That was quick. Anyone want to be a City Commissioner?

From the City of Brookings website:

The Brookings City Council is now accepting applications for the soon-to-be vacant City Council Member position left by Council Member Scott Meyer’s resignation. The appointment term would be from February 10, 2016 – April 30, 2016. Applicants must be a Brookings resident for a minimum of six months and registered to vote in Brookings.

Read (and apply) here.

Meyer just won the seat in April of this year, and would have been sworn in at the July meeting, so that was a brief tenure.

South Dakota Joins Further Challenge to EPA Authority Removing State Decision Making

jackleyheader2 Marty JackleySouth Dakota Joins Further Challenge to EPA Authority Removing State Decision Making

PIERRE – Attorney General Marty Jackley announces today that South Dakota has joined 21 other bipartisan State Attorneys General in an Amicus Curiae or “friend of the Court” challenge to the EPA’s continued “interpretation” to expand its authority under the Clean Water Act (CWA). The case is American Farm Bureau Federation v. United States Environmental Protection Agency and led by the Attorneys General of Kansas, Indiana and Missouri.

“The EPA is overstepping its Congressional authority and removing the states’ decision making authority,” said Jackley. “The EPA expansive interpretation and complex regulatory requirements harm and create continued uncertainty for the agriculture community and small businesses.”

The Third Federal Circuit has deferred to the EPA’s interpretation of the words “the total maximum daily load, (TMDL)” permitting the EPA to impose complex regulatory requirements that do much more than cap daily levels of total pollutant limits and displace powers reserved to the States. The brief argues that this decision is contrary to the CWA plain language and destroys the Act’s cooperative federalism framework. The decision allows the EPA to micromanage state and local governments’ decisions regarding land use and development. The brief contends the EPA used the Chesapeake Bay TMDL to extend its authority beyond that permitted by the CWA when it purported to regulate “upstream” States even though no part of the Chesapeake Bay is located within those States.

There is no cost to join as amicus curiae other than the inclusion of some attorney consultation time in support of the multi-state briefing. The following states have joined: Kansas, Indiana, Missouri, Alabama, Arizona, Arkansas, Colorado, Georgia, Kentucky, Michigan, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Wisconsin, and Wyoming.

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Next Stop for Thune’s Bipartisan STB Reforms: President’s Desk

thuneheadernew John_Thune,_official_portrait,_111th_CongressNext Stop for Thune’s Bipartisan STB Reforms: President’s Desk

“By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996.”

WASHINGTON U.S. Sen. John Thune (R-S.D.), chairman of Senate Committee on Commerce, Science, and Transportation and lead Senate sponsor of S. 808, the Surface Transportation Board (STB) Reauthorization Act of 2015, issued the following statement after the U.S. House of Representatives approved the bill by voice vote:

“When the ability to transport products to and from South Dakota is jeopardized, it’s the farmers, ranchers, businesses, and ultimately the consumers who pay the price,” said Thune. “This bill, which I hope is signed into law without delay, will help address the uncertainty encountered by businesses and agriculture producers who are forced to deal with the STB, and it will increase the board’s accountability. By finding common ground among many different rail customers, shippers, and railroads themselves, we are reforming the STB for the first time since the board’s establishment in 1996. This is good news for states like South Dakota that depend on freight rail as a critical tool for shipments – coming or going.”

The Senate Commerce Committee approved S. 808 by voice vote on March 25, 2015, and it cleared the Senate by unanimous consent on June 18, 2015. The bill now heads to the president for his signature.

Highlights of S. 808:

  • Improves the STB’s current dispute resolution process by setting timelines for rate reviews and expanding voluntary arbitration procedures to address both rate and service disputes;
  • Ensures the STB has the authority to proactively resolve problems before they escalate into larger disputes by providing the STB with the ability to initiate investigations on matters other than rate cases; and
  • Improves the STB’s structure and decision making processes by expanding the board membership from three to five, and with proper disclosure, allows board members to talk with one another.

The STB is the federal regulatory body responsible for economic oversight of the nation’s freight rail system. Run by a three-member bipartisan board, the agency has regulatory jurisdiction over railroad rates, mergers, line acquisitions, new rail-line construction, line abandonment, and other rail issues. The STB was created by Congress in 1996 as the successor to the Interstate Commerce Commission. Since that time, the STB has not been reauthorized or substantively reformed.

The Senate Commerce Committee, of which Thune serves as chair, has jurisdiction over our nation’s freight and passenger railroads, and is a member of the Senate Agriculture Committee. In addition, Thune previously served as South Dakota State Railroad Director under former Governor George S. Mickelson from 1991-1993. At Thune’s request, the U.S. Department of Agriculture issued a report earlier this year that concluded the rail backlog in 2013 and 2014 lowered corn, wheat, and soybean prices in the Upper Midwest and caused shippers to pay record-high railcar premiums, 28 to 150 percent above the average previous levels for roughly 65 consecutive weeks.

Click here for a copy of S. 808 and here to see what stakeholders are saying about Thune’s bill.

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Fred Deutch column in Argus: Consider bill that ‘treats transgender students with sensitivity’ in a reasonable manner

State Representative Fred Deutsch is talking more about his legislative measure to keep boys in the Boys locker room, in the face of ridiculous federal legislation:

The bill is needed for a number of reasons that developed since April 2014, when the Obama administration issued what it identified as a “significant guidance document” and established a new interpretation of federal non-discrimination laws (Title IX) to include “gender identity.”

and…

This past month they found an Illinois school district violated Title IX anti-discrimination laws when it did not allow a transgender student who was born a boy and still maintains boy private parts, to change and shower in the girls’ locker room. The school accommodated to every student request, including use of the girls’ shower room. However, because the school required use of a privacy curtain in the shower room, the federal government entered the picture.

The administration’s Office of Civil Rights ruled that the school cannot require the use of a privacy curtain, and must give the transgender student “unrestricted access to the girls’ facilities,” or lose millions in federal funding.

This assault is going on across the country.

and…

Last, the bill treats transgender students with sensitivity. It requires schools to accommodate requests by transgender students in the most reasonable manner available, short of allowing use of the other biologic sex’s showers, locker rooms or restrooms. The goal of accommodation is to allow students to equally participate in all educational and extra-curricular opportunities.

Read it here.

What do you think? While allowing them to participate in the sports opportunities for the gender they identify with, is it a reasonable compromise to disallow those with boy parts to shower with those with girl parts, and vice-versa?

You might need to watch your letter to the editors. Rapid City Alderman accused of pressuring non-profit to fire employee over newspaper column.

Did you catch this story a few days ago? If you didn’t, it’s one that should get your attention. Because the allegations made as part of a lawsuit might have a very chilling effect on how free you might be in exercising your right of free speech.

Because as one former employee alleges as part of a lawsuit – expressing his freedom of speech in a June 17, 2015 Rapid City Journal Column may have triggered pressure to his employer from a City Councilman resulting in his termination:

Former Rapid City Alderman Ron Sasso notified the city that he plans to sue for $885,000.

Sasso claims that then–City Council President Jerry Wright pressured his employers to fire him over an article Sasso wrote in the Rapid City Journal.

In a letter to the city council, City attorney Joel Landeen called Sasso’s claim “weak” and plans to bring the matter up at an executive session of the city council.

Read it all here.

How did this lawsuit come about? As I’m told, it all came up during a lawsuit filed against Rapid City,  Mr. Sasso’s name was brought up in a deposition with Rapid City Alderman Jerry Wright. And it would seem that Jerry Wright wasn’t exactly denying that he had words with Mr. Sasso’s employer about his political opinions:

Q Did you ever become aware that Ron Sasso supported your contender in this last election?

A Yes.

Q Did you ever contact his employer about his blog post?

A Yes.

Q What did you tell him?

A I told him that the statements made there were very unfair and inaccurate, and they did not reflect  well upon me, and very unfair. And I said, I don’t think that the comments that were made should be made by a person in his position. I felt that it looked — I said, you know, I support Black Hills Works, where he works, and I said, I think that your neutrality is an important part of your — part of being in this community.

And his statements were — I don’t know what they were based on. They were certainly not based on facts, in my opinion.

Q And which statements did you actually disagree with that he made?

A He said I was manager of the landfill for years when it was full of corruption.

Q So you didn’t like it very well when someone else was degrading your reputation. Is that fair?

A Well, when someone makes an irresponsible statement in the press, absolutely, because I ran that landfill for 23 years, and it was a simple case of a customer stealing money. And he was caught and shut down by me in February of ’06. And Mr. Sasso obviously wasn’t aware of that.

And the issue became very political when Sam ran in 2011, and I think there were a lot of statements made that were very irresponsible and grossly inaccurate.

And let me add this for the record. Talking about corruption, in the investigation of the landfill, I was never interrogated by any law enforcement or state’s attorney on any issue related to that, nor was I ever charged, nor did I ever attend the grand jury, or anything, for that matter.

Q So then —

A Another thing is Mr. Sasso was not aware of some of the evidence that we had at hand that proved contrary to what he was saying. But go ahead.

Q He was on the city council for one of your terms at the same time, wasn’t he?

A Yes, he was for two years.

Q What was your relationship with him during those two years?

A Sometimes good, sometimes not so good.

Q You earlier stated that the mayor, certain of his actions are as a politician. But you understand that whatever action he’s taking has effect on real people. For instance,  statements made on a radio, they would affect a real person.

MR. NOONEY: Objection; foundation.

A I can’t say they necessarily affected anyone. They could. They may or may not.

Q (BY MR. PEKARSKI:) Okay.

A Depends what they are.

Q Did you think Ron Sasso’s comments affected you?

A Absolutely.

It certainly isn’t the first letter to the editor written complaining about a politician, but it becomes unusual when the politician is so thin-skinned that, by his own admission, he contacts the writer’s employer, and complains about it as if the employer had anything to do with it.

When a City Councilman intimates that he could somehow hold it against them by stating “ think that your neutrality is an important part of your — part of being in this community,”  if that doesn’t cause a chilling effect on one’s rights to express a political opinion, I don’t know what would.

What do you think?

3 weeks until petitions can be circulated. Are you running?

Under current South Dakota State Law, petitions for office can start to be circulated on January 1st, officially kicking off the 2016 election season (we’re all just pre-gaming at the moment).

Has anyone come to a decision as to running (or not running) for office that hasn’t been mentioned yet?

Give us a shout out under the comment section!  Tell us what you’re running for and why.

District 15 State Senate – Buhl O’Donnell bowing out, Kirschman stepping up.

The word tonight is that Democrat State Senator Angie Buhl O’Donnell is officially entering her lame duck legislative session this next month, and will NOT be returning to the State Senate.

In her place, Democrat State Rep Patrick Kirschman is apparently telling people that he’s going to be running for the vacated seat.

For District Democrats, this would be a marked change in representation in that chamber, as during her entire tenure, Angie Buhl has been rabidly pro-choice, and Kirschman has received high marks from the pro-life community, rankied at 100% by South Dakota Right to Life for the 2013-2014 sessions at a time Buhl was ranked at 0%.

That’s all assuming a challenger doesn’t emerge.

in 2014, Kirschman was nearly taken out of contention by independent candidate Eric Leggett, who only came up short by about 150 votes in his first run for public office.

Who knows. That could be a seat way up in the air come November 2016.

South Dakota AG Marty Jackley hosting two fundraisers in December.

South Dakota Attorney General Marty Jackley has two fundraisers coming up this month – one in Pierre, and one in Sioux Falls.

What’s interesting are the names of the people who are putting their names on the line to serve as hosts for the fundraisers, which go towards his Political Action Committee, and supporting his political activities.

For the Pierre fundraiser, State Senator Jeff Monroe has put his name on the line, as well as Hughes County Sheriff Mike Leidholt, Stanley County State’s Attorney Thomas Maher, and Pierre City Commissioner Jamie Huizenga

marty_fundraisers_Page_1

And the Sioux Falls list for tomorrow’s fundraiser is equally intriguing – Former State Senator Gene Abdallah, State Rep Arch Beal, former State Rep & Congressional Candidate Joel Dykstra, State Senator Jenna Haggar, City Councilman Greg Jamison, State Senator Dave Omdahl, Former State Rep (and rumored candidate for this next year) Hal WIck, and Lincoln County State’s Attorney Tom Wollman.

(Update – and PUC Commissioner Gary Hanson, which I missed when I quickly hammered this out over lunch).

marty_fundraisers_Page_2

Looks like someone is starting to gear up for 2018…

South Dakota Delegation Urges Air Force to Base New Air Force Fighter in Sioux Falls

South Dakota Delegation Urges Air Force to Base New Air Force Fighter in Sioux Falls

“South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter”

WASHINGTON — South Dakota Governor Dennis Daugaard, U.S. Sens. John Thune (R-S.D.) and Mike Rounds (R-S.D.), U.S. Rep. Kristi Noem (R-S.D.) and South Dakota Adjutant General Maj. Gen. Timothy Reisch today wrote to Secretary of the Air Force Deborah James urging the Air Force to base the F-35 Joint Strike Fighter at Joe Foss Field in Sioux Falls, South Dakota. Next year, the Air Force is expected to announce its basing decisions for the F-35 Joint Strike Fighter, to include two Air National Guard bases.

“The South Dakota Air National Guard has been one of our nation’s premier fighter units since General Joe Foss founded the squadron nearly 70 years ago,” the delegation wrote. “The 114th Fighter Wing has demonstrated outstanding mission readiness and a superior record of excellence, making South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter.”

There are currently more than 25 National Guard fighter bases in the U.S. After the first two basing decisions in 2016, Air National Guard units in additional states will also receive the F-35.

Full text of the letter is below:

The Honorable Deborah Lee James
Secretary of the Air Force
HQ USAF/CC
1670 Air Force Pentagon
Washington, D.C. 20330-1670

Dear Madam Secretary,

We write today regarding the potential basing of the F-35 Joint Strike Fighter at Joe Foss Field in Sioux Falls, South Dakota.

The South Dakota Air National Guard has been one of our nation’s premier fighter units since General Joe Foss founded the squadron nearly 70 years ago.  The 114th Fighter Wing has demonstrated outstanding mission readiness and a superior record of excellence, making South Dakota an ideal location as the next beddown site of the F-35 Joint Strike Fighter.

The 114th Fighter Wing has been nationally recognized for its accomplishments in flying and combat readiness.  Last year it was recognized with the Spaatz Trophy – denoting the 114th Fighter Wing as the highest rated Air National Guard flying unit – and this year the Wing was awarded the NGAUS Distinguished Flying Unit plaque and the Air Force Outstanding Unit Award.  Its exceptional safety record, critical for conversion to a new weapons system, was validated this year as well, with the Major General John J. Pesch Safety Trophy in addition to a fifth consecutive Governor’s Safety Award of Honor.

The 114th Fighter Wing has exceptional, uncongested airspace providing supersonic and low altitude operations able to meet the unique requirements of the F-35 aircraft.  Additionally, Joe Foss Field has two runways greater than 8,000 feet with cables, maintenance facilities and ramps to support any size squadron, and a state-of-the-art operations complex.  Airmen of the 114th Fighter Wing are highly experienced and trained:  88% of the pilots are “experienced” averaging over 2,100 flying hours and 62% of maintenance personnel hold a 7-level AFSC.

The South Dakota Air National Guard enjoys the unwavering support of the Sioux Falls community and South Dakota citizens.  The 114th Fighter Wing has established a standard of excellence among Air National Guard units clearly making Joe Foss Field an ideal location for beddown of F-35 Joint Strike Fighters.  Please feel free to contact us at any time if we can be of further assistance.

 

Sincerely,

# # #

 

Mind your p’s and q’s when collecting signatures next month… And make sure you get plenty of overage for signatures

A comment from “Tony” under a previous post:

I have heard credible rumors that the Dems will dedicate themselves to challenging signatures in an attempt to prevent ballot access to Republicans. That’s not good. Dems have a proven record that when the can’t win at the ballot box they take it to the court room.

Read that here.

A good reminder to collect far more signatures than you need. Democrats may be trying to knock you off the ballot (because they can’t win otherwise.)