Mayor/Council Roles - Then and Now

Joe Kirby was one of the original authors of the City Charter drafted in 1994. He and others spoke to numerous service groups to sell the idea of a change in the form of government from a full-time commission to a mayor/council form of government. 

Kirby proposed changing the executive powers language in Section 3 of the City Charter citing the recent action by the city council to require all contracts be approved by the city council as evidence that the city council was moving into the mayor's administrative duties under the charter. The language he proposed to the Charter Revision Commission and which the CRC approved unanimously at their January 4, 2012 meeting is as follows (new additional language is underlined):

Section 3.01 Executive Power.

The executive and administrative power of the city shall be vested in a mayor. The mayor's executive and administrative power shall include, but not be limited to the following: appointing directors, hiring employees, supervising staff, disciplining employees, terminating employees, negotiating and awarding contracts, supervising the delivery of services, administration of the budget, administration of the Capital Plan, preparing the budget, preparing the Capital Plan, assignment of duties and responsibilities of staff, and enforcement of city ordinances.

Here is the summary presented in those Kirby dog and pony shows back in 1994:
































Isn't it interesting that back "then," Kirby's side by side comparison stated that the council acts as an independent control over those who spend?

So, why add all this language that now includes the language "negotiating and approving contracts?" Especially after the council took official action to approve contracts against the position of the mayor.


It sure seems a little suspect that Mr. Kirby pops back up right after the city council acts to approve contracts at a regularly scheduled city council meeting to push the mayor's agenda which was is in disagreement with the city council.

Joe Kirby's then and now - why now?

Pleading Ignorance and Unawareness

Pleading ignorance about the goings on of the Charter Revision Commission.

Unaware of who contributed to his campaign until a reporter told him.

Unaware of what language related to city ordinance is drafted by his city attorney.

Pleading ignorance from a person who said he has a google alert on his own name.

Pleading ignorance when actually recruiting people to serve on city boards and commissions.

Pleading ignorance about what the Charter Revision Commission is doing when he stated on the December ASK THE MAYOR program the Charter Revision Commission should look at the roles of the mayor and the executive branch and the city council and the legislative branch.

Pleading ignorance and being unaware is hard believe from a person who is so totally engaged and immersed in the job of mayor of this great city. Not being aware of what is being drafted out of the city attorney's office is not being engaged in the legal affairs of the city.

Pleading ignorance and being unaware are two phrases that are not descriptive of this mayor. So why plead ignorance or say one is unaware? When you don't want to be accountable for one's actions.

The ARGUS LEADER's Big Announcement

I have always loved to read a newspaper. No matter where I traveled, I would pick up the local newspaper to get a pulse on community and local government issues.

 I read with interest the ARGUS LEADER's announcement from Publisher Randall Beck that the shift to their new subscription model  is based on the principle - The high-quality content created by our exceptional journalists informs, inspires and entertains in ways nobody else can match. And our pledge, in this fast-paced world, is to deliver that powerful journalism seamlessly across multiple platforms — web, mobile, tablet and your choice of print frequency.

The backbone of this effort, months in the making, has been a rethinking of, and reinvestment in, our news coverage — not only the issues we cover, but when, how and where we cover them.

I guess the backbone of the effort to move towards this change of rethinking and reinventing in news coverage included the forced furloughs of the very reporters who write the news and are the backbone of any newspaper.

As I have said before, I understand the shift to charging for digital access. Newspapers across the country have to rethink and retool their business model. However, when I pay for digital access, I expect quality reporting and extensive news coverage. I subscribe to various news sources and enjoy the ability to get digital access on my iPad and iPhone on the go. But I subscribe with choice based on value on the news content of the subscription.

Publisher Beck goes on to say: Ours, however, is unique in the industry because it begins with the fact that our newsroom — representing the largest and best team of journalists in the state and region — produces the best local content that is delivered where, how and when you want it. Nobody else does that.

The very news Publisher Beck is talking about must be different and more compelling than what I can get from local television news, city's website, and other national news sources. Why not highlight the paper's political reporter, Jonathan Ellis or local government reporter Megan Luther.  Sports Editor Stu Whitney's perspective on the local scene is not going to cut it for me. He's the best the paper has to offer in the new change?

Time will tell if the Argus Leader Media Publisher and President Beck and Executive Editor Maricarrol Kueter will make good on the promise to provide the valuable watchdog journalism and investigative reporting that you have come to expect.

I hope they provide the reading public a grace period to see if, in fact, they are capable of producing "valuable watchdog journalism" and "investigative reporting."  Let's see if that 800 customer service number has received attention as well since it has been a past exercise in futility and frustration. I am not ready to plunk down my credit card just yet.

An Interesting Way to Run the People's Business

The mayor and his administration and the Charter Revision Commission have been busy proposing sweeping changes to various policies and ordinances of the city. Numerous important proposed changes are before the Public Services Committee regarding the ethics ordinances in City Ordinance Chapter 12 1/2, city council organization and procedures in City Ordinance Chapter 2, fraud policies coming out of the Audit Committee, recodification of ordinances, etc.

There is a another ordinance revision up for consideration at the City Council meeting on Monday, January 17th. The first reading pertains to revisions of Chapter 14 relating to campaign finance for municipal elections. This ordinance amendment was first on the January 9th Public Services Committee agenda. Interim City Clerk Roust stated some of the pieces of this ordinance were just given to the committee at this meeting (relating to the proposed ethics and fraud ordinance and policy) so the councilors on this committee never had to chance to review those fraud/ethics provisions added to this new ordinance revision in advance.

Roust stated that these changes would hit during an election cycle "which is a bit troubling" but went on to talk about the rush to get this on the Council Agenda the following week as a walk in. When concern was expressed by Councilors Anderson and Brown regarding the rush to pass, City Attorney Pfeifle informed them the current ordinances were unconstitutional due to a recent Supreme Court Decision. The concerns folded like a house of cards.

Why would you bring sweeping changing to campaign finance laws months before a city election? From what I am told, the last time changes were made to the campaign finance ordinances, it took the Public Services Committee months to review the changes and to hear public input. Those changes were considered six months or more before any election took place. Interim City Clerk Roust said unfortunately its the 1st time she has been able to look at it. City Attorney Pfeifle said the committee needed to take advantage of Roust's extensive expertise in election matters at the county while they can.

The campaign financing ordinance amendments will have 2nd reading on February 6th and after publication and 20 days will become effective on March 1st. However, candidates can begin to take out petitions for the city council race beginning January 27th. The deadline to submit those petitions is February 24th.

Councilor Brown is term limited, but Councilors Anderson, Karsky and Jamison will probably be running for a seat in the April election. They will be now asked to vote on sweeping changes to the campaign finance ordinance when they will actually be part of the petition process. When asked if it was conflict of interest, City Attorney Pfeifle said no.  Does that really pass the smell test?  The City Attorney may not have a problem with it but from a perception standard, it should certainly raise eyebrows.

I guess all one has to do is throw out the scare of unconstitutionality to get something on the city council agenda that has had no public input in committee and has had no real study by the Public Services Committee.

It is an interesting way to run the people's business.

Who Told Who What When

I don't know about you but there seems to be something stinky going on about who told who what when. On January 5th, KELOLAND TV ran a story on Charter Revision Commission working to define and expand the mayor's executive powers.

Excerpts from that story:

 The Charter Revision Commission is a mayor-appointed citizen board who began meeting last month. The group is charged with submitting suggestions to change the city's governing document. But a recent decision that defines and expands the mayor's executive power took the city council by surprise.

“I am horribly disappointed,” Sioux Falls City Council Vice-Chair Michelle Erpenbach said. “Horribly disappointed in what happened. And I am not the only council member saying that at this point.”

“You've got good people on those committees, on these public boards, and you let them do their work and serve the public as best they can,” Sioux Falls Mayor Mike Huether said.

Huether said that's what he's been doing since he appointed the board, and he had no part in the committee's decision.

He may not have a part in the committee's decision, but that doesn't mean that he hasn't given them his input. Like I have said in previous blogs regarding this charter revision commission debacle, it is hard to believe that the mayor has not talked to anyone about his thoughts on the mayor's executive powers.

Lo and behold, he actually talked about the work of this very commission in the December Ask The Mayor segment. When a comment was made that there was lots of opportunity for public input, the mayor said, "They can speak and let their voices be heard." Obviously, that word did not get out to Aanenson and his fellow commissioners when they closed Councilor Jamison down from providing public input.

The moderator asked, "Anything specifically from you as mayor that you want to see changed in the charter?" The mayor responded as follows: "Oh boy, you know, I do think that we do probably need to look at those roles and responsibilities of not only the mayor and the executive branch but yes, the council and the legislative branch as well. I think that if they could look at that even more that's an important thing, but ultimately it's not going to be me that decides. We've seen over the years how maybe there's been some issues that should be looked at again."

 Who told who what when? Who is in the driver's seat? You be the judge.

Absent Reporters Means Absent News

Councilor Brown made an astute observation after the ARGUS LEADER came out with an editorial about the city's proposed sale of Slip Up Creek land. This is what Councilor Brown posted online on the ARGUS LEADER editorial:

 I agree with the editorial. However, if the Argus Leader had bothered to send a reporter to last night's meeting, it would know Public Works Director Mark Cotter asked for this item to be pulled. The Council voted unanimously to table the issue.

The City Council had two major pieces of legislation on their agenda Monday night (January 9th). One was an ordinance changing the day when council meetings are held along with other council procedure changes.  The other ordinance was the push to sell the Slip Up Creek land. Both actions have been covered in past AL articles and both have become controversial. Both items were deferred or withdrawn until a later date.

Unfortunately, the ARGUS LEADER couldn't send their political reporter, Jonathan Ellis, to the meeting Monday night because he is on a week long forced unpaid furlough mandated by the paper. I guess there weren't any other reporters handy to cover the news of the city. So, the business lights of reporting the news goes dark.

The largest newspaper in the state of South Dakota and it is furloughing its reporter staff one by one. And they wonder why they are losing readership.

The City's Top 10 List

I have to give this mayor credit when credit is due. He knows how to play the publicity game at City Hall. There has never been a mayor who has pushed out more press releases on everyday business goings on like he does on a daily basis. That is not a bad thing as long as the steady stream of pablum from 9th Street is interesting and informative. And sometimes it is and sometimes it is pablum.


On January 3, 2012, the mayor's special projects coordinator presented the city's top 10 project list to the city council. She stated this list was not all inclusive as there were many projects she was tracking as well as projects the departments were doing on their own. What was interesting, at the conclusion of the presentation, there was nary a question regarding these projects. The only question was would the coordinator be back for updates or would the information be posted online.


Projects on the "Top 10 List" that we haven't heard a lot about at City Council Information Briefings are the Health Department initiative to push forward a plan to reduce community heart disease, cancer, stroke, and diabetes by 5%;  the Pension Plan project to reduce the city's contributions rates by reducing the employee pension benefits; or the new software projects related to finance, land management integration and online plan review & work flow. All the other "top 10" projects have been on the information radar for quite some time.

Project management was happening long before the mayor's special projects coordinator came on board. The Engineering Division of Public Works is the master on project management. . Major projects "sponsored" by various departments with departmental "project managers" have always existed in city administrations. The directors and management staff have always performed project management duties. So let's not start beating the drums of mayoral accomplishments at business acumen again. Project plans, summaries, milestones, risk planning process, dependency planning process, project sponsor, project manager - all fancy terminology to show something new is happening down at City Hall when it's really not new at all.

I looked for the Top 10 Project List on the city's website but it is not posted yet. It probably has something to do with that "outdated software" issue. Personally, I like the fact that I will be able to go online and track progress on major projects in the city at one location on the city's website.  That's what's new. What's not new is project management where directors and former mayor's used their Chief of Staffs to do the same thing internally.