The 1st Amendment and the Sioux Falls City Council
It seems I am spending a lot of time these days talking about the role of the council and the 1st Amendment. The thing that always puzzles me is that the 1st Amendment is NOT complicated, but folks struggle with it.
So today HB Bill 1050 got killed, by a ONE VOTE in taxation committee. Several folks were instrumental in killing this bill. It would have pretty much put a $450M tax debt on the citizens of Sioux Falls if passed. I posted Greg Neitzert’s written testimony after the hearing. I truly believe that testimony changed minds, and Cathy B’s telephone testimony cinched the deal. I also emailed the committee suggesting amendments and solutions (I think it would be good for small towns, but NOT SF.)
After this I assumed city hall was reeling, trying to figure out their next steps (I will post later about the future of the Riverline District).
But things got really interesting.
I’m going to leave the constituent’s name out of this for privacy reasons, and the city councilor, because I think it applies to the ENTIRE council.
Their is a constituent that emails the mayor and the council quite a bit, he is very involved in local politics, and I don’t always agree, but he always CC’s me in the emails so I am a media witness (I think I told him to do this). I have several concerned citizens that CC me when sending emails to the city council and I encourage you to CC me, witnesses are important.
I sometimes do a reply all to their emails if I feel something needs to be clarified or piled onto.
After I posted Former Sioux Falls City Councilor Greg Neitzert’s* submitted written testimony to the taxation committee on the blog this constituent emailed the council with Greg’s testimony and a brief statement about his work. This person called the council ‘CORRUPT’ three times, but in fair context and NOT harassment. Then he said that Greg has ‘LARGE BALLS’. Trust me, I spit out my coffee when I read that, but it’s NOT a threat or harassment. In fact, Neitzert saw the email and thot it was funny. So a newly elected city councilor wasn’t having it and reported the email to Human Resources as harassment. HOGWASH! Not only is this constituent completely harmless they wouldn’t hurt a soul, but that doesn’t matter. This NEW councilor seems to think that he is a city employee and has the same protections, he does not, YOU ARE ELECTED and must follow the constraints of the 1st Amendment and the US Constitution. Now if such an email was sent to an unelected city employee, that would be an issue. So the city’s HR department warned this constituent if they send anymore ‘Harassing Emails’ they will be blocked. First off, they don’t have that authority because this person is NOT a city employee, secondly, sending an email about concerns is NOT threatening. It often puzzles me that they put their hand on a bible and swear an oath to the Constitution but have no idea what is in the document. If you can’t handle the heat in the Carnegie Kitchen may I suggest resignation. Nobody will miss yah. The irony of all this is this councilor was in a similar situation at a former employer. Kettle meet Black.
*Full disclosure, I worked on Greg’s first term campaign coordinating his messaging, graphic design, marketing and direct mail, it was one of the most successful campaigns I was involved with, we kicked ass and took names!