Tag: Patricia Jurrens

10/03/2023 A Voice from the Gallery

THINGS ARE LOOKING UP,  FINALLY

I would like to take this opportunity to thank our mayor and council members for all they have endured, the extra miles they are taking to get our city back on track.  I know the time, effort and research you all have taken to rescue our city.  We are still not out of the woods, but with the help of residents, Mayor Driesen and our council, Councilwoman Reppe, Councilwoman Peeples, Councilman Hedden, Councilman Johnson, Councilwoman Hatle and Councilwoman Sundstrom.  Folks I have gone through just four or five tubs of city records which I had requested FOIA and for which I paid the fees for copying, and I cannot even imagine the time Councilwoman Kendra spent trying to get the city budget in line and on time.  Thank you for the councilmembers who have vounteered their time and expertise to solve some of the city’s more pressing problems.

Alcester City Council meeting was called to order by Mayor Lukas Driesen with a recitation of the Pledge of Allegiance by the council and members of the gallery.  Present were Councilwoman Darla Reppe, Councilwoman Kendra Hatle, Councilman Kerry Hedden, Councilwoman Cyndi Peeples, Councilwoman Julia Sundstrom, Councilman Brian Johnson, Alcester City Finance Officer David Hodgson and Alcester City Attorney Austin Felts.

Agenda item #3   Approval of the agenda.  The agenda was approved with the amendment of adding an executive session 1-25-2.1 Personnel to agenda item #8 Finance Officer to accommodate a change in employment of current staff, and approving authorization on city bank accounts.  Motion was made by Councilwoman Peeples to approve the agenda as amended; Second came from Councilman Johnson.  Unanimous vote aye, motion passed.

Agenda item #4   Approval of minutes.  (00:01:46.84)   Councilman Hedden moved to approve the minutes of the September 12, 2023, meeting and the minutes of the September 19, 2023, meeting as written.  Unanimous vote aye, motion passed.

Agenda item #5   Approval of warrants.  (00:02:27.51)   Councilwoman Peeples moved, Councilman Johnson seconded to approve the warrants from July 2023 through September 2023.  Unanimous vote aye, motion passed.

Agenda item # 6   Public Input (00:02:58.53)     (00:03:06.46)    Vickie Larsen input dealt with City Visa credit cards/statements and the computer App titled ‘work from home’ which was purchased the former finance officer.     (00:06:55.16)    Kyle Kleinschmit input dealt with the circumstances surrounding his resignation as full-time officer.     

Agenda item #7   Finance Office (00:09:10.64)   Motion from Councilman Johnson, second from Councilman Hedden to go into Executive session 1-25-2.1 Personnel.  Unanimous vote aye.  In executive session at 6:10 p.m. and out of executive session at 6:44 p.m.  (00:10:18.07)   Motion by Councilwoman Reppe, second by Councilwoman Sundstrom to hire Abigail Moore part-time in the finance office starting October 7, 2023 through October 31, 2023, at $25.00 per hour rate.  Unanimous vote aye.  (00:10:50.94)   Motion by Councilman Johnson, second by Councilwoman Peeples to authorize Finance Officer David Hodgson as User ACH at Premier Bank-City Bank accounts.  DISCUSION   IT WAS NOTED ON THIS ACTION OF AN PROCEDURAL ERROR BY COUNCILWOMAN REPPE.  PROCEDURALLY FORMER DEPUTY FINANCE OFFICER ABIGAIL MOORE HAD TO BE REMOVED FROM THE PREMIER ACCOUNT DUE TO HER EMPLOYMENT CHANGE, THEN MOTION COULD BE MADE TO AUTHORIZE FINANCE OFFICER DAVID HODGSON AS ONLINE BUSINESS USED ACH PREMIER BANK.  (00:13:16.01)   Motion by Councilwoman Reppe, second by Councilman Johnson to remove Abigail Moore as authorized user on the city accounts at Premier Bank.  Motion passed by unanimous vote aye.  (00:14:15.06)   Motion (do over) by Councilman Johnson, second by Councilwoman Peeples to approve Finance Officer David Hodgson as authorized ACH user on the city bank accounts at Premier Bank.  Unanimous vote aye.

Agenda item #8   Police Department Update    (00:14:47:70)  Chief  Thompson gave an abbreviated update with some concerns.  (00:16:26.00)   Motion to go into Executive session to discuss PD personnel SDCL 1-25-2.1   Unanimous vote aye.  Council moved into Executive session to discuss hiring a part-time police officer at 6:50 P.M.  (00:17:02.18)   Council out of Executive Session at 7:04 P.M.  (00:17:10.13)   Motion was made by Councilwoman Peeples to hire Jason Baker as part-time police officer at $25.00 per hour, seconded by Councilwoman Hatle, motion passed with unanimous aye vote to hire.

Agenda item #9   City Website Renewal   (00:17:44.94)  Discussion included the renewal due date, the limited, convoluted administrative issues with this website.  Discussion took place on finding a better suited website and just plain over-all user-friendly city website which would cover all of the city’s needs.  Decision on final requirements to take place October 17, 2023, meeting.

Agenda item #10   Legal Updates     (00:27:04.73)  Discussion on the Property Maintenance ordinance with regard to fair for all not just a handful of residents. 

Agenda item #11   Summer Rec Program   (00:42:48.93)   Question over the lack of the city’s past funding contribution of $500 per year in past year few years.

Agenda item #12    Community Center   (00:51:15.47)   Pay the balance due even though it seems a final inspection has not been made or construction failures not corrected and discussion.

          Agenda item #13    Streets   (00:58:52.49)   John Deere repairs.  Discussion on repair or replace.  $7250.00 project cost of repairs which has already been approved versus what sounded like to me exorbitant machine replacement cost on a ‘new’ used machine. 

          Agenda item #14    City Government   (00:01:02:23.15)  A social event designed to involve residents with their city officials.  Discussion took place and develop a plan and date for this event.

          Agenda item #15   City Insurance   (00:01:05:30.29)  Discussion and review of city insurance policies.  At present the city insurance plan is replacement versus used.  $38,642.00 fee.

          Agenda item #16    Executive Session if needed    (00:01:07:11.54)  Was not needed.

          Agenda item #17      Reminders   (00:01:08:02:11)  Recap of upcoming events and a review of what clean items would be allowed in the dumpsters.

          Agenda Item #18    Adjourn     (00:01:10:07.90) 7:58 P.M.

          As you have seen on my blog, I have published the number and ilk of the anonymous, malicious maelstrom of Mailed letters I received.  Thank you, Anonymous Annies, for making it easy for me to prove what type and genre of harassment to which our Mayor and his family were exposed.  To date I have received 35 plus anonymous, malicious missives and I am still receiving them. 

I longer need to allow you any place on my blog to prove my point.

Contact City Council

Mayor Lukas Driesen

Councilwoman Darla Reppe

Councilwoman Cyndi Peeples

Councilman Kerry Hedden

Councilwoman Kendra Hatle

Councilwoman Julia Sundstrom

Councilman Brian Johnson

Finance Officer David Hodgson

08/02/2023 A View From the Gallery

I read a redacted version of this statement to the council.  I was limited to three (3) minutes for which I did not plan and therefore it came off disjointed until the end.

“This concerns the rapid, flimsy and questionable excuses with which the Alcester City Attorney Sam et.al. are attempting to unseat our Mayor Lukas Driesen.”

“The time starts with the pre-election steps Lukas Driesen took to run for the seat of Mayor of Alcester, SD.  Mr. Driesen contacted Finance Officer Patricia Jurrens for the number of signatures he needed for his petition for mayor…” Alcester is a Second Class Municipality.  A second class municipality defined in South Dakota State Statute is a city with a population between 500 and 5000.   According to SDCL 9-13-9, the number of signers required for nominating petitions in first, second and third class municipalities…Time for circulating petitions.

9-13-9. Number of signers required for nominating petitions in first, second, and third class municipalities–Time for circulating petitions.

In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

If the candidate is to be voted for by the voters of a ward of a municipality of the first or second class having more than one ward, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.

In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. A petition signer in a municipality of the third class is not restricted in the number of petitions which the person may sign.

No nominating petition may be circulated until on or after the last Friday in January before the election.

Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49; SL 1978, ch 60, § 2; SL 1980, ch 64, § 1; SL 1981, ch 67; SL 1983, ch 52, § 4; SL 1986, ch 67, § 5; SL 1987, ch 76, § 1; SL 1988, ch 63, § 7; SL 1992, ch 60, § 2; SL 2004, ch 75, § 4; SL 2017, ch 57, § 1.

Folks our number was 522 registered voters times 5% equals 26.1 signatures for his petition for mayor.   It is usual to get a few more signatures just to be safe.

Lukas Driesen achieved his signatures and was duly elected Mayor of Alcester, South Dakota.  Alcester Finance Officer Patricia Jurrens administered the Mayoral Oath of Office to Lukas Driesen.  Then Alcester Finance Officer Patricia Jurrens flatly refused to hand over any of the tools of the officer of Mayor which included Keys to offices, keys to any and all municipal buildings and city owned properties.  This blatant insubordination was just another act in a long line of insubordinate behaviors, lies, inexcusable failures to perform her duty, failures to supply accurate and complete information to the duly elected city council and residents and a history of violations of South Dakota statute it became necessary to terminate Finance Officer Patricia Jurrens.

Mayor Driesen used his authority as duly elected mayor, confirmed by Patterson v Linn and removed Patricia Jurrens

Patterson v. Linn, 

#21745 “KONENKAMP, Justice (on reassignment).

[¶1.] By statute, the mayor in an aldermanic-governed municipality has the authority to remove officers the mayor appointed.  Clifford L. Linn, the mayor of Sturgis, summarily fired the city finance officer during her one-year term.  The city has a personnel policy outlining legal procedures for discharging employees, but it was not followed.  The finance officer brought suit.  In granting summary judgment for the mayor and the city, the circuit court concluded that even if the personnel policy applied, it could not override the statute empowering the mayor to remove an officer.  We affirm.”  Considered on Briefs May 29, 2001…Opinion Filed 11/7/2001

https://ujs.sd.gov/Supreme_Court/opiniondetail.aspx?ID=194

from the position of Alcester Finance Officer, terminating her employment on or around July 6, 2023, with a formal confirmation by roll call vote of the Alcester City Council on July 18. 2023.  This process can be viewed and heard in the video presented at www.avoicefromthegallery.com dated July 24, 2023, time stop (00:18:50.90)  AGENDA ITEM #4 with a unanimous vote of the council.  

Unfortunately due to threats and aggressive behaviors toward Mayor Driesen, he offered a letter of resignation but as I understand the situation the letter was not presented to anyone on the council nor the city attorney.  It was just passed on. The council under the direction of President of the council, mayor pro-tem Darla Reppe did not act upon or accept this resignation ‘document’.  On July 26, 2023, Mayor Driesen rescinded that resignation with a written document of rescission of his previous document of resignation and copies of the signed and dated rescission were distributed to the members of the city council.

However, City Attorney Sam Nelson Through Attorney Austin Felts stated the first document stands m and made no comment on the rescission document.  Now let’s talk about the history of the presence of the firm of Frieberg, Nelson and Ask. Attorney at Law as Alcester City Attorneys.

January 8, 2018, the Alcester City council voted to approve the 2018 Retainer agreement between the City of Alcester and Attorney Charles Haugland of Gubbrud, Haugland and Gillespie Law Firm.  Motion was made by Alcester City Councilman David Larsen to approve the retainer agreement, with a second coming from Councilwoman Darla Reppe and with all members of the council having a true and complete copy of the retainer agreement, the council voted unanimously to approve the retainer agreement between the City of Alcester and Charles Haugland, Attorney.

However, on January 9, 2018, Mayor Tom Glass and City Finance Officer Patricia Jurrens hot footed it down the street to Mr. Haugland’s office and announced, “the city council felt that it was ‘time for a change’ concerning the retention of Mr. Haugland’s Law Office and Mr. Haugland in particular…that the city intended to retain Tom Frieberg of Frieberg, Nelson and Ask as the new City Attorney for the City of Alcester…”  With Glass and Jurrens comment he (Mr. Haugland) would remain until sales documents were completed.  Mr. Haugland responded, “NO!”  Mr Haugland tendered his Letter of Resignation January 16, 2018.

WOW the council of two, Glass and Jurrens ‘decided’ it was time for a change less than 24 hours after the council voted unanimously to approve the retainer agreement which awarded Mr. Haugland $105.00 per hour for his legal services.

There was no meeting on January 9, 2018, for the council to meet and decide… JUST Glass and Jurrens yapping.  Now folks about that ‘new’ retainer agreement.  Moving on to the February 5, 2018, council meeting where Tom Frieberg is seated at the council table, n ote vidieo.  Man,  Mr. Haugland’s seat did not even have time to get cold.  Now Mr. Tom Frieberg is called upon to review the ‘New’ 2018 Retainer Agreement which awarded $150.00 per hour fee to Tom Frieberg and $125.00 per hour fee to Mr. Sam Nelson..  So who wrote that ‘New’ 2018 Retainer Agreement?  Was it Finance Officer Patricia Jurrens who had already pinched Mr. Hauglands work-product to suit her ‘needs’ or was it Councilwoman Melissa Kay, a law student?   After Mr. Frieberg’s ‘review’, Councilman Dan Haeder moved to approve the ‘new’ 2018 Retainer Agreement, using Freiberg, Nelson and Ask Law as the city of Alcester’s new city attorneys. I gotta wonder if ol’ FOPat was a client of Frieberg, Nelson and Ask.

Now Finance Officer Patricia Jurrens does not like or trust Mayor Lukas.  Her words not mine.  UP STEPS the firm of Frieberg, Nelson and Ask opine-ing and arguing Mayor Lukas’s letter of resignation stands…but his letter of rescission (The revocation, cancellation, or repeal of a law, order, or agreement. “the plaintiff agreed to the rescission of the agreement”) does not?  

WRONG!

  They are both legal documents and duly signed and dated.

Then there was a hear-say comment that Councilwoman Hatle could take part in the meeting via telephone but she could not vote.

WRONG!

From 08/30/2020 through and past the date of 03/15/2021, the city of Alcester carried telephone participation where absent council members participated and VOTED via roll-call vote via telephone.  As well as our city attorney Sam Nelson has on numerous occasions taken part with opinions etc. when he has been away in Pierre Lobbying or whatever called him away from our council meetings. 

In the October 2, 2019, meeting held in the Alcester Golf Course ‘clubhouse’ I made a comment on how often a lawyer was correct.  Something to the effect that a lawyer is only right half the time and I asked him (Sam) which half he was working on?  With that said, please take note of my video of April 15, 2019, where the ballots from the election were being canvassed.  Take note in the video where the ballot box was illegally opened, the ballots were illegally dealt out to the city council members by Councilman Dan Haeder and how Councilman Dan Haeder held the totally empty ballot box up to show my camera.  Big time Election violation, which I wrote up a complaint and filed.  A DCI agent viewed the video when he came to visit me and questioned me regarding that complaint.  NOTE:  the lower left hand part of the video, note that City Attorney Sam was in attendance and sat quietly watching and without comment as to the illegality of what he was witnessing.  Sam was …

WRONG AGAIN!

So I concluded my abbreviated remarks with:

 “…when you (the council) go into executive session to discuss the position of Mayor… VOTE to accept Mayor Lukas’s recession document which negates the resignation document and returns Mayor Lukas to his place as Mayor or you may VOTE TO APPOINT Mayor Lukas without taking any more interviews, restoring him to his duly elected position to Mayor of Alcester.

It is a sad commentary when the threat of a lawsuit is used to force a city council to acquiesce to bad advice whether it comes from a local drunk, a cry-baby countess of self-entitlement, a beer can throwing coward, or ubiquitous, omni-present threats of a lawsuit.