Marty Jackley statement on potential Bosworth sentencing

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From Attorney General Marty Jackley, a further explanation of the sentencing guidelines in the Bosworth case, the future of her medical license, and how much of this could have been avoided by Dr. Bosworth’s own actions:

Marty JackleyWhile the state does not usually discuss plea negotiations, based upon the continued misrepresentations of both law and fact by Mrs Bosworth and the Bosworth campaign representatives I will generally confirm: 

1). Mrs Bosworth’s public statement (ap) that she would have been required to plead to every felony count is absolutely false and inaccurate and her lawyers have been advised of that in writing;

2) While the Attorney General has many responsibilities, licensing physicians is not one of those responsibilities.  The state medical licensing board made up of South Dakota physicians determines medical licensing issues. Because at the Secretary of State’s request the Attorney General handled the criminal prosecution the Attorney General is not involved in providing legal advice to the medical board in relation to Mrs Bosworth’s potential medical license issue;

3) Before bringing any charges I consulted with my colleague state attorneys general and there are several cases of similar type petition violations such as the Butch Morgan’s case out of Indiana;

4) All plea negotiation attempts by the Attorney General would have put Mrs Bosworth in a better place then she currently is in relation to any potential sentence or permanent record.

Whether or not Mrs. Bosworth’s continuing actions and statements constitute acceptance of responsibility will be for the court to determine at sentencing.

Democrat Mike Huether: Do as I say, not as I do. Bus rides for kids bad. Billboards featuring Huether good.

Did we just land in opposite land!?!   The quote in today’s Argus Leader from Democratic Mayor Mike Huether just floored me, as he came up with the flimsiest of excuses for his backhanded swat at the City Council’s approval of free bus rides to kids in the summer:

Mayor Mike Huether won’t sign off on a new city busing program offering free rides to Sioux Falls youth this summer.

A resolution passed by the Sioux Falls City Council last week to waive rider fees for people 18 and under through summer break sat at City Hall for seven days before Mayor Huether returned it to the city clerk Wednesday evening without his signature.

and..

” I do believe the resolution has some merit. It was the process, the rush and the lack of prudent due diligence that I could not defend nor support,” he said.

Read it here.

“It was the process, the rush, and the lack of prudent due diligence?”  Is he kidding?  Is he freaking kidding?   I ask, because process didn’t seem to be so concerning to him over when he was plastering his face all over billboards in the See my face?- I’m running for Governor in 2018 “Sioux Falls Has Jobs” web site debacle:

Mayor Mike Huether unveiled an ad campaign and website Thursday aimed at helping employers fill more than 2,000 job vacancies that exist in the city.

The effort includes billboards and kiosk ads that prominently feature the mayor and the address for a new website…

and…

“I’m OK with it happening, but I am just surprised that we didn’t ever talk about it as a council,” she said. “I don’t want to be negative, because it has the potential to be a great thing, but I wish I had known more ahead of time.”

Council chairman Dean Karsky agreed.

“I think it’s a fantastic way to go out and market Sioux Falls. We’re not advocating for any one particular industry, employer or sector,” he said. “But I think it would have been nice for the administration to advise the council or at least an informational meeting. We’re the ones that put together the budget. We shouldn’t be surprised by stuff that’s coming down the pipe like this.”

Read that here.

And how much did each cost?  According to the above article, the city of Sioux Falls as directed by Huether “entered two separate contracts worth about $8,000 and $3,500 for kiosk and billboard advertising” which prominently featured the mayor.  According to this article,  “A student rider pass during the summer months, offered since 2010, has yielded modest interest – 185 kids took advantage of the $25 seasonal passes last summer.”     That’s $4625.

So, according to the mayor, spending $11,500 to plaster the mayor’s glamor shot photos all over Sioux Falls is ok to secretly do on a discretionary basis. But when in public session the City Council decides to spend $4600 to let kids ride public transit to the pool…?  “It was…. the rush and the lack of prudent due diligence that (he) could not defend nor support.”  And we have Huether’s backhanded treatment of the measure to accompany his passive-aggressive comment.

Sorry. But I just threw up in my mouth a little.

Hypocrisy, thy name is Mike Huether. And try explaining this one on the campaign trail.

Candidate already planning for District 32 House Vacancy.

Last night, as I was waiting for the Eagles Concert to start, I had an e-mail from a new reader who had caught my musing over whether or not Sam Kooiker was going to get into the District 32 House race with term limits affecting Brian Gosch.

Sean McPherson wanted to make sure that SDWC readers were aware that there’s someone already running for that seat – HIM.

SeanMcPherson

McPherson’s bio notes that “After spending eight years in the United States Navy submarine fleet working on guidance systems for nuclear weapons and teaching electronic submarine warfare, he went to work for 4 years serving as a project manager at Intel Corporation and two years as a Field Sales Engineer for Sencore Corporation, Sean then entered full time ministry…. He serves as Senior Pastor at Real Life Church and High School Bible teacher at Rapid City Christian.”

Sean’s declaration of interest for the race makes him one of the first announced candidates for 2016.

Check out his web site here. And remember – the early bird gets the worm!

Don’t be distracted by all the common core chatter on the Blue Ribbon Task force. It’s about economics, not content standards.

I’ve had a few legislators bring this facebook post from South Dakota State Representative Elizabeth May to my attention, and I’m finally getting 10 minutes to get the opportunity to convert the post from a series of screen grabs to text.

May expresses her unhappiness with the Blue Ribbon Task Force, the participants, how they’re conducting the meetings, and with common core. No, she’s not saying common core causes suicide again. But, she is interjecting it into the task force examining how we fund education.

Read for yourself:

Elizabeth Marty May – Jun 2 at 11:26pm

This morning, the following email was sent to all South Dakota Legislators from Tony Venhuizen, Chief of Staff to Gov. Daugaard, on behalf of Sen. Deb Soholt and Rep. Jacqueline Sly, Co-Chairs of the Blue Ribbon Task Force:

Legislators – I am sending this email on behalf of Blue Ribbon Co­ Chairs Soholt and Sly. thv

TO: South Dakota Legislators
FROM: Senator Deb Soholt & Representative Jacque Sly
Co-Chairs,Blue Ribbon Task Force for Education Funding Reform

RE: Public Listening Sessions – Blue Ribbon Greetings to our Legislative Colleagues!

We have the privilege of co-chairing the Blue Ribbon Task Force on K-12 Teachers and Students to reevaluate the current funding formula, collect and analyze data, engage with stakeholders and seek public input. We will then make recommendations to the 2016 Legislature for reform.

With the focus on solely on education funding and teacher pipeline, we will not be considering standards/curriculum, assessments, student achievement etc.

The Technology and Innovation in Education (TIE) group is helping with overall facilitation for the effort (as when PEW assisted with criminal justice and juvenile justice reform).

We want to update you on the status of the work, and invite you to come to scheduled meetings to listen/observe public input.

Phase 1                March – June
Seeking information from the public
Listening sessions with the public and with individual groups
Collect that feedback
Synthesize feedback into a report
Appoint stakeholder members of the task force

During Phase 1 we have been considering the following question:

What possibilities exist to meaningfully fund education for our kids and our communities?

We’ve already met with: SDEA, State PTA, Technology in Education (TIE). Associated School Boards (ASBSD), SD Elementary Principals, and NE Superintendents.        Now we’ll be listening in 6 communities and having 3 sessions each time with teachers, business community and the public. Find meeting times/locations on the blueribbon.sd.gov site.

June 2 – Chamberlain June 3 – Rapid City June 16 – Sioux Falls June 17 – Yankton June 22 – Watertown June 23 – Aberdeen

As legislators you are invited to come to these sessions and observe/listen to the input. We are using a very participative method, and ask that legislators not be part of the group – but observers and supporters of the work. We are wanting this phase to be hearing specific stakeholder groups outside of the legislature.

Phase 2                July – August
Task force will meet to analyze and consider data

Phase 3                September – October
Make recommendations
Research and policy changes for the funding of SD K-12 system
Issue a final report as a task force

Thanks for following our progress on blueribbon.sd.gov and connect with us as needed.

We appreciate your support for this very important issue for the successful future of South Dakota!

——–

I do want to share some of my concerns with my email.

I don’t know how you discuss education funding without discussing the Common Core, assessments and federal mandates for which the South Dakota Department of Education has become the enforcement arm.

I don’t know how you discuss the teacher pipeline without discussing the Common Core and its underlying message that we can’t trust teachers to teach. I don’t know one teacher who went into teaching to create data points and spend their days doing test prep. Will they look at this as contributing to the teacher shortage?

Please remember that at the same time, schools were being forced to take cuts, teacher salaries were either frozen or cut, the state chose to adopt unproven content standards which required professional development for teachers to learn an unproven pedagogy.

And what an affront to legislators. To be asked not to participate and to support the work of this panel. What if there is a disagreement? I wasn’t aware that we elected representatives to support the vision of a qovernor appointed panel.

And those stakeholders the panel is working with, here’s a little on those organizations.

South Dakota PTA – We know the national PTA has accepted funding from the Bill and Melinda Gates Foundation to promote the Common Core.

SDEA South Dakota Education Association – We know that the NEA (National Education Association has accepted funding from the Bill and Melinda Gates Foundation to, among other things, develop Common Core aligned curriculum. The SDEA is one of the organizations that works very hard legislatively to prevent the repeal or defunding of the Common Core.

TIE Technology & Innovation in Education – This organization is the South Dakota arm of mass customized learning, the program where students spend their time with an electronic device guiding their learning vs. a teacher guiding their learning. They have partnered with the SD Department of Education.

ASBSD Associated School Boards of South Dakota – This organization is also very busy legislatively blocking the removal of the Common Core Standards and testing. The National School Board Association has accepted   Gates Core standards and testing. The national School Board Association has accepted Gates Foundation Grant Money.

SASD School Administrators of South Dakota – This organization is comprised of Elementary and Secondary Principals and Superintendents. This organization works very hard to block legislation removing the Common Core and the testing.

I’ve got news for the “Blue Ribbon Task Force” I’ll go to any mtg. I want and I’ll ask any question I want. Who in the hell do these people think they are?     This “Blue Ribbon Task Force” is a joke. Every person appointed is in leadership and only 3 actually sit on the “Education Committee” Tommorow they’re in Rapid City and everyone within a 100 miles needs to go. It’s that important folks!!!!

I guess I’m not seeing some of the problems with the listening sessions that she’s describing. First and foremost, in the first phase, they’re wanting input from the stakeholders – the people and organizations that deliver education in the state.  (Now we’ll be listening in 6 communities and having 3 sessions each time with teachers, business community and the public.)

May describes this as a major faux pas (“And what an affront to legislators. To be asked not to participate and to support the work of this panel. What if there is a disagreement?“)

If I was looking to find out what the public thinks, I have to agree with the organizers – I wouldn’t want a bunch of legislators running over them either. Legislators will get ample opportunity for input. Believe me, they’ll get plenty of input.

Otherwise, in her lament to her colleagues, it’s common core “this,” and common core “that.”

Did we forget about why this panel was called? It’s not about common core.  Despite May noting “I don’t know how you discuss education funding without discussing the Common Core, assessments and federal mandates for which the South Dakota Department of Education has become the enforcement arm,” and “I don’t know how you discuss the teacher pipeline without discussing the Common Core and its underlying message that we can’t trust teachers to teach.”

Again, I think that sells the purpose of the committee short.

Teacher shortages in key areas have been around long before common core arrived. Teacher pay has been an issue predating the much maligned content standards as well. How do you discuss either without common core? Pretty darned easily.

Content standards come and go, and have nothing to do how we tax the population to pay for education. They might slightly affect how many teachers we need for specific areas, but anymore it’s viewed in more of a context of the ability to pay them period, as opposed to what specialty they teach.

Make no mistake, and don’t get distracted by the flak being thrown up on content standards. Does anyone think Common Core will remain after a Republican president is elected? I don’t. It will be back to the drawing board, and we will once again have the newest and best-est proposals coming shortly thereafter.

This panel is about how we pay for education in South Dakota, and will have major economic repercussions for South Dakota and it’s taxpayers.

The economics of education are what the people watching the committee and how legislators react to it next year need to focus on. Will it be a restructuring of the funding formula?  Will it result in new taxes in the 2016 legislative session?

Ignore the noise and all the flashing lights. Because that’s not where you should be looking. Keep your eye on the economic ball. That’s the one you should be paying attention to.

What do you think?

U.S. Senate Candidate Clayton Walker’s Appeal to U.S. 8th Circuit Court of Appeals Dismissed

U.S. Senate Candidate Clayton Walker’s Appeal to U.S. 8th Circuit Court of Appeals Dismissed

Marty JackleyPIERRE, S.D – Attorney General Marty Jackley announced today the U.S. 8th Circuit Court of Appeals affirmed the Federal District Court decision dismissing Clayton G. Walker’s lawsuit to be placed on the November 2014 ballot as an independent candidate for United States Senate. Walker was indicted on June 17, 2014 for state election law violations.

The Court ruled that the State’s nominating-petition deadline and signature requirement did not burden Walker’s associational rights, and were reasonable restrictions that advanced important State interests.
In October 2014, Walker argued that South Dakota’s petition requirements were unconstitutional and that petition filing deadline of April was too early. Federal District Court Judge Lawrence L. Piersol had ruled that Walker was not entitled to an injunction and that South Dakota petition requirements were constitutional and dismissed his case.

A trial date has been set for July 20 in Hughes County. Walker is presumed innocent until such time as proven guilty.

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I notice that Sam Kooiker lives in District 32….

Sam Kooiker, who lost his bid to return to being Rapid City mayor for another term, has nothing written in stone regarding his political future. As he’s said to be planning, he might just decide to catch up on his fishing.

But I can’t help but notice that he resides in District 32, an area where he generally polled well. It’s also a District where State Representative Brian Gosch is prevented from running again for State Representative due to term limits. (and is said to be looking at a Senate challenge against Sen. Alan Solano.)

Open legislative seat. Mayor with really good name ID.

Do you think it might be in the cards?

Rounds Cosponsors Legislation to Increase Veterans’ Benefits

Rounds Cosponsors Legislation to Increase Veterans’ Benefits

MikeRounds official SenateWASHINGTON—U.S. Senator Mike Rounds (R-S.D.), a member of the Senate Committee on Veterans’ Affairs, today joined Chairman Johnny Isakson (R-Ga) and other senators in introducing legislation to increase veterans’ disability benefits from the Department of Veterans Affairs (VA).

The Veterans’ Compensation Cost-of-Living Adjustment Act of 2015 (S.1493) would increase the rates of VA disability compensation, dependency compensation for surviving children and spouses, and the clothing allowance for veterans based on rising costs of living.

“Our nation’s veterans sacrifice everything to protect and defend our country,” said Rounds. “With costs rising on everything from groceries to healthcare, our vets and their families deserve to have their compensation and benefits adjusted accordingly.”

This cost-of-living adjustment, which is equal to the amount of the adjustment given to Social Security recipients, is determined by the Bureau of Labor Statistics’ Consumer Price Index on a yearly basis. The cost-of-living adjustment for veterans would go into effect on December 1, 2015.

Other original cosponsors of the Veterans’ Compensation Cost-of-Living Adjustment Act of 2015 include the ranking Democrat on the Senate VA committee, Sen. Richard Blumenthal, D-Conn., Sens. Jerry Moran, R-Kan., John Boozman, R-Ark., Dean Heller, R-Nev., Bill Cassidy, R-La., Thom Tillis, R-N.C., Dan Sullivan, R-Alaska, Patty Murray, D-Wash., Bernie Sanders, I-Vt., Sherrod Brown, D-Ohio, Jon Tester, D-Mont., Mazie Hirono, D-Hawaii and Joe Manchin, D-W.V.

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Man who had felony child abuse charges dismissed running for Governor of SD

A man who had been charged with up to 30 counts of child abuse in 2013, only to later have the charges dismissed without prejudice, has put up a public facebook page announcing his intention to run for the office of Governor in South Dakota.

Currently unaffiliated with a party, Wendel Hiland notes on his facebook that he’s running as an independent.

On his page, Wendel_hiland_for_GovHiland also lays out his platform for office, noting:

My pledge as South Dakota Governor will be to the constitutional rights of the individual rather than the perceived privilege of government to abuse those rights. I will run on demanding Government accountability with an emphasis on the individual rights of its citizens. When a Government agency abuses those rights, they will be held accountable. I will fight to put parental rights back into the hands of parents. I will demand South Dakota remove all unconstitutional Check points and strive to rebuild the communities trust in government.

I will also live stream every moment possible in regards to my official duties as Governor and will demand transparency thru out our State Government. I will require other government agencies to also be live streamed so as to give WE THE PEOPLE a clear view as to the goings on in OUR State Government.

I will systematically abolish the “good ole boys” club and return control back to the “good ole people”.

To do this I need the support of the individuals that make up South Dakota.

Read that here.

Hiland also discusses other points of government such as martial law:

Regarding Marshal law.
Constitutionally Government does not have the right to suspend our God given, constitutionally affirmed rights.
Our rights are not given to us by Government and therefore Government has no authority over them. This being said, with our willingness over many years to allow the Government to overstep it constitutional boundaries, anything is possible. It is our duty as a free peoples to push back these tides of tyranny less we are swept away in bondage. This is our duty to those who have fallen and for future generations who’s freedoms now rest on our shoulders.

Hiland had been nominally active in the circle of people orbiting the Annette Bosworth case, appearing at a Sioux Falls rally.

The next election for Governor will be held in November of 2018.