We have a Ward III Councilman who thinks the law does not apply to him but will waste law enforcement time to deliver a bully-sheet to coerce and intimidate a citizen who is asking uncomfortable questions. A councilman who has few ethics when it comes to election signs and posters.
We have a Finance Officer who LIES! When I asked for a copy of the city letter demanding the ambulance pay for water usage and sewer, I was told I (FO Jurrens) do not have a copy. I exclaimed, “You did not keep a copy of the demand letter you issued to the Alcester Ambulance?” FO Jurrens reiterated, “No, I did not.” Yet when I issued a formal FOIA for the demand letter and courtesy copied in a council person, it was confirmed FO Pat did indeed have a copy and the council-person assured me, I would be sent a copy. To date I still have not received the demand letter NOR the reply to the demand letter.
WHY NOT?
I asked for a copy of the Building Permit for 518 Anderson Street. Still do not have that one, either. FO Pat stated to the permit did not have to be displayed. LIE! Au Contraire Madame FO, YOU and your ‘familiar’ Geoff Fillingnsess have harassed people who do not tail-gate your bum, insisting they HAVE a building permit, they MUST post it or they will receive a CEASE and DESIST notice. YOU, YOURSELF issued the building permit below!
(SEE BELOW) WHAT DOES THAT SAY AT THE BOTTOM OF THE PAGE?H-M-M-M-M?
Building permit is not displayed on the WASS building site, so by your own words they must CEASE and DESIST until it is displayed properly.
Building permit is still not displayed on Alcester Councilman Lance Johnson‘s illegal building project.
So Councilman Lance Johnson and the PIES GUYS must CEASE and DESIST until it complies with permit display!
518 ANDERSON STREET STILL NO PERMIT DISPLAYED
“NOTICE THIS CARD MUST BE POSTED IN A CONSPICUOUS PLACE, FACING THE STREET, ON THE PREMISES ON WHICH THE WORK IS TO BE DONE, AND MUST BE MAINTAINED THERE UNTIL COMPLETION OF SUCH WORK.
NOT IN A WINDOW IN THE BUILDING NEXT DOOR OR ACROSS THE STREET!
NOT FACING AWAY FROM THE STREET!
…AND…
NOT FACING THE INSIDE OF COUNCILMAN LANCE JOHNSON’S DRAWERS!
Check out the photos from yesterday, September 10, 2019, Alcester City Councilman Lance Johnson STILL has not posted his building permit.
So who gets the blame Pies Construction for not having a building permit displayed BEFORE they broke ground? Alcester City Councilman Lance Johnson for not getting a building permit, displaying a building permit on the premises, or before ground was broken? Or Alcester planning and zoning for not publishing the planning and zoning code or enforcing planning and zoning or SECOG Patrick Andrews for failing to provide accurate and usual practices to his client the Alcester City Council. So what version of the International Planning and Zoning codes did he provide and the council approve.
Folks, we can change this! We can change the city Offices being closed on Tuesdays, too. We can take the initiative, literally! We can be resolute and effect change!
Check out the pictures 518 Anderson Street-Lance Johnson 09-10-2019 Oh yes, I took the photographs from the street. No crony-ism here!
I think we should charge a minimum property tax charge for garage only properties like we are being charged for water. Oh yeah and make it retro-active!
Call the city office let Finance Officer Patricia Jurrens know (605) 934-2851, Call Mayor Tom Glas (605) 934-2188 let him know or call your city council member as published in the Alcester Union-Hudsonite. Let them know!
Prior to the September 4, 2019, meeting FO Pat told me the funeral home has a building permit posted.
Yeah, where? Well folks the building permit for the funeral home is located in the east window of the Quam-Berglin Building ’cause there was no wall to attach the permit to. REALLY, REALLY Give ol’ FO Pat a cane ’cause that excuse is so lame even Mayor Magoo could see through it. I told Pat the permit should be on the premises and maybe a simple wood stake would take care of the lack of a wall. Geez Louise, give that woman a crystal ball with instructions how to use it and she would ask, ” how do I see through my hands?” Good Gravy FO PAT is still looking for Carmen and Waldo and Mayor Glas is still scratching his head and asking who is Carmen and Waldo?
Mayor Tom Glas called the September 5, 2019, regular meeting of the Alcester City Council to order at 6:00 pm with Councilman Dan Haeder, Councilman Lance Johnson, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilwoman Darla Reppe, Councilman David Larsen and standing in for Alcester City Attorney Sam Nelson was his father, Larry A. Nelson ’cause Alcester City Attorneys Sam Nelson and Alcester City Attorney Tom Frieberg had homework from the judge in a civil case.
The council approved the agenda with no corrections and approved FO Pat’s version of the minutes for August 5th and August 13th.
Public input was called with no responding input.
Agenda Item #6-Since the meeting was well ahead of the scheduled community center presentation by Gary McKellips and Tom Walsh the council continued on with the ‘business’ of the night.
Agenda Item #7 was legal updates and legal has been very busy indeed. Cemetery obligation is still waiting on Alcester City Attorney Sam’s changes to the agreement between the city and the cemetery board and yet another draft.
Agenda Item #8-clean up nuisance letters by Alcester City Attorney Sam Nelson-Oh but he wasn’t there and his father quoted Sgt. Schultz, “I know nothing…” about this. Further discussion included a condemnation and other nuisances.
Agenda Item #9Street Parking. This agenda item was brought to the council by Councilman David Larsen so council could consider changes to parking restrictions as the merge of all grade levels to the sixth street school location and with added bus stops at all three daycares. The council entertained a motion to draft a parking ordinance involving Iowa and 5th streets in Alcester’s Ward II. Unanimous vote to draft an ordinance.
Agenda Item #10 The man-hole on third street.
Agenda Item #11 Water and Wastewater. Dale missed the schedule change and was not present. FO Pat winged it, she really should give up flying-by-the-seat of her petti-pants! According to FO Pat’s sharing of test results, we have ‘nothing’ to worry about. Well at least about the wastewater.
Agenda Item #12 Police Department- Chief Jeff Christie presented the department stats, discussed the city owned shot-gun surplus and sale. The motion was made and approved the city declare shot-gun surplus and dispose of them via auction or sealed bid.
At 6:15 pm the Community Center presentation was scheduled to begin so the council and gallery adjourned (not formally mind you) to the auditorium gym. I wondered why did Mayor Glas not introduce Mssrs. McKellips and Walsh, after all he IS the mayor. Why was Finance Officer Jurrens playing hostess-in-charge? Then it was ‘splained that Ol’ mistress Jurrens was the third wheel on the community center bike.
Mr. McKellips made his presentation. He dodged the question of city offices in the community center at first but later in the presentation he conceded the plan included city offices to be re-located to the community building. The city’s share is somewhere north of $500K plus add-ons for the golf club.
The question was asked what happens if the city rejects the current plan, will the money still be available for a re-think plan. There was hemming and hawing with a substantive silence indicating the money might not be available. While I am in favor of a community building, the city offices MUST stay down-town Alcester.
Oh, Oh, I have an idea! Later in the meeting was a discussion on a tiny house development. I HAVE THE SOLUTION TO THE FINANCE OFFICE CONUNDRUM. Put the tiny house development in the North Business Park, set up two tiny houses side-by-side at 202 Broad Street, one for Finance Officer Pat and one for her asst. office girl. Then they can plant petunias, pick the weeds and plant as many painted wood pallets as they can find. Shoot they can even paint they own tiny house bright red it they want.
At 7:13 pm most of the council and all the gallery moved back into the council room, while everyone waited for Councilman Lance Johnson to return. Gee I am sure glad we didn’t have to wait for him ‘to return’ as long as MacArthur took to return to the Philippines. (1942 to 1944)
Council returned to Agenda Item #12 Police Department-Feral cats. Contract was sent but nobody knows when it will return. Sioux Falls Humane Society versus Dr. Johnson Hawarden. Feral Cats issue was tabled to next meeting.
Chief Christie did relate a warning he had received about garage thieves and the information they may be headed south. Lock up your garages and take the keys/fobs out of your cars in the garage.
Agenda Item #13-Golf Course I over-heard a question on why was Finance Officer Jurrens on the committee of three for the community building/golf course club house instead of the Committee Chair David Larsen? Good Question H-m-m?
Agenda Item #14 Tiny Houses District. Somebody wants to speculate in Tiny Houses. Wants to put three on one lot and possibly four on a double lot like on Beck Drive. Growing up in Spirit Lake I saw the 1950’s version of tiny houses, we called them cabins. They happened in clusters around the lakes. They attracted low income renters/owners and were usually abandoned after a year or two, falling into disrepair or worse they attracted squatters/transients. Should a fire start in a tiny house, even the short distance the fire department would have to travel, they wouldn’t have enough time to roast a decent sized marshmallow with the flame left.
If the speculator wants tiny houses, buy a lot in the North Development Park, declare a tiny house district. Don’t lower OUR home valuations with an outhouse sized house next door.
Agenda Item #15-Finance Office Fairy Tales Approve warrant for Road Guy and Louiseau motion but failed to declare the price tag. Approved! BOO! Approve August warrants–approved.
September special meeting approved for Monday, September 16, 2019, at 6:00 pm. Approved.
October Council meeting scheduled at the golf course on October 2, 2019, at presumably 6:00 pm.
2020 Budget was presented to the council with the Finance Officer interminable verbal twitch of ‘with regard’ at each section of each page of the budget. The only way the council and gallery knew she was moving to a new subject line was the snooze alarm of ‘with regard’.
FO Pat wants radio water meter readers. Looks like Peeping Patty no longer has a job peeping for puppies!
FO Pat also wants new Election Booths. Really? That certainly is not going to solve our election and voting abridgment problems.
BY THE WAY–WHERE IS OUR WEBSITE FOR THE CITY? So we and the city council can read in advance FO Pat’s pretentions. A website so we have a posted agenda, so WE can research items, so WE can access the property maintenance. City Council YOU voted for the website a second time and still we do not have an official city website. Again FO Pat has deemed it not a priority. Give Finance Officer Patricia Jurrens the ultimatum, get the darned website up and running. Get the agenda, minutes and ordinance ON THE WEBSITE–NOW! We are tired of waiting!
Agenda Item #16-Fairboard Update-Still putting up with grain on city property leased to Union County. Commissioners get over being upset, DO something! City Council DO something. City Council you have the right of refusal on the county leasing this land, TAKE BACK your control!
Agenda Item #17-HRC Now it begins-more monetary upkeep and NO LOTS have been sold and the HRC financial hole is deepening.
Agenda Item#18-Executive session for Legal-My update as to content, speculative only. The mayoral election travesty is still being investigated and according to my information has been placed in the hands of the SD Attorney General and DCI or is it a lawsuit? Maybe Pat’s tiny house will be orange with decorative metal grills on the front.
Agenda Item #19-Executive session for contract-The council voted in open session to allow up to $2500 appraisal fees for the potential sale of the auditorium? This is a long process but IF the auditorium is BID on and it has to be BID.
So tell me where is the police department going go?
Where is the finance office going to go? NOT the community building, no way.
Agenda Item #20-Adjourn at 9:02 pm
*after yesterday a word of advice for Councilman Lance Johnson, I suggest you go back to the school you ‘graduated from’ and ask for your money back!
I would also like to share that I respect the Alcester City Police Department. I am appalled that Alcester City Councilman Lance Johnson’s paranoid temper tantrum has placed them in an untenable position because Alcester City Councilman Lance Johnson has an axe to grind with me. I admire the Police Department’s ethical adherence to duty—-Vickie A. Larsen
In the spirit of Where in the World is Carmen Sandiego? and Where is Waldo ? Alcester has come up with a new game played by FO Patricia and Alcester Councilman Lance Johnson. It is called, wait for it, Where is Councilman Lance Johnson’s building permit?
Check out the pics below. Where is Lancie’s License to build? Can you find the building permit? Good Luck. I was there in person today and I could not see the city building permit and I asked the workman. I asked, “where is the building permit?” Workman said, “it is probably in the mayor’s pocket. I said, “Mayor?” Workman said, “Yeah, the one who lives over there indicating 517 Anderson Street.” I said, “he is not the mayor, he is just a councilman.” Imagine that!
Did you know no permit, no dig? Permit is supposed to be posted and there is something about conditional use, too. That did not happen. Did FO Pat over-extend her job description again? By-the-way are the side yard set-back boundaries per code, the back set-back or the front set back correction?
Now to be fair, (it really bites in this case) the funeral home has the same problem. Where is the permit?
Can you see the building permit? Folks this is right across from FO Pat’s Peek-a-Boo Office Window. Again, where is the building permit. FO Pat made a big deal over a businessman adding a concrete pad without a building permit. So FO Pat and Mayor Glas, Where is the permit? Got-to-be-posted, right? Or are those rules just for the rest of us? H-m-m-m?
NEWS FLASH!
UPDATE
Prior to the September 4, 2019, meeting FO Pat told me the funeral home has a building permit posted.
Yeah, where? Well folks the building permit for the funeral home is located in the east window of the Quam-Berglin Building ’cause there was no wall to attach the permit to. REALLY, REALLY Give ol’ FO Pat a cane ’cause that excuse is so lame even Mayor Magoo could see through it. I told Pat the permit should be on the premises and maybe a simple wood stake would take care of the lack of a wall. Geez Louise, give that woman a crystal ball with instructions how to use it and she would ask, ” how do I see through my hands?” Good Gravy and FO PAT is still looking for Carmen and Waldo!
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.
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.
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.
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!
Mayor Glas proclaims we have air in our water, no problem! Really? Mayor Glas with the ‘profess-tional, cee-ment mind with the minor IQ” where is that thar air (if it is air) coming from? Did you have it tested? Where is the air coming from, could it be a broken line that is sucking air or methane from the soil and into the water? Oh by the way Mayor you don’t like me getting involved or helping a fellow resident, Do your darned job! Investigate the issue, not your own bellybutton!
Folks Mayor Glas, FO Pat and the council handed over $4800 in my opinion in an illegal, violation of the existing, in-force Alcester Personnel Manual.
Policy #3: Employee Classifications Appointive Official: An individual who holds a position in the municipality as specified by SDCL 9-14-1 (repealed)
Policy#5 Hours of Work
5-3.1City Finance Office Monday through Friday, the finance offices will be open from9:00 to 12:00pm The finance office will re-open at 1:00 pm and remain open until 5:00 pm. The finance officer will start the work day at 8:00am and will open the city office for public business at 9:00am.
5.5Flex time -The governing body (council) reserves the right to authorize flexible work hours within the 40 hour work week in situations where it is appropriate or necessary. Employees must still adhere to the standard 40 hours work week unless flex time or overtime has been approved by the mayor. The mayor authorized flex time is subject to review and final authorization will be from the city council at the next city council meeting.
5.6 Overtime Eligibility – Employees may be required to work overtime when determined necessary by their supervisor or the governing board. Overtime is defined as time that is worked in excess of the first 40 hours within the standard work week and does not include hours paid but not worked such as holidays, vacation pay days or sick days. The mayor shall have the option of selecting compensatory time off or overtime pay and the finance officer shall be advised of the decision prior to the performs of any such work.
All overtime must be authorized by the mayor prior to the working of such hours except in emergency situations. Overtime is to be authorized only if the work cannot be otherwise done during normal work hours. Insofar as possible, the opportunity to work overtime shall be distributed as equally as practicable by the municipality among the employees in each department. Accrual of overtime without prior authorization may result in disciplinary procedures.
Overtime compensation for all overtime eligible employees shall be at the rate of one and one-half of the employees regular hourly rate. As stated above, time paid for but not worked(holidays, etc) does not count toward hours worked for the purpose of calculating overtime hours.
5.7 Comp time – Authorized comp-time shall be administer within the same guidelines and be accrued at time and one half. Comp-time must be used within 30 days from the time in which it was accrued.
The maximum amount of comp-time that may be accrued is 16 hours.
5.8 Exemptions to Overtime – The following employees are exempt from the overtime standards as mentioned in the above sections:
1) Appointive officers (if determined to be FLSA Exempt)
2) Police and fire personnel (if less than 5 within the dept)
3) Swimming pool personnel (if operated less than7 months)
5.10 Time Sheets or cards – Each employees time sheet is a record of their regular hours worked, overtime worked and vacation or sick leave used for the purpose of calculating and issuing pay checks. Every employee must sign their time sheet to verify that all entries are accurate, Intentional falsification of time sheets may result in disciplinary action.
5.11 Time Clocks – Time clocks are used by the municipality for recording work time for all employees specified by the governing board. Each employee required to use a time clock must punch in and out promptly and have the finance officer initial changes necessary to correct time records.
It is absolutely forbidden to punch another employees time card. Such action may result in disciplinary action.
Policy# 6 Compensation
6.3 Time Sheets Each employee is responsible to ensure that his/her time sheets are correct ad submitted on time. Signed vacation and sick leave slips must accompany all time sheets (see appendix one). Any misrepresentation of time worked or falsification of any time sheet may result in disciplinary action.
Policy# 7 Leave of Absence
Policy #8 Separation from Municipal Service
8.4 Exit Interviews It is a policy of the municipality of Alcester, for the appropriate authority to conduct an exit interview prior to an employee’s separation from municipal employment. The exit interview is conducted for several purposes, including 1) to resolve all outstanding matters between the municipality and the employee, 2) to advise the employee of the affect their separation will have upon all benefits and what benefits they have coming upon separation, 3) to aid the municipality in gathering information to help improve the municipality’s working environment and other employment relationships.
8.5 Misconduct Defined The following is a partial listing of employee misconduct that may result in disciplinary action up to and including immediate discharge. This list is not intended to completely list all employee misconduct that may result in the above, but rather is provided as a guideline by which employees can judge actions that will not be tolerated by the municipality:
Incompetent, inefficient, unreliable, unwilling or incapable of fulfilling his/her job duties as assigned.
Inadequate performance of duties.
Neglect of duty.
Conviction of a felony or misdemeanor offense which might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee.
Theft or misappropriation of municipal property.
Insubordination.
Failure to observe drug and alcohol policies of the municipality.
Failure to observe harassment policies of the municipality.
Knowing or willful violation of municipal ordinance.
Unauthorized absences.
Habitual tardiness.
Abuse of sick leave.
Sleeping/loafing during work hours.
Disclosure of confidential information.
Offensive or inconsiderate conduct, or use of abusive language in public, or toward the public, municipal officials or fellow employees while on duty.
Personal acceptance or appropriation of any fee, gift, tip or other gratuity or remuneration received solely for the performance of official duties in connection with municipal employment.
Knowing, intentional, or repeated falsification of any application for employment or any municipal record, report or time sheet.
Willful alteration, destruction or waste of municipal property, facilities, equipment or records.
Serious or repeated disorderly conduct or horseplay.
Threatening, intimidating, coercing or interfering with supervisors or other employees.
Deliberate attempts to injure another employee or fighting on municipal property while on the job.
Unauthorized possession of fire arms, explosives or any dangerous weapons while performing municipal work.
Recklessness resulting in a serious accident while on duty, whether on or off municipal property.
Policy #9 Disciplinary Action and Grievance Procedure
Policy #10 Drug and Alcohol Abuse Policy
Policy #11 Americans with Disabilities Act
Policy #12 Appointive Officials
12.1 Definition An Appointive Official is an individual who holds a position in a municipality in SDCL 9-14-1 (see policy 12.2)
12.2 Appointive Officials to be Appointed
12.2.1 Second and Third Class Municipalities – The appointive officers in second and third class municipalities are the finance officer (auditor, treasurer) and other such officers as provided by municipal ordinance.
12.4 Applicable policies to municipal officials
The following sections of this manual shall apply to municipal officials:
Policy #1 all sub-sections,
Policy #2 all sub-sections,
Policy#3 all sub-sections,
Policy #4 not applicable,
Policy #5 Applicable if such officials are covered by FLSA,
Policy #6 all sub-sections,
Policy #7 all sub-sections,
Policy#8 not applicable,
Policy #9 not applicable,
Policy #10 all sub-sections,
Policy #11 all sub-sections.
Folks this is the policy manual which is in effect now, and was in effect at the start of FO Pats Comp Time Grab in 2014.
Ask the question at what rate of illegal compensation was FO Pat offered? The time and one half rate at the time of her falsification of time in 2014, 2015, 2016, 2017, and 2018? Or was it at the 2019 raise rate? From 2014 who authorized FO Pat’s raises, Finance Officer Pat Jurrens, Mayor Glas or the council who authorized the budget without asking questions?
I filed a violation of property maintenance with the city of Alcester for 518 Anderson Street including a picture of the vandalization of the curb and gutter. In fact I hand-delivered that formal complaint of violation to Mayor Glas in front of the Alcester city council on April 15, 2019.
On May 20, I received the delayed FOIA information and was denied information regarding the vandalization of 518 Anderson curb because according to Alcester Finance Officer Jurrens, Randy Heuer OWNS the curb and gutter. BULL! What barn-door barrister handed down that opinion? As to who gave him permission to vandalize the curb and gutter, could it have been the Alcester city councilman who admitted to vandalizing election signs of Mayor Glas’ opponent in the mayoral election? This is the city, boyo not the back forty, shelter belt!
FO Pat and Mayor spent many hours crafting their Home-Owners-Association-like Circus of Hades. You know where the city is being run by a pair of pissants dictating what we can and cannot do within our castles, imposing their troglodyte tastes upon the rest of us, and giving their drinkin’ buddies ‘speschal’ privileges. The city owns the curb and gutter, the abutting homeowner pays the upkeep. Kind-of-like the nightingale call girl. Ya’ll don’t own her but if you enjoy her company ya’ll are payin’ her upkeep, her ‘managing partner’ fees and her shots!
So tell me, WHAT ARE SET BACKS Mayor Glas and Finance Officer Jurrens? The city owns from the center of the street, thirty-three feet toward the property. Maybe Mayor Glas, FO Pat and IA-Roo need to do a refresher course on property owner-ship and who owns what and how far.
So third request for FOIA:
FOIA 04-22-2019 II-NO ANSWER
Full name and title* of the individual granting permission to vandalize/modify the curb portion of the curb and gutter abutting the property at 518 Anderson Street, Alcester, SD 57001.
Full and complete documentation/council variance approval* for the vandalisation/modification of the curb portion of the curb and gutter abutting 518 Anderson Street, Alcester, South Dakota 57001 and owned by Randy R. Heuer.
The name and address of the individual or company* which performed the vandalisation/modification of the curb portion of the curb and gutter abutting 518 Anderson Street, Alcester, South Dakota 57001.
Readers, Alcester City Attorney Sam Nelson ‘schooled’ me during a city council meeting interrogation on who was giving me advice. Young Sir, I am fully capable of acting pro se and surely you have figured this out by now. But to use your own logic Alcester City Attorney Sam, ‘If you refuse to answer, it didn’t happen and…(here I quote you ACA Sam), “…you are wasting my time discussing this…”.
Folks Mayor Glas and FO Pat are more worried about how high the grass grows, how low the trees hang, but working fire hydrants are not a high priority! So Mayor Glas and FO Pat in your letter you stated Randy Ray Roo had permission, so where is the demolition permission and fee? Randy Ray Roo chopped up the curb, where is the demo permit showing he paid you $400? That is in you lil’ ole property maintenance. I think you ‘jewels’ were charging somewhere around $400 for a demolition and a permit had to be obtained from the city. SO WHERE IS IT? If you make changes you have to have a building permit and according to FO Pat’s job description she has to inspect ‘yer process and progress’. So what class was that at Beacom School of Business again?
So according to Alcester City Attorney Sam, there was NO variance, NO permission, there was NO professional removal, NO ownership, apparently NO demo permit just a ‘bag of words’, a mesh satchel of lies and absolutely no facts.
I WANT ANSWERS! My fellow citizens WANT ANSWERS. So if it is okay for Randy Ray Roo can vandalize his curb and gutter, if Alcester Councilman can vandalize an election sign, then by golly the rest of us can be civilly disobedient with impunity!
Mayor Tom Glas called the May 9th, 2019, regular meeting of the Alcester City Council to order with Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present.
Prior to the meeting an emboldened Tom Glas elected to attack me, telling me I was not to talk during the meeting. I responded asking him, “does that apply to Pat Jurrens and Wanda Halverson”…”are they banned from talking during council meeting?” “Yes?” “No?” “What?”
I can only suppose it was my remarks about the deficient Alcester City Council Meeting Agenda which prompted the Tom Glas temper tantrum. Glas’ proposed agenda or was it FO Pat’s agenda is a masterpiece of proposed open meeting violations and incompetence.
Mayor Glas started the council meeting with his usual, “it’s that time”, coming to his feet to recite the Pledge of Allegiance, which always evokes an errant thought for me. Aha! This is “Mayor Tom’s” anatomical, repositioning sphincter response to relieve pressure on his cerebellum.
The May meeting of the Alcester City Council has historically been two separate meeting in one night. Typically this first meeting after the April election is where the ‘old’ council would finish up prior business and adjourn. Upon adjournment the retiring council members exit giving up their places at the table to the incoming members. The new meeting is called to order with newly elected/appointed members reciting the oath of office and seated at the council table. These are two separate meetings with the council receiving pay for each meeting. However this night Mayor Glas or was it FO Pat’s ill-conceived aura of safety of position chose to imbed the Planning and Zoning committee meeting into opening meeting. And by now I have lost many of you. The Alcester City Council is ALSO the local planning and zoning committee.
Note on the agenda page 1) there is no public input for the initial meeting, no public input for the planning and zoning committee meeting and note there is no formal opening of the Planning and Zoning Committee meeting to let the gallery know a separate meeting has been opened, nor was there a formal adjournment on the agenda to close the Planning and Zoning Committee meeting. Poor procedure! Better never than late, Mayor Glas under duress added a public input at 9.5 on page 1) of the Alcester City Council meeting agenda. However he neglected to add Public Input under the Planning and Zoning Hearing committee meeting. Bad FOrm Mayor Tom and FO Pat! FO Pat must not have found a form to co-op for a compartmented triple meeting.
The council made short work of the approval of the agenda, it’s deficiencies and dispatched the approval of Minutes with alacrity.
Tena Keiser and Amanda Ericson presented Alcester Police Chief Jeff Christie with a check representing the fundraiser proceeds for the police department.
At this point there was still time before the 6:30 p.m. start time for the Planning and Zoning committee public hearing. Mayor Glas elected to move onto Agenda item 9.5 Public Input for the Initial Alcester City Council meeting. I responded to Public Input and another dust-up began. I commented on the violation of open meeting with the lack of proper Public Input both for the council meeting and the planning and zoning public hearing, plus the appearance of a violation of open meeting with Page 1, agenda item #9. Mayor Glas butted into my short public input time with his argument public input was the Public Hearing. I pointed out it was a public hearing, but no provision was made for specific public input. Mayor Glas chose to argue semantics defined as a part of language, its structure, morphology, syntax, pho and logic concerned with meaning. (evidently he heard ce-mentics and alas he lacked a concrete argument!)
At this point Alcester Attorney Sam Nelson of Frieberg, Nelson & Ask of Beresford took over questioning my ‘authorities’. I cited SDCL 1-25-1
“…The chair of the public body (city) shall reserve at every official meeting by the public body a period for public comment limited at the chair’s discretion, but not so limited as to provide for no public comment…”
Note the word “shall”. ‘Shall’ is used in statutes according to Black’s Law Dictionary, Abridged Sixth Edition (1891-1991), page 958 to mean “…generally an imperative or mandatory…” Mr. Nelson and I continued with a spirited discussion of Executive Session as referenced in page 1) agenda Item 9 as defined in SDCL 1-25-2.,1
“… Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee…”
My position being, compensation time is NOT a subject for executive session, it is an open session discussion with a determination whether the council is falling down a rabbit hole. I based my opinion that Mayor Glas, FO Pat Jurrens and the Alcester City Council were Abusing Executive session, using past, numerous and lengthy personnel discussions. That many discussions of qualifications, competence, performance, character, or fitness of city personnel? And FO Pat is almost always is present with the council in the closed session…do you s’pose? ‘Cause bookkeeping is not personnel, the book keeper is but not her position!
There was no formal adjournment of the Alcester Planning and Zoning committee. It is good there was no action on the draft of Ordinance 2019-01’cause Ordinance 2019-01 was already enacted on February 4. 2019, with the express purpose of changing FO Pat’s job from appointed to a quasi protected hire. Competency? The Finance Office is charged with keeping a file of the Ordinances. So what Happened FO??
Now the third meeting has been opened and Alcester City Attorney Sam Nelson has administered the oath of Office to the council members.
Mayor Glas handed out his and Pat’s 2019 committee assignments. Page 2) under agenda item #4. Councilwoman Melissa Kay was visibly upset as she read down the sheet of assignments. Councilwoman Kay had held the Chair of the Budget and Finance Committee and the Chair of the Public Safety Committee but under the 2019 Committee assignments she had been removed. Councilwoman Kay questioned Mayor Glas, asking him what she had done wrong to be removed from the Chair of these two committees? (48:58:53)
Councilwoman Kay looked to Chief Christie and asked him for input. (50:39:00) I believe Police Chief Christie asked permission to respond to Councilwoman Kay’s question. Mayor Glas ignored him, a heated discussion was still taking place between Councilwoman Kay and Mayor Glas who by this time was making some questionable comments. (50:48:57) Councilman Haeder asked Mayor Glas if Alcester Police Chief Christie could respond to Councilwoman Kay’s question. Mayor Glas responded Alcester Police Chief Christie had to wait until public input!
ARE YOU KIDDING Mayor Glas? What cognitive cripple would not allow Police Chief Christie respond to a DIRECT question from Councilwoman Kay! Past mayors usually tried to match up councilpersons capabilities with committees. The best Mayor Glas could come up with was, “…I tried to mix everything up…” Yeah Mayor, you surely did!
Next agenda item was Fire Chief Pat Kast report, notifying the council of the fire hydrant situation. In a recent fire situation an inoperative fire hydrant was discovered which exacerbated an already dangerous situation. The fire hydrants are the responsibility of the city and Mayor Glas! The uptake is the city is going to have to repair and replace fire hydrants. Keep this in mind folks for the Finance Office spending spree! The city did vote to pay two fire school tuitions.
Alcester Ems gave a report concerning the snow removal issue and the water bill. I have been a member of the ambulance crew and I worked with the financial/billing side of the operation. The ambulance has reached a point where the ambulance vehicle needs to be replaced. In the past the only funding the city provided to the all volunteer ambulance was a cell phone. I was surprised to hear the city did not supply free water to the service. Contrary to FO Pat’s comment the ambulance had billing capability, the billing amounts had to cover fuel, medical supplies, linens, laundry, AED pads and leads, blood sugar kits, Epi Pens, IV supplies, saline and etc. FO Pat do you think we get those out of a cracker jack box? Do you realise what med supplies cost?
Reports and Updates from Street, Swimming Pool, Water tower, Water and Waste water.
Agenda Item #10 page 2). The Crown Victoria that Mayor Rick Johnson got for a bargain price, has died and not worth repairing. Therefore there is a need for a new police car. The city has the ability to purchase a new Dodge Charge at $24K with delivery on or around January 2020 with some funding coming from the Second Penny Sales Tax according to Book Keeper Pat. Check out the state of the sales tax income for the year.
David gave an update for the golf course. Clubhouse personnel was hired but the groundskeeper position is still open.
Agenda Item #12 page 2) – Executive session SDCL 1-25-2.2 Litigation This was notice the city had received a certified letter of demand for wages past due. Not like the comp time FO Pat has been angling after but actual wages earned. The council spent twenty-two minutes in closed session to discuss strategy?
new police car $24,000.00* involves second penny sales tax
* unanimous vote for expenditure
** non necessity
We have failing fire hydrants but by golly we have to have our plastic chaise lounges and fold up picnic tables. Mayor Glas did brag in a campaign speech something to the effect, “Just look what Pat and I have done for the city!” Yeah right! More like, “Just look what Pat and I have done TO the city!”
Mayor Tom Glas called the April 15, 2019, special meeting of the Alcester City council to order (once he got there) at 6:07 p.m. with Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman David Larsen, Councilman Dan Haeder, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present with Councilwoman Darla Reppe arriving after Mayor Glas.
During Public Input I presented the Finance Officer with a FOIA, I presented the council with a property maintenance code violation complaint on Anderson Street, I commented any payment on comp time stating it was not applicable to Finance Officer Pat Jurrens and questioned about the Chip Seal Road Guy bid which was not fulfilled in 2018, contract/agreement time frame extended in September 2018 and attempted to change the terms and conditions last night and finally I questioned the Executive Session for Personnel in how many applicants for the auditorium custodian position (? nobody knew), how many applicants for the golf groundskeeper position (2) and how many applicants for the summer reading assistant position (1).
The next Agenda Item called was the canvass of the votes. It was interesting watching and listening. It was particularly interesting about the messengering of ballots from the Care and Rehab Center and the messenger of those absentee ballots. Evidently Alcester City Finance Office Employee Wanda Halverson was sent to the Care and Rehab center by Alcester City Finance Officer Pat Jurrens to collect some absentee ballots from the nursing home which is interesting because the SD Absentee Ballot Application Form carries the language,
“Please print and return to your county auditor…You may apply for an absentee ballot before 5:00 p.m. the day before the election for any or all general, primary, municipal, school or any other elections conducted in this calendar year with one request…” Item #8 AUTHORIZED MESSENGER REQUEST DUE TO SICKNESS OR DISABILITY ONLY:
At 6:34 p.m. Councilman Lance Johnson left the meeting, two minutes later Finance Office Pat Jurrens whispered to a councilman about Theresa Driesen’s voting status.
Upon the lengthy ballot canvass, the council finally declared the vote in favor of Tom Glas.
Agenda Item Street Updates was called, with a lengthy discussion regarding the significant change in the manner of street repair and maintenance taking place. Instead of just chip sealing, a proposal was solicited by Alcester Finance Officer Pat Jurrens from Loiseau Construction, a company specialising in street reclamation using FDR (full depth reclamation) which simply put employs a grinding process which is Fog Sealed and requires two applications of Chip Seal. Watch the discussion. I had already questioned the violation of bid process, unfortunately the council was advised by Mayor Glas and Finance Officer Pat Jurrens this was not a violation. The council elected to table until April 18th meeting before they would enter into a contract with Loiseau and The Road Guys. There was a motion to schedule a follow-up meeting on April 18th, 2019, at 5:00 to made a decision and the council voted to approve the April 18th meeting.
There was a public discussion of comp time (agenda item # 8) and with little information shared, the council moved onto agenda item #9 and straight into Executive session to discuss; auditorium custodian, golf course grounds keeper, Summer reading assistant and in my opinion what-ever-they-could-get-away-with!
Please note when the council came out of Executive Session they only voted for the Summer Reading Assistant. Amazing!
A Voice from the Gallery 