Stop the Funding

UPDATE II: Approving the Admin Building Advisory Vote is the right thing to do

UPDATE II: I want to say that it doesn’t surprise me one bit the council voted down the advisory vote tonight (6-2. Stehly & Starr, Yes. Erickson, Kiley, Rolfing, Erpenbach, Neitzert, Selberg, NO). They want this to go away, who can blame them? When people start seeing how sausage is made, it scares them and they have lots of questions.

But I would like to give my two cents on some of the comments made by councilors Rolfing and Kiley about ‘conspiracy theories’ and the mayor’s involvement. There is none. The mayor vetoed the repeal, it is up to him or a judge to stop the bond sale. That is a fact. His hands are all over this.

As for Rolfing’s comments that he hears 10 to 1 that people are for the building, well your golf course survey is just dandy, but the petitioners have ACTUAL signatures, over 6,400 of them, approximately half the people who voted in the last city election. Straw polls don’t count in real life.

As for the defense of the city clerk and the ‘negativity’ towards him. Doesn’t matter if Danielson got the petition oath and language from the tooth fairy, it was Greco’s job to stamp it (in which he did). It is HIS stamp on the petition sheet that he received the petition. This is a FACT. There has been NO one on the council, the administration or the clerk’s office that has said otherwise. His job was to verify and stamp the petition. He stamped it, he just didn’t verify it. This is also a fact.

We can cloud this debate all we want with ‘feelings’ and ‘theories’ but the facts are undisputed.

UPDATE: A court hearing in front of the Honorable Mark Salter will be September 28, 2016 to hear the Writ of Mandamus on the petition validity.

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At this point, there is really nothing to report with the validation of the petitions. Let’s just say the legal rangling is in full swing.

But there is something that CAN be done. At tomorrows city council meeting, the city council will hear and vote on the 2nd reading of the advisory vote for a city administration building.

Many have argued the election would be moot if the bond sale goes through on October 3rd. This is very much true, AND it is still a possibility. The mayor has said he will not change his mind on the bond sale. And why would he? He broke two council ties and vetoed the repeal.

But as I have said in the past, the planets could align, the bond sales could be restrained, either by a court intervention, or the mayor miraculously changing his mind. In this case, an election would be set already.

I urge the majority of the council to pass the advisory vote. If the bond sale goes through on October 3rd, it can easily be repealed. No tax dollars spent. No harm done. The right thing to do.

Where do we go from here on the Stop the Funding petition drive?

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Some have criticized councilor Stehly for pushing for an advisory vote, but I will commend the 5 councilors who chose to move it to a 2nd reading.

Politically, I believe in having a strategy, sticking to it, piling it on and coming from many directions to solve an issue or get important people elected.

That being said, the advisory vote is an example of another thing to try to stop the repeal of the bonds. This is NOT a time to give up. The 5 councilors, to their credit, worked very hard to stop the bonds, why give up now?

If a judge decides the petitions are valid and they are validated, that means the council will have to set an election date anyway, if they are not, the election would be moot and not happen. So what is the harm in trying? There is NO harm. No tax dollars expended.

There is also a second part of this scenario, let’s say the stars do online and the petitions are validated before October 1st, that means if the mayor still chooses to move forward on the sale, the only thing really stopping him is an action by a judge to impose a temporary restraining order, that is also in the writ filed with the court. Not only would the stars have to align, they would need the help of a couple of passing comets.

Like I said though, you must pile in on. No foul no harm. Besides, no pain, no gain.

I often comment to politicos that Mayor Huether has a ‘win at any cost’ mantra, he is determined and should NEVER be under estimated. He doesn’t lose often. You can’t change Mike’s mind by resting on your laurels or going at 50%+1. You must fight fire with fire.

I encourage the 5 councilors to continue to stoke those fires.

UPDATE 2: on Stop the Funding court filing

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I hope to have more details about the actual filing this afternoon, I know some of the details, but will wait until I see the actual documents;

Citizens for Integrity will continue its challenge of a new Sioux Falls administration building in court.

Bruce Danielson says he and former councilman Kermit Staggers are challenging the city after it rejected petition signatures to put funding of the planned building to a public vote.

Here is the court filing; stopthefunding-court

Stop the Funding may have a hearing soon

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Last week, Cory Madville did a great post about the technicality of the petition’s oath (thanks for filling in for me);

SDCL 2-1-11 requires that statewide petitions be” liberally construed, so that the real intention of the petitioners may not be defeated by a mere technicality.” If the spirit of that law applies to municipal petitions as well, then Danielson’s mis-oathed petition should stand, and the will of the voters should be heard.

Besides a bunch of armchair politicos, bloggers and attorneys, Mr. Danielson may get his day in court (details to come soon). A judge will ultimately have to decide the fate of the petition oath.

It is clear this will have to be settled in court, the city attorney, the SOS and the city clerk, Tom Greco did the right thing in invalidating the signatures, and Danielson admits he grabbed the wrong form. But what I take issue with is the defense of the city clerk in what he did before the petition was circulated.

Several councilors last night decided he needed defending, while I will defend him on invalidating the signatures, I WILL NOT DEFEND HIM on stamping the petition. Yes, Danielson has fully admitted he screwed up, he should have had an attorney review BOTH sides of the petition, he has admitted it was a mistake. But ultimately, Bruce is NOT the public official who has to verify a petition before moving forward, that is the job of the city clerk. There has been a lot of he said-she said in what happened. Bruce said he offered to show Greco the back of the form, and he said he didn’t need to see it, Greco offers that Bruce told him he didn’t need to see it. Either-or, doesn’t matter. The city clerk’s job is to verify a petition (both sides) and stamp it for approval. Greco did not do his job, period. Even if Bruce refused to show Greco the back of the form, Greco could have refused to stamp the petition. Pretty simple.

I still think the city clerk deserves a reprimand for what he failed to do at the beginning, but as of right now, it looks like that may be a judges decision.