The Sioux Falls School District and former Sioux Falls City Councilor Marshall Selberg got away with it.
And why wouldn’t they?
The school district allowed a candidate to use perjured forms, TWICE, with NO remedy.
Marshall Selberg PERJURED a finance form, possibly lied about his voter registration over the past year, and served OUT of his district for at least a year (a close friend of his confirmed to me he was living out of the SW district for at least a year.) AND he told a reporter on a phone that he was in fact living out of the district and that he needed to ‘move on with his post council life.’ So you moved out a year in advance to prepare for your future life?
These are ACTUAL crimes, not just ethic violations.
The media looked the other direction and local government officials who have the power to fight corruption and unethical behavior also looked the other way.
Where was the City Attorney? The State’s Attorney? The SOS? The Attorney General? The County Auditor(s)? The School District’s Super and Board and many more in City Government, including councilors, who dropped the ball.
And the media hid under a rock while they battled who can get a couple grand from the city a year for legals.
So why did the media help the school district and the city cover this up? Because by saying nothing, you are a part of the problem. You can’t blow your horn every year during Sunshine Week then hide when you see corruption and say nothing. Open government is a 24/7 thingy, not just when it is convenient for you to transcribe a press release.
I don’t think it was a conspiracy at all by the media, just plain old laziness.
Reimbursed or paid expenses from a third party to the city may be accepted if ALL of the following requirements are met:
1. The event is related to the official duties of the officer or city’s legislative or policy making role (Consistent with City Council Travel Policy)
2. The event organizer is not a person, entity, or business who seeks or does business with the city or conducts activities regulated by the city or is a political party (nonprofits and other governmental units are NOT prohibited sources)
3. All expenses are paid for or reimbursed by the event organizer (not a sponsor of the event)
4. The event is a widely attended gathering and the agenda and any paid or reimbursed expenses are a matter of public record
I Still think it is dangerous territory to allow partisan groups to fund trips.
Ethics Ordinance Update by Greg Neitzert, Council Member
Like I said, I have no idea what he is proposing, but with his impeachment over a paid for partisan trip to Texas with Mayor TenHaken and his then Deputy COS, TJ Nelson, one has to wonder if they are re-writing the ordinance to make the sins of the past go away, which would allow partisan political groups to pay for trips of local elected officials.
If this is the proposal, I think it is dangerous territory. While I maintain that not only was Councilor Neitzert guilty of ethics violations, so was the mayor and Nelson. Partisan groups, left, right or center, should not be able to buy influence.
And while the recreation trail ordinances have languished for 5 years, this apparently is top priority . . . saving their own asses!
There has been a lot of talk about the upcoming election. One of the topics is Mayor TenHaken’s participation in the Anti IM 27 campaign and if it is it is legal. I have been warning people for years that PTH’s former job was being a political partisan marketing hack, and little has changed. He continues to ignore the ethics of being a politician while setting precedents when unchallenged. Paul not only is betting the farm on his input to the opponents but I also think he is doing this to harvest statewide voter data for an eventual run for Governor or Senator. It makes me laugh when Paul says he hates politics and doesn’t like being a politician, but he has done it his entire professional life and now is using PAC money from a PAC he runs to make a political stance. We will see how this plays out. I think the race is in a dead heat, but if Paul is successful in getting his SF mayoral supporters in line with his feelings on MJ he will set another precedent right in front of our faces. Even if IM 27 passes and foils his ambitions (he will still have secured the voter data), I still encourage members of the IM 27 campaign to file ethics violations against him for his political stunt as a sitting (lying) mayor.
Even if the Wholestone Slaughterhouse ordinance fails or passes (I think it will get between 70-80%) it will ultimately be decided in a court of law and NOT by voters. Why is this? For the same reason I voted NO. It is a poorly written measure that doesn’t address property rights and current zoning. Liking the concept or not doesn’t matter here, it is about law and city ordinances, and since the city council didn’t have the courage to do something about this in January here we are. Thousands of disenfranchised voters and a very nervous judge.
Speaking of the ordinance, council chair, Curt Soehl, decided it was a good idea to write a letter to the editor in support of the NO vote. I was told the entire council was advised to publicly keep quiet about the ordinance until after the election, Soehl obviously ignored them. Funny how this guy likes to tell councilors how to conduct themselves during meetings but does whatever he wants to on the side. Not just an authoritarian, but a hypocrite.
Neitzert called the proposal to spend more at the events center complex a “sunk-cost fallacy,” and unless the plan includes overhauling the entire neighborhood and creating a walkable road network, he doesn’t anticipate much success.
“We’ve been proven wrong twice,” he said. “It’s just a tough area. It just is.”
Maybe Greg learned something from his Bunker Ramp vote. The 3rd time isn’t always a charm.
Speaking of Greg, last night with the support of the mayor at the council meeting found ways to limit video lottery at a handful of casinos but did argue that it will take some stronger ordinance changes in the near future to affect change. I can guarantee lobbyists for the VL industry in SD are already nagging lawmakers to make changes to state law so they can have these mega casinos that hand out free beer. Like Wholestone, this will also be decided by a court, and also like Wholestone the City Council acted too little and too late. The city council should have been working on this for the past two decades.
A few weeks ago I addressed the city council about having a $5 dollar bond payment ticket fee at the Denty to help pay down the mortgage. This week they turned around and gave a ticket fee to the general fund of the Sports Authority for ‘Marketing’ with NO oversight. Of course this is the same city council that continues to subsidize the operations of the Pavilion while spending millions on building repairs while the Pavilion sits on a $5 million dollar savings fund. Yet some how the city may have to scrounge the money together for an additional warming shelter this winter.
The screenshot below is from the last Audit Committee meeting Councilor Jensen chaired. It was so nice of the taxpayers of Sioux Falls to fund City of Sioux Falls logo wear for councilors (instead of a simple $10 lapel nametag magnet) so that when they actually show up to a live streamed public meeting they could be promoting their Dr. Oz and Alex Jones vitamins. #justrolledoutofbed
When Sioux Falls Mayor Paul TenHaken attended a news conference and shared his concern about recreational marijuana on Oct. 26, it caught Melissa Mentele’s attention. She was sponsor of the successful 2020 ballot measure which legalized medical marijuana in the state. Mentele herself held a news conference on Tuesday in Sioux Falls; she wants to know if TenHaken broke state codified law, which says that the state or a state agency can’t spend public money to influence the success or failure of a ballot question.
Technically you could say he violated state law; he used a public facility funded by the taxpayers of Sioux Falls and Minnehaha County and he did it while he was on the clock. He also did not share FACTUAL information.
As for any 1st Amendment violations, I agree with TenHaken;
TenHaken sent KELOLAND News via text message: “Fortunately as an elected leader I don’t have to forfeit my First Amendment rights to say IM27 is terrible public policy and people should vote no.”
He is very much correct that elected officials don’t give up their 1st Amendment rights after taking office, but, this is NOT about constitutional or state law, this is about ethics.
As an elected official who may have to rule/vote on proposed law in the future, it is very unethical and conflicting to take a position on a ballot measure before it has been voted on. What makes it even more complicated is using money from a personal PAC to fund an opposition campaign, BTW, a campaign littered with lies and false information.
This should be questioned, but not on the basis of law, but on ethics.
“Laws without morals are in vain.” – Benjamin Franklin
Mayor TenHaken currently is the chair of the FCC Intergovernmental Advisory Committee, as a committee member they have to follow certain rules and guidelines in that position. According to the FCC they are only allowed to provide opinions to the FCC Commission. I was unable to find the specific rule that prohibits committee members from making accusations or pronouncements about other fellow lawmakers, like a city councilor he serves with, but I do know that Federal boards have to meet a much higher bar when it comes to conduct. I would think if Councilor Brekke made an inquiry to the FCC about his accusations they would look into the rules he must follow as a committee member.
Here is the video of Brekke’s press conference. I like how she compared Paul to a singer of a rock band and the council is the musicians in the band;
l3wis 