11/27/2019 A Voice From the Gallery

Oh, it’s cryin’ time again, an’ Alcester FO Pat is weeping
I can see by that lyin’ look she’s been scheming and
With what she told the deputies, it won’t be long before
It’s crying time again, an’ Alcester FO Pat will be weeping.”*
*(inspired by the song lyrics “Crying Time” by Buck Owens)

Definitions:

Embezzlement– “the fraudulent appropriation of property by one lawfully entrusted with its possession.   To “…embezzle” means willfully to take or convert to one’s own use, another’s money or property, of which the wrongdoer acquired possession lawfully, by reason of some office or employment of position of trust. The elements of ‘offense’ are that there must be relationship such as that of employment or agency between the owner of the money and the defendant, the money alleged to have been embezzled must have come into the possession of defendant by virtue of that relationship and there must be an intentional and fraudulent appropriation or conversion of the money. The fraudulent conversion of the property of another by one who has lawful possession of the property and who fraudulent conversion has been made punishable by statute…” According to Black’s Law Dictionary 361 (Abridged 6th ed. (Centennial Edition (1891-1991))

Conversion-“an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belong to another, to the alteration of their condition or the exclusions of the owner’s rights. Any unauthorized act which deprives an owner of his property permanently or for an indefinite time. Unauthorized and wrongful exercise of dominion and control over another’s personal property, to exclusions of or inconsistent with rights of owner.” According to Black’s Law Dictionary 231 (Abridged 6th ed. (Centennial Edition (1891-1991))

Ownership–  Ownership refers to the ultimate and exclusive rights and control over property that have been conferred by a lawful claim or title.

The reason for the definitions above and the codes which will come after is Finance Officer Patricia Jurrens has received a Summons, she has run afoul of the law AGAIN.

See Summons below.  If I remember correctly, in the Warrant of Arrest after Indictment # 63CR119-470 filed on October 2, 2019, Pat Jurrens’ bond was Conditional that she obey all federal, state and local laws and ordinances and that violation of any of these conditions may result in revocation of the bond. It appears she has failed to obey state and local law as it relates to alcohol and in my opinion embezzled from the city.

Yup Alcester Finance Officer Pat Jurrens threw a surprise birthday party for hubby. As Gomer Pyle used to say, “Surprise, Surprise, Surprise” Finance Officer Patricia Jurrens sent out Facebook Invitations as I understand it, which said BYOB.  BYOB are ya kidding?

It is against the law! The Alcester Municipal Golf Course has been granted a Retail On-Sale Liquor License. (See Below)

Now here comes the Alcester Ordinance :

4.0304  Operating Agreements

  1. Liquor licenses. All on-sale and off-sale liquor licenses within the city of Alcester shall be required to enter into operating agreements with the City of Alcester and shall be required thereunder to purchase ALL ALCOHOLIC beverages sold in such an establishment from the City off-sale establishment for resale under the operating agreement at a price of the actual wholesale cost to the City, transportation charges billed to the city and a markup of ten percent (10%) and such additional compensation or fee as may be mutually agreed upon by the parties.

4.0308    Possession of Alcoholic Beverages

Unless a special permit license shall be obtained from the City pursuant to this Chapter, it shall be unlawful to possess in any public place, street, alley, sidewalk, public park, place of amusement, or business establishment, not authorized to sell alcoholic beverages, pursuant to South Dakota law and the ordinances of the City of Alcester, any bottle whether or not containing alcoholic on which the seal has been broken and which bottle either did or does contain alcoholic beverages, or any glass, can or other container, containing alcoholic beverages.

IT SHALL BE UNLAWFUL FOR ANY ON-SALE ALCOHOL AND MALT BEVERAGE ESTABLISHMENT OF ANY EMPLOYEES, MANAGERS, OR OWNERS THEREOF TO ALLOW ANY PERSON TO LEAVE THE LICENSED PREMISES WITHIN THE CITY OF ALCESTER, WITH A CONTAINER OF ALCOHOLIC BEVERAGE IN THEIR POSSESSION EXCEPT FOR THE SALE OF UNOPENED CONTAINS OF ALCOHOL AND MALT BEVERAGES, WHERE THE LIECENSEE HAS SOLD THE SAME UNDER AN OFF-SALE LICENSE.

*IT SHALL BE UNLAWFUL FOR ANY PERSON TO CONSUME ANY ALCOHOLIC BEVERAGE UPON THE PREMISES OF A LICENSED ON-SALE DEALER IF THE ALCOHOLIC BEVERAGE WAS NOT PURCHASED FROM THE ON-SALE DEALER.

4.0313 Penalties     Any person or any licensee hereunder found to have violate this Chapter shall be subject to the following penalties,

A.  A fine not to exceed $500.00 for each day of violation of this Chapter shall constitute a separate violation as to the sale of any alcoholic beverage not purchased through the municipal off-sale licensee, each bottle or container sold shall constitute a separate offense.

B.  The City Council of the City of Alcester may be majority vote, find that this Chapter has been violated and may recommend to the South Dakota Secretary of Revenue that the license of any alcoholic beverage licensee/establishment, found to have violated said chapter may be suspended or revoked pursuant to SDCL 35-2-10 and/or that, civil penalties as provided by SDCL 35-2-10.1 be imposed.

 

It is not enough that the City of Alcester Alcoholic Beverage Ordinances have been violated by Alcester City Finance Officer Patricia Jurrens but as I understand it Alcester City Finance office employee Wanda Halvorsen was working/serving at the Alcester City Golf Course Clubhouse on October 26, 2019, at the BYOB party and in her primary finance office position should have known city ordinance, had access to city alcoholic ordinance or had access to City Attorney Sam Nelson so she too is subject to alcoholic beverage violations.

Now there will be the familiar Patricia Jurrens whine, “…I didn’t know it was a violation..”. Below please see BOTH Mayor Tom Glas’ and Finance Officer Patricia Jurrens signatures on the 2015 Lease and Operating Agreement with Deems, BOTH Mayor Tom Glas’ and Finance Officer Patricia Jurrens on the 2017 Lease and Operating Agreement with Deems and the 2019 Deem Lease and Operating Agreement was recently signed. IT IS FINANCE OFFICER JURRENS JOB TO KNOW THE TERMS AND CONDITIONS OF THOSE LICENSURE DOCUMENTS.

Now we get into what I would term the EMBEZZLEMENT side of the alcoholic goat rodeo violations. Finance Officer Patricia Jurrens brought in by invitation (BYOB) and by her own hand, alcohol not purchased through the city of Alcester which benefitted her personally because this alcohol did not include the markup amounts which cheated the City of Alcester and its residents of the 10% plus fees and etc. markup.

Finance Officer Jurrens knew full well the terms and conditions she was violating and if there was any question, she had the counsel of Alcester City Attorney Sam Nelson to rely upon. She certainly has called upon ACA Nelson’s legal opinion on past occasion.

Now folks it isn’t just Alcester Finance Officer Patricia Jurrens on the hook but Ass’t Alcester Finance Officer Wanda Halverson not to mention it would seem by my reading, violations of Alcester City Ordinance 4.0308 could be levied against each and every surprise birthday party attendee on October 26, 2019.*