Open Government

The City Council giveth and the City Council taketh away

Yes, that is councilor Spellerberg and his hot wings show

So in between eating hot wings and hiding from ethical disclosures the Sioux Falls city council decided they were going to fix our transparency problem at committee and board meetings by making more rules instead of less;

(g) Public input shall be received at each City Council budget hearing and at all informational,
committee, task force, joint, and working session meetings that are open to the public. Each
meeting agenda shall include an item labeled “Public Input.” Each speaker shall be permitted to
speak for up to three (3) minutes. A minimum of fifteen (15) minutes shall be allotted for public
input at each meeting. If additional speakers are present and time permits, the public input period
may be extended at the discretion of the City Council Chair or the City Council. All provisions of
this section shall apply to City Council budget hearings and to all informational, committee, task
force, joint, and working session meetings, except to the extent such provisions conflict with this
subsection

So in other words, a violation of FREE speech rights. While a body CAN limit the time a speaker has, it really can’t put a time limit on the amount of speakers. If 20 constituents show up to talk about the same agenda item, you have to listen to them and afford them their free speech rights.

Each agenda will include a time for public input at the start of the meeting. Prior to the start of public input, the presiding officer will announce that public input can be provided on any agenda items and any other topics of interest to the person addressing the city agency, authority, board, committee, or commission. Notwithstanding the previous sentence, if public input is permitted on each agenda item, the city agency, authority, board, committee, or commission is not required to receive public input during an initial public input period and may instead receive general public comment at the conclusion of the meeting.

This is also a violation of the 1st Amendment. If public input time is afforded in the meeting, a constituent can talk about anything that occurred in that meeting, even previous agenda items. This is a ridiculous rule they continue to push, but it is unconstitutional and you don’t have to follow it if they threaten you in a meeting. I just simply say, ‘You are violating my 1st Amendment rights.’ and that usually gets them to shut up.

As you can see, they are making all these changes without consulting with the public. I have said the smartest thing they could do was create a committee by resolution to make transparency recommendations to the council after having several public meetings on the topic. When you make supposed ‘civic engagement’ recommendations, you should engage the public.

Speaking of transparency, look at how many FOIA requests the city has rejected. Also, you must make your requests thru the SFPD. This is incorrect, all FOIA requests should be emailed to the mayor, since he is the top city administrator. I also suggest you CC the city attorney and city clerk.

If we want transparency in city government we are going to have to get it done ourselves. Once we get closer to the city election and I have a better understanding of who will serve on the next council, I will be urging them to put together an open government task force compiled of residents, city employees and city councilors and kick this closed government in the fanny once and for all.

I will also urge the next mayor to hire a director level public information officer to manage open government.

Data Center Petitions Due

Let Sioux Falls Vote will be collecting circulator sheets starting tomorrow with a deadline of Thursday to turn in the petitions. I have no idea how many sigs they have, because they decided to collect signatures in what I call the ‘chaos’ style. Now, this is NOT bad, just chaotic because you are depending on hundreds of volunteers (not paid circulators) to collect the sigs for you and you come in at the end with the booty. If I had to guess, they have the sigs, maybe more, but there is NO way of knowing until Thursday. All that aside, even if they don’t make the mark, this petition drive has united many folks across the political landscape. Dems, Repubs, Indies and all stripes are working together on this. With all the horrible political division going on in this country, it makes me smile that EVERYONE in the community is working on this together, and it is what I envisioned anyway; CITIZENS UNITED AGAINST A CORRUPT CITY GOVERNMENT And even if they get the valid sigs, the city and developer will likely challenge in court; language, active voters, etc. It will be a sh!t show. But let’s pretend for a moment this makes it to the June ballot, the rezone will go down 70/30. And even if the petition drive isn’t successful, it will reveal the true colors of our city government, and that sends the best message.

I also want people to know Sam Scarlata who is organizing the petition drive is also running for At-Large City Council against the incumbent Rich Merkouris. We may not be able to kill the Data Center, but we can kill his council seat! I want Sam to know, there is a grassroots network in this town that will destroy the Matt Paulson money machine, we are going to change city hall in June, and I mean it this time 🙂

Speaking of the Developer Welfare Queens, I was awaiting Jodi’s article defending the grifter class in Sioux Falls with all the Data Center resistance;

Rapid City voters last week made a clear statement about the guardrails they believe should exist around tax increment financing. Without delving too deep, Rapid City also historically has used tax increment financing to fund growth in ways that fundamentally are different from Sioux Falls.

Sioux Falls generally has taken what I would call a conservative approach with structuring TIFs, focusing on some of the most basic qualifying costs allowed under state law: things like site preparation, infrastructure and parking. I can point to numerous downtown redevelopment projects that would not exist at the scale they do or exist at all without this economic development tool. They have done what they were intended to do: driven additional economic activity well beyond the increment in property tax growth they were able to use to support their projects.

This statement is on it’s head. Rapid City has actually used TIFs more, but for smaller infrastructure and housing projects, that is why the Libertyland TIF was so ridiculous to RC voters. Sioux Falls has NOT used them CONSERVATIVELY. Massive tax breaks for parking ramps ($100 MILLION) that mostly residents of the expensive condos use, which drive up our personal property taxes and forces residents across the state to fund our school district with sales tax revenue. In other words when the SF city council gives a TIF (property tax break) the school district has to make up that property tax revenue from state sales tax collection. So when you buy a loaf of bread in Milbank you are funding the tax cut for millionaire condos in Sioux Falls. I know, not fair. At all.

Economic development incentives aren’t giveaways. They’re more like investments.

I would agree 100%. When we use tax dollars to fight a fire, build a road or give us clean drinking water, that is an INVESTMENT, in EVERYONE. When we give that to rich developers that just creates a wealth gap and raises taxes on the rest of us. If anything it is a DI-VESTMENT in our citizens.

Every time I hear a journalist or some other talking head talk about the benefits of TIFs, I ask the same question, ‘What is the benefit to the average tax payer?’ I usually get crickets and the reason there has never been an independent state or city audit of TIFs is because there is NO benefit, and they know it. TIFs are really the emperor with no clothes.

If TIFs really work, why not an audit?

I hope Jodi had a nice dinner from the revenue she made from this article, because you are the only one benefiting from TIFs. Just sayin.’

Transparency Changes with the Sioux Falls City Council

At the informational next Tuesday the council will be discussing;

City Committee and Boards Update by Councilors Miranda Basye and Rich Merkouris

Of course there are NO links to the agenda item, so we have no clue what this is about before the meeting (I’ve told the council for years when the informational meeting posts on Friday all attached documents for agenda items should be there, it’s a good transparency thing. The docs usually don’t post until an hour before the meeting or right when the meeting starts).

I’m assuming they are going to announce that ALL public meetings will be posted to the main agenda page, which I notice they have been doing now for about 2 weeks. This is just another thing I told them about a few years ago that they dragged their feet on. The council shouldn’t even be involved with this, this is something staff should have been doing for years, AND, it is how it used to be, but after the city spent a million dollars transforming the city website into a maze of information that all changed. So if this is what this meeting is about, good for you, but it’s way past due. Like I said, Transparency 101.

While I should be happy the council is finally doing something, I am uncomfortable with the 3 (hopefully 4) outgoing councilors making policy decisions on transparency and open government without a new set of eyes weighing in. I think this would be a great initiative for the next mayor and council to work on together. This is just a last ditch attempt as they are walking out the door to make it look like they did something the last 4 years. Too little, too late. It’s like open government in Sioux Falls is an afterthought to them and it shows.

I have tons of open government ideas, but they are going to have to wait until July, because I don’t have much confidence in our current ‘shadow’ council who are doing this to get brownie points. Why is everyone in government these days act like 3rd Graders? Because they are.

Let’s work on Transparency, Survey Says?

Yeah, I know, you can’t make this crap up (Item #7);

It appears the city council is hiring the same company (Polco) who did the National Community Survey to do a survey about government engagement. Council was already told what they need to work on;

For the record, this may be just a back payment for the survey and other consulting work, but that is usually paid in advance, so it appears they are doing another survey to figure out why the first survey turned out so bad. This is insanity. You need to have a public forum at the convention center and have constituents present their open government ideas to your FACE! You are so scared of the general public you have to blow $30K on another survey so you don’t have to interact with the public. Do you even have an inkling on how open government works? Apparently not.

I wonder if the comments will be deleted from this survey also?

You also ONLY have a month to put OPEN GOVERNMENT transparency on the June ballot. That would be my suggestion, let the voters decide how transparent their government needs to be by putting a package of open government ordinances on the general ballot. But that would have taken planning and having public forums on it starting this past summer. They were to busy trying to build a fence around Dudley.

Oh, and I find it funny the city is spending $500K on the Pavilion’s garage, and subsidizes the Lodge restaurant at the ice ribbon to the tune of $300K a year (also ran by the Pavilion). Did you also know the Pavilion offers NO free programming. Zilch! The art museum WAS free, but Mr. Greedy who runs the Pavilion broke that promise and started charging us. IMO, the subsidies to the Pavilion need to end since there is ZERO public benefit without purchasing a ticket. And even though it is a city owned building, upgrades and maintenance should be paid for by the Pavilion, and there should be a lease agreement.

But we need to cut other subsidies;

I would agree with the city that a review of services needed to be conducted with NGO’s receiving city funds, but why weren’t we doing this all along? Oh that’s right, because our elected leaders and city management are incompetent. I also think the city should do zero based budgeting. In other words, the city should start each department with $0 at the beginning of the budgeting process and justify their budget and expenditures. Right now, they just tack a percentage onto last year’s budget and march forward. It is lazy and it costs taxpayers probably over $100 million a year+ in unneeded expenditures and budgeting. We have a full-time finance department, they should be working on this all year long and getting rid of waste!

I agree with Mike Z, that the city council needs to do a full investigation and forensic audit of every single city department if they really want to get unnecessary spending under control.

I’m sure they’ll take another survey before making that decision though.

I have been telling council this stuff for over a decade

Transparency isn’t hard, but for someone who has been fighting city hall on this since the Munson days, it gets exhausting trying to inform every new councilor and mayor the benefits of open government. I guess it took a Gawd Awful survey to get the council to wake up. I found it ironic they are going to announce their plans on January 27th, you know, to tell us about their transparency objectives that they have been having secret meetings about and NOT involving the public 🙂 Just when you think they have it figured out . . .

At least they are ‘attempting’ to do something, but like most things with this council, Smoke & Mirrors. I’m so fed up with this current dais I hope all the incumbents lose in June and the new councilors and mayor walk in on the first day with boots on.