UPDATE: Last night at the council meeting where David was approved 6-1 (Selberg absent, Starr dissent) there were no questions for the appointee. I guess now the administration is even skipping the job interview process in appointing directors.

I also like when the mayor yells ‘Oh my Gosh!’ during public input (FF: 1:21:40) he then says, “See this Boy Scouts you are learning about decorum and professionalism.” What PTH doesn’t understand is that decorum and especially professionalism applies to the body on the dais as well and saying ‘Oh my Gosh!’ to a public inputer who you are personally irritated by is certainly not decorum ‘like’. I get it that you have to shut down people after their 3 minutes are up, but at least let them finish their sentence or point before yelling ‘Thank you’ at them 4 times in a row. The Boy Scouts were probably wondering why the mayor was acting like a Cub Scout.

Cameraman Bruce Danielson sent this email to the council today about David’s record. The proposed appointment with city council approval will be tonight at the 6 PM meeting (Item #44);

I ask the City Council to consider the following thoughts and let these weigh in on the decision to rehire a flawed nominee for Sioux Falls City Attorney.

How will the nominee deal with issues arising between the City Council and the Mayor’s office and the City Employees?

• Will the nominee once again switch sides, giving up his City responsibilities and use City information to personally represent the mayor such as in an ethics complaint without a conflict release from the City Council?

• Will the nominee give up his City Charter duties and use City information and position to personally represent the mayor, such as in an ethics complaint in violation of the City Home Rule Charter and attorney-client relationship with the City Council?

• Will the nominee, in issues before the Board of Ethics, recuse when confronted with conflict or once again risk disbarment similar to his part in two 2014 Board of Ethics hearings involving the mayor?

• Will the nominee once again step aside from his Charter responsibilities to become the personal attorney for the mayor as he did in one of the 2014 Board of Ethics hearings?

What does South Dakota Public Assurance Alliance have to say about their Executive Director taking inside information back to their largest customer?

• Will the nominee force the city to obtain outside counsel every time there is an issue involving his former employer, SDPAA?

• How can SDPAA Board be comfortable with their former employee, who possesses confidential information about its operations, now being able to use it against them?

• Has the SDPAA Board given a formal conflict release for all future cases involving this appointment?

• In most situations when an employee of one organization (SDPAA) decides to take a position with a customer of the first organization (City of Sioux Falls), there is a customary time gap between the resignation and the accession to the other.

Why do think there will be better choices by the candidate then there was last time in city employ?  A sampling of some of the candidates prior issues is not a great recommendation. 

• Events Center hidden cost overruns resulting in the loss of building warranty.

• First time in history a vendor placed a mechanic’s lien on a major asset of the city resulting in a hidden settlement – the Events Center.

• Downtown parking ramp issues, including a building collapse, causing death and the illegal asbestos removal.

• Backdated paperwork on city property sales and projects handled by the city attorney office.

• Interference with public driven activities such as the Administration Building petition drive and others?

• Created the template for advocational education programs to sway public voting illegally using City resources in violation of the 1st Amendment and plain language in SDCL.

• Approved the unconstitutional property zoning changes without legal service to the city’s 66,000 properties.

• Allowed destruction of evidence once a notice of claim under SDCL 3-21 has been filed?

These are just a few of the issues the nominee has been involved in to strip the people of their voices and the people’s representatives, City Council of their oversight. The city attorney is not the personal attorney of the mayor, the city attorney must be someone who understands their loyalties are to the public and act that way every time.

11 Thoughts on “UPDATE: Open Letter to the Sioux Falls City Council about the (re)appointment of David Pfeifle for Lead City Attorney

  1. I’d venture to guess that no one will respond to this very enlightening letter. This Mayor chooses another puppet that will help to support his policy of non-transparency. The BS continues!

  2. BEAVIS on March 22, 2023 at 11:54 am said:

    The current mayor has been the most transparent mayor and most fluid, easy listening mayor to date. Democrats seem to hate him due to his republican name tag.

    The city attorney is appointed by the mayor upon advice of the council to provide to them legal opinions on legislation. Agenda. Policy. He does not directly answer to the people, but the people must act thru their City Council, their Mayor, or the numerous City Boards, Committees, Commissions themselves. The process is set up in the charter to create public discussion on public affairs of the city. This is how a republic works let alone how a representative democracy works.

    There is a website that drains what is a city and how a city is governed called Sioux Falls Community Chronicle. Check it out, very well written.

  3. Thanks Mike, uh, I mean, Beavis 🙂

  4. ANONYMOUS CALL on March 22, 2023 at 2:49 pm said:

    Are you sure it’s Mike? There’s no mention of “Patented Lands” in BEAVIS’s piece:


  5. Fear & Loathing in Sioux Falls on March 22, 2023 at 2:53 pm said:

    There are two things that need to be cleared up: One, is it true that Eddie Haskell eventually became a pornstar, and two, that The Beaver was Beavis? Perhaps, the House Republicans should look into all of this.

  6. Watching from the Deep South on March 22, 2023 at 4:25 pm said:

    I had the occasion to watch the meeting last night from the friendly confines of my couch with a glass of cabernet. Astounding to me that pth is continuing with his childish behavior. One would think that after being “caught” on a live mic numerous times, he would learn to check himself by now. Again, another prime example of you get what you voted for, ie; elections have consequences.

  7. Steve on March 22, 2023 at 5:11 pm said:

    Gee Mike, you almost had me thinking the actual Beavis was posting.

  8. Mike Lee Zitterich on March 23, 2023 at 4:15 pm said:

    I am not Beavis, am not sure why you think it is me.

    Why are some of you always so rude here. I am always respectful in my responses, and opinions. I do not atack anyone, but this Steve person attacks me for some reason.

    I am the type of guy who will share his opinions, and if we disagree, no big deal. But some of you need to learn how to manage “Decorum”. And you wonder why public input is at the back end of the meeting…Stop acting like Democrats, and act like Americans.

  9. l3wis on March 23, 2023 at 5:01 pm said:

    Mike, it’s called sarcasm. Just laugh it off. If I posted all the nasty comments or even took them seriously I would have quit doing this years ago. Pretend you are a duck and let it just roll off your back like water.

  10. Working part-time at 7-Eleven on March 23, 2023 at 11:05 pm said:

    Mike, don’t let them bother you. I’m a big fan of yours.

  11. Mike Lee Zitterich on March 24, 2023 at 5:19 pm said:

    They do not get to me, it just shows 1 match starts a forest fire, so you have to be careful of what you say. Scott knows me well, and knows I try to be respectful. It i just the fact, that some use these blogs, social media to make others look bad, and sometimes their words change the entire dynamic of the conversation. Most my comment was related to “Steve” who stops at nothing to attack those who he does not like. And it bothers me that people act as such to demonize people on the web. Sadly, these websites, blogs, and media sites can be utilized for good, but because the actions of some, all conversation turns negative quickly. I only hope that good people see through all the hatrid, and look positively at America.

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