SF City Council

Former City Attorney Fiddle-Faddle back fiddling with city business

I’m not sure how David Pfeifle got his foot back in the door, but this appointment should be worrisome (Item #20);

David Pfeifle

Sioux Falls Regional Emergency
Medical Services Authority
(REMSA)

Appointed for a term from
October 2020 to October 2025
(to replace Ross Wheeler).

David Pfeifle
• Earned law degree from the University of South Dakota.
• Executive director of the South Dakota Public Assurance Alliance.
• Twenty-six years of practicing law in South Dakota including representing several medical community clients.
• Former city attorney for Pierre and Sioux Falls and state’s attorney for Stanley County. Prior legal advisor to REMSA.

First the obvious, this is an enormous conflict of interest due to his position as the director of the city’s insurance provider. But as we know, the city isn’t real big on ethical behavior these days.

What also worries me is his roll of advising the board on legal matters, especially if there is something they want to be hauled away in a ghost ambulance (probably the main reason he is being appointed).

But what is most troubling about this appointment is his reputation as the former city attorney where he assisted in trying to cover-up the event center siding settlement, that wasn’t really a settlement.

While it has bothered me that Fiddle was appointed to be the director of the Public Assurance Alliance, we certainly don’t need him back fiddling with city business, especially on such an important board.

Still wondering who cooked up this mess.

UPDATE II: Sioux Falls Board of Ethics Meeting, Oct 6, 2020

UPDATE II: So one interesting thing I learned from the video was that the 170+ page document that was presented to the council during Nutzert’s hearing was actually given to the City Clerk several days before the hearing. Brekke questioned why they received the document that night right before the meeting instead of in advance. BOE Chair Jack Marsh defended that position and said they prepared the packets for the council immediately several days before the hearing and gave them to City Clerk Greco to give to the Council, and it was within Greco’s jurisdiction NOT the BOE’s to give them to the council. Which is true.

I asked a couple people in the know this afternoon why Greco did not pass it on to the councilors in advance. In fact, I guess, Greco intended to do so and even wanted to post the docs in advance online in SIRE but he needed (or thought he needed) permission from the outside counsel the city hired to handle the hearing before he could do it . . . wondering why that permission wasn’t granted?

I have asked a couple of city councilors to look into why the information wasn’t presented to the council and the public in advance.

This whole adventure was so sloppy and corrupt, you wonder how our city government can even function at all.

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I did not attend today’s meeting because it was at 9 AM on a Tuesday morning, real convenient for the public to show up – NOT. So all I can tell you is what I heard briefly from those who attended;

I guess the Board of Ethics determined that Councilor Brekke assisting constituents with navigating the Charter was well within her rights and duties as a councilor (Duh!)

I guess David Zokaites’ question about supplying evidence was pretty much blown off because Neitzert told the BOE that city employees take trips all the time. Which is interesting, since this complaint was against an ELECTED official and NOT a city employee. That was the main reason the first complaint was dismissed.

I guess we will know more after the video and minutes are released.

Reverberations from the Greg Neitzert Board of Ethics impeachment ruling

Guest Post-Cameraman Bruce

The reverberations from the Greg Neitzert Board of Ethics impeachment ruling is still causing waves in the Board of Ethics schedule. On Tuesday, October 6th, 2020 at 9:00am, of course at a time where few can attend, there are two Ethics requests. Remember, Greg Neitzert was impeached (or indicted) by the Board of Ethics probable cause letter sent to the City Council causing the recent quasi-judicial hearings by the body.

AGENDA LINK

The first ethics agenda item is an advisory request from City Council member Janet Brekke. Brekke is asking for clarity in the accusations leveled at her by the impeached Greg Neitzert. If you remember, Neitzert claimed John Cunningham had compromised her when he asked Brekke (a former city attorney) for clarity on the ethics process since the Board of Ethics and the city attorney refused to explain the process and their decision to him.

Brekke, like all city council members are able to assist their constituents where possible. Come to think of it, if they do not assist their constituents, then what good are they?

During the process, the soon to be impeached Neitzert sent ex parte communications to council members, attorneys and the Board of Ethics members in efforts to sway their actions and besmirch the integrity of Brekke and Cunningham. There should be another ethics complaint against Neitzert for this attempt to improperly attack Brekke. You notice in the packet, a threatening email from Neitzert, sent to Brekke and Pat Starr, promising retribution, as council chair, if they did not recuse themselves from the process.

How stupid is the impeached Sioux Falls City Council Chair Greg Neitzert? He is making some sort of threats of retribution against other members of the panel and letting the members of the Board of Ethics in on his plan? What is ethical or where is integrity in his planned attack?

The second agenda item on the BOE agenda is a REQUEST FOR INVESTIGATION (attachment 3) filed by David Zokaities. Zokaities is asking the Board to investigate and release the evidence, with all information, the Board found to make their statement in the Sioux Falls Board of Ethics’ Report on complaint 20-B and recommendations to City Council:

c. The Board finds other incidents of past travel by City officers for which a third party paid expenses. While the Board did not thoroughly investigate or determine the full extent of such practices by City officers or officials, the practice appears to be common. The Board did not determine whether attendance at any prior event(s) was specifically improper.

Zokaities is now asking the Board to do their job, to finish the investigation, they alluded to and expose the violations. If the city officials and staff are making secret trips, we the public must know how they are using their positions to possibly corrupt our government. Are they getting more illegal free trips? Are they getting more illegal free meals? Are they getting boats parked in their driveways or Rolex watches for doing their gifters work? We don’t know since our administration was hired by the people in 2018 by promising transparency. If it was happening before 2018, we also need to know. The Board made the accusation in writing, so let’s see the evidence and then, let the prosecutions begin?

If a librarian can’t accept a meal or honorarium to serve on a national board, the cops could not receive discount gift cards or the Planning Director had to give up his conflicting corporate advisory position in recent BOE hearings, then we must know who is taking 3rd party paid for trips or meetings. If the officials are not taking the trips, then the BOE must clarify what they are talking about.

No evidence related to this statement was released to the public or Council to complete the Council’s impeachment process. There is a gap in public knowledge. If city officials who are elected, appointed or staff are making illegal trips, we the public have a right to know. The impeached Neitzert in his only “report” to the council was an email sent while at the meeting proudly told of the group’s mission on certain issues. Funny thing is, he never let anyone know what he was going to attempt to do on the group’s behalf. Zokaities wants to know as we all do, what Neitzert and the rest of the “offending” city elected, appointed or staff have been doing.

Sioux Falls does not have any other method to find out this information. The Board and Council has been derelict in their duties up to this point to tell who and what they were accusing the get to this answer. Who and where are they traveling using the city credentials they have been secretly using.

The Board of Ethics and the Sioux Falls City Council have, through these recent actions, shown we might as well shut down the public’s right to know and also hold the officials responsible for their actions. Shame on them and shame on us for letting this happen.

Thank you to Janet Brekke and David Zokaities for helping the rest of us clarify the issues raised in the impeachment of Greg Neitzert. The public must show up, if even to just listen and watch. These meetings seem to always be at a time few people can attend. By showing up we let the Board know we care about the corruption possibilities this entire scheduling process and the resulting decisions create.

Censored images from Sioux Falls City Councilor Neitzert’s Dismissal meeting

Cameraman Bruce added the images the city would not show on their video during public input.

Sioux Falls had an impeachment of a government official. This is the first time it has ever happened in Sioux Falls and maybe South Dakota. What is impeachment? According to Wikipedia: Impeachment is the process by which a legislative body levels charges against a government official. Impeachment does not in itself remove the official definitively from office; it is similar to an indictment in criminal law, and thus it is essentially the statement of charges against the official. In the Sioux Falls Home Rule Charter, the body charged with determining the impeachable offense is the Board of Ethics. The Board of Ethics found probable cause Greg Neitzert committed a crime against the people he was supposed to be representing and the government he was to protect. Greg Neitzert was impeached. The Board of Ethics found Greg Neitzert had ethical lapses requiring a hearing before the City Council to determine the punishment. Impeachment is a political answer to a political crime with the greatest punishment being removal from office. The Council stopped just short of a punishment because apparently the five who voted “for” him decided to hide their involvement in similar? Is our missing mayor off traveling somewhere, also doing so under similar circumstances? Neitzert’s chutzpah is astounding. That he could take a trip paid for by a lobbyist group and think he was doing Sioux Falls a favor. How many could take a trip paid for by a group trying to overthrow our form of government and think it was alright? Robert Kolbe said it right in his short public input on September 28th, 2020, Neitzert is the orphan. Now Neitzert is panhandling to collect money from his handlers and protectors to cover his errors in judgment. That’s chutzpah. An interesting thing happened during the public input, the controllers of the video exhibits decided to leave out Bruce Danielson’s exhibits from the CityLink broadcast. They are included in this video. Remember one important thing from Neitzert’s ethical lapse; Greg Neitzert likely is the first person in South Dakota to be impeached. What a mark in history. Thanks Greg for the history lesson, you will be forever remembered for this lapse. The Neitzert impeachment of 2020, that’s chutzpah.

Sioux Falls City Councilor Selberg votes for alternative non-dismissal of Neitzert

Alternative Dismissal

Tonight at the Findings of Fact special meeting of the Sioux Falls city council, Councilor Brekke offered an alternative resolution (above) of NOT dismissing Neitzert, but also not punishing him. After Councilor Starr seconded the motion, himself, Brekke and Selberg voted for it, which was a reversal of what Selberg voted for at the end of the original hearing.

Not sure why?

I thought at first maybe he misunderstood the vote (he was attending the meeting via phone), but I am not sure that was the case, because he paused and sighed before voting for it (which tells me he supported it) after it failed in a 3-4 vote, Selberg did vote for the dismissal, Brekke and Starr did not.

If Selberg needed clarity on the amendment he could have asked for it before the vote, he did not, he also could have rescinded it immediately after the vote or even at the end of the meeting, he did not. I’m curious what his change of heart was?

Maybe it was my testimony? LOL. In which I pointed out that throughout the findings it is clear he violated the ordinance. So why the dismissal? Never did get any discussion from the entire council on why they felt a dismissal was appropriate and we likely never will.

But there was also a strange moment in which Councilor Neitzert’s wife testified. I won’t disparage her, I’m sure it’s not easy being in her position, and I sympathize with her, I also wonder how many times she has asked Greg to just accept what he did and move on.

But she made a reference to people on Facebook questioning their family life, finances and even marriage. Whoaaa! I had never heard this.

Listen folks, while Greg did violate the ordinance, this wasn’t a capital offense, I even said in my testimony that he doesn’t deserve punishment, just accept what you did and apologize.

Sometimes politics can get personal, but this action by Greg wasn’t personal, it was just an ethics violation of city law. Pretty black and white.

Either the majority of the council who voted to dismiss this is really corrupt or really freaking stupid.

I’m guessing both.