In response to Governor Noem’s letter to Republican State Senator Jessica Castleberry over her business’ receipt of COVID funds, the Senator noted that prior to acceptance of the funds in dispute, she had an opinion from legal counsel which supported her ability to accept those funds, as well as working with DSS staff on the issue.
As reported this afternoon by the Dakota Scout:
“Prior to applying for any grant monies, I hired independent legal counsel to give an opinion as to whether my company would be eligible to receive the funding under the federal grant which provided the funds to the state,” she said. “After consulting with legal counsel, I believed my company was eligible. Upon several occasions, I communicated directly and transparently with DSS staff regarding grant applications. I am committed to resolving the issue with the state and will work with them to ensure I acted in compliance with the state Constitution.”
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Very interesting response. Maybe the problem here is that DSS and the Governor’s office were unprepared or deficient in establishing rules and procedures for the disburals of millions of dollars in COVID funds.
“disbursal of millions of dollars in COVID funds”…please pardon me.
I don’t think so. The governor got a Supreme Court opinion and they ruled that legislators were not eligible for these funds. Legislators were told and it was widely reported in the news at the time: https://www.argusleader.com/story/news/2020/10/22/court-lawmakers-cant-use-federal-covid-19-relief-support-their-business/3729648001/
If what you say is true, that it was widely known that Legislators and their businesses were not eligible for Covid funding, then why did the Governor’s Office or Secretary of DSS cut Ms. Castleberry a check for 600 K?? Was approval automatic for anyone who applied?? Seems to me there was a lack of due diligence about funding criteria somewhere in Pierre.
Terry, the applications were handled by people who did not recognize the name on the application as being a member of the legislature. Perhaps the application should have had a question on it that specifically addressed the question as to whether the owner of the named business was in the legislature, but it is not unreasonable to expect them to abide by the law in any case.
She says she consulted independent legal advice. Bet that lawyer is checking his malpractice policy.