It was an interesting and enlightening election day.  After I voted, I settled down on a folding chair in the atrium of the Alcester City Auditorium as a poll observer.

According to the Office of the Secretary of State, Steven J. Barnett South Dakota Poll Watcher and Observer Guidelines updated 01/08/2019 poll observer is defined as, “…any person at a polling place, to observe, who does not declare themselves to represent one of the categories listed…is not a poll watcher but is an observer…”. (SDCL 12-18-8.1.9.9.1)

“…poll watchers must be positioned in a location where they can plainly see and hear what is done within the polling place but may not interfere in any way (SDCL 12-18-9)  Poll watchers and observers may converse with the election board and look at the pollbook only if it doesn’t interfere with the voting process.”

“Within 100 feet of a polling place (including absentee voting polling places), poll watchers and observers MAY NOT do any of the following (SDCL 12-18-3, 12-18-9.1, 12-26-21, 12-26-22)”:

As I sat from 7:30 a.m. and 7:00 p.m., observing the voting public come and go, I found the demographics intriguing.  In the early morning hours, it was Hurry-canes and rolling-walkers of the Silent Generation, followed by an after-work-influx of Baby Boomers, followed by end-of-shift GenX and Millennials.  Each generation appearing at the polls to vote on their conscience and freely participate in their constitutional right.

At 8:20 a.m. Mayor Glas showed up at the Finance Office whining to Finance Officer Jurrens and alleging, “… I (Vickie) was writing down the names of voters as they walked past me…that the names were already in the poll books…”  I was not recording names.

In that same space of time Finance Officer Jurrens mentioned a Chamber of Commerce meeting tomorrow (April 10, 2019) at noon.  Gee, I am sure Finance Officer Jurrens announced in one of the March council  meetings she had resigned from the Chamber.  WOW did I really just see her nose grow?

At 2:50 p.m. Mayor Glas returned on a run, rushing into the Finance Office announcing to Finance Officer Jurrens, “you were right”.  Mayor Glas continued to report that 300 East Fourth Street was OMG, “shingling their roof…there was not building permit…HE KNOWS BETTER!”  Finance Officer Jurrens picked up her phone (not the fancy one with all manner of bells and whistles a salesman brought in that morning which she will no doubt pitch to the city council, she just has to have it or she cannot function without it!) and called the roofing contractor, left a message for him, “…to contact her right away…!”  Then Wanda was sent out with Ballots?  WHY was Wanda doing anything with Ballots?  About an hour later, the contractor showed up suitably apologetic for the lapse in building permit.

Through-out the day Finance Office Jurrens and Ass’t Halvorson scurried back and forth, in and out of the Finance Office, going here, going there, Post Office, Nursing Home, to lunch and etc.  Folks, you really need to bring a comfy lawn chair, sit in the atrium and observe the ‘going-on’ of the Finance Office.  It is no wonder, they Need illegal OT or Comp Time to finish their work!

It was the home stretch of my marathon observation, when a disgruntled IA-Roo made his appearance.  I watched him walk back and forth for about a half hour, presumably to build up his courage.  Finally at 6:20 p.m. his courage at its peak, he stopped in front of me and began his little dance-wing-dipping, squawking out, “…I don’t like my name in the paper…”  Well Mr. IA-Roo, I was black-balled by the newspaper some time ago.  I have NO articles in the local paper. Now I just content myself with my news reporting medium-www.avoicefromthegallery.com

Mr. IA-Roo claimed “…he OWNED the vandalized curb and gutter…he had been given permission to vandalize the curb…”  WHO gave you permission, Mr. IA-Roo?   Mr. IA-Roo opines he has lived in Alcester for 25 years and, etc.  Mr. IA-Roo I have lived in Alcester since 1988 (31 years).  However Mr. IA-Roo whether I have lived here 31 years, you have lived here 25 years or your neighbor across the street has lived here all of his life  none of us can lay claim to ‘preferred status’. Mindful of my position of poll observer, I responded more congenially than Mr. IA-Roo deserved.

I told Mr. IA-Roo the curb vandalism would allow water to filter down behind the gutter, collect underneath the street causing voids and faults which would lead to street damage.  Now I didn’t use all those big words with him, fearing he would not understand.  Surely Mr. IA-Roo through his tenure in Ames and Iowa City (noted Iowa hubs of education) some modicum of extended learning may have rubbed off.  Nope?  There goes the osmosis theory of education!

Mr. IA-Roo the municipality owns a proscribed number of street-width feet which is measured from the center-line of the street to the curb and beyond.  A portion of  that city owned footage is from the curb inward, toward the residential structure generally to provide for utilities.  Mr. IA-Roo the developer paid to install the curb and gutter, which was added to the price of the lot.  Through ordinance, the cost of attrition of curb and gutter attached to Anderson Street has become the liability of the land owner. YOU DO NOT OWN THE CURB AND GUTTER!  In addition Mr. IA-Roo according to the CC&R’s which “run with the land” (a copy should be attached to your title), that residential lot could not be sub-divided legally.

Mr. IA-Roo your act of vandalism creates a potential for down-stream damages to your neighbors, for the taxpayers of Alcester and I suspect you could be charged with a misdemeanor for the curb destruction.  Speaking of misdemeanors, hopefully Councilman Lance wasn’t the one who gave you permission.  Mr. IA-Roo when you chose to school someone, perhaps you should have more than a tenuous grasp on the subject matter!

 

 

 

 

 

 

 

 

 

 

 

 

 

Mayor Tom Glas called the April 1, 2019, regular meeting of the Alcester City Council to order with Alcester Councilwoman Melissa Kay, Alcester Councilman Lance Johnson, Alcester Councilman Dan Haeder, Alcester Councilwoman Linda Talbott, Alcester Councilwoman Darla Reppe, Alcester Councilman David Larsen and Alcester City Attorney Sam Nelson present.

Mayor Glas called Pledge, Approve Agenda w/Executive Session Personnel, and Approve Minutes of March meetings which the council dispatched approval with no discussion with the exception of the multiple Executive session amendment.

Agenda Item #5-Patrick Andrews of SECOG – presented a draft Ordinance Amendment to the Planning and Zoning Ordinances to the council.  The agenda item was noted for a motion to approve a First Reading.  WAY TO GO Mayor Glas.  This Ordinance needs a public hearing, so affected property owners can voice their opinions BEFORE the first reading.

Planning and Zoning Ord.

Motion by Councilman Lance Johnson (01:14:56) “…amended to Ordinance 2019-01 Correct?…”  Councilman Dan Haeder, “…that is correct”

NOTE:  Significant beneficiary of this change is Alcester City Councilman Lance Johnson who by his admission in the March meeting wanted to build a garage on North Anderson Street to house his fifth wheel trailer.  First Lance Johnson has already violated “regulations, agreements and conditions running with land” on the parcel ID 01.11.10.1035.  #1. “… No structure shall be erected on any of said lots except for residential purposes…”Residential purposes shall be defined as a single family or duplex residences…” #4. “No residential lot shall be re-subdivided…”

Folks imagine you have just purchased a house for $150K and some free-range rooster who has sub-divided a residential lot, and wants to build a $2K corn-cribbed garage on it so he can park his $35K Hauls-it-all camper next to your life’s investment!

Agenda Item #6 – Public Input – I responded with input.  I delivered/served an updated-amended FOIA for the information I requested in my June 12, 2018, FOIA which resulted in my complaint to the Office of Hearing Examiners of Finance Officer Jurrens’ violation of Open Records. There was a brief discussion on time budgeting for the ‘time cards’ I requested.  I touched on the Personnel policy manual to be discussed in Agenda Item #14 (e) and I warned the council of their excessive, perceived abuse of Executive session and I also warned each employee and/or personnel issue must be treated as separate executive sessions for SDCL 1-25-2-1:

SDCL 1-25-2 allows a public body to close a meeting for the following purposes: 1) to discuss personnel issues pertaining to officers or employees;

Discussion in the executive session must be strictly limited to the announced subject. No official votes may be taken on any matter during an executive session. The public body must return to open session before any official action can be taken.    Board members could be held personally liable for the results of an official vote taken illegally during an executive session. For example, a contract approved only during an executive session could be found void and the board members could be required to repay any public funds spent under the contract.  (https://atg.sd.gov/docs/Open_Meetings_brochure_text_2015.pdf)

After my remarks the council asked Alcester City Attorney Sam Nelson for an opinion.  As expected Attorney Nelson’s opinion differed from mine with the main argument lying within expediency justification.  I would offer the following quote to Attorney Sam and the Alcester City Council,

“If you don’t have time to do it right, when will you have the time to do it over?” 

John Wooden

Agenda Item #10 – Water/Wastewater- The singular noteworthy item here is the need for an irrigation pump.  Finance Officer Jurrens gave the update with the commentary of, “WE (who?  The city bookkeeper and the Cottonelle dandruff in her drawers?)…assume pipe and wire are in good shape… her recommendation Goodland Pump…”

Agenda Item #14 (c) – Special meeting to canvass the votes and any other city business on April 15, 2019, at 6:00 p.m.  *This is most likely when the Planning and Zoning Ordinance Amendment public hearing will take place.  Please be sure to come to Hear and be Heard!

Agenda Item #14(e) – Policy Manuals/Comp Time  (01:18:55) (Councilwoman Melissa Kay asked “…old or new manual…”)  to be brought up later (01:19:25) (Councilman Dan Haeder, “…to be brought up later…”)

Agenda Item #19 – Executive Session- Personnel SDCL 1-25-2.1  Mayor Glas  called for motion to go into Executive session.  (01:25:19)  Councilwoman Melissa Kay moved to go into Executive Session per SDCL 1-24-2.1 Personnel, Councilwoman Linda Talbott seconded the motion.  There was no further discussion, the vote was called, resulting in a unanimous AYE vote.  Mayor Tom Glas led the council like a Judas goat leading sheep to slaughter into Executive session at 7:26 p.m. “for the purposes to discuss the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor;”

Ladies and gentlemen this was an illegal Executive session!

Sorry City Attorney Sam,  here is where the rubber left the road!  Look above and read the SDCL 1-25-2.1 AGAIN.  Let’s go line by line:

“for the purposes to discuss the qualifications, competence, performance, character

for example, this could be the Finance Officer’s qualifications, the Finance Officer’s competence,

character or fitness of any public officer or employee or prospective public officer

the Finance Officer’s performance, the Finance Officer’s character or the Finance Officer’s fitness

or employee…”

The purpose of this Executive Session was Personnel Policy Manual as recorded in Item Agenda #14 (e)(I) Personnel Policy Manual/Comp Time Discussion.  Listen to the Video. (01:19:25) The comment at the calling of Agenda Item #14 comp time was,

“…to be brought up later…”

 

Salary versus Wage Test –  to be exempt an employee must be paid at least $23,600 per year ($455 per week), be paid on a salary basis and perform exempt job duties.

Finance Officer Jurrens – $46,009.60 per year

Ass’t Finance Officer Halvorson – $34,091.20 per year

Duties Test – to be exempt an employee performs Executive duties, Professional duties or Administrative duties.  Supervision of  two or more employees.  Handling employee grievances or complaints.  Office or non-manual work, provide support to the operation or production employees, public relations,

Finance Officer Jurrens – current operational description of the Finance Officer job exempts her from comp time or over-time.  Exempt-definitely and comp payments must be paid back to the city!

Ass’t Finance Officer Halvorson – current operational duties include supervising pool employees, handling pool employees grievances or complaints, handling and reporting general public complaints, performs office and non-manual work, and provides support to the operation or productions employees.  Exempt- can be argued to be exempt and not qualify for comp time or over time and moneys paid out must be repaid to the city!

Ladies and Gentlemen- Comp time, Overtime was the discussion of the ONE HOUR AND 36 MINUTE EXECUTIVE SESSION– NOT the performance, qualifications, competence, fitness or character of Finance Officer Jurrens, Ass’t Finance Officer Halvorson, Water Supervisor Dale Pearson, or Street Superintendent Lon Johnson.

Mayor Glas declared the council out of Executive Session at 9:02 p.m. and immediately called for a motion to adjourn.  Councilman Lance Johnson moved to adjourn, Second came from Councilwoman Darla Reppe, NO discussion and a unanimous Aye vote.  Council adjourned at 9:02 p.m.

Last evening, a special meeting of the Alcester City Council was convened as the municipal Board of Equalization to conduct hearings on what property owners feel are inaccurate property tax assessments.  While the council conducts these hearings, other city business can be conducted after the Equalization Board portion of the meeting has been completed.

Mayor Glas opened the meeting at 6:00 p.m. with Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilwoman Darla Reppe, Councilman David Larsen and Mr. Larry A. Nelson of the law firm Frieberg, Nelson and Ask present.  Absent were Councilman Dan Haeder and Councilman Lance Johnson.  Mayor Glas opened the Alcester Council Special Meeting with the Pledge of Allegiance and called for Approval of the Agenda.

Agenda Item #4 – Equalization Meeting 6:00 p.m.  No call to order, just Mayor Glas announcing the Alcester Board of Equalization had received no objections to property tax valuation.  Finance Officer Jurrens offered a summary relating to the 5% increase on structures as Council members inspected tax valuations for their respective wards.  At 6:17 p.m. Mayor Glas declared the Alcester Board of Equalization out of session.  Note:  Mayor Glas seems to have Mr. Magoo’d the Alcester Board of Equalization meeting calling it out of session without ever calling it in session.

Agenda item #5 – Mayor Glas called for public input:  I responded with an introduction of five documents I had distributed to the council members seating placements prior to the 6:00 p.m. start.

Document #1– a highlighted discussion of FLSA describing Exempt employees, Non-exempt employees, salary tests, definition of executive jobs, professional jobs, and administrative jobs.

Document #2 – a highlighted Job Description, for the position of City Finance Officer, December 2014 presumably authored by Finance Officer Jurrens which she presented to the South Dakota Hearing Examiners Office as proof of her authority to deny me access to public records through excessive, illegal charges for services.

Finance Job Description 

Documents #3 – copy of pages purporting to be compensatory time accumulations for Alcester full time city employees with specific emphasis on the Alcester City Finance Office, Finance Officer Pat Jurrens and Wanda Halverson.

Comp Time Log

Document #4 – a copy of a spread sheet which compared the two finance office employees.

Spread Sheet

Document #5 – A sample Overtime Approval Form.

Sample Approval Form

The results of the information contained within these documents show Finance Officer Pat Jurrens is exempt from overtime pay or comp time!

In addition, my February 28, 2019, FOIA/Sunshine request asked for,

“… 2.  A full and complete copy specifically but not limited to Alcester City Council pre-approval of finance office personnel (Patricia Jurrens, Wanda Halverson, Shoshanna LNU) overtime and comp time, justification of overtime and comp time, council roll-call vote for over-time and comp time, date of Alcester Council approval of over-time and comp time, council vote to exceed the limit of over-time and comp time, roll call vote of council exception to over-time and comp time limits, justification for exception of policy and all full and complete minutes of Alcester City Council Meeting relating to over-time and comp time specifically for Finance Officer Pat Jurrens, Wanda Halvorson and Shoshanna LNU of the Alcester City Finance Office…”

I was not given the information requested in item number two (2) of my FOIA request nor was I given an explanation as outlined in that FOIA request.

“… If  you deny any or all of this request, please cite each specific exemption you feel justifies your refusal to release the information and notify of the appeal procedures available to me under the law…”

In light of the absence of documentation of approval for overtime by Mayor Glas and with the Finance Officer job description ‘evidence’  Finance Officer Jurrens supplied to the South Dakota Office of Hearing Examiners in the city’s response in Larsen v. City of Alcester, Finance Officer Pat Jurrens was not and is not entitled to the 239.89 hours of overtime or comp time for which she expects remuneration.

At the conclusion of my input, I asked the Alcester City Council review the documents I supplied to them and asked they table the issue until they familiarized themselves with the issues I presented.  Councilwoman Melissa Kay responded a committee formed of Mayor Glas, Councilman David Larsen, Councilwoman Melissa Kay and Alcester Finance Officer Pat Jurrens had met, researched and discussed at length the numerous issues arising out of her ‘comp time’ and attempted to justify an executive session to discuss comp time.  I reminded Councilwoman Kay, Mayor Glas and the Council, Executive session is for Specific Employee discussion not General issues.  Therefore when Mayor Glas called for Executive Session and discussed “general comp time issues ” Mayor Glas violated open meeting.

Agenda Item #8 – Compensation Time  The council discussed issues of Finance Officer Pat Jurrens Comp Time, all those weekends, late nights, Chamber of Commerce Meeting, Golf Cart Road Trips to measure trees, organize parades, window peep for dogs and etc. which apparently made up the corn maze of Finance Officer Jurrens comp time diary.

Mayor Glas and his committee discussed options of paying Finance Office Jurrens ‘comp time’ in one lump sum or over several months.  The rate however was not divulged, so is it the $40/hour she attempted to extort from me or is it perhaps some other extortive amount?

Folks, Finance Officer Pat Jurrens is exempt from Overtime or Comp Time.  Remember not long ago when Mayor Glas and Finance Officer Jurrens re-defined the position of Alcester Police Chief as hourly labor rather than salaried and why?  Alcester Council members, you DO NOT have any documentation of Mayor Glas’ approval, you do not have written justification why extra time was needed to complete Finance Office tasks, you have no written justification why the work could not be completed during office hours or any Need for the overtime hours.  There is no sign off from Mayor Glas.  No approval was given, overtime did not happen!  Finance Officer Jurrens either perjured herself to the Office of Hearing Examiners with a Alcester Finance Officer Job description she knows is operationally fiction or she is falsifying overtime/comp time she knows does not apply to her function as Alcester Finance Officer!  Mayor Glas did nothing to curtail the fiscal abuse and the finance office version of daylight savings time padding-move the time-clocks ahead!  Oh that is right, cell phones are used to clock-in sans time cards.

Agenda Item #10 – Executive session to discuss personnel.  At 6:50 p.m.  Council moved into executive session for personnel SDCL 1-25-2-1,

“Executive or closed meetings–Purposes–Authorization–Violation as misdemeanor. Executive or closed meetings may be held for the sole purposes of:

             (1)      Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term “employee” does not include any independent contractor…”

with Councilman David Larsen, Councilwoman Kay, Councilwoman Talbott, Councilwoman Reppe and Legal Counsel Nelson in session.  After a period of time, Finance Officer Jurrens was called into the closed session.  Once the door was closed behind FO Pat there was a trill of laughter.  H-m-m-m!  After another shorter period of time FO Jurrens exited from the closed session.  At 7:29 p.m. Mayor Glas declared Alcester City Council out of Executive session.

Upon re-seating the Gallery, Mayor Glas stated on the record a complaint regarding the city finance office’s handling of elections had been lodged with the city.  Mayor Glas stated the city of Alcester and Finance office would continue handling elections as they had in the past.  NOTE:  The city finance officer is in charge of elections procedures in municipalities per SDCL 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; “

During my run for Ward III representative, sixteen (16) ballots were not returned to the ballot box and not sealed within the ballot box per protocol.  Instead those sixteen ballots laid on top of the ballot box, unsecured overnight in the office of Alcester City Finance Officer Jurrens.  Alcester Finance Officer Jurrens failed in her duties resulting in sixteen(16) spoiled ballots!  While the count did not appreciably affect my election run, I believe it did affect the recycling question count and outcome.

So Mayor Glas says the city is going to continue handling elections as Finance Officer Jurrens handled them in the past?  Now isn’t that warm comfort!

Agenda Item #9 – Planning and Zoning  The garage issue.  The city has had two requests to build stand alone garages on residential properties.  Two requests have been made for variances to build a garage in the Broad Street area and I believe another on Anderson Street to house an RV which is contrary to the codes and covenants of the addition.  So the city is being asked to forfeit property tax for an RV garage not in-line with the primary property.  Now this means no street maintenance tax, low-ball property tax on a $15K RV storage garage instead of property taxes on a $30K-$50K residence.  Tell your Ward representatives you object to variances of these types!

Agenda Item #12 – Adjourn at 7:57 p.m.

Mayor Tom Glas called the March 4, 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 Alcester City Attorney Tom Frieberg present.

After the Pledge of Allegiance, Mayor Glas called for Agenda Approval.  The agenda was amended by a motion from Councilman Lance Johnson to reflect the change of moving agenda item #7-CBDG loan to Taylor Forbes to the March 18, 2019, special Board of Equalization meeting and moving up agenda item #17- Executive Session, Personnel- SDCL 1-25-2.1 into the agenda item #7 spot. “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.  The term “employee” does not include any independent contractor.”  Councilman Lance Johnson’s motion was approved unanimously.

Motion to approve the February 4, 2019, minutes as presented by Finance Officer Pat Jurrens without change was made by Councilman David Larsen.  Councilwoman Melissa Kay seconded the motion and following the absence of discussion, the council approved Finance Officer Jurrens recording of the minutes.  I find this interesting in the light the ‘official’ minutes published in the newspaper, Alcester Union-Hudsonite neglected to reflect what has been described to me as a lengthy discussion on Comp Time to the tune of 222.6 comp time hours accrued by Finance Officer Pat Jurrens.

I would like to take you back in time to when Rick Johnson as Mayor made loud noises telling our water and street department guys when they had to take their comp time and designated (I believe) a 16 accrued hour cap.  Compensatory time is, “…referred to as comp time, is paid time off given to a non-exempt employee instead of overtime pay. Rather than paying employees time and a half in overtime pay, a company which has a comp time policy gives paid time off from work, for the equivalent amount of time to the extra hours worked …”  The key to this definition and implementation is that a government entity does not operate in the same continuum as private businesses.  In addition the street and water departments are often called upon overtime hours when clearing and removing snow.

Now I would like to bring you forward in time to the present to our police department.  Law enforcement in South Dakota is exempt from receiving over-time pay.  i.e. if a law enforcement officer puts in 45 hours, he does not get 40 hour straight time and 5 hours over-time at 1.5 times the straight time rate.  He gets 45 hours at straight time.  Now the city has the option to voluntarily do the decent thing and pay them OT for hours in excess of 40 hours but Alcester has not elected to extend that nicety to our law enforcement.  In fact, our city recently upon the employment of our current police force changed our police chief from a salaried position to an hourly paid position.  After I asked via FOIA/Sunshine request for the hours, over-time hours, vacation time hours, was stone-walled by Finance Officer Jurrens and Mayor Glas, and filed a complaint of violation of FOIA/Sunshine Law with the Office of Hearing Examiners against the city of Alcester the city did move toward offering comp time to our law enforcement.  At this point I have not had an opportunity to look at the city personnel policy or police policy manuals, ’cause just prior to my complaint of violation Finance Officer Pat Jurrens attempted to charge me $40/hour for just looking at documents I requested through FOIA.  In fact during a meeting Councilman Lance Johnson whined my request was causing over-time in the City Finance Office.

Councilman Lance Johnson’s off-hand remark is what peeked my curiosity because it was my understanding Finance Office Pat Jurrens was a salaried appointment.  Generally speaking, salaried finance office positions do not receive over-time.  I will touch discussion on this subject in more depth later.

Agenda Item #5 was Dwight Berglin’s presentation of the 2017 city audit.  Feel free to ask Finance Officer Jurrens to provide a copy for taxpayers to read at their leisure.  One of the most noteworthy admonitions was the General Fund showed a loss of $52K, a violation on Budget expenses exceeded income.  Credit Risk!  Again an observation regarding sub-sufficient material control issues, dual control and over-sight.

Agenda Item #6 Public input.  None.

Agenda Item #7– Executive Session for Personnel SDCL 1-25-2.1  Motion was made by Councilwoman Melissa Kay, Second by Councilman Lance Johnson, No discussion, unanimous aye vote.  Meeting went into Executive session at 6:30 p.m. with mayor, council, Pat Jurrens and Tom Frieberg in the session to discuss personnel, Pat’s Comp Time ya  ‘spose?

Immediately upon exit from Executive Session at 7:05 p.m. Mayor Glas once again resumed the meeting without allowing the gallery to re-enter the council room. Error!  Councilman Lance Johnson attempted a garbled, motion to form a committee to meet with Finance Officer Pat Jurrens to discuss comp time issues, future resolutions, review current policy on comp time.  Did I call it or did I call it?  Folks this illegal executive session is a violation of open meeting!  Mr. Freiberg should have called it, but he didn’t.  Councilman Dan Haeder stepped in after the hic-cupping, garbled and strangulated motion attempt of Councilman Lance Johnson ceased and formed a motion to set up a committee of Councilman David Larsen, Councilwoman Melissa Kay, Mayor Glas and Pat to meet to rewrite current policy on comp time.  Councilman Lance Johnson finally got his tongue unwrapped from his tonsils to make a second and with no further discussion or meeting time and date, the council voted unanimously in favor of the committee.  Tom Frieberg left the meeting immediately upon the motion approval coming out of the Executive Session.

In addition, here is a request for freedom of information.  Please note what information I requested and the detail specifics for which I asked.  This is important to what I received.

Now I will present the fruits of my FOIA!  Please note the nature of the record is a compilation of comp time, note the lack of authorization for over-time which resulted in the ‘comp time’ and note the lack of justification for the over-time hours which would result in ‘comp time’!

Agenda Item #10 Police Department  Mayor Glas and Finance Officer Pat Jurrens were attempting to circumvent and violate the Fourth Amendment rights of dog owners by asking the Alcester Police Chief to issue dog license violations on those folks who had not purchased dog licenses and without witnessing dogs running-at-large.

Adjourn  7:58 p.m.

I felt some items from the October 1, 2018, Alcester City Council meeting needed additional attention.  First and foremost is the fact it is the Mayor’s job to set the agenda, not the finance officer’s position to decide any agenda item or fill up the agenda with her own ‘agenda’ items.

I would also like to point out what Mayor Glas deems necessary to conduct a city council meeting; one sheet of paper (which I presume is the agenda), one bottle of water, a pen and of course his name plate (see October 1, 2018 city council video)

Agenda Item #8 – Street Updates I have already shared the news that there will be no chip sealing of Alcester City Streets.   

• WHY?
• WAS THE 2018 MONEY BUDGETED FOR STREETS SPENT?
• WHAT WAS IT SPENT ON?
• WAS THE APPROXIMATE $37K FUNDS RECEIVED THROUGH THE STREET MAINTENANCE SPECIAL ASSESSMENT SPENT?
• WHERE WAS THE $37K STREET MAINTENANCE ASSESSMENT SPENT?
• IF NOT SPENT, WHERE DID THAT $37K GO? GENERAL FUND OR THE STREET FUND?

Notice our city streets especially where recent patching appears.  Many of our streets carry a black stripe about 18 inches in width which abuts the cement gutter and runs, almost the length of the block.  Wonder why?  The next time you take your robot-arm-friendly-trash container to the curb, think about where the wheels of the robotic garbage truck are juxta-positioned in relation to the curb and gutter as it latches onto your trash receptacle, now consider how heavy that Great Robotic garbage truck is (approx. 33,000 lbs empty to 51,000 lbs full (9 ton load)) and finally, consider the weight of vehicles for which the streets were designed all those years ago. Notice the squish effect in those areas of the streets not yet ‘patched’.

Agenda Item #10 – Police Department  As I have already discussed in the 10/01/2018 A Voice From the Gallery, I spoke up and was dinged for being out-of-order.  I invite you to go back to the October 1, 2018, video at (01:09:17) and listen to what Alcester City Attorney Sam said to the council, “…you do not have to answer questions from the gallery…”  and as I reported, a few moments later Alcester City Attorney Sam thought better of his response and requested time to, “…to go back to the On-Call…” and upon permission Alcester City Attorney Sam stated, “… in previous discussions (closed session) he had briefed the council on possibilities with regard to the On-Call Solution with a $2K compensation…”

Now folks let’s go back in time to the salary versus wage discussion the council had concerning the rate of pay and for Alcester Police Chief Jeff Christie where Alcester City Attorney Sam offered his opinion concerning what I would term the safer course of wage payment (CTA) for the Alcester Chief of Police would be a per hour wage over the then current offer and past practice of salary payment.  Again, I do believe all discussions relating to per hour wages versus salary were in closed session.  I believe that portion of the closed session was in violation of South Dakota Opening meetings statute because the council and Alcester City Attorney Sam were discussing changing a department payment schedule NOT discussing a specific employee.

I also believe Alcester City Attorney Sam the portion of the closed session/sessions discussing police payroll payments to which you referred (01:09:17), involving the over-time exemption rule and method of compensating our police officers for the hours they spend on-the-job was a generic discussion type of payroll payment not an individual police officer was another violation of South Dakota open meeting statute.  In addition, I believe Alcester City has the ability to compensate our police officers with overtime pay “at Alcester City’s discretion”.  Folks imagine working as a small town police officer where 60 or 80 hours on duty time is required.  Imagine the $18.00 per hour wages for only the 40 hours the council deigned to pay, now do the math!  Federal 2018 minimum wage is $7.25 per hour and South Dakota 2018 minimum wage is $8.85 per hour.  So at some point in those 80 some hours required of Alcester Police Chief and police officers, our law enforcement could be making less per hour than what Alcester pays a first year pool staff, non-WSI.

Now Alcester City Attorney Sam opined during the MUTCD (Manual of Uniform Traffic Control Devices) conversation something about Federal jurisdiction within a municipality.  I must have missed the change in US sovereignty after I graduated.  As I recall in an over-simplified form the Federal government holds sovereignty as outlined in the United States Constitution and grants sovereignty to the individual states who in turn grant sovereignty in form to its counties and municipalities.  I do believe the tenth amendment addresses this sharing of power and sovereignty protection to states, counties and municipal governments.  Simply put the Federal government relegates power to states, states relegate power to counties and cities.  The kicker being as I understand the power trickle- down theory in which states, counties and cities may amend Federal statute but ONLY to make the law more restrictive not less restrictive.  Analogy- the state of South Dakota says bars must close at 2:00 a.m., Alcester Council says,  “Madam Woolworth says she cannot possibly clear the bar at 2:00 a.m., so we will allow her to close at 2:30 a.m. and we will make an ordinance that affirms a 2:30 a.m. closing in place of the state mandated 2:00 a.m. closing.  Alcester does NOT have the authority to over-ride state statute (SDCL 35-4-81.2) by loosening the restrictive 2:00 a.m. state closing time to a less restrictive 2:30 a.m. closing.

Now onto Agenda Item #12 – Special Projects  

• Agenda Item #12(E)(I) Wow! It appears I have achieved special projects status.  I asked for FOIA (Freedom of Information or South Dakota Sunshine) to obtain payroll reports of the total hours and line item break-downs of regular hours, over-time hours per and payments made per week over an approximate two year period for Alcester Police Chief Doty and Alcester Police Officer Dylan Nelsen.

In the past I have made FOIA requests for additional information not presented to or  made available to the residents of Alcester or the gallery.  In addition I always wondered when the push back was going to happen, so I was not overly surprised at the tactic Alcester Finance Officer took upon my June 12, 2018, FOIA request for the payroll reports.

I did not receive a denial but I did receive the next best thing a provisional billing from Finance Officer Pat Jurrens of the City of Alcester for, “…$40.00 per hour for Eight (8) hours of research time to pull time cards and check stubs…to produce copies…” for a grand total of $320.00.  I sent a reply that I would just access them without asking for copies.  I received another copy of the provisional billing stating, “…the cost would remain the same…”  Really?  Then I found there are NO TIMECARDS to pull, the employees use their cell phones or as I witnessed a week ago Alcester City Finance Officer Pat Jurrens logs them in on her computer.  In the course of this Pat-a-cake push back scenario, I requested the name of the accounting program and the name of the payroll program(QuickBooks and CheckMark respectively)both have the capability of producing reports detailing in an Excel-type format, the information for which I asked.

So feeling I had paid out enough line, I set the hook and filed a complaint with the South Dakota Office of Hearing Examiners detailing my official request and the City of Alcester reply.  This constitutes the 8 hour special project charge against the Finance Office.  Really?  Now Alcester Finance Officer Pat Jurrens expects $40.00 per hour

JUST TO DO HER JOB?  REALLY?

• Agenda Item #12(E)(II) – Special Projects-Tree trimming Database/Letters-134 – 12 Hours. Oh my dear sweet, old Aunt Tillie!  Are ya kidding me?  12 hours to write a form letter reciting a tree-overhang violation?  Folks, think about it, obviously FO Pat has not.  Type up one form letter citing the code violation, save form letter to file, copy the list of residents from the water bill data base onto Avery Labels times 2 (one label for the letter and one label for the envelope), fold copies, insert into envelope, seal envelope, stamp and trot on down to the post office and that takes twelve hours.  Oh that is right we have a Property Maintenance Code Enforcement Officer Geoff Fillingsness, just what does he do now for his fee again?  Somehow I do not think he is running around in a golf cart with his young finance office live-in kid-at-your-back protégé eyeballing branch height and Kodaking the weed heights.  Nope I just do not think so, but I have noticed a pole on the street sweeper and I do not think that it is for a flag!

Again Special Project-Twelve hours? FOR DOING HER JOB? I am relieved the city has a janitor, I would hate to see how many hours it would take for the Special Project of changing the toilet paper in the City Offices restrooms!