Open Government

Sioux Falls City Councilor ‘Pat Starr Show’ wins the day

I had to chuckle about how councilor Starr successfully fought the mayor tonight about extending public input about the mask mandate, then when Pat spoke later after public input the crowd that he fought for to speak heckled him. Wow.

I often have to remind my friends, my enemies, local elected officials, relatives and others that the 1st Amendment is number one for a reason, freedom of speech is the only thing you should be concerned about. Everything else is moot.

BTW, the mask mandate failed because it was a tie and Mayor TenHaken voted it down, because he lacks leadership. Shocker.

Also, councilor Selberg made fun of Starr for taking on the mayor calling it the ‘Pat Starr Show’.

While Selberg may have invented the ‘Siouxper Hero’ award, he certainly earned the ‘Siouxper jerk Councilor’ award tonight.

Is KELO News writing parodies now?

When I have written parodies in the past, I have been warned by friends to be careful how I label them so people know for sure that it is a parody. I didn’t find a disclaimer on their latest article;

For dealing with such unprecedented problems all at once, Mayor Paul TenHaken is KELO.com News’ “Person of the Year for 2020.”

Boy, nothing like a good laugh right away in the morning. I am curious who with the news team at KELO decided this was a good choice (names please) and who were Paul’s competitors? Not sure, but they tell us why he was named (by unnamed folks) beating out (unnamed) competitors;

Sioux Falls mayors had faced civil unrest before. Sioux Falls mayors had faced great economic uncertainty. And Sioux Falls mayors had faced a pandemic. But none of them faced all three difficult situations at the same time in the same year. Under his watch, Mayor TenHaken navigated the city through the politics of the coronavirus, which also caused a bump in the city’s usually robust economy. And he had to quell a property damaging riot that sprang from a peaceful rally in response to the murder of George Floyd in Minneapolis.

First, I will state the obvious, you know I would not agree, but secondly, It kind of sounds like issues he should be dealing with as part of a job HE wanted. Notice they never mention the several times he said he was ‘sick of it’ and ‘didn’t sign up this’. Strangely they left that out of their nomination.

But let’s break down what they said;

• Economy. I may sound old fashioned but the mayor’s job, per the charter, is to be the City Manager. He basically runs the day to day operations of the city and manages the city employees. That’s all he does (or should I say his Chief of Staff). He has very little control over the overall private economy of the city. Mind you, he could have had a major impact, he could have found an early strategy to make sure places like the packing plant and nursing homes were operating safely. He did not, which brings us to the next item.

• Covid. Sure, Paul has taken some measures over the past couple of months with pressure from business owners, citizens, medical professionals and the city council but it was too late. For the first 6-7 months this was raging in Sioux Falls he hid under his desk and took the Noem/Trump view of the virus, if we just ignore it, it will go away. While he has lead better then Noem, that leadership surely wasn’t trophy worthy.

• Civil unrest. During the riot(?) at the mall (where some middle schoolers were throwing rocks) Paul was in a bunker somewhere in a city building watching it play out on a large screen TV. While I am glad that this incident did not result in massive property damage and injuries or death, I’m not sure having the National Guard on your speed dial makes you a champion of quelling civil unrest. I was in the march earlier in the day, and later watched livestreamed on FB. It was peaceful, all over town. The lights went down and some latch key kids got bored and made a rather peaceful protest look bad. If anyone should be commended it should be the people who stood in front of the officers to protect them from rocks.

Has Paul done some good things? Sure, his administration has pushed for treating the city employees better (part of his job) and he has been a big public advocate for mentorship and health and wellbeing. But I’m sure the above mentioned stuff was a bit of a stretch.

The thing that concerns me the most about Paul and his supposed leadership is his blatant disregard for open and transparent government and his efforts in the dark rooms at city hall to totally dismantle what little is left. Is it some kind of a sick joke that the media would pick someone for this honor that HATES open government? I’m not laughing anymore.

Mayor TenHaken wants to make Sioux Falls inclusive? How about making it transparent?

One of the definitions of inclusive is; including a great deal, or encompassing everything concerned.

The best way to build an inclusive community is getting that community involved with local government and the best way to do that is by letting the sunshine in.

Prophet Stoneless seems to be living in some fantasy world if he thinks he can continue his hatefest towards open and transparent government while building an inclusive community. They are counter productive to each other. Either he doesn’t understand how inclusivity works, is in denial, or is just plain ignorant.

Preach about diversity and inclusiveness all you want, it just won’t work in a closed government arena.

Mayor TenHaken’s tie breaking votes last night put a light on his extreme hypocrisy

I’ve always known that Paul is a gigantic hypocrite, he consistently talks out of both sides of his mouth on issues. Last night was no different. He told us he would vote against a mask mandate because he feels people should have personal freedoms but in his second tie breaking vote of the night he took the public’s right to be heard before the regular city business by putting public input at the end. So much for our personal rights and freedoms? I guess he trusts we will wear masks, but he can’t trust us when we open our mouths.

Maybe a mask mandate during public input would be good 🙂

Councilor Brekke said it best, the mayor is moving public input to the end for the simple reason that he is tired of being embarrassed about not doing anything about not only Covid, but crime, homelessness, prostitution and zoning. He has to be one of the laziest Sioux Falls Mayors I have ever seen. Unless of course he is putting up ugly 5G towers and sending $250K through the CVB to his former(?) ad agency. You know, it would easier to control the spread if you weren’t busy filling your friends pockets with tax money to promote covid tourism here . . . just saying. One has to also wonder if Paul still has a stake in his former company? While on paper he could have sold his interest, you wonder if he is still receiving mortgage payments for that interest he sold . . . ? But that is a discussion for us conspiracy theorists, I guess 🙂

I could argue it is because Paul is not suited to be a leader, unlike the Biblical leader he was named for;

According to the New Testament book Acts of the Apostles (often simply called Acts), Paul participated in the persecution of the “embryonic Christian movement,”

You could almost argue he is more concerned about what the bible says instead of what the US Constitution has granted us, or that he knows very little about the city charter, non-partisan government or that he just isn’t that smart. All of the above I guess.

The irony is by sending public input to the end, he is setting himself up for some serious 1st Amendment litigation, he is also going to find out how much worse the statements at the end will be after the public has to sit there for a couple of hours listening to their misguided actions.

I guess one of my biggest arguments against moving public input has to do with the long negotiation that 7 of these councilors were a part of two years ago. This was the compromise, we keep it at the beginning, but you only get 3 minutes each and 30 minutes total. While I disagreed at the time, at least it stayed at the beginning. There have been a handful of us, including myself, that come quite often to chew butt, many come for other important community concerns. But it doesn’t matter. The 1st Amendment says nothing about which topics can be discussed. Roberts Rules asks for decorum, but says nothing about ripping the council and mayor a new one when they screw up, as long as we don’t break things, cuss a lot or climb over the I.L Weiderman memorial toddler fence. I can’t imagine what I.L is thinking right now from his heavenly stoop.

It seems just like our sore loser president (and yes, he did lose) Mayor Stoneless doesn’t like it when he is told he isn’t doing his job (first goal, show up and put in an 8 hour day) which I shed no tears for. You can tell he is consistently frustrated when citizens tell him where he needs to improve. He constantly grunts, snorts and sighs into his microphone when people testify. Please shut your hissy fit mic off during the meeting, it’s annoying and you sound like a big fat spoiled brat baby piglet. Oink, Oink. I have never met a piglet that wears Converse All Stars.

As for the media covering this, you get a big fat zero. There was two readings on this topic the lame stream media in Sioux Falls decided not to cover until after the vote at around 11:30 PM on a Tuesday night. Because, as I suggested, they wanted it moved. Why inform the public in advance?

Public input has been moved and our local city government will never be the same. It was a sad day yesterday in Sioux Falls for open government and it seems no one cares.

Danielson notifies Sioux Falls Mayor TenHaken and City Council of possible Open Meeting Violations

This was emailed to the city council and mayor yesterday;

To the Sioux Falls Council and Mayor Paul TenHaken:

To make sure each of you has been informed of my actions on Friday, November 6th, 2020, I am making a special note to inform you I had served on the city of Sioux Falls and the City Council a SDCL 3-21 Notice of Claim concerning the city violating SDCL 1-27-1.16. Material relating to open meeting agenda item to be available–Exceptions–Violation as misdemeanor. 

The action of voting on the three issues was illegal and the possible actions of voting to move the items forward are teetering on a violation of 1-27-1.16. The body was warned 3 separate times by me to produce the missing proposed ordinances. None of you recessed the meeting or had your staff go to a copy machine and print the items. Once again this is a flagrant violation of long standing South Dakota Open Meeting laws and custom.

Posting the items on the overhead screen is not the same as following the simple law requiring the items to be printed on paper and placed on the table for the audience to pick up and review.

The SDCL 3-21 notice I have filed was necessary to inform the city of harm they have caused. In this case, the harm to me as a citizen who wanted the information produced on paper, in the room and the law requires it to be done without the public begging for a copy. It does not matter if the items were finally posted on the website, the law clearly required the materials be in the room for the public to review.

Do you realize over the past few years, we audience members continue to receive less meeting documents or notice? We are tired of it. There are other violations we have pointed out in the recent past, such as when pointed out a violation to the Waste Management Board recently, causing the meeting to be postponed until proper legal notice was adhered to. The Board did the right thing, why can’t the City Council? The Board of Ethics did not properly publish and adopt their agenda recently when the Public Input was not placed on the agenda.

My efforts issuing warnings to the City Council last Tuesday were my attempts to prevent a violation or three.

Why do we not consistently get ALL the agenda discussion items such as zoning changes? The Clerk has placed the meeting notebook on the table but it is incomplete.

I will be preparing a complaint for the South Dakota Open Meetings Committee for the flagrant violations the City Council. I am considering adding a few others. Right now there are violations I will likely be filing as part of last week’s meeting and have decided I shall wait to complete the process once I know if there are more violations to add from the Tuesday, November 10th, 2020 meeting.

The actions taken last Tuesday are illegal because they violated SDCL 1-27-1.16. If the City Council continues with the 2nd reading this coming Tuesday and casts any votes on the illegally passed items, the votes cast will likely be null and void. 

ORDINANCE SECOND READINGS

12. 2nd Reading: AN EMERGENCY ORDINANCE OF THE CITY OF SIOUX FALLS, SD, TO REQUIRE FACE COVERING IN AN INDOOR PUBLIC PLACE WHERE 6-FOOT SOCIAL DISTANCING CANNOT BE ACHIEVED.

Sponsors: Council Members Soehl and Kiley

13. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL; SECTION 30.001 COUNCIL MEETINGS.

Sponsors: Council Members Jensen and Erickson

14. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 30: CITY COUNCIL, SUBCHAPTER: ORGANIZATION AND PROCEDURE, SECTION 30.013, ORDER OF BUSINESS AND SECTION 30.015 ADDRESSING THE CITY COUNCIL; TIME LIMIT.

Sponsor: Mayor

Each of you are personally invested in the three items above, I may or may not have an opinion on them, it does not matter. What matters is the legality of moving them forward when you know they are not legally processed. Moving them forward is up to each of you.

The body is not permitted to knowingly vote on and cannot pass into law, an item brought before the body through illegal process.

Bruce Danielson