Charter Revision Commission

Charter Revision Commission still hung up on the same stupid crap

During their first meeting of 2023, at least three members complained that citizens are trying to get them to re-write the charter as a new form of government.

To revise something is to re-examine and make alterations to (written or printed matter). THE WORD IS IN THE TITLE OF THE BOARD!

The example they use, which I believe was a past proposal by Joe Kirby, was when Joe suggested we remove the mayor from the city council.

That is called a revision not an entire new form of government. In fact it is probably a couple sentence change in the charter under the mayor’s duties. IT IS NOT A TOTAL REWRITE and a gross mischaracterization of the process.

• Members take proposals

• They discuss and debate the proposal

• They vote to place the proposal on the ballot for the next city election

• Voters decide on election day and if it gets over 50% approval it becomes city law

Member Anne Hajek, who was appointed chair for the next four years, said she didn’t want the CRC members to become ‘dictators’.

As I have pointed out to the CRC several times you are NOT rewriting or even revising anything. They take proposals from the public, the council and the administration and vote to place those proposals on the ballot for the CITIZENS to decide. Ironically Hajek said during her rant that the citizens should make the decision to remove the mayor from the council.

THEY WOULD if you would only allow us.

The CRC does NOT have the authority to re-write or re-vise anything, all they do is consent to a ballot question, and as long as the revision is legal and reasonable and most importantly needed to improve the lives of Sioux Falls citizens it is left up to the voters to make that decision on election day.

There seems to be this mentality lately, especially from prominent Sioux Falls and South Dakota Republicans, that revisions to the law by citizens is somehow some kind of dangerous act and we should be more diligent about what we allow on the ballot.

Hogwash!

Removing the mayor as a councilor is NOT a groundbreaking change and would actually give more power to the city council to take action.

This is really about the conflicts of interest many of the members have with deep connections to the rich and powerful in Sioux Falls. This concerns me more then removing mayor ‘grunty‘ from the Council dais.

YOU DON’T RE-WRITE ANYTHING, you are only there to provide advice and consent.

I would have to disagree with Hajek, you are acting exactly like a DICTATOR when you don’t allow reasonable proposals to be voted on by the public.

Kirby suggests we eliminate the mayor as a councilor

I support this, but I am not sure the Charter Revision Commission will be on board;

I have some suggestions for improving the structure of our city government in advance of the 2026 election. My main recommendation is that the Charter Revision Commission give voters the opportunity to improve the mayor’s job description before the new person gets the job. A more traditional separation of powers in city government could help avoid some of the problems the city has experienced. The mayor would no longer serve on the city council.

The city’s chief executive job is more than enough for one person. I envision a structure like that used in state and federal government where the chief executive is separate from the legislature. This change would empower the council to take a stronger role in setting policy, as we originally intended thirty years ago when we put this form of city government in place.

As I said, the heaviest lift will be getting the CRC to put this on the ballot, especially with an election that will have a laundry list of mayoral and council candidates. He is absolutely correct that this needs to be done to even out the powers between the council and mayor’s office.

I think the secondary hurdle will be getting voters to support it. I’m sure there will be opposition, but I am NOT sure how the voters will take it or understand it. Opinions change quickly though, just look at the slaughterhouse vote.

Not only do I encourage voters to support this on the ballot box BUT to get involved before that and encourage the CRC to put this on the ballot.

Joe Kirby critiques Sioux Falls city government on his new blog

While there are many parts of the Home Rule Charter and Strong mayor form of government I don’t like, Joe’s perspective on its current status is spot on;

We intended that the city council would be a strong partner of the mayor. The council is a part time, legislative body with control of the purse strings. As the city charter says, “all powers of the city shall be vested in the city council.” We thought the council would provide the long-range policy guidance needed to complement the mayor’s focus on daily operations. While many incredible people have served on the city council over the past thirty years, it has never quite performed as we intended.

The council sometimes seems to lack a strong, separate identity. All too often, it has done little more than rubber stamp the mayor’s proposals, both good and bad. That has occasionally created big messes, such as the ugly and incomplete Village on the River project in downtown Sioux Falls.

That project was rushed through the approval process without much transparency or chance for public dialogue. Some city council members and many citizens raised good questions about it. A pause would have been appropriate, and perhaps likely if the council had been able to do its job right. Instead of the promised fifteen-story building housing two hotels and a bunch of retail, we are left with a homely seven story parking garage with an unclear future.

Oh, but it gets better, he brings up why we don’t need the mayor chairing meetings and breaking ties (a tie vote would result in failure of an item);

Another related problem with the city government model we put in place is that the demands on the mayor can sometimes be too great. Some mayors have told me the job can be overwhelming, especially when they must run city council meetings after a tough day at the office. Given all that, I think I know what would fix these problems.

We went too far in our effort to ensure strong, centralized leadership by the mayor. We failed to adequately separate the executive and legislative functions in city government. Of course, the mayor is the city’s chief executive. Unfortunately, we also provided that the mayor chairs city council meetings and even casts the deciding vote on ties. In short, the mayor has a large measure of control over the council. All things considered that was a mistake.

He outlines why it is important to separate the council from the mayor’s office;

Separation of powers provides necessary checks and balances on power. In government it is a tried-and-true way to avoid the pitfalls of an individual or group exercising too much power. Can you imagine the President having the power to run congressional sessions? Or the governor running the legislative session? Of course, that wouldn’t work well for federal or state government, just as it doesn’t in our city.

Based on what we have seen, I would amend the city charter to separate the executive and legislative branches of our city government. I have proposed this idea a couple of times to the charter review commission, but they aren’t interested. Inevitably, those who are part of the system aren’t motivated to rock the boat. As they say, “you can’t fight City Hall.”

Yeah, the CRC isn’t big on doing anything. Those meetings are a graveyard of good proposals.

I hope Joe continues blogging, and I hope he brings a petition forward to let voters decide if we should make these changes. Now is the time to take the mayor’s power away and return it to the council.

Out Damn Spot; Sioux Falls Charter Revision Commission

The CRC essentially had their last slaughter today before recommending NO citizen proposals for the Spring 2022 ballot. I believe they killed 5 proposals today.

On a side note, if Mr. Kirby wants to propose changes to city government he should really do it in person instead of sending his hitman Dave Knudson who had to pause his proposal to call Joe, who I would assume is wintering some place nice.*

You can watch the massacre for yourself, but the Commission seemed somewhat giddy after the guillotine dropped, 5 times.**

The arguments were about as tired and haggard as most of the members.

Commissioner Hajek explained their job was to only look at ‘tweaks’ to the charter. How dare we assume the commission called the ‘Charter Revision’ would actually allow voters to weigh in on reasonable changes to said Charter?! The shame! They are not true pugilists just middle schoolers giving titty twisters.

They also recommended that it was up to the council to make these critical changes, and if that was NOT good enough the citizens could do a petition drive, which of course would end in a legal challenge on many fronts and never make the ballot.

I’ve seen a lot of apathetic boards in this city, like REMSA and the Planning Commission, but the CRC takes the cake as the biggest jellyfish in the group.

I ask the question, “What do you care how the citizens vote as long as that vote and proposal are legal?” I will tell you why, because of the massive conflicts of some of the board members.

I think Commissioner Hajek filled us in on the sincerity of the board when she leaned into member Zylstra and said after learning when her term ends, “Thank you! I hope to get out of here!”

*My assumption is Mr. Kirby probably suggested calling in his proposal, but that was likely nixed because during Covid, I believe Councilor Stehly suggested public input should or could be done over the phone, which was quickly thrown on the heap.

**I can’t help to boast a little since two of my proposals at least got some votes of approval.

City of Sioux Falls Meetings, Dec 6-8, 2021

Audit Committee • 4 PM • Monday 6th

• Update on External Audit of City’s 2021 Financial Statements by Eide Bailly, LLP

• Annual Risk Assessment

• 2022 Proposed Audit Plan

Sioux Falls City Council Informational • 4 PM • Tuesday 7th

• Engineering Design Standards Updates

• 2021 Crime Trends & Statistics by Police Chief Jonathan Thum (So now the City Council is finally getting a presentation yet still NO links to the Power Point presentation).

Sioux Falls City Council Regular Meetings • 6 PM • Tuesday 7th

Item #6, Approval of Contracts,

Sub Item #7, RR Crossing Improvements, $82K (I would assume this has to do with some of the development going on with the RR Redevelopment. I recently had a few beers with a business fellar who works closely in this industry that flat out told me any major changes to rail traffic through this area MUST go thru the FEDS.)

Sub Item #11, Zoo design for Lion exhibit, $482K (I find it curious this is going thru Parks and Rec. So now our parks budget is being used to ‘Design’ things for the Zoo. Just think of using this money for actual improvements to our FREE parks system?)

Sub Item #17, (you will notice this has to do with a payout to the Chamber for BID taxes since the separation from the CVB that NO ONE in the media wants to talk about. There is also NO mention of the dollar amount).

Item #40, 2nd Reading, the mysterious alcohol licensing fees.

Item #47, 2nd Reading, Fire sale for parking lot for UN-affordable housing DTSF.

Item #50, 1st Reading, approving new districts in Sioux Falls

Item #53, Resolution taking money from streets to the Facade Core Revitalization Program, $120K, but who is it going towards?

Sioux Falls Parks Board Meeting • 4 PM • Wednesday 8th

Ironically, this meeting is being held at the Overlook Cafe at the same time as the CRC meeting. How convenient? There is one item on the agenda that sparked my interest under ‘New Business’;

Sanford Parking Agreement – Don Kearney

Not sure what this is about, but maybe it has something to do with the soccer and ball fields they are building right now?

Charter Revision Commission • 4 PM • Wednesday 8th

Well, well, well. It seems the CRC has decided to move this meeting back to 4 PM instead of 3:30 PM like last month. I wonder why? There seems to be a lot more agenda items this time around . . . this will actually be a really interesting meeting. While I support Kirby’s ideas about the mayor, I don’t support rank choice. But it really doesn’t matter because the CRC will KILL all of these proposals anyway.