In case you missed it in the document dump released today by the Brookings School District, while some are trying to portray the School District being placed on probation as no big deal, and using the word sensationalized, the attorney for the Brookings School District seems to be treating it as seriously as a heart attack in his correspondence with the attorney for ousted Superintendent Klint Willert:

The placement on probation of the District is directly attributable to your client’s lack of supervision and constitutes conduct that is seriously prejudicial to the District and amounts to neglect of duty. This neglect of duty specifically violates Section J of Dr. Willert’s contract and is grounds for termination for cause.

When they use phrases like “seriously prejudicial to the District” and “amounts to neglect of duty” and “grounds for termination for cause” I don’t think claiming it was sensationalized is the way to go.  If anything, it looks like it has been underplayed.

You have to read this.

The Brookings Register has a bombshell of a story regarding Brookings School Superintendent Klint Willert. Apparently he was allowed to resign, because the alternative was him being fired by the School Board.

Outgoing Brookings School Superintendent Dr. Klint Willert was in the midst of being forced to resign or be terminated for cause by the Brookings School Board when recent accreditation issues added fuel to the fire, according to public documents released Tuesday morning.

According to the letter, sent from the board’s attorney, Rich Helsper, to Willert — and dated March 8 — Willert’s written evaluation from the board was poor and he was offered the choice to resign on the board’s terms and receive next year’s salary, resign immediately and receive nothing, or be terminated for cause.

and..

Willert abruptly resigned as superintendent — effective June 2 — at a hastily called special meeting of the school board last week.

Go read the entire story here.

There was a quote from Willert in the story, which was somewhat prescient. “While this resignation is unconventional,” he said then, “it is what is deemed concurrent with current school board members’ goals for the District.”

Apparently their goals must have been getting him out of there.

With outgoing Superintendent Willert set to receive next year’s salary, what kind of golden parachute does that provide him with as he exits the district?

Willert Release and Settlement by Pat Powers on Scribd

Willert is set to receive the money owed for compensation for next year, which is $189,056 – but no further benefits – to be paid in 4 installments on July 31, October 31, January 31, 2024 and April 30, 2024.

But the real meat in this document (which they would not e-mail me, they insisted it had to be picked up, and there was actually a line at 10am when they released it) are in the exhibits.  First and foremost, the letter from the School Attorney which laid out the things where the district was unhappy with his performance.

Willert Ultimatum by Pat Powers on Scribd

This letter is devastating, and lays out the case from the School District why they were dissatisfied with his performance. Literally more than three pages of it. Here’s one of the single biggest items that stands out.

Finally, I, along with Keli Books and Wesley Tschetter, met with you on February 21, 2023, in your office (I was on a conference phone). The only topic of discussion was the preparation of your last two contracts dated December 16, 2020, and June 27, 2022. The meeting lasted approximately 1.5 hours. The Board has no idea how the preparation of the December 16, 2020, contract went from the Board’s duly appointed law firm, i.e. Helsper, McCarty & Rasmussen, P.C., to the Rodney Freeman Law Firm in November 2020 after the Helsper Law Finn had been working on your contract since February 2020. On December 14, 2020, the Helsper Law Finn was asked to review the contract prepared by Rodney Freeman and, in written letters and e-mails to the Board and to you, said in no uncertain terms the Freeman contract should not be used. However, you signed the Freeman contract on December 16, 2020, and persuaded the Board Chair, Deb Debates, to also sign it on December 16, 2020. You did not advise our lawyer that the Freeman contract was used. In fact, in 2022, you had staff member Laura Gerjets make revisions to the Freeman contract and again, without telling anyone nor having our attorney review it, you signed it and asked Board President Heermann to sign which she did.

The Board has lost faith and trust in your ability to lead the District for the reasons mentioned above. It is the consensus of the Board that changes must be made for the good of the District.

and..

The Board is offering this proposal because the members do recognize the good work you have done in the past but substantial problems as set forth have developed in the last few years. In the Board’s collective opinion, there are more than adequate grounds to terminate you for cause under the present contract.

WOW.   If there was one thing that stands out, this was pretty egregious.

I don’t know that I agree with them that it’s only been the last few years.. but that’s what they are hanging their hat on. And it’s pretty strong stuff.

It looks like whomever the District chooses to bring in, they will have a lot to clean up.

The Brookings School District met tonight, and we got to hear more on a couple of topics that have been in the news lately. After noting that the District’s settlement agreement with the outgoing Superintendent Klint Willert would be available today during the last meeting, tonight they kicked the can down the road until tomorrow morning, noting they did not have it available tonight. Why? Because according to the board, they did not make copies.

Even though they are in a school building.. which I presume has a copy machine.

So allegedly, the release of the document detailing the Superintendent’s golden parachute to the public will be available at the School District’s offices at 10AM tomorrow.

The other big topic was regarding the district’s bungling on the accreditation process, with some commentary from a couple of the board members that left me wondering, because they not only admitted they did not know what was going on, in the same breath, one board member completely misstated the situation the district is in.

Board member Theresa Binkley offered commentary (About 1:25:00 in the attached video) ..

“The accreditation process is every five years, and so really, the majority of our board has never been through this process. And in spite of that it was never explained to us. We never heard about what the accreditation process entailed, it was never mentioned in any of the Superintendent board reports that we were going through accreditation this year.  In January we got a brief update from one of our curriculum directors that they had met with the accreditation team.. both the curriculum directors and Dr. Willert on December 6th and they went over the findings, and that there were a few things that needed to be changed, and that they were to submit those changes by March 6th. And then, I didn’t hear anything else until earlier this month when we got the letter that said if we didn’t get things done by March 31st that we’d be on probation.”

“And so the most unfortunate thing and what I regret the most about this was how our community found out about it. This failure of communication to the board, um, led that our community found out about it through a sensationalized press release on-line. And that was wrong. And I apologize that due to our lack of communication within the board that our community had to go through that.”

Unfortunately, there’s some misinformation in that statement.

The letter that was sent by the state wasn’t that if the district didn’t get things done by March 31st that we’d be on probation. That was false.  The district is on probation NOW.  The letter was that if they don’t get things fixed by the end of March, the Brookings School District is going to lose their state aid to education.  But don’t take my word for it. Read the letter from the State of South Dakota.

BSD Letter – accreditation … by Pat Powers

Consider the words in the letter that was written by Joe Graves, the Secretary of Education:

Now considered. Not “Will be considered.”

They can call it sensational as if it were Donald Trump calling something fake news, but the fact remains that the State of South Dakota had to go this far in compelling the district’s compliance but still some are treating it as if it’s unimportant.

It’s not unimportant. Coming this close to costing the district it’s state aid to education is a big deal. And those responsible deserve any grief they’re getting on it.

Although, in slightly better news, in the same meeting the board is claiming that things are back on track, and we should have the accreditation issues resolved in the next few days.

Whether that’s correct or not, I’m sure we’ll know soon enough.

I’ve had my nose buried in work lately, but as I was doing a long-overdue cleaning of nonsense off of my desk, I did stumble across a 1948 flyer for the SDGOP I’d picked up several months back.

I grab stuff like this not just because I’m a hoarder collector of old South Dakota political items, but with paper pamphlets of years gone by, we see how much politics and the SDOGP has changed over the decades.  It’s one reason I tend to roll my eyes when people have an intractable bent about “following the Republican platform,” which is as fluid a document as you can find.  Back in 1988 when I started, they didn’t want to put a pro-life plank in the platform. Now, it’s hard to imagine one without it.

As we’re shaped by the politics of our time more than anything, put on your fedora, and take a look back 75 years to the post-war era in 1948 to see if you could “follow the Republican platform.”  I’m guessing there’s a few items in there that might be a little of a challenge..

“The Republican Party of South Dakota recognizes the right of Labor, to organize, to bargain collectively, and to strike, it pledges itself to protect these fundamental rights.”  Didn’t know there was a pro-union plank in the platform at one time. Not so much anymore.

But also note some of the big issues of the day, as things have not changed so much. Such as with teacher shortages, noting  “Recognizing the problem of teacher shortage in schools and colleges, the Party pledges necessary action which will retain worthy and qualified teachers, and attract to the profession the best of talent such legislation to include adequate appropriation for the administration of the retirement system and the state’s contribution thereto.”

Ready to get on board with the Dewey – Mundt – Francis Case – George T Mickelson ticket?

Attorney General Jackley Praises Legislators & Governor For Support of Public Safety

PIERRE.S.D.  – South Dakota Attorney General Marty Jackley said this year’s legislative session was a success for public safety and law enforcement thanks to support from both Gov. Kristi Noem and State Legislators.

“The Legislators and Governor were very supportive of measures to protect law enforcement officers and the integrity of our elections,” said Attorney General Jackley. “We thank the Governor and lawmakers for their support of our officers, victims of crime, and our election enforcement efforts.”

The main bills introduced by the Attorney General were:

• Senate Bill 46 establishes the crime of perjury when circulating an election petition and making material misrepresentations under oath.
• Senate Bill 48 enhances the penalty for attempted first-degree murder of a law enforcement officer.
• Senate Bill 50 revises the crime of witness tampering and provides prosecutors with a clearer authority to charge someone who corruptly influences witnesses.
• Senate Bill 146 provides for truth in sentencing and limits parole for violent offenders. Sen. Brent Hoffman of Sioux Falls was the prime sponsor.
• Senate Bill 207 strengthens the ban on the inappropriate use of taxpayer dollars to influence the outcome of an election. Sen. David Wheeler of Huron was the prime sponsor.

Staff members from the Attorney General’s Office participated in a bill signing Monday with Gov. Noem and Lt. Gov. Larry Rhoden.

 All of the Attorney General’s sponsored bills can be found here: https://atg.sd.gov/OurOffice/Media/pressreleasesdetail.aspx?id=2356#gsc.tab=0

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All of Gov. Noem’s VETOES Sustained by the Legislature

 PIERRE, S.D. – Today, all of Governor Noem’s remaining VETOES were sustained by the legislature. Governor Noem VETOED five bills this legislative session that would have been harmful to South Dakota. The bills VETOED were SB 108, SB 129, HB 1109, HB 1193, and HB 1209.

“I VETOED these bills because they put the people of South Dakota at risk,” said Governor Noem. “I am glad that the legislators agreed that the pieces of legislation are unfit for our state and have sustained all five of my VETOES.”

Today, the legislature sustained Governor Noem’s VETOS of the following four bills:

• SB 108 would have allowed South Dakotans to consume alcohol underage. You can find the governor’s SB 108 VETO letter here.
• SB 129 would have categorized teachers and school employees in the same way as law enforcement officers in instances of assault in their official duties. You can find the governor’s SB 129 VETO letter here.
• HB 1193 was an attack on economic Freedom and would have opened the door to overreach by the federal government. You can find the governor’s HB 1193 VETO letter here.
• HB 1209 would have classified marijuana as hemp and jeopardized the clearly expressed will of the people of South Dakota. You can find the governor’s HB 1209 VETO letter here.

Earlier this legislative session, the legislature sustained Governor Noem’s VETO of HB 1109, which would have increased occupation taxes on South Dakotans. You can find the governor’s HB 1109 VETO letter here.

Governor Noem has never had a VETO overturned by the legislature.

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Every time I travel our state, the best part of my day is just meeting people. I run into old friends at Culver’s or HyVee all the time. They usually introduce me to whoever they’re with, whether it’s family or friends. And that often starts another new relationship that I will treasure for years to come.

Our people are incredible, and they’ve proven it with more than just their friendliness and common sense. It just so happens that they’ve also built the strongest economy in the nation with the lowest unemployment rate. Under my leadership, we embraced liberty and personal responsibility. But what that did was give the people the opportunity to succeed. They built it – not me. Freedom generated our record growth; Freedom generated our historic tax revenues.

I have advocated for permanent tax relief for the people of South Dakota because I believe that they know how to spend their own money better than the government does. Yes, state government must invest in agencies and programs that take care of people. But we shouldn’t do so wastefully. We must be efficient and respectful of taxpayer dollars.

It is no secret that I advocated for a full repeal of the grocery tax. It’s a tax that burdens every single person who buys food in South Dakota. Our citizens overwhelmingly support eliminating the grocery tax because they recognize that it will benefit everyone. It doesn’t pick winners and losers.

Unfortunately, the legislature chose to provide a different sort of tax relief. They gave the people a temporary tax holiday by means of a $100 million reduction in the overall sales tax. This holiday goes away in four years, meaning the legislature can raise taxes without ever having to vote for it. I don’t want that to happen. I don’t want to see the tax burden on our citizens rise. So I will continue to push for permanent tax relief for the people of South Dakota.

I signed the temporary tax holiday because some help for our people is better than none at all. But public sentiment shows that South Dakotans want a permanent tax cut. The legislature has failed in that regard, but I believe that we can work together to achieve it for the people.

I am glad that the legislature changed their mind and did provide some relief to the people of South Dakota, even though it’s temporary. Many in legislative leadership came into the session not wanting to give any kind of tax relief to the people – they just wanted to spend our record revenues. So we have made progress in that regard.

The people still have the opportunity to pass permanent tax relief for themselves by eliminating the grocery tax, and the legislature should be prepared for that to happen.

I will not stop advocating for our people. They are the reason I get out of bed in the morning. I want to give every person in our state the Freedom and opportunity to chase their dreams – to make life better for themselves, their kids, and their grandkids. My honor and good sense require me to continue to fight for the permanent tax cut the people have earned.

And that’s what I will do.

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Gov. Noem Signs Pregnancy Expenses Bill into Law

Signs Bills to Take Care of People into Law

 PIERRE, S.D. – Today, Governor Noem signed SB 75 into law. This legislation provides for all pregnancy expenses to be covered by both parents.

“South Dakota will continue to strengthen families and promote life,” said Governor Noem. “The gift of a child too often comes with financial burden. Mothers should never have to take that on alone. It is the responsibility of both the mother and the father to equally pay expenses related to pregnancy.”

Governor Noem also signed the following 11 bills to take care of people into law:

• SB 67 – Revises provisions related to emergency and involuntary commitment for alcohol and drug abuse;
• SB 89 – Increases the daily maximum award for the alternative care program administered by the Unified Judicial System;
• SB 172 – Makes an appropriation for the design costs related to the health services center at Black Hills State University-Rapid City;
• HB 1022 – Makes an appropriation for increased costs related to the construction of the new state public health laboratory;
• HB 1053 – Prohibits the issuance of a written certification to a pregnant woman or breastfeeding mother for purposes of medical cannabis use;
• HB 1078 – Makes an appropriation to the Department of Human Services for the development and expansion of adult day services programs;
• HB 1079 – Makes an appropriation to the Department of Health to provide grants to support mental health and suicide prevention programs;
• HB 1135 – Provides for transparency in the pricing of prescription drugs;
• HB 1154 – Modifies acceptable conduct for practitioners related to medical cannabis;
• HB 1155 – Adds dental practices as eligible factors to participate in rural health care recruitment assistance program; and,
• HB 1174 – Provides for appropriate civil commitment of certain persons.

Governor Noem has signed 196 bills into law and vetoed four this legislative session.

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Gov. Noem VETOES Classifying Marijuana as Hemp

PIERRE, S.D. – Today, Governor Kristi Noem VETOED House Bill 1209, which would increase the amount of THC allowed in industrial hemp to 5%, classifying marijuana as hemp. You can find Governor Noem’s VETO letter here.

“Federally, marijuana is classified as anything that contains over 0.3% THC,” said Governor Noem. “If this bill were to become law, South Dakota would allow hemp products and crops to contain over sixteen times more THC than is currently allowed at the federal level.”

Last year, the Department of Agriculture and Natural Resources worked with members of the hemp industry, as well as legislators, to compromise and allow for 1% THC levels for a production in process. Research shows that 1% THC levels are the trigger for causing psychotropic effects on humans.

“Only two states allow a product in process to contain up to 5% TCH: Colorado and New York, both of which have legalized recreational marijuana,” continued Governor Noem. “South Dakota voters spoke clearly this past November: they do not want recreational marijuana. If I allowed this bill to become law, it would jeopardize the clearly expressed will of the people. Increasing the THC level to 5% would hinder our successful hemp program and undermine enforcement of our drug laws.”

Governor Noem has signed 196 bills and vetoed five this legislative session.

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In the first hour of the House #TikTok hearing the CEO admitted:
✅He is paid by ByteDance (CCP affiliated sister company)
✅China has access to TikTok user data
✅ByteDance has authority over TikTok
✅ByteDance has spied on Americans at the direction of the CCP

— Rep. Dusty Johnson (@RepDustyJohnson) March 23, 2023