SF City Council

Sioux Falls Stay-At-Home ordinance, much to do about nothing

I watched the Sioux Falls City Council meeting last night in somewhat disbelief (well not really) about how little people know about city ordinances and law, or how our system of local government even works. Hey, I’m not bagging on these folks, just look at who is running the city, they don’t have a clue of what they are doing either. The city attorney and city clerk are changing agendas and documentation on the fly on the online agenda without noticing that change to the public (big open meetings violation) then they lie about the timeframe it changed (needed to be 24 hours). Oh, and then there was the supposed executive session last week that was broadcasting throughout the entire building in Carnegie in which several citizens listened to the whole meeting. But that wasn’t the biggest issue. The biggest issue was the session was probably  illegal because the topics covered have nothing to do with executive session protocol. In other words, they are kind of in trouble over it, but we will cover that on a different day.

But what troubled me the most was all the citizens that showed up to protest this ordinance. Don’t get me wrong, they have the right to do that, but I think if most knew what it actually does (basically nothing) they would not have even bothered. There is really no teeth in the ordinance to stop people from operating their businesses. On top of that, pretty much any business can claim to be ‘essential’. There are a few exceptions, but they have already been closed for over a month. What the ordinance really should have laid out to be effective in keeping people at home is limiting businesses to groups of employees of 10 or less. Either in the office, or broken up into groups at a manufacturing plant for instance. This current proposed ordinance is basically a strongly worded suggestion that you try to stay at home (unless you have to go to work, the grocery store or the hospital).

There is a ton of people freaking out about really nothing. Even if this passes 2nd reading on Tuesday (which it probably won’t), it really isn’t any different than what is currently in place. It’s just a feel good suggestion from the city. If you need to work, and you can do it safely, go for it. No one will be stopping you.

Sioux Falls ‘Stay at Home’ order will be an interesting City Council discussion and vote

As Mayor TenHaken said today, the city council will consider the first reading of a stay at home order on Wednesday but will have to wait until next Tuesday to implement it. We get a peek of what it looks like below and HERE (Items 22-34). I have a feeling the discussion on the ordinance Wednesday night (not on the normal Tuesday) will be high drama. At this point I think the council is split on the issue, but I do encourage them to at least pass a 1st reading and if things change or get better by next Tuesday, they can just kill it or scale it back. I don’t think that is the case, I think by next Tuesday we will be in dire straits.

Many businesses are pounding on Councilors and the Mayor (mostly the self-employed) about not doing the order. I have argued with many councilors and business owners “If you can’t survive a 3 week closure of your business, you obviously 1) don’t have a good business model 2) don’t have a backup plan or savings for when these things occur. There has already been a stay home order in place pretty much for people who work in restaurants (wait staff) the elderly (65 and older) most public employees, teachers and students. Oh, and also covid patients that are not hospitalized. I’m not sure how all of these peeps can be forced to stay home, yet others cannot? But they can, as we will see (or not see).

I also remind businesses that there is Federal help available if you seek it. Many businesses I have talked to have taken advantage of the programs while still paying employees. You do have options.

While the stay at home orders are inconvenient, I have to remind people, until there is widespread testing of almost all of us, there is no safe way to work together in large groups. We can talk about possible treatments (the president invests in) expensive Cadillac ventilators (we are paying for, instead of effective cheaper models) and a vaccine that is probably over a year away, but let’s face it. There are only two ways to stop the spread at this point. Stay away from each other and ramp up testing, big time. Public health and safety should be our top priority, not whether the nation can have their BLT’s.

Here is the important part of the ordinance;

Section 1: Stay at Home Mandated

Effective immediately upon publication on April 24, 2020, residents of and visitors to Sioux Falls shall stay at home or a place of residence if possible, except to work in a critical infrastructure sector job or to conduct essential activities, both as defined herein.
A “critical infrastructure sector job” is one listed below or in the attachment to the U.S. Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA) Memorandum on Identification of Essential Critical Workers During COVID-19 Response, updated March 28, 2020, attached hereto as Exhibit A and incorporated herein by reference. The following are “critical infrastructure sector jobs” for purposes of this Ordinance:
• Construction workers who support the construction, operation, inspection, and maintenance of construction sites and construction projects (including housing construction)
• Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, construction material sources, and essential operation of construction sites and construction projects
• Professional services, such as legal or accounting services, insurance services, real estate services (including appraisal, home inspection, and title services), and veterinary services, inclusive of support staff.
• Employees of biotech companies
• Employees of financial institutions such as banks, credit unions, and insurance companies For purposes of this Ordinance, homes or places of residence include apartments, hotels, motels, shared rental units, dormitories, shelters, long-term care facilities, and similar facilities where a person may presently reside.

This of course covers a wide range of workers, in fact, I would argue unless you are making toy trains or whirly gigs, you are pretty much an essential worker – few workers will be affected. Amazingly, at my employer, while over half of us are already working from home, we probably fit in 3-4 different categories above, and ONE for sure.

I also find this ‘tif’ between Paul and his Snow Queen a bit interesting, especially when this juicy tidbit just came out today;

The source — who has been at the highest level of Republican politics — said Noem is making such a mess of things that she if she doesn’t land a job with Trump, she may face a strong primary challenge in 2022.

Among those who might take her on? Sioux Falls Mayor Paul TenHaken, who is frustrated with Noem’s failure to lead during the COVID-19 crisis, when he has asked her to declare a statewide shelter-in-place order.

Another dismal of a failure Sioux Falls Mayor looking to be king of the state, while he has to rely on the city council to bail his ass out with a watered down ordinance that doesn’t take affect (April 24th) until half of the town is already infected. Thanks!

City of Sioux Falls Municipal elections prediction update

As someone reminded me yesterday, we were scheduled to have an election next Tuesday. Thank God that didn’t happen as the city is starting to peak in covid cases. But if it would have happened, I still believe Stehly would have won by a landslide. The factors would have been a normal municipal election turnout of your usual 4% or so.

I think those factors have changed, and not sure how this will play out. The biggest thing that has happened was the SOS’s decision to mail everyone a absentee voter application in the mail. You can pick the ballots you want (for instance in SF you could pick city/school & primary). I think this will be hugely popular as you see the numbers of covid cases rise. I’m putting at least a 30-40% voter turnout. I think you will see that many people will like to vote this way, and if anything positive comes from this crisis, it may be pushing for vote by mail, which I think is a great idea. It will increase voter turnout. The critics are on both sides of the aisle, but more heavily from Republicans who have depended on voter suppression for years. This levels the playing field, and it scares them. I’m not sure where their claims of fraud and abuse come from. We have doing absentee by mail for several years in South Dakota, and I think if there was a widespread issue with voter fraud, we would have heard about it already, not just from talking points coming from POTUS’s butt. Remember he claimed millions illegally voted in California in 2016, something that has never been proven.

As you can see from these articles, it is pretty rare and the fines and penalties are steep if you get caught. I don’t think people would be willing to risk it.

According to the Brennan Center for Justice, a law and policy institute which describes itself as progressive, “The consensus from credible research and investigation is that the rate of illegal voting is extremely rare, and the incidence of certain types of fraud – such as impersonating another voter – is virtually nonexistent.”

I still think Stehly will prevail, especially since both her supporters and Jensen’s will get the same applications in the mail. It will be a matter of who gets their supporters to fill out that application. Time will tell. Another factor is that voters will have more than a few minutes to study the ballot at their kitchen tables and discuss it with friends and do research. I’m not saying everyone will, but I think you will see more reasoned and educated voting by going this route.

This is going to be an interesting experiment in our Democracy. The results will be fascinating to study.

Sioux Falls City Councilors Brekke, Starr & Stehly offer solutions in these troubling times

Dear City Council Colleagues and Citizens ,

This morning Councilor Janet Brekke and I had a very productive conference call with our City Attorney Stacy Kooistra and our Council Staff person Jim David.

We discussed two items that I wanted to share with you:

1. We discussed a proposed  ordinance that Councilor Brekke and I are preparing that will include safety  standards for protection of employees during this Covid 19 pandemic.   Councilor Brekke and I have spent hours working on this issue and now more than ever we feel it is a necessary part of our safety standards. We appreciate the advice and counsel of our City Attorney  Stacy Kooistra. We will keep you apprised of the outcome of those discussions.

2. We also discussed the  distribution issues related to  Rental Assistance fund.  This fund has $1 million tax dollars in it.  I have been receiving communication from recipients of the funds as to how the fund is being managed. After the conversation this morning with Councilor Brekke and City attorney Kooistra, I  did further follow up and had discussions with Planning director Jeff Eckhoff, 211 helpline director Janet Kitterams and Community outreach member Rich Merkouris. They have all agreed that the payment policy to the landlords could be revisited.  

In the midst of these conversations, I have suggested:

****Reduce the award to 50%.

**** Stipulate that the remaining  balance is forgiven by the landlord who is accepting the payment. NO FINES CAN BE IMPOSED UPON THE RENTER.

****Stipulate  that the tenant will not be evicted for a minimum of 90 days.

The discussions are ongoing and we will keep you informed as to the latest developments.

Have a blessed, peaceful Good Friday and Easter.

Theresa Stehly