08/28/2019 A Voice From the Gallery

Every time we turn our heads the other way when we see the law flouted,

when we tolerate what we know to be wrong,

when we close our eyes and ears to the corrupt because we are too busy or too frightened,

when we fail to speak up and speak out,

we strike a blow against freedom, decency and justice.

Robert F. Kennedy

Folks, I filed a complaint as soon as I became aware of violation of election with regard to the April 9, 2019, mayoral election. I attach a copy of my complaint for your reading. This complaint was filed with the Union County State’s Attorney Jerry Miller as suggested by the South Dakota Secretary of State Office when I started digging for information. I also submitted copies of my complaint to the South Dakota Secretary of State and Margaret Gillespie, South Dakota Board of Elections.

According the South Dakota Statute:

9-13-24.   Return and canvass of votes. The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.

12-1-3.3 “Election officials,” state and local officials charged with the duty of conducting elections and the canvass of returns;

12-1-3.9 “Person in charge of an election,” or “person charged with the conduct of an election,” the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;

12-20-21.   Return of ballot boxes, returns, records and supplies to officer in charge–Tampering prohibited–Violation as felony. The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.

These are just a few of South Dakota Statute covering elections and the person in charge of elections. For the municipality of Alcester, a class 2 municipality defined as: Second Class: Those with populations between 500 and 5,000″. So our class 2 municipality has the Appointed Finance Officer as election official in charge of the election.

Alcester City Finance Officer Jurrens, during the April 15, 2019, canvass meeting, handed over the key to the ballot box, allowed the ballot box to be opened-in fact assisted in opening the ballot box and the voted ballots to be handled by the Alcester City Council as you can see in the video taken that evening. Illegal!

The council relied on Alcester City Finance Officer Jurrens to know what she was supposed to be doing. In fact Alcester FO Jurrens has attended seminars with the South Dakota Municipal League and received educational election materials from the South Dakota Secretary of State on conducting legal elections.

Add to the fact that Alcester City Finance Officer Jurrens knew she was in violation but the Alcester City Attorney Sam Nelson was present, who sat by and watched the whole scenario and did not say a word! You can see him seated at the council table on which the ballot box was sitting upon in the video.  video link  https://bit.ly/2YmBsrc

SDML 2019 Municipal Elections Handbook, Section 5, Chapter 5 After the Election-5.000 Official Canvass under

#1…DO NOT TAKE THE BALLOT BOX TO CANVASS AS THE GOVERNING BODY DOES NOT HAVE THE AUTHORITY TO RECOUNT BALLOTS…”

It is my understanding that Jerry Miller WAS going to charge Alcester City Finance Officer Pat Jurrens with Malfeasance. According to Black’s Law Dictionary,

MALFEASANCE is

The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from “mis- feasance” and “non-feasance,” (which titles see.) See 1 Chit. Pr. 9; 1 Chit. PI. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327, 00 L. R. A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse- lyn, 3 Gray (Mass.) 311, 63 Am. Dec. 741.

I AM COMPLAINING NOW!

I call for a new election because the illegal opening of the ballot box and the illegal handling of the voted ballots may have compromised the election and put the vote into question.

As a result of Alcester Finance Office Patricia Jurrens failure to abide by her oath of office, her incompetence and failure of duty be fined for the cost of a new election and fined a minimum of $4880.00 in punitive costs.

AND

I call for the termination of Patricia Jurrens as Alcester Finance Officer.

08/21/2019 A Voice From the Gallery

FOR SHAME!

Yesterday you could view Alcester (Canton, Wagner, Elk Point and Salem but no longer works for Beresford or Geddes) Code Enforcement Officer Geoff Fillingsness in operation.

This alleged Code Enforcement Officer did not know the name of the judge who signed the quasi-administrative inspection warrant (had to call, in fact referred to the judge as he), admitted there was no date, no date to determine the enforcement stale date of the quasi-administrative inspection warrant and in essence this ‘code enforcement officer’ had no background in which to determine the administrative inspection warrant was indeed legal.  In fact for all he knew,  Alcester City Finance Officer Patricia Jurrens went out on Pinterest as alcestercityfo.com and dug up copyright free administrative inspection warrants, copied it, and scribbled a pseudo signature.  But by-golly Alcester Code Enforcement Officer Geoff Fillingsness was, “DARNED WELL GETTING INTO THAT HOME TO TAKE PICTURES TO TAKE BACK TO THE JUDGE (whoever that was) and BY GOLLY HE, MAYOR GLAS AND FO-JURRENS WERE GOING TO CLEAN OUT THAT FAMILY HOME!”

(Even to the point of taking the home away?)  Really?

This Code Enforcement Officer could not acknowledge a complaint I made and signed my name to.  It appears he was to busy persecuting the former Alcester Finance Officer at Mayor Glas’ request to force his way into Mr. Kezar’s home than to take action on the curb vandalization on Anderson Drive.  Mayor Glas and Finance Officer Pat Jurrens fell all over themselves to protect Randy Roo and themselves for violation Alcester Ordinance.  (See the complaint below which outlines the violations to Alcester City Code.)  Oh and I hear tell Alcester City Councilman Lance Johnson is already whizzing and moaning he has to change his trailer garage plans.  Would you want to spend over $100K to look out-of-your window and see some cheap-ashamed trailer?  He will be violating city code.  In fact he doesn’t even have standing that the trailer property abuts his primary residence, ’cause that is across Anderson street.  Folks even the city council cannot change that many ordinances to benefit a sitting city councilman.  In fact he still should be worried about pulling up signs!

The city needs the website up and functional.  The city website needs to have a full, complete copy of all ordinances we are expected to obey!

 

 

Call Mayor Glas 605-934-2188, call your ward councilmembers and let them know.  If you do not take action, Code Enforcement Officer Geoff Fillingsness could appear on your door step with a monopoly game warrant and camera in hand to force his way into your home ’cause FO Pat Jurrens doesn’t see a pallet sitting outside leaning against the door or your Christmas lights cord is frayed.  Let ’em know how you feel!  Let them know collecting is not against the law, let them know a man’s castle is inviolate to Pat Jurrens’ and Tom Glas’ peculiar personal tastes!

08/19/2019 A Voice From the Gallery

I have been traveling and missed the August 5, 2019, city council meeting.  It sounded interesting.

I do however have a report or two on the Alcester City Code Enforcement Officer Geoff Fillingsness’ fishing trip to the Kezars.  On or around August 8, 2019, Code Enforcement Officer Geoff Fillingsness contacted the Kezars to let them know he was coming on August 9th at 9:00 a.m. to ‘inspect’ their home for Code violations, there had been complaints.  Really?  Ole FO Snoopy Nose?  Code Enforcement Officer Fillingsness warned the Kezars he had a warrant and expected to go into their home to take pictures.

REALLY! 

I was there to video-tape the fishing expedition.   Upon Code Enforcement Officer Fillingsness arrival just a few minutes before 9:00 a.m., I started filming.  Code Enforcer Fillingsness made it all the way to the door and when asked to present a valid warrant, he had to hussle back to his car to find the document.  What did he think?  That he was just going to walz into the home without question?  He presented a quasi-warrant to the home owners.  I say quasi because the document had no date, lacked the judge’s name, lacked a readable signature and carried no file number.  It lacked the affidavit of the complainant giving the judge the justification for signing an administrative inspection warrant, just plain lacking legal status in my book and smacked of FO Jurrens ‘aptitude’ for legal document incompetence.

Code Enforcer Fillingsness was told no he could not enter the home.  Code Enforcer Fillingsness wandered around the outside property, poked his Pinocchio nose into the garage, took pictures of windows and upon failing to gain admittance into the house he left with the verbal threat of, “…I am going to have to report this…”

Code Enforcement Officer Geoff Fillingsness returned on August 19, 2019, and was allowed into the home under duress and protest.  Pay special attention to the conversation regarding the file number, the name of the judge, the lack of date and time to object to the findings.

This can happen to any of us who collect.  It is moronic for FO Jurrens and Mayor Glas to whiz and moan about property maintenance and filing blind complaints on people.  Look and see what she perpetrated on the atrium in city hall and this is just a small example of what junk she shoved into the atrium.

DSC00959.JPG

In 2014 the council voted for a website, not a high priority.  About four months ago the council again voted for a website, evidently still not a high priority for FO Pat and Mayor Glas.  Could it be because they would have to publish the agendas, the minutes and the city ordinances on the website.  We would get the breakdown money dispersions for the finance office, not just a global number.  We can fix this, we just have to be willing.  Call Mayor Glas 934-2188 or your ward council person and let them know!