Tag: Union County States Attorney Jerry Miller

05/16/2022 A View From the Gallery

Education is not the learning of facts but the TRAINING of the mind to THINK

Albert Einstein

          The  May 16, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, and Alcester City Attorney Sam Nelson.

          Agenda item #3 – Approve the agenda.

          Agenda item #4 – Ward II council seat vacancies – no takers.

          Agenda item #5 – Public Input

                   Vickie Larsen – I spoke to the Mayor Haeder resistance to Direct Deposit for his employees.  Instead he continues to shirk his duty as mayor to sign checks and cause delays in employees being paid.  Mayor, if you cannot fulfill your duties as mayor, step aside ‘butter-cup’ and let someone DO the job and not wait for FOPAT tell you what to do.  I ‘pontificated’ on the need to dump excess baggage of the Code Enforcement albatross.  Common sense tells us we have property nuisances, Property Maintenance Guides and statute define what constitutes a nuisance, and if we must put some legal muscle into fulfilling the property maintenance ordinances we most assuredly have an attorney who can handle the ins and outs of the legal process with Alcester City Attorney Sam.  Why do we need to spend $25.00 per hour to interpret common sense, a yea-sayer who writes up nuisances described to him by FOPAT and we have a self-proclaimed ‘expert’ (definition ‘ex’=unknown quantity and ‘spurt’ = drip under water pressure. So Mr. Fillingsness does come into Alcester charging $25.00 per hour after hour for the same nuisance (one could say a FO) which exerts her opinion (an unknown quantity of  FOPressure to do her take on the nuisance.)  H-m-m.

                   James Bolin (r) introduced himself as a returning senate candidate South Dakota District 16.

                   Richard Vasgaard (r) introduced himself as a returning candidate for representative South Dakota District 16.

                   Councilwoman Darla Reppe spoke to complains Mike Burke’s captive too-tall grass behind his fence.

                   Councilwoman Linda Talbott spoke to complaints of cats, rats and raccoons.

          Agenda Item #6 – Alcester Bar.  Theresa Deem lessee, presented her ninety (90) day notice of termination of her lease with the city for the bar building stating, “…she has had it…”  She presented the notice in person and in the form of a written statement dated May 16, 2022, and with the termination and vacation of the city property on August 15, 2022.  Mayor Haeder waxed poetic about Captains of Industry, yet it was his call to set the city up in competition to the Deems business at the Alcester Bar. 

          The council were left wondering, “now what do we do…”  Well Ladies and Gent of the council, SELL that rotting pile of wood and plumbing.  Get the city out of owning property.  SELL the building/ property and get it back on the tax rolls.  Common Sense move!  The building is still not completely fixed and the city would be throwing good money after bad with all the force of a catapult and then pompously compete for the same saloon market.

Let the City Council Know!

          Agenda Item #7 – Community Center Update  Clint Nyreen

          Agenda Item #8 – Golf Course Hire David Larsen as Clubhouse  Attendant and Greens keeper.  Now this could get entertaining.  Now that Mr. Larsen no longer carries the power of Councilman, how do you ‘spose he is going to tolerate orders from Landon and FOPAT.  Is it too late to put cameras in the clubhouse for instant replay?  Mr. Larsen was hired at $13.50 per hour.

          Agenda Item #9 – Legal Updates – Sam

          Agenda Item #10 – Executive Session to discuss issues under the guise of SDCL 1-25-2.1 (Personnel) and SDCL 1-25-2.3 (Legal consultation).  Session started at 6:39 p.m. and ended at 7:53 p.m.

          One must assume this session dealt with the condemnation as well as the upcoming meetings with FCS, Jerry Miller, Union County Commissions dealing with the sale of properties to FCS.  One has to wonder what piddly amount FCS is going to offer for the land?

          Agenda Item #11 – Fairground discussion  Authorize Alcester Attorney Sam to appraise city property – not to exceed $7500.00.  Approved unanimously.

          Agenda Item #12 – Affordable Housing

          Agenda Item #13 – Wastewater Tanya

          Agenda Item #14 – Street Repair Vote to allow yet another rental of equipment to chew up the streets and make them flat again.  $1800.00 for one month rental approved unanimously.

          Agenda Item #15 – Plat map Joint Meeting of the City Council and the City Council acting as Planning and Zoning Committee to recommend and receive recommendation from the same four council members regarding the plat containing what is referred to as the four-plex on Lee Drive. ( Lots 8 thru 11, Block 8, Numsen Addition)  Motions were approved unanimously on this issue.

          Agenda Item #16 – Chairperson updates (busy work for the council members, like they have not had their duties increased already)

          Agenda Item #17 – Golf Course/Albatross  Addition of two greens-keepers above David Larsen, and the Addition of three clubhouse attendants.  Wages ranging from $11.00 per hour to $13.50 per hour.  Approved unanimously.

          Agenda Item #18 – Finance Office Updates

          Hire of Abigail Moore to the aide to the finance Officer.  So now we have Moore or FOPAT’less’ in the city offices.  Council Approved unanimously Moore at $14.50 per hour.

 Addition of a Library Board member at the termination of David Larsen. Councilmember Cyndi Peeples volunteered for the post and was accepted 3 ayes with one abstention declared by Councilwoman Peeples.

          Agenda Item #19  HRC Update

          Agenda Item #20  County Fair Update None

          Agenda Item # 21 – Executive Session  not needed

          Agenda Item #22 – Adjourn  Meeting adjourned 8:53 P.M.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples            605-934-2096

Councilman Lukas Driesen                 605-934

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

05/02/2022 A Voice From the Gallery

The only true free-thinker is he whose intellect is as much free from the future as from the past. He cares as little for what will be as for what has been; he cares only for what ought to be. And for my present purpose I specially insist on this abstract independence.

– Author: G.K. Chesterton

The  May 2, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen.  Alcester City Attorney Sam Nelson absent.

Agenda Item #3 – (00:44.70) Approve agenda unanimous vote upon the removal of new council agenda item #10-plat map approval.

Agenda Item #4 – (02:07.27) Approve minutes of the 04/04/2022 and 04/18/2022 council meetings

Agenda Item #5 – (02:57.50)  Approve warrants.  What time period?

Agenda Item #6 – (03:33.13) Adjourn old council.

                              (07:06.93) David Larsen leaves at 6:07 p.m.

******************************************************************

New Council Agenda Item #1 – (08:12.03) New council called to order at 6:08 p.m.

New Council Agenda Item #2 – Oaths of Office

(09:46.50) Oath of Office administered to Councilwoman Darla Reppe-2 year term

(10:39.43) Oath of Office administered to Councilwoman Linda Talbott-3 year term

(11:44.43) Oath of Office administered to Councilman Lukas Driesen-3 year term

New Council Agenda Item #3 (12:54.53)  2022 Council Committee assignments.

New Council Agenda Item #4  (14:53.83) Ward II vacancies – 2 seats Awe no one wants a FOPAT on their back!

New Council Agenda Item #5 (15:36.07)  Election of Council President and Council Vice President.  So begins the DO-OVER goat rodeo of parliamentary procedures. (00:16:13.97)  Mayor Haeder announces, “…there will come a time…when I will not be here at 12:30 ANY Monday…ever…” 

IS THE MAYOR SAYING HE CANNOT/WILL NOT FULFILL HIS DUTIES AS MAYOR?

(00:17:40.80) Nomination of Lukas Driesen as President of the Alcester City Council and (00:18:51.17) nomination of Linda Talbott as Vice President of the Alcester City Council.  At (00:20:23.27) we need a DO-OVER ’cause according to FOPAT, Councilman Lukas and Councilwoman Linda respectively should have abstained from voting for themselves.  Where is Sam?  Did he not get the invitation?

New Council Agenda Item #6 – Bank Account Signers- (00:22:49.73)  Mayor Haeder calls, (00:23:07.63) “…motion to remove David Larsen from all city bank accounts at Premier Bank and add (a) and add (b)…in one fell swoop…but we can do it all…”  (00:23:34.50) FOPAT tells the Mayor,“… in your motion I would have uh indicate Wanda and myself (FOPAT) that way the bank…when they get the minutes…they know exactly who we all have on the account…”  (00:25:06.87)  Improper procedure—-DO OVER…AGAIN OH-OH another oopsy-doodle.  Where oh where has our Sammy gone.  Once again Mayor is grossly ignorant of procedure.  To abstain or not to abstain and now we have to negate the motion by letting it die from inaction.  Proper or improper parliamentary procedure to advise the council.

New Council Agenda Item #7 – Public Input  (00:29:59.90)

New Council Agenda Item #8  – Legal Updates (00:31:57.33)

New Council Agenda Item #9 – Police Update and Police Procedure Policy action.

New Council Agenda Item #10 – Deleted  will be dealt with at a later date.

New Council Agenda Item #11 – (00:56:26.40) Alcester Fairgrounds  Alcester Fairgrounds.  Alcester has no fair.  Union County has a Fair.  In the discussion of the Union County Fair,  (00:58:17.03) it was reported that CEO McDaniel suggested during the April 27, 2022, (closed to the public meeting) with select Union County Commissioners, select Alcester City Council members along with Fair Board members, “…get private donations, fund-raise to build new fairgrounds from citizens after the sale of the current fairground lands to FCS…”  Folks, I attempted to attend this meeting and was told I could not attend.  In addition reporter Gordon Richard was turned away at the door.  Commissioner Joffer indicated the commissioners wanted full transparency.  From the reports of discussion I heard during last evening’s council meeting, I see no transparency what-so-ever.  (00:58:17.03)  Mr. McDaniel  reportedly stated (00:59:21.17), “…FCS wants possession by the fall of 2023…” Is that true?  Mr. McDaniel reportedly went on to say (01:00:18.07), “…if we cannot make money and expand, we will go elsewhere…”  

FREE WILL OR BLACKMAIL?

It was reported in the discussion from our council members that Mr. McDaniel proceeded to give them the benefit of his grand expertise (01:00:50.03), “…you (presumably our council and commissioners) need to focus on a five (5) year plan…”

Additional reporting of the Wednesday, April 27, 2022, discussion, (1:01:52.43) it was reported either FCS or the Union County Commissioners demanded the city’s assurances the proceeds from the Alcester City Land assets were to be turned over to the Fair fund. 

(1:02:39.13)  Mayor Haeder’s remarks on the ownership of the land surrounding the former Alcester Steakhouse are in error.  The owner of the land around the former Alcester Steakhouse is the Alcester Industrial Park, Inc. a non-profit NOT THE CITY OF ALCESTER!

(1:03:29.63) Contrary to opinions from the mayor and FOPAT, “…wrong, the citizens of Alcester have a say and they deserve full and complete disclosure!  The City Council is obligated to inform the Alcester Residents of any attempted disposal of city assets!!!

(1:04:08.57)  FOPAT thinks (Heaven helps us), “…an agreement would have to be drawn up…if the city is willing to put 100% of the sale proceeds to be reinvested into the fair…but if the fair is no longer here…the investment will come back to the city…”  Talk about a scam.  What do you think Folks?  Are ya willing to lose your streets for pie-in-the-sky on a fair spin-the-wheel bet?

New Council Agenda Item #12 (1:15:40.00) Finance Office Updates

New Council Agenda Item #13  -HRC Update – (1:36:23.10)

New Council Agenda Item #14 – Fair Board (01:41:54.03) Discussion on the 2022 fair.  Listen to Mayor Haeder’s wild hair.  (01:41:54.03)  Mayor Haeder says, “…we could, we could make this the Clay County Fair in Iowa…in Union County…”  Mayor you have delusions of Grand Marnier!

New Council Agenda Item #15 – Executive session SDCL 1-25-2.1 Personnel – Council votes to go into executive session to discuss personnel which I suspect is to discuss personnel at the community Albatross.  Executive Session began at 7:48P.M. and ended 8:17 P.M. approximately one-half hour later.

New Council Agenda Item #16 – Adjourn Meeting  8:17 p.m.

          Folks call your City Council members, Contact your County Commissioners, let them know.  Think about it when the county takes this land out of taxable status as it will for the fair, our school loses the tax income and our county loses tax income.  By the Union County Commissioner’s purchase the old Steakhouse,  they have removed a property valued at anywhere from $160,800.00 to $200,000.00 from the tax rolls and reduced funding for our school and county. 

Let your commissioners and city council know this must go to a public vote!

Let them know if FCS doesn’t like our terms, they are welcome to follow through on their threat

and while we are asking questions,

When is the city going to finish working on the streets?

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilwoman Darla Reppe              605-934-2602

Councilwoman Linda Talbot             605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

Union County Commissioners

Commissioner Milton Ustad            Milton.Ustad@unioncountysd.org

Commissioner Rich Headid             Rich.Headid@unioncountysd.org

Commissioner Tom Kimmel           Tom.Kimmel@unioncountysd.org

Commissioner Michael Dailey           Mike.Dailey@unioncountysd.org

Commissioner Kevin Joffer            Kevin.Joffer@unioncountysd.org

04/18/2022 A Voice From the Gallery

Once again folks, Let the council know what you think.

The  April 18, 2022, meeting was called to order by Mayor Dan Haeder with a recitation of the Pledge of Allegiance by Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples, Councilman Lukas Driesen, Councilman David Larsen and Alcester City Attorney Sam Nelson.

Agenda Item #3 – (01:05.77) Approve agenda unanimous vote.

Agenda Item #4 – (01:37.23) Ward II vacancy – no one wants to have Pat on their back.

Agenda Item #5 – (01:51.47)  Sealed Bid Openings for the Metal Clad Building and the Rheem Air conditioner.  Regan Homandberg submitted a bid of $1200 for the building and was accepted.  No action on the Rheem Air Conditioner.  (06:50.47) FOPAT addresses the city attorney for advice on the Rheem air conditioner, isn’t that the Mayor’s job?

Agenda Item #6 – Public Input – none

Agenda Item #7 – (08:04.63) Affordable Housing – FOPAT (08:13.17) says, “…ok I talked with Harley at SECOG…” regarding the fee for the feasibility study.  Indicating a grant agreement could be entered into with a matching amount to what the city would be paying.  By the way  Madam FO Ms. Harley Ferguson of SECOG is a profession colleague, not a “Ladies Night Out” familiar!  (10:06.33)  Councilman David Larsen queries, “…How long will this take?…” with regard to the feasibility study.  Folks I took a class in which we had to do a feasibility study, factors considered were economics, technical, legal and scheduling for the success of the project depending upon the cost and return on investment and a plan B for unanticipated factors of implementation.

          Similar to what should have happened with the Alcester Community Center, but does not appear to have happened.  Things which should have been explored such as details of the project, product, service and business plan.  What is the local market, what is the broader market, what is the marketing strategy in detail?  What are the staffing needs, scheduling and timeline for completion and launch.  Financials, how much money budgeted and how much real money involved.  (11:20.50) Motion was made and passed for the grant application with (12:14.60) Motion to approve Resolution 2022-01 for matching funds and ending with (12:46.83) approval of study fee match.

Agenda Item #8 – (12:55.23) Legal Updates   (13:56.67) South Dakota Statutes covering the nuisance cause of action.  In other words the legal justification for condemning property which I believe is covered in SDCL Chapter 21-10, more specifically 21-10-3, 21-10-4, 21-10-5, 21-10-6 and so on. 

          Interesting point here as I was researching the Nuisance Statutes was 21-10-25.4 dealing with water pollution or land overflow not affected by protected status such as the repeated flooding of a private residence as a result of poor engineering and 21-10-26 Logging slash definition which semantically could be applied to wood arising out of tree trimming.  Kind of like what the Mayor has in his back yard, logging debris consisting of tree tops, limbs, cull logs and other separate vegetation which would house rats, mice and other vermin. 

          (15:42.10)  Councilman David Larsen asked about city reimbursement if (the city) had to pay for clean up, legal costs and liabilities.  City Attorney Sam replied (15:56.33) upon the court determination of nuisance the city could appropriate the property and sell to recoup demo costs, taxes, liens and or any interests accrued.  Now folks think about it, you are looking at a vacant lot with no house on it or just a dilapidated garage would you purchase a lot valued at $5243 with no house or just a garage but with say $20,000.00 demolition cost, back taxes and legal fees of goodness only know how much.  Oh and don’t forget the building permit to put something back on the property.  So for the sake of argument and rounding, the city would be asking you to subsidize their choice to spend somewhere between $25,000.00 to $30,000.00 for an appraised lot worth only $5243.00 or less?  So in answer to Councilman David Larsen’s question will the city be reimbursed for their clean up costs, their legal costs and oh yes let’s not forget the loss of tax revenue for unknown number of years, Nope, no way, not worth it! 

Agenda Item #9 – Wastewater Facility Upgrade  (0:18:33.80)  FOPAT makes the statement, “…UH my personal recommendation would be is…I would…looking at doing this in a relatively quick time…”  As FOPAT states this is her personal recommendation, not a financially based recommendation but her Personal recommendation.  I do not know about you folks but I place absolutely no value in her personal recommendation.  I do, however, wonder why that map (0:20:48.87) she handed out to the city council, “…to refresh their minds…” does not appear on the city website and contrary to giving the public access to all materials (excepting those dealing with executive session material) dispensed to the council.  How can we ask intelligent questions on something we are being kept in the dark about?  (0:21:21.50)  Oxymoron when asked why can’t the water be laid with the sewer.    FOPAT says, “…you can’t use sewer money for a water line…”  So tell us how are sewer bills figured?  Aren’t those figures derived or based upon water usage?  (0:26:40.33) Councilwoman Darla Reppe asks, “…so we don’t have all the money, does this mean our water bills will go up again…?”  Short answer, Yes your water bills will go up again.  Folks call Mayor Haeder at 605-934-2287, 605-770-7929 or ask FOPAT at 605-934-2517.  Apparently they have all the answers along with a death grip on our pocket books. 

Agenda Item #11 – Police Department (0:36:23.17)  Truck decal upgrade.  Present decal is cracking and shedding.  Question of truck wiring and corrective measures. 

Agenda Item #12 – Library – summer hire. 

Agenda Item #13 – Committee Chair Updates – (0:48:37.00)  Chair reported no report but FOPAT reported she had a complaint about a wastewater back up (0:48:55.10), Mayor Haeder promotes Tide Pods.  Note white powder pods probably should not be used because they pack-up and cause blockages of the sewer system.

Agenda Item #14 – Golf Course and Community Center. (0:55:26.43)  Hire of an outside worker.  (0:57:24.93)  14B Councilman David Larsen comments of meetings with Employee Mike Croy regarding request for raise due to increased responsibilities in job description.  (0:59:08.13) Councilwoman Linda Talbott wants to talk about the raise issue in Executive Session 1-25-2.1 Personnel under Agenda Item #16.  Council discusses this for a minute or two and agrees to push the executive session discussion into Agenda Item #16.

Agenda Item #15 – Finance Office – (1:00:21.57)  Assistant Finance Officer position was offered and the person wanted some time to think it over.  No action taken.

Custodian Hire, LeAnn Haisch at $11.00 per hour.

Agenda Item 15D  Motion to pay Quam, Berglin & Post for the audit.    (01:03:39.00) Audit cost spread:  $4250.00 out of general fund, $2125.00 out of Water Fund and $2125.00 out of Sewer Fund for a total $8500.00?  (01:04:30.40)  Councilwoman Linda Talbott asked the question, “…how much has that gone up…?”  FOPAT answered, ” …over the last three years, $500.00 year…”  Then the question was asked, WHY?  (01:04:55.20)  FOPAT answers, “…I haven’t asked…”  Really?  (01:05:20.97)  Council before you take a step as suggested by FOPAT and City Attorney Sam, revisit the past.  The council did change auditors for a cheaper auditor.  Yeah well safe to say, “you git what you pay fer” (01:05:43.20)  Let’s take a trip back in time, FOPAT.  Remember back on November 7, 2016?  Let me refresh your memory FOPAT, that was the meeting where you stiffed Mr. Berglin $500.00 ’cause you couldn’t figure out Quick Books, a program you former employer sold.

I was there while FOPAT made Dwight Berglin cool his heels beyond his schedule time, until Mayor Glas finally called Audit Review.  OMG Finance Officer Pat had to slide close to Mayor Glas so she could page through the Mayor’s copy of the review to get him on the correct page.  It would have been hysterically funny watching Mayor Glas lick his finger, press down and carefully rolling the page over with an utterly vacant look on his face, as if he hadn’t been the sitting Mayor.  Again the lack of segregation of duties was an immediate concern of the audit.  As Mr. Berglin left the meeting, the question was asked, “…do we need to approve this (meaning the audit review)…?”  finance Officer Pat Jurrens replied, “NO”.  Then finance Officer Jurrens went on to discuss the bill for the Audit cost of $9500.00 .  She related  because of ‘anomalies’  in the QuickBooks Program, our accountant told her there would be an extra charge of $500.00 due to the extra work Accountant Berglin had to perform.  Finance Officer Jurrens claimed she was not advised of the QuickBooks foible.  Really this is supposed to be in her scope of duties and alleged expertise!  So the City of Alcester, to our shame, allowed the accounting audit bill to be short paid by $500.00 ’cause FOPAT couldn’t  figure the QuickBooks program out and Mr. Berglin accepted $500.00 less for his extra work.

Folks it appears FOPAT is hell-bent on a re-run of history.  Please note in the video where she pushes to have the accountant appear to ‘explain’ the increase in fee. (01:06:17.70) The extra fee was because Mr. Berglin had to school you in accounting FOPAT.  So FOPAT do you not get and expect an annual COLI (Cost Of Living Increase)?  So why piss and moan about paying the $500.00 increase of cost of doing business?  Perhaps if you managed the city’s accounts better, our accountant would not have to spend so much time at the card game called Memory and what you call the city accounts.

Agenda Item #16 – Executive Session – (01:09:49.80) 

SDCL 1-25-2.3 Legal –  (3) Consulting with legal counsel or review communications from legal counsel about proposed or pending litigation or contractual matters.

Now folks to the best of my knowledge the SRTS flooding litigation has not been resolved, so it stands to reason this is the communication about proposed or pending litigation. 

 Okay  but what about the SDCL 1-25-2.1 Personnel issue regarding raise in wages discussion that Councilwoman Talbott wanted moved to this agenda item?  H-m-m?  According to statute similar to initiative constraints – one subject per executive session to be legal i.e. South Dakota Constitutional Amendment Z, Single-Subject Rule for Constitutional Amendments (2018) Time will tell.

Council went into Executive Session for SDCL 125-2.3 Legal at 7:10 P.M. and lasted until 8:18 P.M. 

          City Hall lost power at or around 8:15 P.M.  At 8:18 P.M. Mayor Haeder called the council back into public meeting.  Power was still out.  I kept my camera running without room light for audio recording purposes.  (01:11:57.17)  Mayor Haeder addressed the wage raise for employee Mike Croy.  Since the council did not come out of the Executive Session for SDCL 1-25-2.3 and then failed to go back into Executive Session of SDCL -25-2.1 Personnel, because Mayor Haeder and the council felt free to discuss the raise in wages for Mr. Croy in open session it is obvious discussion of this employee/personnel issue took place under the SDCL 1-25-2.3 Executive Session violating the single subject rule for Executive Sessions.  Mayor Haeder and the council stand in violation of open meeting law.

So just when and how long did  (01:13:08.97) Mayor Haeder and the council discuss the appropriateness if wage increase and the value of this employee?  They agreed to revisit this issue (0:59:08.13) in Executive Session but Executive Session 1-25-2.1 Personnel was never entered into.  Sam?  So the motion was made, seconded and approve to give Mike Croy a wage increase to $15.50 per hour.

Agenda Item #17 Adjournment.  Council adjourned at 8:21 P.M.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

04/07/2022 A Voice From the Gallery

          Mayor Haeder apparently is still hanging on to his opinion he has more of a say where the Union County Fair is located that the Union County Commissioners and the Union County Voters.

Union County Commissioners:

  • District 5. Milton Ustad (Chairman) 410 W Maple. Beresford, SD 57004.
  • District 3. Rich Headid (Vice-Chairman) 605 Lakeview. North Sioux City, SD 57049.
  • District 1. Tom Kimmel. 111 Doral Lane. Dakota Dunes, SD 57049.
  • District 2. Michael Dailey. 48183 335th st. Jefferson, SD  57038.
  • District 4. Kevin Joffer. 108 E Clay, Elk Point, SD 57025

          Folks the above listed gentlemen who will make the decision to sell land and/or re-locate the Union County Fair.  One would hope in the process of that decision, they would voluntarily schedule a county-wide vote to allow the citizens of Union County to make a decision that would be most equitable for all concerned citizens of Union County.

          Commissioner Ustad, Headid, Kimmel, Dailey and Joffer, I sincerely hope if you gents decide to consider a sale of  the fairgrounds to FCS you would attach iron-clad strings to the sale with attached enforcement of those strings laid out in detail.  Strings where you specifically lay out in detail the use of the land, the particulate emanating out of the operation of FCS on the land, protect the waterway which runs parallel to the land specifically but not limited to the damming or diversion of the waters contained within that waterway and the closure of South Street to all semi tractor-trailer truck traffic other than the three properties bordering on the south side of South Street.  As time goes on, I am sure I can come up with other strings.

          Please note the following documents, these laid out rules for the lease and Mr. Edward K. Mathers, certified Surveyor gave his opinion on the map:

Once again folks, Let the council know what you think.  Let the Union County Commissioners know what you think.

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

03/07/2022 A Voice From the Gallery

“Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it.”
― Laurence J. Peter, The Peter Principle

The  March 7, 2022, meeting was called to order by Mayor Dan Haeder and the recitation of the Pledge of Allegiance by Councilman David Larsen, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Cyndi Peeples and Councilman Lukas Driesen.  Absent was Alcester City Attorney Sam Nelson.

Agenda Item #3 – Approve  Agenda which was accomplished without change.

Agenda Item #4 – Approve the minutes of the February 7th and February 21st meetings of the council was achieved without any changes or corrections made.

Agenda Item #5 – Call to fill Ward II vacancy went unanswered, evidently no one wanted a Pat on their back!

Agenda Item #6 – Public Input  – I (Vickie Larsen) answered the call for public input.  I asked the question, who approved the verbiage of the advertisement in the local paper for a vacancy in the city finance officer.  Listen to the non-answer I received from Mayor Haeder. (02:56.50), “…I don’t know if anybody had an opportunity to look at it ( the advertisement for a finance office employee)  I asked about the water rates yet again, no answer.  I have  received comments from folks who only used 200 gallons yet were billed for $110.00 =/- and another about someone who is not yet living in the house, but received a bill for $191.00  I asked about the status of active lawsuits and once again received a non-answer. (03:25.13) and finally I commented on remarks made by a Brosz employee and Mayor Haeder regarding trusting our past chip seal providers/bidders for street sealing to provide the materials they bid with. 

Agenda Item #7 – Legal Updates unavailable.  Evidently City Attorney Sam Nelson did not receive an invitation to the council party last night.

Agenda Item #8 – Police Department  Chief Schuller gave his report, reorganization of police statistics, explained lines of jurisdiction.  (0:19:45.37)  Councilwoman Darla Reppe asked the question about the legality of law enforcement sitting at the side of the road with their lights off.  Councilwoman Reppe related an incident where she was coming into town one evening after dark on 301st street/6th street and came upon law enforcement parked along the road with lights off.  She stated she was startled and worried about hitting the law enforcement vehicle ’cause she couldn’t see it.  I would point out the speed limit notification of 25 MPH speed limit (residential city) is posted twice.  One furthest east is a warning of speed limit and the second sign is the point where the speed limit is 25 MPH.  These signs are posted just below the hill on the east side of the cemetery as one travels west which should slow a vehicle enough to avoid colliding with a vehicle at the side of the road.

(0:25:33.63)  Executive Session called for Police Department SDCL 1-25-2.1 Personnel.  Council went into Executive Session at 6:25 PM and came out of Executive Session at 6:41 PM having spent 16 minutes in Executive Session.  No action taken.

Agenda Item #9 – HUD Discussion – Discussion took place concerning what I believe was a ZOOM meeting with regarding HRC and housing needs within the city of Alcester.  The Alcester HRC was developed to build housing with a plan that once the that housing unit/units was fully occupied it would be sold with the profits from the sale to build more units.  It was meant to revitalize those portions of the city with aging and dilapidated homes being torn down and replaced with new low to medium income housing.  (0:27:46.87)  Councilman David Larsen made the comment that good ideas came out of the meeting with the suggestion of a survey of needs.  However (0:28:18.13) Councilman Larsen notes that there is a cost to that (a survey) and at (0:28:35.57) Councilman Larsen says, “…the… heh, heh…I am thinking…a couple of thousand dollars…”

Agenda Item #10 – Finance Office Update

          Approval of February Warrants was passed. 

          Property taxes and property valuations were discussed in line with the upcoming Board of Equalization meeting in conjunction with the Alcester City Council meeting on March 21, 2022.  (0:48:49.20) Councilman David Larsen asks the question of FOPat and her response.  (0:49:32.10)  Councilman Lukas Driesen asks the question about the continuation of the ‘curb tax’ or as FOPat calls it the street maintenance fee assessed on our properties.  (0:49:46.00)  Hear FOPat’s answer.  Folks FOPat’s answer is not entirely correct.  She does not ultimately control that fee.  This fee can be revoked by an Initiative.  In South Dakota, people are allowed to propose or refer legislation at the state and also local government levels.  Persons seeking to propose or refer an ordinance or resolution shall first register with the city clerk’s office before the petitions are circulated for signatures.

See additional information SDLRC 9-20 – https://sdlegislature.gov/Statutes/Codified_Laws/2036508

Agenda Item #11 – Golf Course Surplus Property.  Items deemed as surplus property were discussed and listed as surplus property valued over $500.00 were itemized as the cart shed and the Rheem A/C unit and per requirement were listed for the advertised sealed bid process. 

          The balance of the surplus items under the $500.00 value were to be listed on market place and in printed advertisement for April 18, 2022, meeting.

          The council also appointed an appraisal committee consisting of three residents of Alcester who are property owners.  This committee will appraise the items of surplus in accordance with SDCL 6-13-1, SDCL 6-13-2, SDCL 6-13-4 and SDCL 6-13-5.

          The council voted unanimously on all three questions of Agenda Item #11.

Agenda Item #12 – Community Center – the purchase of room dividers has moved forward.  The problem that I have, the council has approved the $1894.00 per each of the room dividers but the connectors and the freight was not disclosed to the council or the public.  (1:19:14.97)

          Mayor seems to be blissfully ignorant of what the staff job descriptions of the community center are as he repeats the motion and attempts to match up a wage with a position title.

Agenda Item #13 – Volunteer Roster  Additions and deletions were made and approved by vote.

Agenda Item #14 – Executive Session SDCL 1-25-2.1 Personnel  Council went into Executive Session for purposes of SDCL 1-25-2.1 Personnel at 7:42 PM, asked FOPat and Wanda to join them at 8:15 PM and Exited Executive Session at 8:51 PM. 

Total time spent in Personnel Executive Session, one (1) hour and nine (9) minutes.  No public action taken!

Agenda Item #15 – Adjourn  8:52 PM

Contact City Council

Mayor Dan Haeder                             605-934-2287      605-770-7929

Councilman David Larsen                  605-934-2434

Councilwoman Darla Reppe               605-934-2602

Councilwoman Linda Talbot              605-254-3074

Councilwoman Cyndi Peeples

Councilman Lukas Driesen

Patricia Jurrens                                  605-934-2517

11/02/2020 A Voice From the Gallery

“the argument from intimidation is a confession of intellectual impotence” Ayn Rand

Prior to the official beginning of the meeting a remark was made by Mayor Haeder with regard to the importance of the next day (November 3, 2020, election day)  Check out how on top of things one council member was, “’cause she asked if there was something important going on?” (00:00:18.63)  Listen to the response.  Note here that the set-up for voting was on the agenda.  So Councilman Talbott, that was your first hint it was election day on Tuesday?  

The November 2, 2020, version of a city council meeting was called to order by Mayor Dan Haeder with council members Marcus Ireland, Linda Talbott, Darla Reppe, David Larsen, Alcester City Attorney Sam Nelson and of course Melissa Kay seated and ready for city business.

The council and gallery members recited the Pledge of Allegiance.

Precursor to approval of the agenda concerning Executive Session (00:03:13.30)  A flashback to a child’s game where in the world is…?  The council was looking for their #2  SDCL 1-25-2.2  I told them School!  After more discussion, they finally figured the conundrum out but does beg the question how many law students does it take to read SD executive session law?  What No Cliff notes for law?

Agenda Item #3 – was the approval of the agenda. (00:05:20.13)  Some discussion regarding the time and appropriateness of an Executive Session to cover two separate properties and the presence of Geoff Fillingsness, enforcer.

Agenda Item #4 – approval of the October 5th, October 7th and October 19th minutes of meeting.  The motion was made by Councilwoman Darla Reppe, Seconded by Councilwoman Linda Talbott but at the call for discussion there actually was a call on the accuracy of the minutes of those meetings by Councilwoman Melissa Kay, although she could not seem to get the correct date.  H-m-m  First it was October 19th but then it was October 7th.  Ironically it was both meetings with inaccuracies in the minutes.  The purpose of minutes of an official meeting is to reflect accurately movements of the meeting without descending into editorializing.  Gee, somebody should have schooled bookkeeper Jurrens about that duty.  Of course one cannot be sure just who is taking those minutes whether it is bookkeeper Jurrens or the junior bookkeeper/receptionist.

Bookkeeper Patricia Jurrens writes in the minutes of October 7, 2020, “At 6:09P.M . …During discussion… (correction)Alcester Councilwoman Vickie Larsen waived her right to executive session and asked the meeting be open and her camera on to record the proceedings, the council said No it was not her right, Alcester Councilwoman Vickie Larsen insisted it was her right as the object of the session.  The council said it was their right to closed session and not hers…Alcester Councilwoman Vickie Larsen then asked the motion be delayed to the next meeting so she could have her attorney present.  The Alcester City Council then asked, “…do you have an attorney on speed dial” Alcester City Councilwoman Vickie Larsen answered, “NO”…The Alcester City Council then asked, “Is your attorney here…” Alcester City Councilwoman Vickie Larsen answered, “NO”  The Alcester City Council then made the statement, “You have no right to council…”  A loud discussion ensued…”

The council finally meandered through their approval of the October 19, 2020, minutes in error and postponing approval of amended minutes of October 7, 2020. (00:07:08.97) Bookkeeper Jurrens lead Councilwoman Melissa Kay by the nose to the conclusion that (00:10:33.53) Vickie Larsen refused to abstain from voting.  Really?  I stated I did not refuse to abstain (00:11:05.50), I was STILL a member of the Alcester City Council and bookkeeper Jurrens is NOT a legal authority. 

Agenda Item #5 – Executive session – Interviews for Ward III Council Seat.  No takers, do ya’ll s’pose I should have volunteered again?

Agenda Item #6 – Pushed back for the 6:30 P.M. scheduled Sealed Bid Opening-

Agenda Item #7 – Public Input – I reminded the group about an accounting error on Bookkeeper Jurrens part regarding cash back on credit card charges at the golf course I had raised in during my audit required oversight session with bookkeeper Jurrens. (00:14:41.20) In the October 19, 2020, meeting bookkeeper Jurrens answered my question with a non-answer that the city did not retain customer information.  I did not ask that question.  I commented the city should not be advancing cash back refunds on credit card purchases just for cash in the pockets purposes.  This is a practice similar to paying for a purchase and writing the check for $50.00 over the amount.  This is a bookkeeping no-no and ripe for fraud accusations against the city and/or customers.  Just a bad bookkeeping practice all the way around!  Once again bookkeeper Jurrens says, “…the city does not retain customer information…”  Non-answer. The second part of my input was to present Alcester Councilwoman Kay with a partially corrected paper of her design. (00:16:27.30) (00:30:35.40)

Agenda Item #8 – street updates

Agenda Item #9 – water/wastewater- pumps on order

Agenda Item #10 – Police Department Update by Chief Christie-  Chief Christie advised the council of military ordinance discover and the clearing of the munitions.  Police Chief Christie emphasized if someone in the community comes across similar discoveries of munitions is DO NOT TOUCH, CALL 911. (00:22:26.23)

Agenda Item #11 – Landfill/Cemetery – received a donation for trees for the cemetery.

Agenda Item #12 Golf Course/Library – short a Library board member, need a volunteer.

Agenda Item #13 Legal Updates – Involving 307 Iowa property, 204 Ofstad property and the Employee Manual Update.  There will be a resolution for the employee manual update at a future meeting.

The properties of 207 Iowa and 204 Ofstad will appear later under Executive session.

Agenda Item #14 – city street sign replacement – Update per Wade Dahl in a 2023 project.  My opinion Alcester should contract in a joint powers agreement to lower prices.

Agenda Item #6 – 6:30 P.M. Bid Opening for Police Office Glock   Bid was awarded to the highest bidder, John Wegh.

Agenda Item #15 – Old School Center – Second reading of 2020-16 Revised.

Agenda Item #16- Executive session – not needed beyond properties.

Agenda Item #17 – Finance Office Updates 

Website- Alliance hosting the site.  Finally!!! (00:16:11.80)

          2021 Operating Agreements – Liquor Licenses

Agenda Item #18 – HRC Update Meeting to happen sometime according to Mayor.

Agenda Item #19 Alcester Community Center – Bookkeeper Jurrens gave a summary. 

Agenda Item #20 – EMS Update  According to Councilwoman Kay the city has no interest in Alcester Ambulance so why is this an agenda item?  H-m-m?

Agenda Item #21 Update on Work Comp volunteer roster nothing to add or delete?

Agenda Item #22  Chit-chat session until Code Enforcement Officer Geoff Fillingsness finally shows up.

Executive Session for 1-23-2.3 Legal/Contractual matters involving 307 Iowa property and 204 Ofstad property. Motion by Councilman Marcus Ireland, Second by Melissa Kay no discussion and vote 5 X ayes.  6:57 P.M.  I must gather up my camera, tripod, see-through back pack, and  leave the room.  Mayor Dan Haeder supposedly shuts down the city’s camera which is not removed nor is it cloaked.  Leaving the Finance Office computers up and running, leaves all council personal phones in the room, leaves the City Attorney’s computer in the room and at let us not forget bookkeeper Patricia Jurrens still has her fanny parked in her chair of unsolicited advice.  H-m-m?

At 7:30 P.M. Executive session is still on-going when Code Enforcement Officer Geoff Fillingsness is excused and the meeting continues with Mayor Haeder, Alcester City Council members, Alcester City Attorney Sam Nelson and bookkeeper Patricia Jurrens.

At 7:37 P.M. Mayor Haeder calls the Executive Session out of session, allowing us back into the council room.

At this point I had activated my camera prior to returning to the room trying to forestall the rapid fire resumption of open meeting without allowing us to seat ourselves.  Unfortunately I inadvertently activated close up setting which resulted in a 3 to 5 minute close up of Alcester City Attorney Sam Nelson’s face.  A close up worthy of pore counting ability.  I elected to edit that 3-5 minute section from the video ’cause I really did not think Alcester City Attorney Sam would appreciate that close up.  During that time there was no vote on the matters of the Executive Session. Mayor Dan Haeder called for Adjournment, Alcester Councilman Marcus Ireland moved to adjourn, Alcester Councilwoman Melissa seconded the motion and of course a unanimous vote to adjourn times five ayes. 

Contact City Council

Mayor Dan Haeder                   605-934-2287

Councilman David Larsen        605-934-2434

Councilwoman Melissa Kay     712-557-0689

Councilwoman Darla Reppe    605-934-2602

Councilwoman Linda Talbot    605-934-1849

05/18/2020 A Voice From the Gallery

“THE SECRET OF FREEDOM LIES IN EDUCATING PEOPLE WHEREAS THE SECRET OF TYRANNY IS IN KEEPING THEM IGNORANT”.

Maximillien Robespierre

 President of the Alcester City Council (mayor pro tem) David Larsen called the Special Meeting of the Alcester City Council to order at 6:00 p.m. with the following council members present; Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman David Larsen, Councilwoman Darla Reppe, Councilman Dan Haeder and Alcester City Attorney Sam Nelson seated at the council table.

The Pledge of Allegiance was recited by the council and gallery.

Upon the completion of the pledge recitation and immediately prior to the call for approval of the agenda, I called ‘point of order’. I chose this method because Finance Officer Patricia Jurrens placed Input as Agenda Item #8 well behind any opportunity to point out errors in her agenda. I addressed the error of announcing in Agenda Item #4 Mayor and Ward II vacancy under subsection (a) was a motion to approve the appointment of Dan Haeder as mayor and I pointed out that this move had the effect of shutting out the voters of Alcester as well as the council who were unaware of proper procedure and were being ask to take Finance Officer Patricia Jurrens legal opinion on this. South Dakota Statute SDCL 9-9-8. Absence of sickness of mayor-Acting President-Acting mayor and SDCL 9-13-14.1, 9-13-14.2 and 9-12-14.3 deals with this issue as well as the 2014 Supplement 2.575 Vacancies in the SDML publication. In addition to the error of Agenda Item #4, Agenda Item #5 dealt with announcing the vacancy of Ward II and Ward III. At this point I asked Councilwoman Darla Reppe if she was vacating her seat on the council, she answered, “no she was not” which left Councilman Dan Haeder’s newly (shoot the shine was barely off the Ward III seat) appointed seat up for grabs. But according to statute, if the council appoints a sitting ‘brother’ councilman as mayor–he takes on all the duties of mayor pro tem until the next election and retains his vote as Ward III representative unless it creates a conflict and he must abstain. Kind of a complicated thing to grasp.

A spirited conversation ensued as you can witness in the video. Upon the conclusion of the discussion the motion was made to approve the agenda with agenda items #4 and #5 deleted from the agenda with 4 ayes and 1 nay. Agenda Items #4 and #5 were deleted.

Agenda Item #6– Signatures was called to allow Councilman David Larsen and Councilman Dan Haeder to power of signature with the bank.

Agenda Item #7-Credit Card Charge Limit to be raised and one additional card holder to be added for a grand total of $5,500.00.   Now folks it seems $5,500.00 is out-of-line for emergency purchases. In fact I have been advised that $5,500.00 is excessive for emergency purposes for a city credit card. I agree. If you ever get an opportunity (IF) to view warrants of finance office purchases, instead of going down Alice’s rabbit hole you will enter the cluttered closet of our recycler of discarded households.

Agenda Item #8-Public Input- Now folks in the interests of open meetings and the public right of input on any business before the council the agenda item of public input is usually at numeral placement of item 3 or 4 to keep the meeting open to the public and not force them to stay in meeting ’til 9:00 p.m. and then the input is rushed ’cause the council is ‘tired’ and want to go home.

I did ask who all had access to city credit cards at varying amounts–Answer to name a few- Finance Officer Pat, Ass’t Finance Officer Wanda, Dale, Lonnie, Chief Christie, with the most recent addition of the librarian.

Agenda Item #9 – Swimming pool- The discussion should we or shouldn’t we open the pool and how do we handle it. Do we have enough personnel and so forth? Who is going to do the cleaning and how often. Dudes have ya ever seen the wipe down frequency of a doctor’s office? I can assure you the nurse does not hand you a wet wipe and tell you to wipe the exam table down, much less have a lifeguard tell a ten year old that once he/she has wiped their derriere to pull out a wet wipe ‘n’ wipe the toilet seat down A-N-D then wash their hands?

From the sounds of the discussion the pool may or may not be open.  One caution, if one placards a known danger and yet opens the danger to the public, who gets sued jointly and severally?   Sioux Falls has closed their pools, hint, hint, hint!

Agenda Item #10 Golf Course Clubhouse Manager- Wait did we not just hire a clubhouse manager? Yup and now we are at it again. Oh but wait to you hear. We had a committee of three council members who over-see and keep track of the arm of the city which involves the golf course. Now the agenda item is described as motion to hire Michael Croy. First question was from Councilwoman Talbott and to the effect what happened to the most recent club house hire? Answer, that person is no longer there. Really? Okay but the problem is that Councilwoman Talbott was one of the committee. H-m-m Then comes the question, when is the interview,   Answer? Yup you guessed it. The interview already had happened WITHOUT Councilwoman Talbott. Next question from Councilwoman Talbott, why didn’t you let me know? No answer. W-O-W Last question who did the interview? Are ya ready?—–-why Councilman David Larsen and Finance Officer Patricia Jurrens! Really the town bookkeeper? Alcester Bookkeeper Jurrens has no authority and it appears she FAILED to notify at least one council member who did have the authority. Talk about getting run off the road and then bookkeeper Patricia drove her bus over the real councilwoman. Are we really going to put up with her over reach?

Agenda Item # 11 Legal Updates- Ordinance 2020-06 (amendment) First Reading

Agenda Item # 12 Planning and Zoning – Notice of amendment of district, Notice of hearing for public input schedule for 7:00 p.m.

No Executive sessions

Agenda Item #14-adjournment 7:11 p.m. Meeting adjourned

NOTE from the quote above and the secret of freedom, it seems a whole lot of tyranny is goin’ on.

*Update as of yesterday 05/18/2020 and my check in with SD DCI the election violation case is still alive.

 

Tyranny is defined as that which is legal for the government but illegal for citizenry.

Thomas Jefferson

05/15/2020 A Voice From the Gallery

Folks, we have no mayor. 

 

Check out what the plan is for Monday!

lookee, lookee all the amendings and revisions.

 

Input has been placed where the public cannot speak on whether they want a special election for mayor and Ward II council person and not an appointment done under the table! 

NOTE the decision has already been made in secret by author of agenda.

Agenda Item #4 a) , motion to approve the appointment of Dan Haeder for Mayor until next election.  This was done in secret, no open session!

 

Agenda Item #12 Amend Ordinance?  So Amend the height of the contract variance Again?

 

COME TO THE MEETING 

 

 

LET YOUR VOICES BE HEARD!

08/28/2019 A Voice From the Gallery

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

when we tolerate what we know to be wrong,

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

when we fail to speak up and speak out,

we strike a blow against freedom, decency and justice.

Robert F. Kennedy

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

According the South Dakota Statute:

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

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

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

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

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

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

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

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

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

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

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

MALFEASANCE is

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

I AM COMPLAINING NOW!

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

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

AND

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

05/18/2018 A Voice From the Gallery

HEADS-UP!

Upcoming meeting!  May 21, 2018  6:00 p.m.!

WARD I VACANCY  YOU CAN STILL SIGN ON!

05-21-2018 AGENDA

05-21-2018 AGENDA II

May 7, 2018, published Minutes

05-07-2018 COUNCIL MINUTES EXCERP

*************************************************************************************

Still discussing Madam’s stools. 

Lifeguards-Interesting how the video states Finance Officer Jurrens advising Councilman David Larsen the minimum wage was $8.81 per hour and Councilman Larsen made the motion of minimum wage at $8.81 per hour for Abby Walth.  Yet the minutes published in the May 17, 2018, issue of the official city newspaper, the Alcester Union-Hudsonite listed the minimum wage as $8.85 per hour.  The council moved, seconded and voted unanimously on the amount of minimum wage as proclaimed by Alcester Finance Officer Pat Jurrens.  The council relied on her ‘expertise’, Oops!  Now the May 17, 2018, minutes need to be amended to reflect the actual action, then correct Finance Officer Jurrens gaff, and re-publish.  The first publication cost taxpayers $112.48, so what is the additional cost to fix the error?  People want to know what is going on.     

Now this is one goat-rodeo where the goat got loose!  I have a problem when the minutes do not reflect the action, presto-change-o the error magically corrects itself upon publication.  Check out the video in the May 7, 2018, meeting (02:23:27).  H-m-m video and audio trumps the published minutes and this time ya cain’t blame the publisher.

Still working on the minutes, please note below where the published minutes announced, “… Lance Johnson was not in attendance to take his Oath and the Vacant Ward I seat will be filled at the June meeting…”  Yup that is what they say.  Take a gander at the Agenda for May 21, 2018, Agenda Item #10 (a) Mayor Glas to appoint Linda Talbott to Ward I Vacancy.  Now what do ya s’pose happened?  Mayor Glas and FO Pat did not do the residents the courtesy of advising them about the Ward I Vacancy,  Mayor Glas and FO Pat set up the oath for Ward I and cancelled it without explanation (?), Mayor Glas and FO Pat set up what appears to be a hand-picked appointment for Ward I in the June meeting of the Alcester City Council with the full knowledge they were going to have a special meeting in May for ‘police officer candidate’ interviews (May 7, 2018, Agenda Item #10(f)(2)) A-N-D then Mayor Glas and FO Pat include Agenda item #10 on the May 21, 2018, agenda successfully preventing any interested resident from Ward I from interviewing for the Ward I Vacancy no matter what powers of precognition ‘they’ profess to have.  Mayor Glas and FO Pat must be cold, ’cause they sure appear to be a coverin’ up right nice!  Half-Glas’d is still appears to be the modus operandi.  So much for open meeting and keeping the public accurately informed.

One more thing concerning the minimum wage thingy.  I once worked for a guy who whenever the minimum wage increased, new hires got minimum wage.  However the faithful, loyal, long-term employees did not get the same increase, so in essence the experienced, higher seniority employees were making less than new hires!  What do ya s’pose our city does?