Code Enforcement

Review Code Enforcement? Isn’t it a little late for that?

l3wis May 24, 2010 11Comments

I must kill the constitution!

Once again the Gargoyle Leader puts on kid gloves while battling a monster;

Review the way that city code is enforced across the board and find a better way to make it fair.

Earlier in this editorial you said what is wrong with code enforcement; IT’S UNCONSTITUTIONAL. The review process is over, we know what will make it fair; get rid of the administrative appeals process and let citizens fight their citations in front of a judge.

It’s fortunate that new Sioux Falls Mayor Mike Huether already had called for just such a review during his campaign, saying that consolidating the process across the various departments that oversee city code might be the best solution.

Consolidation will help the administrative part of code enforcement and save tax payers money, but it does nothing to solve the problem. It is really quite simple;

• Fire anyone directly involved with this mess

• Totally destruct the process as it is now and start from scratch

• Allow citizens to defend themselves in a court of law

This isn’t freaking rocket science, it is constitutional rights. It is a shame, that a person who has given so much to Americans as a combat vet had to spend $40,000 of his own money to prove the obvious.

The bigger question though is why is the Gargoyle Leader using kid gloves on this topic? It’s simple, they have contributed to the flawed system in a round about way. After one of their employees was killed by a careless driver they pushed to put in red light cameras, another convoluted city endeavor that doesn’t allow citizens to fight their charges in front of a judge. Funny how the AL Ed Board didn’t bring that up in the editorial.

Sorry, you can’t have it both ways, if you want to keep the cameras, you have to ditch the unconstitutionality of them. That means actually ticketing offenders (not cars) and allowing them to argue their charge in front of a judge, or dismantling the robot police.

Dan Daily beats the city in court. He was denied ‘Due Process’ which is guaranteed by the State and US Constitution

l3wis May 18, 2010 8Comments

I will not post the entire 26 pages of the verdict, BUT, I will post some highlights and the conclusions. Click to the right for the entire document. (11-12-09 findings and conclusions)

Remember when the news did a series of stories about how code enforcement was a mess? This paragraph speaks volumes;

And the last sentence in this one says it all – beat a dead horse and maybe it will wake up.

I think the verdict is pretty clear – the city is violating citizen’s constitutional rights to Due Process. Wonder if the city will appeal the decision? I want to personally thank Dan Daily for taking up this cause, this just wasn’t a ruling for him, but for the citizens of Sioux Falls who have been harassed by the city and had their hands tied. While many people may think I am mean in some of the statements I make here, most of the time I am being sarcastic, but right now, I am not; someone needs to pay for the code enforcement mess, dearly, and hopefully it will be city attorney Tornow. Besides being fired, I would love to see him disbarred, fined and jailed for crimes against the constitution.

Did Dan Daily win his case against the city?

l3wis May 17, 2010 0Comments

Rumor has it that Dan Daily has won his case versus the city of Sioux Falls.  The case challenged city civil procedures. More details to come in the following days. (That’s all I can say for now).

GUEST POST • City of Sioux Falls – Discrimination • by Daniel R. Daily

l3wis March 29, 2010 3Comments

Most of us agree that discrimination is hardly an issue in Sioux Falls.  Varied races and religions live in harmony disbursed within city limits.  We accept less privileged transplanted foreigners into our culture.  Sexual preference may be noticed but there’s acceptance.

City employees are the prejudice exception.  They get privileges citizens do not.  Their benefits package is far better than citizens (including state or federal workers).  They have the best health care (including dental) and retirement package.  They get all paid holidays and 6 weeks annual vacation.  There’s credit, financial, and legal help.  They get educational assistance.  It’s very obvious they hardly work 30 hours per week with numerous day breaks and long lunch hours.  They’re protected by strong civil service unions.  Their fat kids play while our athletic children are benched.

City employees are at the root of neighborhoods.  We are stepford citizens.  Speak against the city, you’ll be shut off.  Right or wrong, what they or the city says is both law and gospel.  Smile and give a glassy look so they can’t tell what you’re actually thinking.  Clearly, city insiders have the power when 3 of 6 mayoral candidates are on the council.  The other 3, strategic so the election doesn’t appear rigged.

We’ve accepted indenture.  It happened as a result of Home Rule-Strong Mayor.  We’ll live and work in Sioux Falls until there’s more and better jobs in surrounding communities.  One thing is not acceptable, city civil procedures.  City employees have access to democracy.  Citizens do not.  City politicians and civil service godfathers give themselves and city employees constitutional rights guaranteed by state and federal law via City Code Section 30 or informal ‘wink-wink exception’.

City vs. Citizen Civil Procedures:  No independent hearing examiner (not true before but private attorneys will not take city business for fear of ethics disbarment).  The city is accuser and judge.  No right to present evidence or call witnesses.  You must testify against yourself.  No cross exam of city witnesses.  No acceptable hearing record (file and/or recording).  No appeal.  No, before you ask.

It’s a mayor’s tyranny and dictatorial rule.  Democracy wasn’t threatened, it was destroyed.  Until this gets class status in state court, the best action is an organized resistance to include civil disobedience.

Civil Disobedience Method 1:  City Code 2-66 once stated appeal into circuit court but (2006) reads judicial review.  No appeals, citizen or city (for payment).  Citations, tickets, fines, fees, and assessments post 2006 can be contested and (if paid) refunded.  The city deployed unconstitutional illegal procedures.

Civil Disobedience Method 2:  A complaint against a city employee is an incident report form from Human Resources.  The city attorney intercepts these.  Deliver them direct to the civil service commission asking for a 4 member hearing with court reporter.  If no employee name, write in ‘Code Enforcer’.  With enough reports/hearings, the city becomes overwhelmed.  Activity abusing citizen neighbors stalls.

Equal rights must be guaranteed to both citizens and city personnel.  We must all be Home Rule enslaved seeking state intervention or we all have the same constitutional rights.  City employees are also citizens and not entitled to a preferential double standard.  Rip off taxpayers but we must all be free.

Note: Daily has a case against the city on the constitutionality of code enforcement. Closing arguments were heard over 5 months ago, still no verdict from Judge Caldwell. Wonder why?