SF City Council

UPDATE: Sioux Falls City Clerk trying to change the rules mid-stream

UPDATE: Did you read the last part of the story the same way I did? TJ TypeOver and Greco admit that these rules they are trying to apply to the petition have to be voted on yet by the citizens. Huh? How do you enforce rules that haven’t been ratified by the citizens yet in a legal election? Hey, Kooistra, I may not have a law degree, but last I checked an ‘Opinion’ is just an ‘Opinion.’

Isn’t it funny how these things work? Two weeks after the city clerk and city attorney gave the green light on ‘Triple Check the Charter’ they now are trying to change the rules of the game. It reminds of something we used to call ‘Family Monopoly Rules’. Depending on what family’s house you were playing at, they had their own set of rules.

It is pretty obvious they are trying to create doubt around whether the drive is legal. We allowed the unqualified/uncertified city clerk pull this crap in 2016, and we already know the games all to well. Many city officials know that if this gets on the ballot, it will pass.

PRESS RELEASE

City of Sioux Falls administrative staff have determined the Home Rule Charter as adopted 25 years ago is unconstitutional, as adopted.

“We have received an opinion from the city officials, who are duty bound to defend the charter, deciding they have the ability to reject sections of the Charter they do not agree with. This has never been done before, this is a gamechanger.” Committee member Bruce Danielson said “City support staff have opined new rules for our petitioning as if they have the power to rewrite state law, home rule charter and South Dakota Constitution.”

The staff’s procedural changes were emailed to the committee almost two weeks after the petition drive had started and signatures were being collected. “How can the staffers require a whole new set of rules after the process starts?” said Danielson “The organization is working with outside experts seeking guidance to find solutions to save the Sioux Falls home rule charter as written and adopted by the citizens of Sioux Falls.”

“We are continuing the legal collection of signatures based on State of South Dakota established processes due to no ordinances were adopted defining or governing this process.” added Danielson.

BACKGROUND

Triple Check the Charter’s organizing committee of 15 received a notice letter via email from Sioux Falls City Clerk Tom Greco at 4:15pm on Friday, August 16, 2019.

As required by Sioux Falls Home Rule Charter an affidavit of 15 duly registered Sioux Falls voters was filed on August 5th, 2019 informing the City of Sioux Falls the organization was formed to amend the Home Rule Charter through a petition process. The group, Triple Check the Charter, is offering to the voters of the City of Sioux Falls the ability redefine the duties and responsibilities of the City Council.

In the letter, Clerk Greco, with the assistance of City Attorney Stacy Kooistra have determined to rewrite South Dakota and city of Sioux Falls election laws and procedures:

  1. who may circulate a charter amendment petition and

2.    the number of registered voters required to sign for a signature to be deemed sufficient.

Bruce Danielson

Sioux Falls City Council Agenda, August 20, 2019

City Council 2020 (2nd) Budget Hearing, 2:30 PM

Budget presentations on Finance department, Public Works, Parks & Recreation, Transit, and City Attorney’s office.

City Council Regular Meeting, 7 PM

Item #7, Approval of Contracts, City hires a company to refurbish the waterslides at Terrace Park. I don’t have a concern about the price, I just wanted to commend the city’s purchasing department for their well thought out selection process. It must have been hard to find a company to do this. The name of the contractor? The Slide Experts 🙂

Another $50K going to the Bunker Ramp legal problems. But you know folks, it will be great someday.

Item #30-31, The new liquor supermarket, Williquors is asking for a beer & wine license for a VL casino bar (apparently that will be attached to the store)

Item #39, 2nd Reading, The city council will take a final stab at the casino ordinance that will allow Sioux Falls casinos to create imaginary lines between establishments. I think they are opening a can of worms.

Item #47, Council takes another leap at their legislative priorities.

Item #50, Appointment of peeps to citizen boards. Mayor TenHaken appointed two new members to the Parks Board. One lives in the northeast part of the city and the other in the central part, so that is good.

EVENTS CENTER BOOK CLUB MEETING (Wednesday, August 21, 8:30 AM, Convention Center).

I think they will make their final recommendations.

Calendar Coming

Sioux Falls City Councilors told NOT to circulate petitions

In a 3-1 decision (Sue Roust voted to say it was OK to circulate) the Board of Ethics told the RW3 (Brekke, Stehly & Starr) that they didn’t think it was ‘ethical’ to circulate petitions for Triple Check the Charter.

Their reason? They said that since the 3 of them are in a supervisory role with the city clerk, Tom Greco, that it would make it difficult for him to act fairly when checking the petitions if one of them turned in signatures. While that is all fine and dandy, Roust pointed out that it is no different then turning in petition signatures for running for re-election to the council.

I think that they could just sign an affidavit saying that they would not discuss the petition with Tom and vice versa and have the city attorney notarize it. I also think by telling them NOT to circulate petitions, it violates their 1st Amendment rights.

A lot of Hoo-Hah over nothing. The BOE did tell them that they could assist with the petition drive though, just NOT collect signatures.

Lalley; Shut up and vote.

Guest Column by Patrick Lalley

In government and politics there is a direct line between votes and votes.

That’s not a typo.

It means that when you enter the arena of elected office every vote you take becomes potential fodder against you. That’s just part of the deal and most people know that going in.

Party caucus leaders in legislatures and Congress will perform all sorts of procedural gymnastics to either prevent their members from taking a “bad” vote or forcing the folks on the other side into the same.

For better or worse, that’s the game.

It’s fun to watch in the hands of the masters.

It’s pathetic in the hands of amateurs.

That’s what I was thinking on Tuesday night during City Council Bingo at Full Circle Book Co-op.

The issue: Whether to look into diverting some parking ticket money to the Banquet’s SOS program, which collects school supplies for low-income families.

NOTE: Before we go any further can we just say that we all love the good people at The Banquet? If you don’t, raise your hand. Good. That saves us some time.

NOTE 2: This one is for the City Council. We all love The Banquet, as evidenced by Note 1. You don’t have to tell us that you do as well.

NOTE 3: If you didn’t see the City Council meeting on Tuesday, based on the comments, I can only assume each of the members has donated thousands of dollars to The Banquet.

Back to the issue of the parking ticket money and the low-income students. Councilor Theresa Stehly forwarded a resolution to ask Mayor Paul TenHaken and his people to look into a Las Vegas deal under which ticket cash was diverted to a similar program.

Now, let’s just say for the record that any time you’re using Vegas as your example, maybe you’ve gone a little off the mark. That being said, we’re talking about a pretty harmless request, a resolution saying can you look into this.

Boom.

Done.

Move on.

Which would be all well and good if our current collection of city councilors weren’t so concerned about what Theresa is doing, or saying, or writing.

Instead of voting no and letting it go, which in truth is the correct vote for all kinds of reasons, Councilor Curt Soehl decided to up the game with an amendment to the resolution.

That’s where the wheels came off.

All of them.

Wheels hanging out of the trees.

Gone.

The details at this point get a little fuzzy, but basically the city attorney said the amendment to the resolution would require a public notice, etc. etc.

But the underlying issue here is that Councilor Soehl thought it was a good idea to poke Councilor Stehly in the eye with a procedural stick.

The best defense against a bad guy with a stick is a good guy with a stick.

Wait, that analogy took a turn. Oh well, weapons.

Let’s just say that it went bad and after a bit of wrangling and ridiculous positioning the entire council looked like blithering fools.

Political positioning in legislative bodies is an art.

This was not that.

I get that there’s a fissure on the council. It’s 5 to 3 in a lot of situations in which there is disagreement.

NOTE 4: But for a couple hundred public service sector union votes that put Soehl in that seat, it could very well be 4 to 4. Think about that for a second.

And if you don’t like Theresa Stehly, that’s fine, you probably have similar opinions in your echo chamber. And to be clear, she’s not a political strategist.

In fact, let’s get back to politics. Specifically, let’s talk about elections.

Former councilor and state legislator Kermit Staggers won a lot of elections and I would venture that about 6 percent of people actually agree with him on philosophy. But the man was an advocate.

He showed up.

He listened.

That’s what Theresa is, an advocate for people who don’t have a voice.

That plays my friends. It always has and it always will.

Here’s my advice to Councilor Soehl and like-minded folks who want to try and use the legislative process as a political tool.

Be careful.

Back in my reporting days, in a land far, far away, we used to have a saying.

Shut up and vote.