January 6, 2020,AGENDA ITEM #18 (e)-Motion to Approve CDBG Loan to City $32,640.66 (police car). 0% Interest, 4 year Payback per schedule. No action taken on CDBG Loan to City as Sam Nelson needs more information.
January 27, 2020,Special Meeting Agenda carried no provision for City Attorney Sam Nelson’s report on the $32, 640.66 proposed CDBG Loan to pay for the Police Car. H-m-m?
February 3, 2020, Agenda Item #8-Legal Updates-Sam Nelson-NO CBDG?
*Generally I do not like to use Wikipedia as a source because it can be edited by anyone. I will in this case include a quote from Wikipedia as it relates to Allocation of Funds,
“…communities must meet certain requirements…First, ‘not less than 70 percent of CDBG funds must be used for activities that benefit low- and moderate-income persons.’ Secondly, funds MUST be spend on eligible activities, which are broadly defined as including ‘community development activities directed toward neighborhood revitalization, economic development, and improved community facilities and services.’…Such activities may include ‘Acquisition of real property, Relocation and demolitions, Rehabilitation of residential and non-residential structures, Construction of public facilities and improvements’ and more…Third governments must follow a plan of project selection that includes citizen participation, especially by citizens who live in ‘areas’ in which the grantee proposes to use CBDG funds” *(https://en.wikipedia.org/wiki/Community_Development_Block_Grant.)
NO CBDG FUNDING OF EQUIPMENT DESCRIBED AS POLICE CRUISER AND PER THE ALCESTER ORDINANCE FOR SECOND PENNY SALES TAX–ASSETS ONLY– NOT POLICE CRUISERS THOSE MUST COME OUT OF GENERAL FUNDS. NO PAY DAY LOANS ALLOWED FO PAT! Wow, I did not realise Beacom had a program in PayDay Loans!
February 3, 2020, Agenda Item #14-PROPERTY PURCHASE 01.01.13.1040 QUAM & BERGLAND RENTALS, $15,000, 2ND PENNY-Class NADC and NADC2 valuation 2019 $16,260 Purchase price to be taken from 2nd penny sales tax. It is to be noted here, upon city purchase the property ceases to accrue tax dollars benefiting the residents of Alcester.
February 3, 2020, Agenda Item #15(b)-Golf Cart trade-in/purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.
February 3, 2020, Agenda Item #15 (c)-Golf Top Dressing Mower Purchase to come out of 2nd penny sales tax. Questionable 2nd penny assignment per ordinance restriction language.
February 3, 2020, Agenda Item #18 (e)-Motion to approve Loan to City, from Revolving Loan Fund (?), $32, 640.66, 0% interest, 4 year payback per schedule.
SO FOR US NOT-SO-ASTUTE RESIDENTS, ‘Lay Persons’ and ‘snoopy, busy-body neighbors’…Tell us what is the difference between the CBDG and a Revolving Loan Fund. Just a name change? Semantics Sam? ACA Sam, is your judgment of a ‘well constructed letter for a lay person’ based upon Class ‘A’ legal advice, English degree, South Dakota Municipal League Lobbyist, seat in the SD Bar or participant/advisor to the city council in canvass of the 2019 mayoral votes meeting where Alcester City Finance Officer Patricia Jurrens handed over the keys to the ballot box and the council was allowed to handle the election ballots?” Sam just because an argument does not ‘jump-out’ at you like a 400 lb. gorilla, it does not mean a small soft warning growl in the dark of a room does not mean there are no paws, no claws and no jaws waiting, on the ready to defend to the end! The FAT LADY is STILL not singing, do-re-mi-oorah!
Please readers, attend this meeting.
It is important.
Public Input is AGENDA ITEM #7, TELL THE COUNCIL WHAT YOU THINK. IT IS YOUR RIGHT, YOUR VOTE, YOUR TAXES!
The January 27, 2020, special meeting of the Alcester City Council was called to order at 6:00 p.m. with Mayor Glas, Councilman David Larsen, Councilman Dan Haeder*, Councilwoman Darla Reppe, Councilwoman Melissa Kay, Councilwoman Linda Talbott and Councilman Lance Johnson present. Absent was Alcester City Attorney Sam Nelson.
The council along with the gallery recited the Pledge of Allegiance and with that the meeting began.
First order of business after the call-to-order and the pledge was approval of the agenda. Mayor Glas called for a motion to approve the agenda (03:48:80). Glas mentioned an ‘error’ and the two fives would become 5A and 5B, so Councilman Johnson moved to accept the agenda without adding the change in the agenda, a second came from Councilman David Larsen with no correction to the agenda, and with no discussion the council voted unanimously to accept the agenda.
Agenda Item #4 – Public Input. I responded I had public input and with my announcement, Mayor Glas commented(04:27.80), “…Let’s try to hold it down to a couple minutes…” to which I responded…”…well it will take what it takes…”(04:31:87),” and I proceeded with my comments. There was no other public input.
Agenda Item #5 – (A) Approve Architect Agreement, CO-OP Architecture (AIA B101). FO Pat did an introductory quasi summary, most of which related to the 500+ pages of just one of the agreements. FO Pat noted there was a tele-conference between CO-OP Architecture, Tom Freiberg, Sam Nelson, Mayor Glas and FO-Pat to discuss the contract.
Agenda Item #5– (B) Community Center Plans and Specifications. This item was re-listed by Mayor Glas as Agenda Item 5B but it was not approved as such, there was no motion on Agenda Item 5B, there was no second on Agenda Item 5B, there was no discussion on Agenda Item 5B and no separate vote on Agenda Item 5B. So as I see it, Community Center Plans and Specifications renamed by Mayor Glas as Agenda Item 5B and approved as such by the council in their approval of agenda was not dealt with at all.
Agenda Item #6 – Community Center Advertising. Councilwoman Melissa Kay moved to approve this agenda item, Councilman Lance Johnson seconded the motions and under discussion Councilman David Larsen made some observations and remarks. (20:31:60)
During this discussion Councilman David Larsen wanted to make it clear that he was in favor of the project but with strong strings attached. In these remarks Councilman Larsen insisted that the finance office and the council chamber existence were non-negotiable in his opinion. No mention of the police department. So what are they to do, run around like a taco truck type mobile office to maintain law and order? Councilman Larsen states that,
“the finance office needs a better place…the office is cramped…small and should be across from the council chamber because of all the hauling of stuff the finance office staff has to do for council meeting… and in the five months of summer operation the city could save $120 per week by having the finance office accept those few (2-4) greens fees that may come in the morning hours (8:00 a.m.-11:00 a.m.) …”
In addition the city council chamber needs to be more sound proof… we have 3 million votes for the community building and while a vote of citizens is okay it would be a waste of time and money… astute citizens…”
Argument
the finance office needs a better place, the finance office is cramped, the finance office is small. Vickie’sAnswer:Find a building downtown that has more space. Present finance office is around 180 square feet give or take. Clean out the superfluous junk out of the finance office.Take one desk out of the finance office.
the finance office should be across from the council chamber. Vickie’s Answer:The Finance office does not have to be across from the council chamber, if all that heavy lifting of a bunch of stuff for council meetings, get the finance officer a grocery cart.
if the finance office received the green fees, the city could save $120 per week by the finance office accept 2 to 4 greens fees. Vickie’s Answer:Dump the second Finance officer in favor of a golf course employee who can take greens fees, read meters, do mailings and pick up the mail. You will save more like $15,000 per year.
the council chamber needs to be more sound proof. Vickie’s Answer: Yeah, it does! According to the technical article of February 1, 2016, titled, “6 City Council Chambers Design Mistake to Avoid… council chambers revolve around communication…Audio, Video and Technology should be considered early during the design process…Failure to consider these items now will result in problems down the road…Acoustics…Just like any other gathering place or presentation space, speech intelligibility is critical in a City Council Chamber…contemplate camera angles…(Base 4 Tech, LLC dba Vibe Design Group) (vibedesigngroup.net/6-city-council-chambers-design-mistakes-to-avoid/).” So tell me where is the gallery supposed to sit in the COOP Chamber room? Going by the supposition the existing finance office/council chambers (measures approximately 325 sq.ft. for council chamber and 200 sq.ft finance office for total of 525 sq. ft.) and the projected COOP finance office/council chamber (appears as 883 sq.ft. which if divided equally between the two rooms will allot the finance office 441.5 sq.ft and the council chamber 441.5 sq. ft.)
In Councilman David Larsen’s remarks he says, (20:56:45), ” we have 3 million votes for the community center…a vote of the citizens is okay but an astute citizen…would be a waste of time and money…”
Stepping back to a question posed by Councilwoman Melissa Kay about what happens if we do not raise the shortfall money for the community project, can we get a loan. Finance Officer Pat Jurrens answered no because we (the city) already have a loan for $500,000 for the community center project. Listen to the video. In addition and so the citizens are aware, it is my understanding there are strings to those 3 million votes to the effect if the matching moneys are not coughed up the deal is dead. So that is imaginary votes or money?
Now going back to that part of the statement “…we have 3 million votes…”. Please tell me that you do not mean 3 million dollars translate into 3 million votes and they hold more weight than our 830 some votes as a tax-paying citizens. Evidently I am not one of those “astute citizens”. I in my world 3 million dollar/votes, do not dictate how to spend our tax dollars nor burden our children with a debt the city cannot pay but in my world a finance officer we cannot trust according to indictments would be summarily dismissed.
Motion on Agenda Item #6 was made by City Councilman David Larsen, seconded by Councilwoman Darla Reppe, no further discussion with a unanimous vote of aye.
Agenda Item #7- Approve Architect Agreement COOP Architecture-Councilwoman Melissa Kay made the motion to approve the agreement with the second coming from Councilwoman Linda Talbott, no discussion and a unanimous vote of aye.
Agenda Item #8– Executive session-was not needed. Amazing!
Agenda Item #9 – Adjourn-Councilman David Larsen moved to adjourn, second came from Councilman Lance Johnson, no discussion and a unanimous vote of aye the January 27, 2020, meeting was adjourned at 6:24 p.m.
* Alcester City Councilman Dan Haeder purchased a home on the east side of Park Street which places him in Ward III. According to statute he cannot represent Ward II IF his place of residence has changed, that he would have to resign his seat. I asked him about this back in late December and he said that he had discussed it with the council. I am left to wonder about the delay in residency.
WELL YOU PICKED OUR POCKETS RIGHT DOWN TO THE LINT
LOOK WHAT YOU TOOK FROM US, GLAS
LOOK WHAT YOU’VE DONE TO OUR TOWN
WE WANT OUR GOOD TOWN BACK, MAYOR GLAS
WE WANT OUR GOOD TOWN BACK
WELL IF WE HAD OUR GOOD TOWN BACK WE’D
BROOM OL’ RIFF-RAFF GLAS OUT AND
FIX WHAT HE HAS DONE TO OUR TOWN.
WE’RE FIGHTING BACK FOR OUR TOWN, MAYOR GLAS
WE’RE FIGHTING BACK FOR OUR TOWN
WELL THE FOLKS WILL STAND UP AND TAKE BACK THEIR TOWN
SOON WE’LL HAVE OUR TOWN BACK GLAS
‘CAUSE WE ALL SEE WHAT YOU’VE DONE TO OUR TOWN.
LOOK WHAT YOU’VE DONE TO OUR TOWN, MAYOR GLAS
LOOK WHAT FOPAT HAS DONE TO OUR TOWN
YOU BOTH HAVE SHOVED US IN A GARBAGE BAG
AND TOSSED IT TO THE GROUND
LOOK WHAT YOU DID TO OUR TOWN*
*inspired by the song lyric titled. “Look What They’ve Done to My Song” by Melanie Safka “What Have They Done to My Song, Ma Lyrics.”Lyrics.com. STANDS4 LLC, 2019. Web. 20 Dec. 2019. <https://www.lyrics.com/lyric/6899041/The+New+Seekers>.
Every time we turn our heads the other way when we see the law flouted,
when we tolerate what we know to be wrong,
when we close our eyes and ears to the corrupt because we are too busy or too frightened,
when we fail to speak up and speak out,
we strike a blow against freedom, decency and justice.
Robert F. Kennedy
Folks, I filed a complaint as soon as I became aware of violation of election with regard to the April 9, 2019, mayoral election. I attach a copy of my complaint for your reading. This complaint was filed with the Union County State’s Attorney Jerry Miller as suggested by the South Dakota Secretary of State Office when I started digging for information. I also submitted copies of my complaint to the South Dakota Secretary of State and Margaret Gillespie, South Dakota Board of Elections.
9-13-24. Return and canvass of votes. The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.
12-1-3.3 “Election officials,” state and local officials charged with the duty of conducting elections and the canvass of returns;
12-1-3.9 “Person in charge of an election,” or “person charged with the conduct of an election,” the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;
12-20-21. Return of ballot boxes, returns, records and supplies to officer in charge–Tampering prohibited–Violation as felony. The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.
These are just a few of South Dakota Statute covering elections and the person in charge of elections. For the municipality of Alcester, a class 2 municipality defined as: “Second Class: Those with populations between 500 and 5,000″. So our class 2 municipality has the Appointed Finance Officer as election official in charge of the election.
Alcester City Finance Officer Jurrens, during the April 15, 2019, canvass meeting, handed over the key to the ballot box, allowed the ballot box to be opened-in fact assisted in opening the ballot box and the voted ballots to be handled by the Alcester City Council as you can see in the video taken that evening. Illegal!
The council relied on Alcester City Finance Officer Jurrens to know what she was supposed to be doing. In fact Alcester FO Jurrens has attended seminars with the South Dakota Municipal League and received educational election materials from the South Dakota Secretary of State on conducting legal elections.
Add to the fact that Alcester City Finance Officer Jurrens knew she was in violation but the Alcester City Attorney Sam Nelson was present, who sat by and watched the whole scenario and did not say a word! You can see him seated at the council table on which the ballot box was sitting upon in the video. video link https://bit.ly/2YmBsrc
SDML 2019 Municipal Elections Handbook, Section 5, Chapter 5 After the Election-5.000 Official Canvass under
#1…DO NOT TAKE THE BALLOT BOX TO CANVASS AS THE GOVERNING BODY DOES NOT HAVE THE AUTHORITY TO RECOUNT BALLOTS…”
It is my understanding that Jerry Miller WAS going to charge Alcester City Finance Officer Pat Jurrens with Malfeasance. According to Black’s Law Dictionary,
MALFEASANCE is
The wrongful or unjust doing of some act which the doer has no right to perform, or which he has stipulated by contract not to do. It differs from “mis- feasance” and “non-feasance,” (which titles see.) See 1 Chit. Pr. 9; 1 Chit. PI. 134; Dudley v. Flemingsburg, 115 Ky. 5, 72 S. W. 327, 00 L. R. A. 575, 103 Am. St. Rep. 253; Coite v. Lynes, 33 Conn. 115; Bell v. Josse- lyn, 3 Gray (Mass.) 311, 63 Am. Dec. 741.
I AM COMPLAINING NOW!
I call for a new election because the illegal opening of the ballot box and the illegal handling of the voted ballots may have compromised the election and put the vote into question.
As a result of Alcester Finance Office Patricia Jurrens failure to abide by her oath of office, her incompetence and failure of duty be fined for the cost of a new election and fined a minimum of $4880.00 in punitive costs.
AND
I call for the termination of Patricia Jurrens as Alcester Finance Officer.
Yesterday you could view Alcester (Canton, Wagner, Elk Point and Salem but no longer works for Beresford or Geddes) Code Enforcement Officer Geoff Fillingsness in operation.
This alleged Code Enforcement Officer did not know the name of the judge who signed the quasi-administrative inspection warrant (had to call, in fact referred to the judge as he), admitted there was no date, no date to determine the enforcement stale date of the quasi-administrative inspection warrant and in essence this ‘code enforcement officer’ had no background in which to determine the administrative inspection warrant was indeed legal. In fact for all he knew, Alcester City Finance Officer Patricia Jurrens went out on Pinterest as alcestercityfo.com and dug up copyright free administrative inspection warrants, copied it, and scribbled a pseudo signature. But by-golly Alcester Code Enforcement Officer Geoff Fillingsness was, “DARNED WELL GETTING INTO THAT HOME TO TAKE PICTURES TO TAKE BACK TO THE JUDGE (whoever that was) and BY GOLLY HE, MAYOR GLAS AND FO-JURRENS WERE GOING TO CLEAN OUT THAT FAMILY HOME!”
(Even to the point of taking the home away?) Really?
This Code Enforcement Officer could not acknowledge a complaint I made and signed my name to. It appears he was to busy persecuting the former Alcester Finance Officer at Mayor Glas’ request to force his way into Mr. Kezar’s home than to take action on the curb vandalization on Anderson Drive. Mayor Glas and Finance Officer Pat Jurrens fell all over themselves to protect Randy Roo and themselves for violation Alcester Ordinance. (See the complaint below which outlines the violations to Alcester City Code.) Oh and I hear tell Alcester City Councilman Lance Johnson is already whizzing and moaning he has to change his trailer garage plans. Would you want to spend over $100K to look out-of-your window and see some cheap-ashamed trailer? He will be violating city code. In fact he doesn’t even have standing that the trailer property abuts his primary residence, ’cause that is across Anderson street. Folks even the city council cannot change that many ordinances to benefit a sitting city councilman. In fact he still should be worried about pulling up signs!
The city needs the website up and functional. The city website needs to have a full, complete copy of all ordinances we are expected to obey!
Call Mayor Glas 605-934-2188, call your ward councilmembers and let them know. If you do not take action, Code Enforcement Officer Geoff Fillingsness could appear on your door step with a monopoly game warrant and camera in hand to force his way into your home ’cause FO Pat Jurrens doesn’t see a pallet sitting outside leaning against the door or your Christmas lights cord is frayed. Let ’em know how you feel! Let them know collecting is not against the law, let them know a man’s castle is inviolate to Pat Jurrens’ and Tom Glas’ peculiar personal tastes!
I have been traveling and missed the August 5, 2019, city council meeting. It sounded interesting.
I do however have a report or two on the Alcester City Code Enforcement Officer Geoff Fillingsness’ fishing trip to the Kezars. On or around August 8, 2019, Code Enforcement Officer Geoff Fillingsness contacted the Kezars to let them know he was coming on August 9th at 9:00 a.m. to ‘inspect’ their home for Code violations, there had been complaints. Really? Ole FO Snoopy Nose? Code Enforcement Officer Fillingsness warned the Kezars he had a warrant and expected to go into their home to take pictures.
REALLY!
I was there to video-tape the fishing expedition. Upon Code Enforcement Officer Fillingsness arrival just a few minutes before 9:00 a.m., I started filming. Code Enforcer Fillingsness made it all the way to the door and when asked to present a valid warrant, he had to hussle back to his car to find the document. What did he think? That he was just going to walz into the home without question? He presented a quasi-warrant to the home owners. I say quasi because the document had no date, lacked the judge’s name, lacked a readable signature and carried no file number. It lacked the affidavit of the complainant giving the judge the justification for signing an administrative inspection warrant, just plain lacking legal status in my book and smacked of FO Jurrens ‘aptitude’ for legal document incompetence.
Code Enforcer Fillingsness was told no he could not enter the home. Code Enforcer Fillingsness wandered around the outside property, poked his Pinocchio nose into the garage, took pictures of windows and upon failing to gain admittance into the house he left with the verbal threat of, “…I am going to have to report this…”
Code Enforcement Officer Geoff Fillingsness returned on August 19, 2019, and was allowed into the home under duress and protest. Pay special attention to the conversation regarding the file number, the name of the judge, the lack of date and time to object to the findings.
This can happen to any of us who collect. It is moronic for FO Jurrens and Mayor Glas to whiz and moan about property maintenance and filing blind complaints on people. Look and see what she perpetrated on the atrium in city hall and this is just a small example of what junk she shoved into the atrium.
In 2014 the council voted for a website, not a high priority. About four months ago the council again voted for a website, evidently still not a high priority for FO Pat and Mayor Glas. Could it be because they would have to publish the agendas, the minutes and the city ordinances on the website. We would get the breakdown money dispersions for the finance office, not just a global number. We can fix this, we just have to be willing. Call Mayor Glas 934-2188 or your ward council person and let them know!
Mayor Glas proclaims we have air in our water, no problem! Really? Mayor Glas with the ‘profess-tional, cee-ment mind with the minor IQ” where is that thar air (if it is air) coming from? Did you have it tested? Where is the air coming from, could it be a broken line that is sucking air or methane from the soil and into the water? Oh by the way Mayor you don’t like me getting involved or helping a fellow resident, Do your darned job! Investigate the issue, not your own bellybutton!
Folks Mayor Glas, FO Pat and the council handed over $4800 in my opinion in an illegal, violation of the existing, in-force Alcester Personnel Manual.
Policy #3: Employee Classifications Appointive Official: An individual who holds a position in the municipality as specified by SDCL 9-14-1 (repealed)
Policy#5 Hours of Work
5-3.1City Finance Office Monday through Friday, the finance offices will be open from9:00 to 12:00pm The finance office will re-open at 1:00 pm and remain open until 5:00 pm. The finance officer will start the work day at 8:00am and will open the city office for public business at 9:00am.
5.5Flex time -The governing body (council) reserves the right to authorize flexible work hours within the 40 hour work week in situations where it is appropriate or necessary. Employees must still adhere to the standard 40 hours work week unless flex time or overtime has been approved by the mayor. The mayor authorized flex time is subject to review and final authorization will be from the city council at the next city council meeting.
5.6 Overtime Eligibility – Employees may be required to work overtime when determined necessary by their supervisor or the governing board. Overtime is defined as time that is worked in excess of the first 40 hours within the standard work week and does not include hours paid but not worked such as holidays, vacation pay days or sick days. The mayor shall have the option of selecting compensatory time off or overtime pay and the finance officer shall be advised of the decision prior to the performs of any such work.
All overtime must be authorized by the mayor prior to the working of such hours except in emergency situations. Overtime is to be authorized only if the work cannot be otherwise done during normal work hours. Insofar as possible, the opportunity to work overtime shall be distributed as equally as practicable by the municipality among the employees in each department. Accrual of overtime without prior authorization may result in disciplinary procedures.
Overtime compensation for all overtime eligible employees shall be at the rate of one and one-half of the employees regular hourly rate. As stated above, time paid for but not worked(holidays, etc) does not count toward hours worked for the purpose of calculating overtime hours.
5.7 Comp time – Authorized comp-time shall be administer within the same guidelines and be accrued at time and one half. Comp-time must be used within 30 days from the time in which it was accrued.
The maximum amount of comp-time that may be accrued is 16 hours.
5.8 Exemptions to Overtime – The following employees are exempt from the overtime standards as mentioned in the above sections:
1) Appointive officers (if determined to be FLSA Exempt)
2) Police and fire personnel (if less than 5 within the dept)
3) Swimming pool personnel (if operated less than7 months)
5.10 Time Sheets or cards – Each employees time sheet is a record of their regular hours worked, overtime worked and vacation or sick leave used for the purpose of calculating and issuing pay checks. Every employee must sign their time sheet to verify that all entries are accurate, Intentional falsification of time sheets may result in disciplinary action.
5.11 Time Clocks – Time clocks are used by the municipality for recording work time for all employees specified by the governing board. Each employee required to use a time clock must punch in and out promptly and have the finance officer initial changes necessary to correct time records.
It is absolutely forbidden to punch another employees time card. Such action may result in disciplinary action.
Policy# 6 Compensation
6.3 Time Sheets Each employee is responsible to ensure that his/her time sheets are correct ad submitted on time. Signed vacation and sick leave slips must accompany all time sheets (see appendix one). Any misrepresentation of time worked or falsification of any time sheet may result in disciplinary action.
Policy# 7 Leave of Absence
Policy #8 Separation from Municipal Service
8.4 Exit Interviews It is a policy of the municipality of Alcester, for the appropriate authority to conduct an exit interview prior to an employee’s separation from municipal employment. The exit interview is conducted for several purposes, including 1) to resolve all outstanding matters between the municipality and the employee, 2) to advise the employee of the affect their separation will have upon all benefits and what benefits they have coming upon separation, 3) to aid the municipality in gathering information to help improve the municipality’s working environment and other employment relationships.
8.5 Misconduct Defined The following is a partial listing of employee misconduct that may result in disciplinary action up to and including immediate discharge. This list is not intended to completely list all employee misconduct that may result in the above, but rather is provided as a guideline by which employees can judge actions that will not be tolerated by the municipality:
Incompetent, inefficient, unreliable, unwilling or incapable of fulfilling his/her job duties as assigned.
Inadequate performance of duties.
Neglect of duty.
Conviction of a felony or misdemeanor offense which might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee.
Theft or misappropriation of municipal property.
Insubordination.
Failure to observe drug and alcohol policies of the municipality.
Failure to observe harassment policies of the municipality.
Knowing or willful violation of municipal ordinance.
Unauthorized absences.
Habitual tardiness.
Abuse of sick leave.
Sleeping/loafing during work hours.
Disclosure of confidential information.
Offensive or inconsiderate conduct, or use of abusive language in public, or toward the public, municipal officials or fellow employees while on duty.
Personal acceptance or appropriation of any fee, gift, tip or other gratuity or remuneration received solely for the performance of official duties in connection with municipal employment.
Knowing, intentional, or repeated falsification of any application for employment or any municipal record, report or time sheet.
Willful alteration, destruction or waste of municipal property, facilities, equipment or records.
Serious or repeated disorderly conduct or horseplay.
Threatening, intimidating, coercing or interfering with supervisors or other employees.
Deliberate attempts to injure another employee or fighting on municipal property while on the job.
Unauthorized possession of fire arms, explosives or any dangerous weapons while performing municipal work.
Recklessness resulting in a serious accident while on duty, whether on or off municipal property.
Policy #9 Disciplinary Action and Grievance Procedure
Policy #10 Drug and Alcohol Abuse Policy
Policy #11 Americans with Disabilities Act
Policy #12 Appointive Officials
12.1 Definition An Appointive Official is an individual who holds a position in a municipality in SDCL 9-14-1 (see policy 12.2)
12.2 Appointive Officials to be Appointed
12.2.1 Second and Third Class Municipalities – The appointive officers in second and third class municipalities are the finance officer (auditor, treasurer) and other such officers as provided by municipal ordinance.
12.4 Applicable policies to municipal officials
The following sections of this manual shall apply to municipal officials:
Policy #1 all sub-sections,
Policy #2 all sub-sections,
Policy#3 all sub-sections,
Policy #4 not applicable,
Policy #5 Applicable if such officials are covered by FLSA,
Policy #6 all sub-sections,
Policy #7 all sub-sections,
Policy#8 not applicable,
Policy #9 not applicable,
Policy #10 all sub-sections,
Policy #11 all sub-sections.
Folks this is the policy manual which is in effect now, and was in effect at the start of FO Pats Comp Time Grab in 2014.
Ask the question at what rate of illegal compensation was FO Pat offered? The time and one half rate at the time of her falsification of time in 2014, 2015, 2016, 2017, and 2018? Or was it at the 2019 raise rate? From 2014 who authorized FO Pat’s raises, Finance Officer Pat Jurrens, Mayor Glas or the council who authorized the budget without asking questions?
At 6:00 p.m. Mayor Tom Glas called the regular Alcester City Council meeting to order with Councilman David Larsen, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilwoman Linda Talbott, Councilwoman Melissa Kay, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present. The group began business with approval of the night’s meeting agenda and the approval of the May meetings.
Agenda Item #5 Marc Macy was called upon to make his presentation for the National Flood Insurance Program.
Agenda Item #6 was called for the first reading of Alcester City Ordinance 2019-02 dealing with conditional uses which would allow placing just a garage on a lot for storage (?). This was a garage ordinance originally called 2019-01, after my argument there was already a 2019-01 ordinance which I call ‘protect Pat’s Job attempt’, an argument from Pat I was wrong on the numbering and AFTER I proved I was correct, the amending ordinance was changed to 2019-02. Ya know all FO Pat had to do was to pull her file on ordinances (which she is required to keep) she could have prevented the confusion of two (2) 2019-01 ordinances, the delay of first reading and of course knowingly calling me wrong.
Agenda Item #7-a presentation made by Amanda Ericson and Carmen Kast for the Fireman Water Fight scheduled for June 15, 2019, during the hours of 4 p.m. to 7 p.m. and to ask permission to close off Second Street from Iowa to Dakota. Permission was granted.
Agenda Item #8– I commented on three items, which were included in my hand-outs to the council.
First was the Ordinance numbering which was dealt with the Agenda item 6.
Second was the failure of the Mayor and FO Pat Jurrens to provide FOIA for access to completed public records absentee ballot application and listing poll book. FO Pat argued I was wrong and could not access these documents. I had already provided information from the Secretary of State to back up my claim. I was refused access and was given a listing of the absentee ballot names and was informed that Alcester City Attorney Sam Nelson had spoken with the South Dakota Secretary of State representative Christine Lehrkamp.
Since I had spoken to a different person in the SD Secretary of State office, I contacted Ms. Lehrkamp, explained the situation and she agreed I should have access. I made plans to bring this to the council’s attention during input. On Monday, June 3, 2019, I contacted Ms. Lehrkamp asking for a written statement I could present to bolster my argument and she provided me with the statement. Upon my introduction of the FOIA issue, FO Pat objected, I argued the statement in my handout and Alcester City Attorney Sam Nelson stated he read the Ms. Lehrkamp’s statement, I was correct and I was to be given access to the FOIA information.
Third was the issue of no visible pool rules. I spoke of the absence of the large pool rules sign, the fact children were going down the slide head-first and a garden hose strung across the pool deck and wound around the slide ladder which creates a clear danger to pool users. After speaking with city representatives of Beresford and Canton I was told there should be a life-guard stationed at the ladder of the slide and a life-guard in the pool at the foot of the slide.
One again FO Pat waded in with an argument noting the size of the slide, to which I responded we got the slide from Beresford who had the two life-guard slide rule.
I went to the pool this morning, saw the copy paper sized, laminated farce of a sign attached to the slide and not a large visible sign that parents, children and life-guards can clearly see without walking to within two feet of the slide.
Agenda Item #10– The council spoke to the Mayor’s and FO Pat’s decision to sic a South Dakota Circuit Judge on non-conforming residents. Oh and yeah, Mayor Glas asked for what I will call a not-so-secretary security de-tale of one volunteer to walk around town with him to inspect properties. Councilman Lance Johnson leaped at the change. Amazing, this is the guy who lives across from 518 Anderson where the curb and gutter vandalism took place and has not been resolved.
Agenda Item#11 Alcester Ambulance came to request the city forgive the water charges for the ambulance building. The Council voted to not charge the ambulance for water usage.
Item Agenda #16– Finance Office A couple of notable departures from code and duties.
First was Mayor Glas major faux pas. This ‘sage of cee-ment and construction” was advised the roof on one of the park shelters needed repair. Well ol’ sage tom went to Schoeneman to price steel. Oh not the sine-wave of course. Well he got pricing on a single sheet unit of steel but not the screws, nails, wood and etc. to cover the roof A-N-D then he did the math times six (6) to cover the whole roof? Are ya kidding? Who does that? MAYOR TOM GLAS, that is who! But it gets better, he is given a verbal opinion of cost, Mayor Glas FAILED to GET-IT-IN-WRITING! Who does that? Mayor Tom Glas, that is who!
Next is the Executive Session for personnel, now everyone aside from the council, Alcester City Attorney Sam Nelson and FO Pat Jurrens were ushered out. So there we were Gordon Richards and myself standing in the atrium of the Auditorium with Wanda Halverson guarding the council door against Vandals, Huns and who know what interlopers. Folks the council is abusing Executive session.
Now I figured the council was dealing with the recent demand for payment from a former employee, but the reason to go into executive session was personnel which was inappropriate for a lawsuit question. Occasionally we would hear a word or two erupt into the silence in the atrium, such as “I make a motion!” Really! Making a motion in executive session, A BIG NO-NO! Yes folks that did get my attention! What was it about, wait for it, wait for it.
The Council was declared out of Executive Session at 9:00* and slam, bam, you’re gonna get the dough FO Pat. Immediately a motion was made to PAY FO PAT JURRENS $4800.00 settlement for her “illegal comp time” Alcester Voters $4800.00 for comp time (time and a half) for exempt administrative hours, HOURS THAT WERE NOT APPROVED AS TO NECESSITY, ADVANCE WRITTEN APPROVAL, HOURS NOT PROPERLY ACCOUNTED FOR, AND ETC.
The city offices are closed on Tuesday noon to five with the door closed and the telephone not answered ’cause the ‘girls’ cannot get their work done! Yeah well yesterday was a Tuesday, what part of weed pulling, flower bed tending is in FO PATS job description? Who pays $25.00/hour for a finance officer to pull weeds and make pretty-pretty? What idiot pays FO Pat time-and-a-half for pulling weeds, painting walls, shopping -for-atrium-decor? Judging from the payroll checks signed by Mayor Tom Glas he is the idiot! Mayor Glas whose ‘Oversight’ is the “I forgot and made a mistake Oversight” NOT the “I am watching you Oversight” WHO in Hades is “OVERSEEING” Mayor Glas and the Finance Office.
I would recommend that decision be referred and not be paid out. So I would advise FO Pat not to spend that $4800! With that gem of governance, the council adjourned at 9:01 p.m.
*Mayor Glas in his rush to get FO Pat her unapproved comp time/over-time, barely allowed those of us waiting in the no-open-meeting-for-us atrium-land to be seated in the council room, much less get the camera rolling to record his shining hour.
Mayor Tom Glas called the May 9th, 2019, regular meeting of the Alcester City Council to order with Councilman David Larsen, Councilwoman Melissa Kay, Councilwoman Linda Talbott, Councilman Dan Haeder, Councilwoman Darla Reppe, Councilman Lance Johnson and Alcester City Attorney Sam Nelson present.
Prior to the meeting an emboldened Tom Glas elected to attack me, telling me I was not to talk during the meeting. I responded asking him, “does that apply to Pat Jurrens and Wanda Halverson”…”are they banned from talking during council meeting?” “Yes?” “No?” “What?”
I can only suppose it was my remarks about the deficient Alcester City Council Meeting Agenda which prompted the Tom Glas temper tantrum. Glas’ proposed agenda or was it FO Pat’s agenda is a masterpiece of proposed open meeting violations and incompetence.
Mayor Glas started the council meeting with his usual, “it’s that time”, coming to his feet to recite the Pledge of Allegiance, which always evokes an errant thought for me. Aha! This is “Mayor Tom’s” anatomical, repositioning sphincter response to relieve pressure on his cerebellum.
The May meeting of the Alcester City Council has historically been two separate meeting in one night. Typically this first meeting after the April election is where the ‘old’ council would finish up prior business and adjourn. Upon adjournment the retiring council members exit giving up their places at the table to the incoming members. The new meeting is called to order with newly elected/appointed members reciting the oath of office and seated at the council table. These are two separate meetings with the council receiving pay for each meeting. However this night Mayor Glas or was it FO Pat’s ill-conceived aura of safety of position chose to imbed the Planning and Zoning committee meeting into opening meeting. And by now I have lost many of you. The Alcester City Council is ALSO the local planning and zoning committee.
Note on the agenda page 1) there is no public input for the initial meeting, no public input for the planning and zoning committee meeting and note there is no formal opening of the Planning and Zoning Committee meeting to let the gallery know a separate meeting has been opened, nor was there a formal adjournment on the agenda to close the Planning and Zoning Committee meeting. Poor procedure! Better never than late, Mayor Glas under duress added a public input at 9.5 on page 1) of the Alcester City Council meeting agenda. However he neglected to add Public Input under the Planning and Zoning Hearing committee meeting. Bad FOrm Mayor Tom and FO Pat! FO Pat must not have found a form to co-op for a compartmented triple meeting.
The council made short work of the approval of the agenda, it’s deficiencies and dispatched the approval of Minutes with alacrity.
Tena Keiser and Amanda Ericson presented Alcester Police Chief Jeff Christie with a check representing the fundraiser proceeds for the police department.
At this point there was still time before the 6:30 p.m. start time for the Planning and Zoning committee public hearing. Mayor Glas elected to move onto Agenda item 9.5 Public Input for the Initial Alcester City Council meeting. I responded to Public Input and another dust-up began. I commented on the violation of open meeting with the lack of proper Public Input both for the council meeting and the planning and zoning public hearing, plus the appearance of a violation of open meeting with Page 1, agenda item #9. Mayor Glas butted into my short public input time with his argument public input was the Public Hearing. I pointed out it was a public hearing, but no provision was made for specific public input. Mayor Glas chose to argue semantics defined as a part of language, its structure, morphology, syntax, pho and logic concerned with meaning. (evidently he heard ce-mentics and alas he lacked a concrete argument!)
At this point Alcester Attorney Sam Nelson of Frieberg, Nelson & Ask of Beresford took over questioning my ‘authorities’. I cited SDCL 1-25-1
“…The chair of the public body (city) shall reserve at every official meeting by the public body a period for public comment limited at the chair’s discretion, but not so limited as to provide for no public comment…”
Note the word “shall”. ‘Shall’ is used in statutes according to Black’s Law Dictionary, Abridged Sixth Edition (1891-1991), page 958 to mean “…generally an imperative or mandatory…” Mr. Nelson and I continued with a spirited discussion of Executive Session as referenced in page 1) agenda Item 9 as defined in SDCL 1-25-2.,1
“… Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee…”
My position being, compensation time is NOT a subject for executive session, it is an open session discussion with a determination whether the council is falling down a rabbit hole. I based my opinion that Mayor Glas, FO Pat Jurrens and the Alcester City Council were Abusing Executive session, using past, numerous and lengthy personnel discussions. That many discussions of qualifications, competence, performance, character, or fitness of city personnel? And FO Pat is almost always is present with the council in the closed session…do you s’pose? ‘Cause bookkeeping is not personnel, the book keeper is but not her position!
There was no formal adjournment of the Alcester Planning and Zoning committee. It is good there was no action on the draft of Ordinance 2019-01’cause Ordinance 2019-01 was already enacted on February 4. 2019, with the express purpose of changing FO Pat’s job from appointed to a quasi protected hire. Competency? The Finance Office is charged with keeping a file of the Ordinances. So what Happened FO??
Now the third meeting has been opened and Alcester City Attorney Sam Nelson has administered the oath of Office to the council members.
Mayor Glas handed out his and Pat’s 2019 committee assignments. Page 2) under agenda item #4. Councilwoman Melissa Kay was visibly upset as she read down the sheet of assignments. Councilwoman Kay had held the Chair of the Budget and Finance Committee and the Chair of the Public Safety Committee but under the 2019 Committee assignments she had been removed. Councilwoman Kay questioned Mayor Glas, asking him what she had done wrong to be removed from the Chair of these two committees? (48:58:53)
Councilwoman Kay looked to Chief Christie and asked him for input. (50:39:00) I believe Police Chief Christie asked permission to respond to Councilwoman Kay’s question. Mayor Glas ignored him, a heated discussion was still taking place between Councilwoman Kay and Mayor Glas who by this time was making some questionable comments. (50:48:57) Councilman Haeder asked Mayor Glas if Alcester Police Chief Christie could respond to Councilwoman Kay’s question. Mayor Glas responded Alcester Police Chief Christie had to wait until public input!
ARE YOU KIDDING Mayor Glas? What cognitive cripple would not allow Police Chief Christie respond to a DIRECT question from Councilwoman Kay! Past mayors usually tried to match up councilpersons capabilities with committees. The best Mayor Glas could come up with was, “…I tried to mix everything up…” Yeah Mayor, you surely did!
Next agenda item was Fire Chief Pat Kast report, notifying the council of the fire hydrant situation. In a recent fire situation an inoperative fire hydrant was discovered which exacerbated an already dangerous situation. The fire hydrants are the responsibility of the city and Mayor Glas! The uptake is the city is going to have to repair and replace fire hydrants. Keep this in mind folks for the Finance Office spending spree! The city did vote to pay two fire school tuitions.
Alcester Ems gave a report concerning the snow removal issue and the water bill. I have been a member of the ambulance crew and I worked with the financial/billing side of the operation. The ambulance has reached a point where the ambulance vehicle needs to be replaced. In the past the only funding the city provided to the all volunteer ambulance was a cell phone. I was surprised to hear the city did not supply free water to the service. Contrary to FO Pat’s comment the ambulance had billing capability, the billing amounts had to cover fuel, medical supplies, linens, laundry, AED pads and leads, blood sugar kits, Epi Pens, IV supplies, saline and etc. FO Pat do you think we get those out of a cracker jack box? Do you realise what med supplies cost?
Reports and Updates from Street, Swimming Pool, Water tower, Water and Waste water.
Agenda Item #10 page 2). The Crown Victoria that Mayor Rick Johnson got for a bargain price, has died and not worth repairing. Therefore there is a need for a new police car. The city has the ability to purchase a new Dodge Charge at $24K with delivery on or around January 2020 with some funding coming from the Second Penny Sales Tax according to Book Keeper Pat. Check out the state of the sales tax income for the year.
David gave an update for the golf course. Clubhouse personnel was hired but the groundskeeper position is still open.
Agenda Item #12 page 2) – Executive session SDCL 1-25-2.2 Litigation This was notice the city had received a certified letter of demand for wages past due. Not like the comp time FO Pat has been angling after but actual wages earned. The council spent twenty-two minutes in closed session to discuss strategy?
new police car $24,000.00* involves second penny sales tax
* unanimous vote for expenditure
** non necessity
We have failing fire hydrants but by golly we have to have our plastic chaise lounges and fold up picnic tables. Mayor Glas did brag in a campaign speech something to the effect, “Just look what Pat and I have done for the city!” Yeah right! More like, “Just look what Pat and I have done TO the city!”
A Voice from the Gallery 