Author: @SoDakCampaigns

I was watching the KELOland news report last night on the SOS office, and allegedly missing documents, and I have to say that was one of the most confusing stories I’ve ever watched.

It seems there’s a bit of folderol and a lot of confusion about a few things.  A “hack,” “a server,” and some documents that were taken off-line.  I guess I’m confused about the hype, because at least for the parts I’m aware of, it seems there’s a lot of misinformation out there.

Speaking about the alleged “hack” that happened, if it’s the one I’m thinking of in April of 2012, if I recall, it was one of those annoying, but occasional things that happen from time to time.

Someone outside of state government was trying to grab copies of the business filings that resided on the state of SD’s Mainframe Server.  BIT – The Bureau of Information Technology – would have notified us that someone was eating up all our shared resources. And when I say they were eating up resources, they would have been trying to figure out how to download all the public documents placed on-line at once.

And that’s an important point. These were all public documents, just like campaign finance reports, lists of notaries, etc.  There’s no secret information stored there.  Same stuff any joe off the street could go in and ask for today. However, the system was designed to allow people to look up documents one at a time, as they are today. But try to take them all, which was not ever intended, and it creates a log jam.

So they (BIT) shut down that portion of our website until tech support could block them. That required us to put a notice on our web site that business filings were unavailable on-line, and people seeking it could call in for the information.  (And you still couldn’t get it all at once, either.)

As soon as the offending party was identified and blocked, or the solution found, click, they flip the switch back on.

And that leads me to the other point. The “server.”  At that point in 2012, any and all business filings would have still been in an old format, and residing on the state’s mainframe server, inside the state’s firewall. 

In fact, I’m not sure contracts had been signed yet on a project that was in it’s infancy – to move state election night reporting onto the Microsoft Azure cloud and off of state servers because BIT was screaming about the resources needed to serve up the results.

(And for those asking, that Microsoft Azure cloud server, as far as security went, it was backed by a global incident response and monitoring team 24/7.)

For the rest of it, it happened after I left, so I can’t speak to it with any authority. That, and business filings weren’t my area. I managed the staff who handled notaries, pistol permits, the office computer guy, and I wrote the blue book.

When you’ve got a story that talks about “hacks” and “servers,” most people’s eyes glaze over, and if someone wants to make something of it, it’s pretty easy to gin people up because most people don’t understand. And a “hacked system with thousands of documents being taken off-line” is much more exciting than blocking someone trying to download too much at once.

My vacation is almost upon me, and the itinerary is set.  In about 36 hours I should be in Boston, or very close to landing at the Boston airport.

I’ve been looking forward to this vacation for weeks, so I’m pretty pumped up. I believe we’re planning on walking the freedom trail as soon as we get our things to the hotel.

In the past couple of weeks, anticipation for walking the Freedom Trail has taken on more meaning after having spent some time working on my genealogy. I discovered I had an ancestor or two on my mother’s side who participated in the American Revolution. Peter Waltz served as a private in the Maryland Continental Troops from April 1775 to September 1780, and participated in 14 battles of the Revolution.

Unfortunately, I’m going to Massachusetts, not Maryland. But I did get in contact with a 2nd cousin on my father’s side who teaches at MIT, and who has also done extensive genealogical work on the other side of the family, where they all trace back to Ireland in the early 1800’s.

Otherwise, most of them lived in Rhode Island. I’m really going to have to take a better planned trip next time. But I digress.

Boston is full of American History, and I’m looking forward to soaking it all in as much as I can in the time allotted.  From there, we go to Salem, Massachusets.  Portland, Maine., and back to Boston for a final day in bean town.

My wife wants to hit the oyster place, (that’s her thing). Me? I’d really love to find the Irish pub I visited the last time when I was there. It was authentic as they come.

If I find something interesting along the way, I’ll be sure to share.

 Thune Receives Important Update on Sanford Underground Research Facility

LBNF/DUNE Will Bring Scientists, Researchers, Educators, and Nearly $150 Million in Regional Economic Activity to South Dakota

Sen. Thune is pictured with Dr. Nigel Lockyer

WASHINGTON — U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, today received an update from Dr. Nigel Lockyer, director of the Fermi National Accelerator Laboratory (Fermilab), based in Batavia, Illinois, on the progress of the Long-Baseline Neutrino Facility (LBNF) that will facilitate the Deep Underground Neutrino Experiment (DUNE). The project will include facilities at Fermilab and the Sanford Underground Research Facility (SURF) in Lead, South Dakota, and will advance our understanding of neutrinos and particle physics. LBNF/DUNE will bring leading scientists, researchers, educators, and during construction from 2017-2023, an estimated $150 million in regional economic activity to the Black Hills.

Today’s meeting follows a separate meeting Thune held recently with Dr. France Córdova, director of the National Science Foundation, which provides research funding for the DUNE collaboration. Dr. Córdova also highlighted the importance of the project and the research opportunity it presents for the United States.

“LBNF/DUNE is a cutting-edge scientific research project that puts South Dakota in a leading role in neutrino science,” said Thune. “It’s good to hear that this project, which will bring jobs and an estimated $150 million in economic activity to South Dakota, is on track and ready to proceed as planned. The advancement of this type of research will have a worldwide impact, and it’s exciting that South Dakota can be a part of that.”

As part of LBNF/DUNE, Fermilab will send an intense beam of neutrinos 800 miles through the Earth’s mantle to a detector at SURF. The U.S. particle physics community identified the project as the highest priority domestic construction project, which will help ensure U.S. dominance in neutrino physics over the next 20 to 30 years. SURF is an ideal detector site for the project, as its underground depth will shield the experiment from the influence of cosmic radiation.

Earlier today, the 2015 Nobel Prize in physics was awarded to Dr. Takaaki Kajita of Japan and Dr. Arthur McDonald of Canada for their work with neutrinos, specifically a breakthrough discovery that neutrinos contain mass.

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A few South Dakotans have resigned from their legislative seat to run for federal office. I’m not thinking Democratic Congressional Candidate Paula Hawks is going to be one of them.

Hawks, currently serving as a representative of District 9, has finally filed her financial disclosure forms with the clerk of the US House. And I’m not seeing the ability to put a lot of personal funds into the race. In fact, I’d wonder if she can afford to take the time off of work to campaign, except that her campaign will probably be paying her a salary as Stephanie Herseth’s did when she ran.

Paula Hawks Financial Disclosure

The “Rick Weiland Taxypayer funded political campaigns” measure is out being circulated as of at least yesterday. And in case you hadn’t seen it yet, try not to laugh at the petition form:

Taxpayer Funded Campaign Measure

Yes, it’s basically being circulated as part of a road map.  Which begs the question – would you sign something you’d have trouble reading in 10-15 minutes?

Of course not. So the group has a flyer they’re handing out to people to get them to sign (as provided to me by a SF resident who had it stuck under her nose):

Now wait a minute….   The petition has whole sections devoted to how they’re going to set up taxpayer funding for political campaigns.  But their li’l ol’ flyer has none of that information. How can it be?

Why, the flyer appears to be just a bunch of sloganeering, with no information whatsoever.  How can that be, considering nearly 25% of the pages – 1/4 of the act – is devoted to a scheme of having taxpayers pay for politician’s political campaigns?

If you go to the website, it equally avoids that question…

Yes, you have to start drilling deeper down into the web site before you even get a hint that they want taxpayers to pay for their campaigns. We don’t have enough for roads and education, but Rick Weiland wants you to pay for people like him to run for office?  AMAZING!

You have to wonder – is this coming as an initiated measure, because no one in their right mind, not even Democrats, would bring this ridiculous bullsh*t as a bill in the legislature in South Dakota?

Who out there as John Q. Citizen is asking that taypayers pay for politicians to campaign?

Well, let me see…… NO ONE!!  NO ONE AT ALL IS ASKING FOR TAXPAYERS TO GIVE THEM MONEY TO GO CAMPAIGN WITH!!

If you think about it, Rick’s measure is a lot like Scientology. Where it all sounds good and noble on the surface. Except as you dig farther into it, you find out that it’s based on a theory that we’re possessed by million year old alien ghosts who were killed with hydrogen bombs by an overlord named Xenu.

Yes, it’s that ludicrous.

And with the length of this petition, and the silliness contained therein, let’s hope they can’t addle & confuse the 15 – 20 thousand or so people they’ll need to inflict this upon the ballot.

I had previously noted a story where the Flandreau City Council is getting crabby with news reporters who wanted to tape and broadcast public meetings:

I believe the South Dakota Newspaper Association got into it with them, and it’s currently being quibbled over. But I was given some of the information surrounding the city’s basis for refusing to allow it, some of which sounded downright bizarre:

The City’s position: any reporter’s recordings and notes, if just for their own use, are fine. But should someone choose to broadcast and/or live stream the recordings, The City Atty contends the newspaper is creating a public record, and in doing so the reporter would need to properly maintain those records in accordance with SDCL Ch 1-27.

WHAT!?! How on earth does a private citizen create a public record by taping a meeting? Or, how does government assert a copyright of a public meeting?  I have the feeling that any such assertion would be utterly, and embarrassingly shredded in a court of law.

Not to mention that if what the city of Flandreau was spouting was even remotely correct, state law provides open inspection and copying of public records, and puts nearly no limitation on their use, absent federal copyright laws.

With the controversy raging, I thought I’d ask our own State’s Attorney General, Marty Jackley about it.

I noted to Marty:  There’s an open meeting controversy raging in Flandreau right now where the Flandreau City Council and their attorney have threatened a city newspaper reporter with legal action for wanting to record and broadcast open, public meetings for the public to view in order to know what goes on in those meetings.

The meeting is open, but is the law definitive on the legality & allowance of recording devices in those situations?  Statutorily, does the city commission have a leg to stand on?    Do they have every right to block any video recording and/or live streaming? Or is that area murky in state law?

Attorney General Marty Jackley’s Reply?  “State statutes are silent on the right or limitations to audio and/or video recording of public body meetings.  In the first instance, it is up to the legislature to enact laws that either allow or prohibit the recording of public meetings by members of the public.  Absent controlling state statutes, the Court may through interpretation of the overall statutory scheme address and define such a right.  Until such time, it would appear the public body is responsible for the conduct of their meetings and for maintaining the decorum of their proceedings.”

Wow.  State law is absolutely silent?  And I’m no closer to any answer as to “Can you tape that public meeting?”

As I found, and you’ll note, the answer is a little more complicated than you think. South Dakota courts have so far been silent on it.   And as you can assume from the fact there are no laws on the books, there’s no legislative guidance on the topic, either.

However, in Florida, the issue did come up, and was taken to court.  According to the Digital Media Project:

At least one court has held that there is no federal constitutional right to make a video recording of an open meeting, at least not when other methods are available for compiling a record of the proceeding, such as written and stenographic notes or audiotaping. Whiteland Woods, LLP v. Township of W. Whiteland, 193 F.3d 177 (3rd Cir. 1999). Government bodies may therefore place reasonable restrictions on the use recording devices, including a ban on certain devices, in order to preserve the orderly conduct of its meetings.

and…

Even when no state open meetings law affirmatively gives you the right to record, many state statutes permit the recording of speeches and conversations that take place where the parties may reasonably expect to be recorded.

Read that here.

That’s not exactly comforting. In another state, there are “reasonable” restrictions. But, who decides what’s reasonable?

As I understand, in addition to Flandreau, there may be similar controversies in Hartford and Harrisburg surrounding parties wanting to record open meetings.

South Dakota is a conservative state. However, we always believe that our government should be as close to the people as possible.

When a city council believes that having their decisions recorded on video tape is problematic, it might be time to guarantee that the open meeting is fully open, and any possible restrictions to making a recorded record of what took place at the meeting are declared null and void.

As noted by the Attorney General, South Dakota has no legislative or judicial guidance on the topic.  As the 2016 Legislative session approaches, it might be time to memorialize what has been a long standing practice by most public boards, and put it into writing in our State’s law books: That private citizens have a right to record and rebroadcast the proceedings of public meetings.

And let no crabby city council members stand in their way.

First we had the “senate spoiler” who isn’t exactly enamored with Catholics, Kurt Evans, making noise about running as an independent in the US Senate Race against John Thune.

Now, it looks like we’ve got another fringe candidate seeking attention for themselves.

Apparently, after talking about it a month ago, Mike Myers, the push-ups guy, is still making noise about jumping in the race too, claiming he’s looking at it and will make a decision by Jan 1.

With a huge void created by the dysfunction and inability to field candidates on the part of the Democrat party, has the ‘independent fringe candidate’ become the new normal in South Dakota politics?  Are we going to soon get our own blood-drinking pagan making an announcement for US Senate?

I’m sitting at my desk this morning contemplating my experiences with former Governor Walt Miller. Unfortunately, my wife is on an out-of-state work trip, so I couldn’t attend the services yesterday.  And that was too bad. I consider Pat Miller as a friend, and the same went for her husband, who I knew less, but I always thought well of.

During my tenure with the SDGOP in 1988 & 90, you might say I was “low man on the totem pole,” but nonetheless, it was still fun participating in all the behind the scenes activity.  On one occasion, I was asked to give the then Lt. Governor Miller a ride back to the Mickelson re-election campaign headquarters from an event.

Having just called an auction to raise money at the event, in the car, he and I had a nice conversation about the history of why auctioneers have the honorary title of “colonel.”  And he remembered that as we ran into each other along the campaign trail

At the time, it was a brief chat, but it impressed me that one of our state’s highest elected officials took a few moments with me, and despite being a college kid of not much consequence, remembered who I was.

And maybe that’s the best tribute of all that we can give to one of our past leaders – Someone who rose by chance or by fate to serve in our state’s highest office, who took the time to know the people he met on the way up. Someone who was, at the heart of it all, a good man.

From the Argus Leader:

A Hughes County grand jury has charged former Attorney General candidate Chad Haber with violating election laws in connection with his wife’s 2014 Senate campaign.

Haber spoke out against the two felony charges in a press conference Monday saying the charges were unfounded and that Attorney General Marty Jackley was out to get him.

Read it here.

Chad called a press conference? For what? To claim it wasn’t his signature on the petition claiming circulation of the petition while he was in the Philippines? Somehow, I don’t think this is something he really wants to spend the money to fight.

But what do they say about people who represent themselves…..? (From KELO):

“When Annette had to go before the board, it was because no lawyer would touch it. It might be one of those cases again where no lawyer will touch this and so then it will be just me,” Haber said.

Haber says when he does appear in court, he won’t be as nice as when his wife took the stand.

Read it here.

Otherwise, despite the press conference, it’s pretty clear that the charges originate from Hughes County, and not the State of SD. Or the Attorney General.  (Which was reiterated when I contacted their office to ask about it, with them noting “this was Hughes County States Attorney.”)

But as for his puffing his chest up with false bravado, and saying “he won’t be as nice as when his wife took the stand….”   Why do I have the feeling his trial is not going to go well for him?

Fool for a client, and all.

From Tom Lawrence, former Mayor Sam Kooiker of Rapid City heads home to Iowa to become a city manager:

Kooiker, unseated this summer by former police chief Steve Allender, is departing from Rapid City and headed home to his native state of Iowa. He will remain in government, but not as an elected official.
It was announced Monday he will be the new city administrator in Cherokee, Iowa, as of Jan. 1, although he will work with the retiring city official starting in December.

and…

Kooiker had an interesting coalition of support in Rapid City, somehow combining social conservatives, Native Americans and small-government advocates. As he likes to say, he finished first in four of the six mayoral elections he was in and was undefeated in his council races.

Read it all here.

I had to chuckle – I actually know where that is! I drive through there every once in a blue moon when I go to Ft. Dodge to see relatives. I might just have to stop for a cup of coffee!

But, I’m also a little melancholy. There will be an open seat in his legislative district that I was sure he might have had his name ready to be stenciled on it.

But life is funny that way. Sometimes, as we muddle through our lives, as doors close, new and unexpected ones open. And we find ourselves going places we might have never expected.

Huge congratulations to Sam on his new position!