I’m hearing tonight that State Representative Fred Deutsch was just appointed to the vacancy on the House Health & Human Services Committee. Speaker Wink did this through removing him from the House Commerce & Energy Committee.
What makes this more interesting is that Fred, in addition to being a health care provider, is also the newly elected chairman of South Dakota Right to Life.
And the pro-choicers will begin howling in 3… 2… 1….
Harrold Women Sentenced in Election Law Violations Case
PIERRE, S.D – Attorney General Marty Jackley announced that Janice Howe, Harrold, 54, was sentenced yesterday to 4 years with 4 suspended in the state penitentiary for perjury. In addition, Howe was given 4 years of probation.
Charges stem from the circulation and attempted filing of petition sheets on a petition to amend the Constitution. Howe was charged by Complaint on January 31, 2002. The charges allege that Howe verified under oath that she had personally witnessed signatures on the petition sheets when she had not. Howe was arrested in July 2015 on an arrest warrant issued after the filing of the complaint. Two other individuals were charged with similar offenses relating to the same petition. Their cases have been resolved through the judicial system.
The case was investigated by the Division of Criminal Investigation and prosecuted by the Attorney General’s Office.
According to today’s Rapid City Journal, former State Legislator Chuck Turbiville is planning on making himself busy this next year. Very busy:
Former state legislator and first-term Deadwood Mayor Chuck Turbiville says he will run for re-election for mayor in April while simultaneously seeking to return to the South Dakota House of Representatives in next fall’s general election.
“My campaign theme is ‘There is no substitute for experience,’” the 72-year-old mayor said.
Turbiville, who is in his final year of a three-year term as mayor, served in the state House from 2005-2012, before term limits forced him out. He said he would seek the District 31 seat currently held by Rep. Fred Romkema of Spearfish, who is facing the same situation as Turbiville three years ago.
and…
While seeking to return to the state Legislature, Turbiville said he also would run for a second term as mayor in Deadwood’s municipal election next spring.
“Absolutely I can do both,” he said. “There are so many things I’ve started as mayor that I want to complete.”
Mayor AND State Legislator? Someone must be a glutton for punishment.
You might think such offices are incompatible, but an Attorney General’s opinion claims it’s ok. But we have to go way, way back to 1949-1950 for the opinion, which isn’t on-line anymore.
The opinion is referenced by the South Dakota Municipal League in an extensive list they’ve compiled on compatibility, and incompatibility:
…an elected official cannot hold concurrent offices if such positions are incompatible. The major lines of delineation in this area have been made by the Attorney General. For example, the Attorney General has determined that there are essentially four instances when offices are incompatible. They are: 1) when there are statutory prohibitions; 2) when one is subordinate to the other; 3) when one has supervision over the other; and 4) when the duties of the two offices are conflicting. (AGR 1949-50, p.37)
However, the Attorney General has also determined that, while the determination of whether a person may hold two or more positions is usually based upon incompatibility or inconsistency, the question of incompatibility or inconsistency never arises when there is a special statutory prohibition. The rule that governs will change from situation to situation. (AGR 1959-60, p.45)
Positions which are compatible include the following:
1) Mayor and state’s attorney; (AGR 1907-08, p. 215)
2) Office of mayor and member of the board of county commissioners; (AGR 1949-50, p. 37)
3) Mayor and state senator; (AGR 1949-50, p. 358)
4) Treasurer of a school district and trustee of an incorporated municipality; (AGR 1949-50, p. 75)
5) Assessor and register of deeds; (AGR 1949-50, p.56)
6) Office of county commissioner and membership on the governing board of a municipality; (AGR 1929-30, p. 278)
7) Office of state’s attorney and city attorney; (AGR 1949-50, p. 331)
8) Municipality marshal and sheriff or deputy sheriff; (AGR 1953-54, p. 84)
9) Police magistrate and candidate for the state legislature; (AGR 1953-54, p. 292)
10) Office of county clerk of courts and city councilman; (AGR 1955-56 p. 68-9)
11) Office of register of deeds and mayor; (AGR 1955-56, p. 217)
12) Office of county sheriff and peace officer of a municipality within the county; (AGR 1955-56, p.420)
13) Appointed municipality treasurer and treasurer of a school district. (AGR 1959-60, p. 45)
14) No mayor, alderman, commissioner, or trustee in a municipality is disqualified from holding office as a result of holding any liquor license. (SDCL 9-14-16)
15) City council and county commission. (AG Opinion 88-24)
16) Any mayor, alderman, commissioner, or trustee may serve in a volunteer, unsalaried municipal position or provide any service for the municipality if the compensation for such service does not exceed $5,000 per calendar year. (SDCL 9-14-16.1)Positions which are incompatible include the following:
1) No mayor, alderman, commissioner, or trustee shall hold any other office under the municipality while an incumbent of any such office. No auditor or clerk may hold the office of treasurer in the municipality while an incumbent of such office. (SDCL 9-14-16)
2) A mayor may not be an attorney for a defendant in a criminal case for a crime committed within the municipality of which he is mayor. (State ex rel. Jones v. Taylor, 46 SD 354)
3) A city councilman may not be the defense attorney or counselor for a defendant charged with the violation of a municipal ordinance or a state law where the facts would also be a violation of the laws of his municipality. (AGR 1953-54, pp. 184-186)
4) Member of municipality board and janitor of a municipal building; (AGR 1932-34, p. 492)
5) County judge and city attorney; (AGR 1949-50, p. 133)
6) Member of a city council and municipal building, electrical, and plumbing inspector; (AGR 1955-56, pp. 105-106)
7) Member of city council and county high school board; (AGR 1949-50 page 75 and 1953-54, p.73)
8) Office of director of assessments and member of municipal governing board; (AGR 1955-56, p. 304)
9) County justice of the peace and the municipal chief of police; (AGR 1957-58, p. 116)
10) Municipality auditor and county auditor. (AGR 1959-60, p. 84)
11) Legislator and school board member. (AG Opinion No. 84-24)
12) Mayor and school board member of encompassing school district. (AG Opinion No. 85-23; Raymond v. Richardson, 6th Judicial Circuit, Sept. 18, 1985)
13) County director of equalization and school board member. (AG Opinion 86-6)Despite the guidance provided by the Attorney General and case law, conflict remains a confusing subject. If (and when) you experience a conflict issue please consult with your city attorney or contact the League at 800-658-3633.
It’s interesting that while Legislator and School Board member are incompatible, Mayor and Legislator are just fine. What’s the difference? For one, the Mayoral question came up in 1950, and the School Board question came up in 1984. Time and interpretation of the conflict can make a great deal of difference given the change in laws, and the change in Attorneys General. Some have gone for a broader interpretation, and some have been more narrow.
And AG opinions are just that – opinions. They don’t hold the force of law, but they are recognized as being a well researched legal brief. You can ignore it, but you can also take your chances in court against the people who did the extensive research on the friendly hint that you can or can’t do something.
In this case, the question hasn’t really been asked formally in 65 years. So, time, laws and circumstances may have changed enough where someone could take a closer look, and come up with a different answer.
Then there’s always the reasonable question as to why someone would want both? Are they that masochistic that driving a car into a brick wall isn’t sufficiently painful?
Eh, to each his own.
Ultimately, the issue could pose a significant question for any opponents to raise to the electorate, specifically whether or not they want to consolidate that much authority in one person. We might be a state small in population. But you might be able to find at least one other person who would take on one of the offices.
USD earned the honor today of being declared “Officially the most underrated party school in the country” today by the website “University Primetime.” And you can watch the video which earned them the honor here:
For politicos – John Thune parade cameo at 2:25.
Before I posted it, I had to watch it to make sure I didn’t have any kids in it, although by the looks of it, a lot of people’s kids are.
(And another reminder of why I can’t complain that they didn’t have digital cameras and social media yet when I went to SDSU. Shout out to any SDSU SAE members who remember the old MASH Bash with hard liquor!)
I’m back at my desk after the fundraiser for State Representative Matthew Wollmann this evening in Madison. It gave me a good excuse to pop by and grab my daughter from DSU to drag her along, and it was well worth the time. It was a nice event, with a good crowd.
And it ended up being “old home week,” with a lot of familiar faces; House Majority Leader Brian Gosch was there and spoke to the group about Representative Wollmann’s work. We also had House Majority Whip Kris Langer in attendance, and Representative Les Heinemann who was there to support his running mate.
In addition to current elected officials had a chance to see old friends as well, such as former State Senator Russ Olson, and LAIC Executive Director Julie Gross who was there with her husband. I also had the chance to chat with Erin Schoenbeck who popped in for a bit.
Jason Ravnsborg was also there, and he apparently has an army of clones because he is at every event imaginable supporting the elephant!
When it came to be his time to talk, State Representative Wollmann gave a nice presentation about his work in Pierre over the past year, as well as briefly touching on his plans for this next session, including an introduction to a neat piece of technology he’s using to track his legislative efforts.
It showed that among House members, he had the second highest success rate this past year in passing his legislation which included the revision of the definition of a veteran to include those serving in the National Guard, as a result of the Guard’s use in modern conflicts.
As noted, it was a nice event, with lots of his hometown friends and supporters who were there to help usher him into the start of a successful legislative session, and 2016 legislative campaign just beyond that.
Noem Leads House in Protecting Tribal Sovereignty on Labor Issues
WASHINGTON, D.C. – Representative Kristi Noem today led the U.S. House of Representatives in passing H.R.511, the Tribal Labor Sovereignty Act of 2015. This bipartisan legislation, which many South Dakota tribes have long supported, would clarify that the National Labor Relations Board (NLRB) does not have jurisdiction over tribally owned and operated businesses.
“Tribes work daily to overcome high rates of poverty and unemployment. They continually encourage economic development through self-determination. The last thing they need when trying to improve economic opportunities for their citizens is a federal bureaucracy meddling with their efforts,” said Noem. “I’m hopeful today’s legislation will correct the record and reaffirm our commitment to tribal sovereignty.”
In 2004, NLRB unilaterally determined that the National Labor Relations Act applied to tribally owned businesses on tribal lands. Tribes have expressed great concerns over the impact of this ruling, as it poses a threat to the foundation of Indian law and the principle of tribal sovereignty. H.R.511 would clarify in law that tribally owned businesses on tribal lands are not subject to the jurisdiction of the National Labor Relations Act. As a result, NLRB would not have administration and enforcement powers on reservation land for tribally owned businesses.
Rep. Noem first introduced the Tribal Labor Sovereignty Act in 2011. She re-introduced the legislation in 2013 and helped move the bill forward in the House as a cosponsor this Congress.
Thune: ISIS Must Be Stopped
“The United States, as a champion of freedom and democracy, has a duty to stand up against ISIS’ brand of radical Islam and stomp it out wherever it exists.”
WASHINGTON — U.S. Sen. John Thune (R-S.D) today offered his condolences to the victims of the heinous terrorist attacks in Paris, France, and discussed how America’s top priority must be to act diligently to eliminate this threat and protect the American people from future attacks.
Remarks (as prepared for delivery):
“Thank you, Madam President.
“I want to begin by echoing the condolences shared by millions around the world regarding last week’s attacks in Paris.
“Our thoughts and prayers go out to the families and loved ones of those who died.
“As a nation, we remain committed to supporting and defending the people of France in whatever way we can.
The attacks in Paris last week remind us again of the dangerous world we live in.
“Although Paris has become the focus of attention, the day before the attacks in France, two ISIS suicide bombers in Beirut blew themselves up, killing 40 people in a bustling urban area.
“Our thoughts and prayers go out to the people of Beirut, and to all those who have suffered loss at the hands of this horrific terrorist organization.
“Madam President, ISIS remains one of the most brutal and indiscriminate terrorist organizations in recent history.
Its campaign of violence is not limited to a specific region, nationality, or religion.
“As the events in Paris have shown us, the threat posed by ISIS reaches well beyond the borders of Iraq and Syria.
“If it can, ISIS will spread its campaign of violence to innocent people all over the world.
“Madam President, the United States, as a champion of freedom and democracy, has a duty to stand up against ISIS’ brand of radical Islam and stomp it out wherever it exists.
“ISIS represents a clear and present danger to the American people and our allies, and it must be stopped.
“President Obama, when asked about ISIS the day before the Paris attacks, made the following statement:
“He said, quote, ‘I don’t think they’re gaining strength … From the start our goal has been first to contain, and we have contained them.’ End quote.
“‘We have contained them’ – Those are his words.
“Unfortunately, ISIS does not appear to be contained.
“My colleague from California, the ranking member on the Intelligence Committee, responded this week by saying, quote, ‘I’ve never been more concerned. I read the intelligence faithfully. ISIL is not contained. ISIL is expanding.’
“Yet Yesterday, President Obama unbelievably doubled down on this failing strategy, stating ‘We have the right strategy and we’re going to see it through …’
“And when referring to the Paris attacks, he called them a ‘setback.’
“A ‘setback.’
“Madam President, based on the number of casualties and population of France this attack was the equivalent of a 9/11.
“I would hardly call such an attack a mere ‘setback.’
“When it comes to the U.S. strategy against ISIS, one thing is clear: ISIS cannot simply be contained. ISIS must be defeated.
“From what we have learned so far, most of the terrorists involved in last week’s Paris attack were individuals who already resided in France and Belgium.
“That means these are individuals who became radicalized at home, received training or support from ISIS, and in some cases traveled to Iraq or Syria for training and then returned to France to carry out these attacks.
“Since ISIS first occupied territory in Iraq and Syria and began recruiting foreign fighters, the possibility of these combatants returning home has been a concern to the United States and our allies.
“And this attack in Paris demonstrates the validity of that concern.
“As a nation, we must remain vigilant in defending our homeland against this type of attack by radicalized individuals holding U.S or European passports.
“I also want to speak for a moment about the Syrian refugee crisis.
“As we are all aware, the regime of Bashar al-Assad is responsible for the civil war in Syria that allowed ISIS to gain a foothold and expand.
“Assad used chemical weapons on his own people, and hundreds of thousands of lives have been lost as a result of the conflict he created.
“It is completely understandable that the peace-loving people of that country want out.
“Just this week, several of my colleagues sent a letter to President Obama, expressing concerns about the possibility of ISIS infiltrating the Syrian refugee population, and asking what is being done to thoroughly vet these refugees.
“Over half the governors in this nation have stated they don’t want Syrian refugees resettled in their states.
“I share their concerns.
“The U.S. should not accept Syrian refugees as long as there is a threat posed by ISIS.
“If we cannot be 100 percent certain that additional refugees from Syria do not put Americans at risk, the president’s plan to accept up to 10,000 additional refugees this year should be rejected.
“And if the President tries to act unilaterally, Congress should cut off funding to prevent the President from taking any action that would put the American people at risk.
“If we are really going to be serious about solving the Syrian refugee crisis, the answer is not deciding which countries are accepting how many refugees.
“The answer is to defeat ISIS and remove Bashar al-Assad from power so the peace-loving people of Syria can return home.
“On that point, I want to speak about a realistic strategy for defeating ISIS.
“So far, the United States has relied almost entirely on airstrikes.
“Prior to the attacks in Paris, France was already the coalition partner conducting the second-greatest number of airstrikes against ISIS.
“Those airstrikes have been ramped up in recent days, but this is not a fundamental shift in our strategy.
“Airstrikes are important, but ultimately they cannot be a solution in themselves.
“It was Obama’s politically motivated decision to withdraw troops from Iraq that ultimately led to ISIS expanding into Iraq to begin with.
“Obama stated yesterday that boots on the ground would be a mistake, but it was Obama’s decision to withdraw U.S. troops that is partially responsible for creating this problem.
“And now we are at a point where retaking territory from ISIS will require ground forces – there is no way around it.
“If President Obama is going to be realistic about defeating ISIS, he needs to form a coalition capable of taking the war to ISIS on the ground.
“That does not require the U.S. committing ground troops, but it does require the US leading by example, and forming a coalition capable of fighting both in the air and on the ground.
“The president needs to stop talking about containment, and start acting on a strategy that will root out and defeat ISIS wherever it can be found.
“Thank you, and I suggest the absence of a quorum.”
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Senate Urges President to Rein in Overreaching EPA
“President Obama should put aside his aspirations to expand the federal government at the expense of Americans’ family budgets and abandon his threat to veto these resolutions.”
WASHINGTON — U.S. Sen. John Thune (R-S.D.) today welcomed passage of legislation expressing the Senate’s disapproval of a federal rule detailing President Obama’s carbon mandates, which would increase the price of electricity and reduce grid reliability.
“President Obama has once again attempted to circumvent Congress with his far-reaching and excessive carbon mandates. This new national energy tax is expected to cost hundreds of billions of dollars over the next 15 years and will force electricity prices even higher for Americans who are already struggling to pay their bills. President Obama should put aside his aspirations to expand the federal government at the expense of Americans’ family budgets and abandon his threat to veto these resolutions.”
Twenty-six states have challenged the final Clean Power Plan in court, requesting an initial stay on the rule.
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Senate Passes Bills to Eliminate Obama’s Costly Energy Regulations
WASHINGTON—U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Environment and Public Works Committee, today voted to stop the Environmental Protection Agency (EPA) from moving forward with its proposed “Clean Power Plan” regulations for existing sources and its final rule governing greenhouse gas emissions from new sources. The Senate passed two resolutions of disapproval under the Congressional Review Act, which will stop these rules all together. Rounds is a cosponsor of both resolutions.
“From farmers and ranchers to local government officials and the South Dakota families they represent, everyone is sick and tired of the reckless, costly regulations the EPA is attempting to force upon our economy,” said Rounds. “This administration has no regard for the cost of these regulations, which will raise electricity rates for every American in the country. Passing these resolutions is a win for American families who rely on reliable, affordable energy to keep their loved ones safe and our economy running.”
The Congressional Review Act allows Congress to overturn actions by a federal agency, such as the EPA, after a rule is formally published and submitted to Congress. If the President signs the resolution of disapproval into law, it would completely nullify the Clean Power Plan, including any portions of the rule that have already gone into effect. Earlier this year South Dakota, along with 25 other states, filed a Petition for Review and a Motion to Stay in the U.S. Court of Appeals for the District of Columbia Circuit against the Clean Power Plan. If the President vetoes these resolutions, Congress would have the opportunity to override his veto.
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Interesting. I heard from a friend – who had a facility rental set up to go – that he could no longer use his local National Guard Armory. Apparently, I was told, “they are suspended from civilian usage for a while.”
Not sure how widespread it is, but it’s a pretty interesting occurrence to come up after the Paris bombing this past weekend.