In Attendance: John Brinkman, Luke Dreckman, Mary Ann Carlson, Steve Carlson, Jessica Fueston, Rob Meyer, JD Shape, Ryan Nussbaum, Jordan Doane, Garrick Moritz, Carrie Moritz, & Guy Johnson.
The March Commercial Club was called to order by Garrick Moritz at noon. The first item of business was approving the reports. Guy Johnson motioned to approve the secretary’s report, Rob 2nd. Secretary’s report passed. No update on Treasurers report this month.
John Brinkman presented the first item in old business, a sound system update. He and the City employees discussed meeting with a person to get a quote on a wired sound system. Next, Mary Ann presented an option for an open advertisement spot on the toddler train. Because Garbage N More has donated a great deal of time and resources for the Commercial Club, Mary Ann suggested giving them the open advertising spot for the remainder of the year. Luke motioned to approve this, Guy seconded and the motion then carried. Fueston updated the Commercial Club on where the new economic development organization is standing. Most of it is in the hands of the attorney, who is working to form a new 501(c)3 and drafting a resolution.
In new business, Jesse James Day planning began. The Club discussed using the school for the model trains again, and the car show in the parking lot on Friday night. Ryan Nussbaum was there on behalf of Angela Nussbaum who ran the car show last year and it was a hit. Food vendors were discussed, and other activities such as bean bags and a scavenger hunt were brought up. There was then discussion regarding the Lit Swap Brochures and whether it was in the budget to replenish them, and where the brochures would be restocked. Mary Ann then updated the club on the Highway 11 sign. She is actively searching for a company to get a quote that will better fit the Commercial Club. Membership dues and telephone books were the next update, and Mary Ann confirmed that they are nearly all paid. Garrick thanked Mary Ann for her continued work for the Commercial Club. The final item in new business was the State and City park maps that John is working on. Performance Press is now working on the maps, and John noted that the maps will likely need an update next year.
With no other business brought to the commercial club, Rob motioned to adjourn and Guy gave a 2nd, the motion passed.
The next regular meeting will be April 13th at Palisades Oil Company.
Garretson Commercial Club Meeting Minutes Wednesday, February 9th, 2022
The Sports Cabin
In Attendance: John Brinkman, Jordan Doane, Jessica Fueston, Carrie Moritz, Megan Rollag, Garrick Moritz, Luke Dreckman, Mary Ann Carlson.
The February Commercial Club meeting was brought to order by President Garrick Moritz. There were not enough members present to have a quorum, so this meeting was treated as informational.
In old business, Carrie gave a brief update of the Commercial Club website. Carrie pointed out that most of the site hits come when we have a big event coming up, but it is successful even outside of events. John then gave an update on the sound system. He pointed out that he is working on a quote for a wired sound system, and Jordan Doane is working on a wireless system.
In new business, Garrick proposed Luke Dreckman as the new board appointment. In an effort to fill the vice president position, Garrick asked Megan if she’d like to be VP. Megan acknowledged that she’d love to fill the position. Because there was not a quorum present, neither of this could be voted on. After the meeting, an email vote was conducted. Luke Dreckman was approved to fill the board position, and Megan Rollag was approved to fill the Vice President position effective immediately. From there, Mary Ann gave a recap of the Highway 11 sign proposals and informed everyone that she was looking into further quotes. Moving onto membership and telephone book dues, most of 2022 memberships have been paid. John then informed the club that he is looking at updating our state and city park maps and is working with Performance Press to put those together.
With no other business brought to the commercial club, Garrick declared the meeting adjourned.
The next regular meeting will be March 9th at The Gulch.
This week is Sunshine Week, a national observance to highlight the importance of openness and transparency in government and freedom of information laws.
Newspaper editors originated Sunshine Week in 2005, but all of us have a stake in open government. Knowing what government is doing and how it is spending taxpayer money is fundamental in a democracy and a cornerstone for good government at all levels.
In South Dakota, newspapers have pitched in each year to spotlight Sunshine Week. Newspaper editors and reporters in our state have long been frustrated by weaknesses in our open meetings and open records laws.
In short, we’ve made some progress over the years, but we have a long, long way to go before South Dakota can be considered a beacon for openness in government.
From my point of view, this year’s legislative session saw passage of two bills that strengthen open government in our state.
One was House Bill 1087, which clarified how government boards may use a certain provision in the open meetings law for “executive session” or closed-door meetings. The executive-session provision has to do with discussions related to certain security and safety threats faced by government entities.
In 2019, the Belle Fourche City Council used the provision to discuss replacement of an HVAC system in a city-owned building. The editor at the Black Hills Pioneer newspaper challenged it, filing a complaint as allowed by law. Ultimately, the state Open Meetings Commission ruled the city’s use of the executive-session provision was valid, given how the statute was worded.
HB1087 was introduced to fix the wording in the open meetings law. The bill was approved unanimously by legislators and signed by Gov. Noem. Not a huge step forward, but an important one.
The other bill this session was House Bill 1075, brought by the state’s newspapers to modernize some of the laws regarding legal newspapers and publication of public notices in newspapers. Perhaps the most important provision in the bill is that newspapers will now be required to post all government notices printed in the newspaper – local city, school and county board minutes, for example -- to a website that is archivable and searchable. The site --- www.sdpublicnotices.com – is maintained by the state’s newspapers through SDNA.
When newspaper editors gathered in Pierre in January during the legislative session, Gov. Noem was asked what she would like to see happen to improve open government in South Dakota. She responded by challenging editors and others to give her a list of suggestions.
We will be happy to do so.
The list could include specific suggestions such as requiring all state boards and commissions to record their meetings for the public to much more sweeping changes such as addressing weaknesses in our open meetings and open records laws.
For example, let’s tighten the laws regarding closed-door meetings by public boards. Over the years, the use of executive sessions to discuss “personnel” or “legal matters” has been abused. It’s time to rein it in.
Our open records laws have a lengthy laundry list of exceptions for when government can keep information confidential. Let’s open up access to law enforcement records such as certain investigative records, as well as government correspondence and email. Those are tall order items, but certainly not unreasonable. Look to the many other states that already allow public access to those types of records. The sky hasn’t fallen.
I could go on, but for now I invite you to tell me what open government issues you think should be addressed in our state. Be specific. Send them to me at .
Open government requires strong freedom of information laws, but ultimately it’s the commitment and willingness of those who govern that makes open government more than just an ideal touted once a year during Sunshine Week.
David Bordewyk is the executive director at South Dakota Newspaper Association, which represents the state’s 115 newspapers.
For more about Sunshine Week or for educational activities for students, visit the Society of Professional Journalists at https://www.spj.org/sunshineweek.asp
This week is Sunshine Week, a time where newspapers across the country highlight transparency and open government. City Council, School Board, County Commission, and State Legislature are all covered in this issue. Also, the Youth Wrestling participants had fun at districts, with 12 heading to State, Jesse James 4-H has been busy, and the 3rd grade girls basketball team had a Cinderella season you won't want to miss reading about!
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SIOUX FALLS – About 30 Minnehaha County landowners attended this week’s county commission meeting to show solidarity and/or speak out against a proposed carbon dioxide pipeline planned to be placed somewhere in the county.
The pipeline being proposed by Summit Carbon Solutions would run from Iowa to North Dakota, and, along the way, would capture CO2 from several different South Dakota ethanol plants.
Approximately 30 people attended the Minnehaha Commission meeting on Tuesday, March 15, to urge commissioners to take action to try and stop Summit Carbon Solutions of Iowa from putting a carbon-capture pipeline in Minnehaha County. (Photo by Dave Baumeister)
However, one of the largest ethanol plants in the world, POET of South Dakota is not taking part in this project.
And those who spoke cited this in their opposition of the Summit project.
According to speakers, Summit is trying to get approval from the state’s Public Utilities Commission to declare eminent domain to build their pipeline, which has been a major point of contention.
While the right to declare eminent domain is established in the U.S. Constitution, that power would seem to be reserved for the government, not for private businesses such as Summit.
Rick Bonander of Valley Springs said that capturing carbon credits amounts to a $9 billion operation.
“I am concerned when eminent domain is used for private gain,” he said.
He went on to point out that federal regulations for such a pipeline are very weak, allowing for the pipe to be buried as shallow as 3 feet deep, and that it could be located as near as 50 feet from a residence or “place of gathering.”
He also said that there would be no insurance coverage to protect landowners from a leak, as CO2 can be poisonous to humans and animals.
Bonander said if this were to go through, the company should be required to bury the pipe at least six-feet deep, follow a quarter-mile setback from residences, and be forced to put down a bond to pay for the pipeline’s removal should the company go bankrupt or if the carbon tax credits were reduced or eliminated to the point where the venture would no longer be profitable.
Another Valley Spring resident, town fire chief Don Johnson, spoke about the lack of training local departments had to deal with problems from a leak, and he emphasized this project should not be done until that training was available and paid for.
“All pipelines leak, eventually,” he said.
Several of those who spoke referred to the Dakota Access oil pipeline which was put in starting in 2016.
Peggy Hoogestraat of Chancellor talked about how in 2020, that pipeline was already leaking on her family’s property.
She also brought up the point of an elusive location map, which leaves the exact location of the pipeline’s placement in question.
“Summit is not being transparent with landowners,” Hoogestraat said, “and few landowners feel that they will follow PUC conditions.
“Dakota Access didn’t.”
Joy Hohn of Hartford referred to the fact that crops still had not come back after six years since Dakota Access put down their pipe.
They were told – and paid – for the loss of their land for only three years.
“Pipelines come in underhandedly,” she said. “You work your whole life for this land, and they come in with easements so you can’t do what you want.
“This is not necessary for South Dakota, and it is only putting money in Summit’s pockets.”
Kate Parkinson of Brandon again mentioned POET and said they use CO2 to make dry ice, a product made from frozen carbon dioxide.
She also claimed how the pipeline could be sold to anyone, even foreign governments.
While this wasn’t a public hearing, there was no specific action that could be taken by the county to stop this.
Still, there was no representative from Summit present to speak in favor of the pipeline.
The commissioners present (Jean Bender was absent) all agreed and sympathized with the sentiments expressed at the meeting. While they said they didn’t control what the PUC might do, they did agree to send a strongly worded statement to that commission against the pipeline.
Commissioner Gerald Beninga said, “We support what has been said here today, and I strongly recommend we let the PUC know we don’t support (the pipeline).”
“We want to make sure that as a county, we are protected,” Commissioner Dean Karsky added. “The safety and welfare of our citizens is paramount.”
Deputy state’s attorney Eric Bogue was tasked with writing the letter which will be voted on at the Tuesday, March 22, meeting.
After that agenda item was finished, most of the people present for that left, several thanking commissioners on the way out.
As one commenter said, he didn’t think the PUC would listen as much to them as they would to commission members of the state’s largest county.
There is a scheduled PUC meeting in Sioux Falls at 5:30 p.m. on Wednesday, March 23, in the Washington Room of the Ramkota Hotel.
The next meeting of the county commission will be on Tuesday, March 22, at 9 a.m. on the second floor of the Minnehaha County Administration Building at 6th and Minnesota in Sioux Falls.
At that time, more comments on the pipeline will be allowed, as well as general comments on other non-agenda items.
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The Garretson School Board held their regular session on March 14 at 5:45 p.m. at the school library, and it was another meeting with a large crowd in attendance. Twenty-eight district patrons were present at the meeting.
After the call to order, Pledge of Allegiance and the agenda approval, two patrons were recognized to speak during the public commentary section of the meeting.
First to speak was Oran Sorenson, former legislator, retired teacher, and long-time assistant wrestling coach.
“I had several conversations with Shannon Nordstrom and I’d like to have him present if at all possible before I make my comments,” said Sorenson to Vice President Kari Flanagan. “As acting chair is it possible for you to allow a delay until he arrives?”
Board President Nordstrom was not present at the meeting, and board Vice President Flanagan was leading the meeting. Board member Rachel Hanisch was joined the call via Zoom.
VP Flanagan said that because Nordstrom had been delayed by a late flight, she had no idea when or even if he’d arrive for the meeting tonight. With that in mind, she said that since this was the time set aside for public commentary, he should proceed.
“In truth, none of us really want to be here tonight,” Sorenson said. “But these people believe they must be here to work toward taking their school back.”
“When we were at the State Wrestling Tournament, a well-worded statement went out to all in our district that it was time to heal. Everyone here tonight agrees that it is. But where we disagree is what it’s going to take for that healing. I wanted to pose this to Shannon but if I may, madam vice president, I will ask you. I can tell you three simple things that will begin the healing process."
He continued, “This is tough for me. I want to say to Mr. Johnson that I have enjoyed working with his son on the wrestling team, and that Gabe is a very fine young man.”
“It’s been a tough year this year, and it’s not all about Mr. Long either. For real healing to take place, firstly, I think we need equal discipline for all students involved in the incident at that Baltic track meet last year, and to date, that hasn’t happened yet. Then, we need the resignation of one member of the school board and one member of the administration. Those three things are what I feel we need. And I ask everyone who’s here who feels the same way to please stand.”
Nearly everyone in attendance stood.
“Shannon and I talked for quite a while yesterday,” Sorenson said. “I respect Shannon, but we strongly disagree on some things. We both agree where it’s sad when students boo the Superintendent. Shannon is of the opinion that it’s the kids who have the problem, but I disagree, and say that the kids booing the superintendent is the result of the problem."
Students had booed Superintendent Johnson at a ball game, and made derogatory comments toward him in the hallway during the special meeting last month as he and his lawyer transitioned between the library and the administrative offices.
“What we’re asking tonight is that the board not extend Administration contracts for two full years at this time. Just because this has been customary in the past, why tie the hands of the new school board coming on in the summer. Oddly enough, it’s because of mistakes made by people in this room at the last opt-out vote, that results had to be thrown out. In closing, please consider what we are asking of you tonight.”
Post-meeting, Sorenson also expressed to the Gazette outrage on behalf of Supt. Johnson and his family, stating that a brick had been thrown at their family home and that Mr. Johnson had to place security cameras on his property to ward off further vandalism. He wanted to make clear that he felt that kind of behavior is unacceptable.
New school board member-elect Tana Clark then spoke to the board.
“My name is Tana Clark and I appreciate you allowing me to speak here this evening,” she said. “I also want to thank you for serving on our school board.”
“Tonight, you will be discussing the extension of Administration contracts for the school year of '23-'24. If I understand correctly, our administrative positions already have contracts in place for this coming school year, '22-'23. And we are hoping, in a couple of months, our teachers and other supporting staff will also have contracts secured for the '22-'23 school year.
“What you are planning to discuss and vote on tonight is extending just the administrative contracts for the following year and basically giving those administrative positions a two-year contract, instead of just a one-year contract like all other positions in our school. Based on the information given last spring before the opt-out vote, if another opt-out vote fails, our district will need to make some significant budget reductions that would most likely involve staff positions.
"Obviously, everyone wants to preserve as many of our teaching, administrative, clerical and custodial positions and school programs as possible, but the reality is cuts will need to be made if another opt-out does not pass. As far as I am aware, with the exception of the administration positions, all other contracts are one-year contracts. Therefore, I am requesting that the board not extend the administration contracts past this school year of '22-'23. I feel we need the flexibility to adjust positions and contracts as needed, based on our financial situation, if an opt-out does not pass, and we need positions available for those reductions, not just the positions that are one-year contracts. Thank you for your time.”
After those comments, the regular meeting began.
During the presentation of new turf options for the track and field repairs, Sorenson whispered to other constituents that he was going to go outside and wait to hopefully speak with Shannon Nordstrom as he arrived. Most others followed, though a few stayed in the meeting.
One patron, as he exited the library, loudly declared toward his fellows, “So, are we going to get Johnson fired or not?!”
Supt. Johnson, looked both visibly saddened and angered by this statement.
There was lots more that occurred during this meeting, both in discussion about the turf replacement at the sports complex and a debate around keeping the 1:30 dismissal on Wednesdays in practice. We’ll continue with those details in our story next week.
Meanwhile, Board president Nordstrom did arrive at the meeting at 7:46 p.m., just as the final administrative reports were concluding.
When the board came out of executive session later that night, Rachel Hanisch made a motion that was seconded by Kari Flanagan. The Motion was to extend the administrative contracts of Teresa Hulscher and Guy Johnson by one year and to renew the contracts of Matt Schrank and Jacob Schweitzer, with the specific terms to be determined at a later time. Those voting for the motion were Shannon Nordstrom, Kari Flanagan and Rachel Hanisch. Ryan Longhenry voted against the motion.
Jodi Linneweber abstained from the vote.
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Enjoy this free article! The Gazette is proud to present the local news of Garretson, South Dakota, giving its subscribers news of interest, school coverage, and local/statewide government coverage. Your support of the Gazette and its advertisers ensures this coverage will continue into the future. Consider getting your subscription today! E-edition subscribers get access to their issues sooner than anyone else, both on this site and in your email inbox.
Two seemingly harmless words added to a state open meetings law in 2019 have sparked a debate over the rights of citizens to publicly comment at official government meetings in South Dakota, with several school boards at the center of the conflict.
The state open meetings law, enacted in 1965, was amended in 2018 by House Bill 1172, which required every official meeting to offer a period for public comment under the discretion of the chair. One year later came Senate Bill 91, which clarified language and put public comment at the discretion of the entire body rather than just the chair.
As part of that process, the words “regularly scheduled” were added in front of “official meetings,” which bore little scrutiny at the time but has launched a legal tug-of-war between public officials and advocates of community input. Some government bodies have used the language to create a legal loophole in which they have denied the public the right to speak at official meetings.
Different interpretations of the wording stirred controversy last month in the case of a Garretson High School principal and football coach, whose contract was terminated by the school board after more than five hours of closed-door deliberations. Some community members felt stifled by an inability to address the board.
Across the state, an unsuccessful lawsuit against the Rapid City Area Schools Board of Education over the infringement of public comment has been appealed to the South Dakota Supreme Court, fueled by a group of parents who claim they were denied a voice as the board weighed disciplinary action last year against a high school wrestling coach and his staff.
House Bill 1255 was introduced in the 2022 South Dakota legislative session to clarify the principle that public comment must be permitted at all official meetings of public boards. The bill was killed in committee, though opponents acknowledged that clarification in the language of the existing statute is needed to avoid open meetings violations.
“In the municipal world that I operate in, I would be very hesitant to not allow public comment at an official meeting,” Sam Nelson, a lawyer and lobbyist for the South Dakota Municipal League, said at a House hearing on the proposed bill. “I think it’s almost a blanket statement that I would never recommend that.”
Critics of the existing law say that public bodies such as school boards, city councils and county commissions are being allowed to exclude public input because of a semantic loophole cited as justification for doing public business without taxpayer input, and it comes down to those two words.
Garretson schools Superintendent Guy Johnson, in an interview with South Dakota News Watch, cited the “regularly scheduled” wording when asked why supporters of principal and football coach Chris Long were not allowed to address the board at a special meeting held Feb. 23 to determine Long’s fate.
“I would refer people to the law, which deals with public comment at regularly scheduled official meetings,” said Johnson. “This was a special meeting for a specific purpose, and the language does matter. People in the community are going to be upset either way, because they believe they’re entitled to know all the details in these types of situations, and that’s simply not the case.”
Rapid City case heads to high court
The lawsuit in Rapid City stems from a group of parents upset over the termination of Rapid City Central High School wrestling coach Lance Pearson over alleged violations of COVID-19 protocols involving an assistant coach, though Pearson was later reinstated. Joined by South Dakota Citizens for Liberty, a nonprofit group, the parents claimed that the school board stopped allowing for public comment at all meetings beyond the twice-monthly sessions that were “regularly scheduled” each year in July.
“This is a hill I’m willing to die on,” said Tonchi Weaver, a lobbyist and organizer for South Dakota Citizens for Liberty. “The public is reduced to being mere spectators if all they can do is come and listen to the body deliberate. We should allow citizens to have the opportunity to address the people they elect to office.”
Kenneth “Chuck” Jasper, a Rapid City attorney representing the group, will ask the state Supreme Court to consider whether school boards should be able to use study sessions, work groups, retreats, and other types of meetings to avoid public dialogue on critical matters.
“If we don’t force public bodies to follow the law, they’re not going to do it,” said Jasper, who helped craft the 2022 bill that attempted to resolve the issue. “Why hide your light under a bushel? Public business should be conducted out in the open.”
Opponents claimed that this year’s bill, sponsored by Rep. Steve Haugaard, R-Sioux Falls, was marred by an amendment that sought to restrict comment to “only taxpayers or residents of a political subdivision or a parent.” Several legislators commented that simply striking the words “regularly scheduled” from the existing statute might have been all that was needed.
Rapid City School Board President Kate Thomas, speaking in a personal capacity, testified in favor of the bill, confirming that the board’s stance on public comment changed once its legal counsel noted the new wording in the 2019 measure. The board has maintained that its policy follows the letter of the law.
Most agree that the compact between school board and community can be colored by conflict, especially when hot-button issues arise. There were reports nationally of school officials or board members being threatened by community members during COVID-19 mask discussions, prompting U.S. Attorney General Merrick Garland to issue a memo saying such incidents “run counter to our nation’s core values.”
Wade Pogany, executive director of the Associated School Boards of South Dakota, said that open dialogue can help defuse the tension on controversial topics. He noted that the Mitchell School Board held meetings at the Corn Palace last August to accommodate those who wanted to address the district’s proposed mask mandate. Testimony was heated, sometimes even hostile, but the input was heard before a vote took place.
“Every community has topics that are emotional,” said Pogany. “But it’s wise for a school board to have those open discussions so that the frustrations and emotions have an outlet and don’t manifest themselves in some other way.”
Matters of public trust in Garretson
At around 5:40 p.m. on Feb. 23, a freight train rolled slowly along the outer edges of Garretson, about 20 miles northeast of Sioux Falls, and came to a stop, causing a backlog of vehicles at the crossing that leads into town.
It was an ominous sign for those seeking access to a 6 p.m. school board meeting focused on potential action against Long, the high school and middle school principal and head football coach, who had stopped showing up for work due to suspension in early January.
Chris Long (right), former middle and high school principal of Garretson High School and head football coach, walks between the administrative office at the Garretson school and the library with his attorney, David Kroon, on Feb. 23, 2022. Photo: Courtesy Morgan Matzen, Sioux Falls Argus Leader.
His absence was not officially acknowledged by the school district for nearly a month, when an article by Garrick Moritz, editor and owner of the Garretson Gazette, entitled “Why has Chris Long not been on the job?” triggered a Feb. 3 text message from Superintendent Johnson to parents. The message confirmed that Long was “absent from his duties” but that the administration was prevented from saying more because of federal and state statutes and “basic human decency.”
Asked by South Dakota News Watch if a cursory announcement several weeks earlier saying Long had been suspended pending further review could have reduced tensions, Johnson defended his policy. “In my opinion,” he said, “the time when there’s a need for notification is when any students are in danger, and that wasn’t the case.”
For Moritz, it was reminiscent of a situation involving former Garretson boys basketball coach Nate Beckman, who disappeared from his duties during the 2018-19 season without public acknowledgement from the administration. At the time, Johnson refused to answer questions from the local newspaper.
The day after Moritz approached Johnson for comment, notice of a special school board meeting was posted, where community members showed up ready to speak, though they were denied that opportunity. “We’ve got a lot to get through tonight, and I think we know why everybody is here,” School Board President Shannon Nordstrom said, adding that comments on the sign-in form would stand as public commentary.
The board went into executive session but never issued a ruling, and Beckman was back coaching the team the next day. He left the school district after the school year along with his wife, Stacey, who served as head volleyball coach.
If the episode with Beckman caused ripples of concern in the community, Long’s suspension rocked its core. The Wessington Springs native, a former standout high school and college athlete, arrived at Garretson in 2008 and soon became entrenched in the school community, with a son and daughter involved in varsity athletics.
As frustration with his absence mounted, students wore T-shirts with pro-Long slogans to basketball games and used social media to criticize the administration’s actions. A small group of students also staged a “sit-in” protest during school hours and were punished with weekend detention.
Tensions carried over into a Feb. 14 “regularly scheduled” school board meeting, with attendees filling the school library. Nordstrom noted the unusually large gathering but explained that it was a “board meeting in public…not a public meeting, where people would be invited to speak.” The board allowed Tana Clark, who spearheaded a petition that gathered more than 100 signatures in support of Long, to read a statement, and then went ahead with board business not concerning Long without further public input.
By the time the scene played out again for the Feb. 23 special meeting, the board had appointed Huron attorney Rodney Freeman as hearing officer and legal counsel, while Long was represented by Sioux Falls lawyer David Kroon. Johnson sat with Sam Kerr, the school district’s attorney, who assisted with the administration’s internal review.
The focus of Long’s suspension was on the aftermath of an altercation, and ultimately an assault, between Garretson student-athletes while attending a track meet in Baltic the previous spring.
The boys were throwing an apple back and forth when one of the students hit then-senior Dominic Abraham with an apple in the face. According to an arrest affidavit filed by the Minnehaha County Sheriff’s Department last July, Abraham (the only student who was 18) and three other boys chased the eventual victim, who was knocked to the ground. The victim claimed that Abraham then took a stick and stuck it into the victim’s rectum while he was still wearing sweatpants, later claiming that “he could not move at all during the assault due to the amount of force used by the boys holding him down,” according to the affidavit.
The detective recommended charges of simple assault and second-degree rape with an object, but Abraham was charged with simple assault and pleaded guilty to the misdemeanor in early January. He graduated from high school last spring. Other students involved in the incident were minors and returned to school in the fall. Their names are redacted in the affidavit.
Johnson didn’t find out about the incident until late August, and a legal review scrutinized the actions of those who knew about it earlier. Under Title IX and state law, school officials are mandatory reporters required to report to proper authorities “instances where they have reasonable cause to suspect that a child under the age of 18 has been abused or neglected.” Students other than Dominic Abraham ended up disciplined by the school for their actions.
“There was a lack of communication between a lot of people,” said Tom Long, Chris’ father, a longtime educator and coach who served as volunteer football coach at Garretson the past six years. He joined his wife and other family members and supporters the night of Feb. 23, waiting five and half hours in the school commons as the board reviewed evidence and heard testimony, with black construction paper taped up to cover the library’s glass doors.
“I’m not stomping my feet about the whole thing,” Tom Long added that night. “There are things that could have been done differently, but Chris is a kind-hearted guy. He thought he was letting the legal system run its course.”
Chris Long and his attorney were gone by the time the doors opened around 11:20 p.m. and Nordstom called a somber board back to order. There was a motion to terminate Long’s contract based upon “a clear failure to follow, and violation of, the district’s policies and procedures,” and it passed unanimously. The fate of his teaching certificate rests with the South Dakota Department of Education, which has not yet announced any action.
The remaining supporters shuffled silently out of the library and into the school foyer, some of them weeping. Tom Long and his wife embraced Chris’ son, a junior at the school, as students in “Long Strong” T-shirts walked to the exits. Nordstom refused to speak to the media that night, instead releasing a statement the next day.
Johnson was asked a week later about ill feelings in the community, including suggestions among Long’s supporters that families might opt to leave the district because of the way the situation was handled.
“Our goal is to have a safe and positive learning environment for all of our kids, and we’re going to move forward with that mission,” said Johnson, who came to Garretson in 2014 from West Central, where he served as middle school principal. “It’s up to individuals who make up the community whether they want to continue with that or not. There are always some who hold onto (grievances) or get angry, but for the most part people come to the realization that we’re all working toward the same goals.”
From a media perspective, where transparency is critical, Moritz sees things differently. Recent brushes with school officials in Garretson have convinced him that things need to change in order for the community to truly thrive.
“As a reporter, you want to trust the process, you want to trust the people involved,” said the Augustana University journalism graduate, who has owned the Garretson paper for seven years. “If we want to move forward as a community, we have to have clear and precise transparency. That’s the same thing the superintendent and board have said numerous times at meetings I’ve attended, but you’ve got to walk the walk.”
South Dakota laws limit openness
State law allows public bodies to hold closed meetings in executive session when discussing personnel matters – “discussing the qualifications, competence, performance, character of any public officer or employee” – as well as consulting with legal counsel, contract negotiations, marketing or pricing strategies and certain deliberations involving high school students.
But not all nearby states treat personnel issues as a complete blackout of information from public and media. In Minnesota, closed meetings are permitted for “preliminary consideration of allegations or charges against an individual subject to its authority.” But if members determine that discipline might be warranted, “further meetings or hearings relating to the charges must be open.” Most states require that closed meetings be electronically recorded in case a legal challenge arises, but South Dakota’s statute has no such provision.
Too often, according to David Bordewyk of the South Dakota Newspaper Association, officials use the privacy provision reserved for personnel as an excuse to shield themselves from public scrutiny.
“That’s a weakness in the law,” said Bordewyk, who lobbies for free speech issues in Pierre. “Schools are quick to clam up and say nothing if it involves personnel, which frustrates not just the press but the public. They sit there for hours on end waiting for smoke to come out of the chimney or doors to open to find out what the hell is going on.”
Cynthia Mickelson, president of the Sioux Falls public school board, points out that there are other avenues of accountability that run concurrent to district deliberations, such as criminal or civil proceedings, that need to be respected.
The Department of Education started a database last year that lists teachers whose teaching certificates have been revoked and the reasons behind the action, adding a level of transparency on the back end of personnel deliberations.
Complaints about transparency involving public bodies can also be forwarded by a state’s attorney to the state’s Open Meetings Commission, comprised of five state’s attorneys, which examines whether a violation occurred and provides a written report.
The Sioux Falls School Board allows public comment at its twice-monthly meetings and at work sessions, with comments at work sessions restricted to the topic at hand. Mickelson notes that board members also field “hundreds of emails and phone calls” from constituents, adding that the intensity of that correspondence heightened considerably during the district’s deliberations on masks and other COVID-19 protocols.
“Since we’re the most local level board, none of us are serving for the glory of it, and people are going to feel comfortable expressing how they feel in a very unvarnished manner,” Mickelson said. “We thought the district boundary process would be the most heated topic we’d face, but that paled in comparison to what we encountered during (the pandemic). Luckily, as a board, we were unified and believed what we were doing was right.”
Allowing for dissenting voices and the free flow of information – even when a public body in unified in opposition – is the spirit of the state’s open meetings law. Tailoring the exact wording to meet that objective is a challenge that will likely resume next year in Pierre, with even more stakeholders involved.
“Any time you want to amend open meetings law, it brings everyone to the table,” said Bordewyk. “School districts, city, county, state – they all sort of get nervous when you start talking about amending the law, particularly as it pertains to executive sessions. The truth is that many of them like things just the way they are.”
The Garretson City Council's regular monthly meeting was on Monday, March 14. There, they fielded requests from the pool, fire department, and Sioux Metro Growth Alliance (SMGA) for an allotment of funds.
Wages to increase for lifeguards
Garretson Pool Board president Jill Stiefvater and pool manager Leah Konechne presented to the council, pointing out that wage increases in nearby communities have gone up substantially.
The Pool Board is separate from the city, but the city does pay wages and insurance upfront for the pool. The board does not usually consult the council for wage changes, as increases have followed minimum wage.
In years past, the difference was $2-3 higher in neighboring communities, which meant that with the cost of gas and amount of time it would take, most potential hires didn't consider the cost off-set worthwhile and were happy to stay in town for employment.
This year, however, the difference between minimum wage and actual pay rates would have been staggering, potentially limiting the pool of students who would apply for the position.
"Brandon, for example, has a starting wage that's $5.50 higher than ours," said Konechne. "That becomes worth it to travel."
She and Stiefvater requested a starting wage increase of $5 per lifeguard, which would possibly impact the overall total that the pool would be able to recoup and send back to the city to help pay back the wages and insurance.
Councilor Dave Bonte requested the pool attempt to absorb most of the wage increase.
Konechne stated the board plans to increase rates for concessions, season passes, day passes, and possibly swimming lessons for the 2022 season.
Final prices and amounts were not presented as they were still being negotiated. It was also pointed out that higher rates may keep some people from purchasing season passes, and that the number of days worked also impacts the amount given out in wages. For example, a rainy and cold summer like 2020's would mean fewer days worked.
While the council agreed that an increase in wages was necessary, there was disagreement as to whether a vote to allow for it was needed due to the separate nature of the pool. They later conceded that a vote would help ensure the new rate was okay, but the misunderstanding led two councilors, Bill Hoskins and Greg Franka, to vote against the motion. Four councilors voted in favor of the increase and passed it back to the board for implementation.
SMGA looks to improve economic development
Jesse Fonkert with Sioux Metro Growth Alliance approached the council with a proposition to improve economic development in both Garretson and Worthing. Unfortunately, it would include siphoning off Jessica Fueston, who started with the city in September of 2020. She transitioned to part-time economic development director as part of a full-time position with the city in June 2021, and has been integral in working towards merging several organizations under one umbrella.
However, that part of her position has been severely impacted by the change in Finance Officer employees as she took on more responsibility during the transition. The offer being made by Fonkert would move Fueston under SMGA's umbrella, who would then split her time between Garretson and Worthing as solely an economic development specialist.
Both cities would be responsible for paying a contracted rate to SMGA to cover the position, and the contract would be for three years, though if a city was unhappy with their service, they could terminate the contract after the first year.
The potential drawback to this offer, which was not brought up during the meeting, could be that the city would then have to hire another employee for billing and front desk responsibilities.
Fonkert pointed out the goal behind this idea was to make economic development efficient and effective, and that other communities who had begun this process were already seeing results. He said the main focus would not include event planning, as that is very time-consuming, but solely strategy and business attraction.
He stated that while he wasn't trying to push the council into making a decision immediately, having the decision made sooner rather than later would benefit SMGA, Garretson, and Fueston. Worthing was looking to begin their position by April 1.
Mayor Greg Beaner informed the council that Fonkert had approached him with that idea over a year ago, but at that time, "they didn't really have the staff, and we didn't either," he said. "Trust me, I've thought about this a long time, and thought about it a lot. Having somebody in that office, pitching ideas, getting ideas... I think it would be beneficial to us."
"We want to be with you along the way as you transform your community," Fonkert said. "I think having Jessica with us focusing full-time on economic development would make it advance a little bit quicker."
Council members were hesitant to make the decision that quickly, as it would be an unforeseen budget change and change in employment, and they felt they required more time to discuss and weigh out the issue. They opted to table it until next Tuesday, March 22 at a special meeting prior to the equalization meeting. The special meeting will begin at 6:00 p.m. and the Equalization meeting will begin at 6:30 p.m.
Fire Department Extra Subsidy Requested
The subsidy request from the Garretson Fire Department had been received, and the amount was $5,000 more than had been budgeted, which was due to a miscommunication, according to Fire Chief Levi Schmid.
He stated that the department had intended to request $45,000 on the budget request last fall, but somehow only $40,000 had been put down.
The reason behind the increase was mostly due to an increase in heating costs, especially the heating bill felt by the entire community last February.
Councilor Jodi Gloe requested the council wait to decide on whether the extra $5,000 was granted until the budget could be reviewed, as there were several unexpected costs that were coming up.
Councilors Bonte and Franka didn't see the increase as a problem, with Bonte pointing out that the number of service hours the volunteers put in each year was substantial. For instance, they had 1800 hours of service and volunteer time put in in 2021.
"We do pride ourselves on a really well-kept budget, so any extra money would be put to good use," said Schmid.
Despite Gloe's wish to wait on review, the motion was made to go ahead and grant the extra funds, seconded, and passed unanimously.
The 9th and final week of the main run of the 2022 Legislative Session ended on Thursday, March 10th. The final week is very different than most of the other weeks during the session in that policy legislators, like myself, are done with having committee responsibility as most policy bills have already passed or died. In a few cases, we do have conference committees to reconcile the differences in some bills if they were amended in one chamber or the other.
Sometimes bills die in these conference committees and sometimes the two chambers do work towards a solution. The majority of the work done during this final week is done by the legislators on the Joint Committee on Appropriations. This committee makes the final decisions on how your hard earned tax dollars will be spent, how much will be put towards education, Medicaid reimbursement, state employees, Board of Regents, etc.
Essentially they decide how all the appropriated money will be spend on all the ordinary expenses of the legislative, judicial and executive departments of the state, the current expenses of state institutions, interest on the public debt and for common schools. For those interested, we did provide a 6% increase to education, state employees and long term care providers. As just a point of reference, my first year in the Legislature, the General Budget for the State of South Dakota was around $4.5B and now, 6 years later, that number has grown to $5.7B.
The high school drama in the Capitol continued this week with Governor Noem reverting back to her teenage years as she referred to the House Appropriators as “corrupt” and further explained that it was “unpreceded” that a Constitutional Officer would have a closed door meeting with members of the Legislature.
However, the next day, she proceeded to have a closed door meeting with members of Leadership from the House and the Senate to work out details on her authority to spend new Federal dollars in the State when the Legislature is not is session.
The Governor’s narcissistic behavior this year has really grown old and the House and Senate finally came together this past week to work on some guidelines to reign in her unfettered spending behaviors. She obviously didn’t want these laws in place, so she reverted to name-calling.
At the present time, there have been many pieces of legislation passed this year by both the House and the Senate that the Governor has not yet signed. We will find out how many good Conservative bills the Governor vetoes due to her vindictive behavior. I will provide an update to you all after Veto Day which is set for March 28th.
Update on the Palisades State Park Road: Last week’s update stated that Senator Lee Schoenbeck of Watertown was going to do his best to kill the funding bill for the Palisades State Park road. However, instead of him just killing it immediately in the Senate chambers, he decided to play games with it. After the bill passed through the Senate Appropriations committee it was amended to the exact about of dollars needed; $665,440 of General Fund dollars, $200,000 from the GF&P and $100,000 from the Palisades Township.
Everyone was in agreement that these amounts from these three sources would fund the project. When the bill was presented to the full Senate, Senator Schoenbeck decided to amended the $665,440 back down to $1. This is a strategy used to send the legislation to a conference committee. This conference committee met on Wednesday, March 9th and the Senators that Schoenbeck sent were not interested in actually negotiating the funding of our road in good faith. They wanted to put two funding projects (the Palisades Road project and a Gun Range in Meade County) into the same bill (HB 1166) and ensure both projects were passed by the House of Representative.
Basically, they were playing politics with my bill and holding it hostage to get what they wanted. In doing so, they were forcing Rep. Jon Hansen, Sen. Marsha Symens and myself to vote for an Unconstitutional bill because we Article XII, Section 2 states that all appropriations shall be separate bills and shall each embrace only one object. Since these minion Senators sent by Schoenbeck were unable to comprehend the SD Constitution, we had to ultimately kill HB 1166.
However, on Thursday, March 10th, I had some close friends and allies in the House Appropriations committee who fought hard to get our funding back into SB 60 which is the FY 21 Supplemental Bill. They were able to find the one-time funding dollars and put them into this bill with the understanding that they would go towards the Palisades Road project. So, it appears that we have the dollars!!!
However, there is still a chance the Governor Kristi Noem could perform a line item veto of this project and take away this funding. So for now, we will need to hope and pray that doesn’t happen, and watch diligently to see what she does. Sometime in the next month or so, I will attend a City Council meeting or Township meeting in Garretson and provide additional detail because it was really quite the ride this past week!
If your interested in any of our committees, chambers or any proposed legislation from this year, you can always visitwww.sdlegislature.gov as this is the Legislature’s home page where you can find information about anything during session. On the front page, you will find a large icon that says “2022 Bills”. Click that to find all the legislation that was proposed this year. Additionally, you can go back and listen to all of the committees and/or floor sessions by clicking on the South Dakota Public Broadcasting icon inside of the details for each bill. You can also view the meeting minutes and any other pertinent information provided to the committees.
Finally, if you have any questions about how to find information about a bill or committee, or any questions at all about session please contact me. I can be reached most anytime by phone at 605-999-2948 and by email at . If you do call and I’m unable to answer, try sending me a text and I will contact you back later. Additionally, I am running for re-election in District 25, so if you like to get involved in helping my campaign or would like to donate, please contact me and I’ll provide you with those details. I may skip a couple weeks for an update until veto day is over, but please contact me directly if you have questions.
4-H Members Serve Community by donating items for the local Food Pantry. Pictured are Allison and Anna Ebbing, Jenna and Ty Van Holland, Lane, Blair and Drew Ellefson, Ben Delora, and Cooper Danforth. (Photo submitted)
Jesse James 4-H Club February Minutes
The February meeting of the Jesse James 4-H Club was held on February 13 at the Zion Lutheran Church. President Allison Ebbing called the meeting to order and Drew Ellefson led the flag pledges. There were 10 members present.
Secretary Blair Ellefson took roll to the question, “What project area do you plan to show in?” and read the January minutes. A motion was made by Anna Ebbing to approve the minutes, seconded by Lane Ellefson.
The Treasurer’s Report was given. The balance was $791.24. New officers need to go to bank and give information to update the account.
Committee Reports and Correspondence:
-Lots of info in the County newsletter.
Unfinished/Old Business:
-The Bly family brought the donated puzzles and books to the daycare as reported by Angela Bly.
-4-H fruit sales are underway. Bring your orders and money to Melissa Ebbing by February 25 to be totaled. Fruit delivery is March 26.
New Business:
-Members will bring items to donate to the Food Pantry to the next meeting. The Van Holland family will check into Pantry needs and if we can help stock shelves for next month community service.
-Project ideas were discussed. Still looking into Dakota Stained Glass. This will be decided upon until next month.
-Blair Ellefson reported on the Hippology Workshop that was held in Madison. They learned about tack identification, breed and care of horses and anatomy.
-Wyatt Potter hosted the meeting and gave an informational presentation about venomous snakes.
-The 4-H members worked together before the meeting to make Valentines Cards for local Veterans. They will be handed out by the Legion Auxillary.
-After the meeting, the 4-H members practiced Consumer Judging.
-All members brought items for School Employee Care Packages. Together we assembled 80 gift bags. Jill Ellefson will bring them to school on the following day.
Jr. Leader’s Report: No report
Leader’s Meeting Announcements:
-Upcoming dates were listed about future events beginning in June.
The next meeting will be on March 13, 2022 at Zion Lutheran Church at 1pm. Cooper Danforth will be the host for this meeting.
Ty Van Holland motioned to adjourn the meeting and Anna Ebbing seconded it.
-Respectfully submitted by Blair Ellefson, Secretary.
Jesse James 4-H Club January Minutes
The January meeting of the Jesse James 4-H Club was held on January 23rd at the Bly Family Farm. President Allison Ebbing called the meeting to order and Jenna Van Holland led the flag pledges. There were 10 members present.
Secretary Blair Ellefson took roll to the question, “What is your favorite movie?” and read the November minutes. A motion was made by Anna Ebbing to approve the minutes, seconded by Logan Bly.
The Treasurer’s Report was given. Receipts were turned in for the Angel Tree project and the Air Madness Christmas activity. The balance was $791.24.
Committee Reports and Correspondence:
-Leader, Melissa Ebbing shared a Thank you card that was received from the Garretson Park Committee.
Unfinished/Old Business:
-Reminder to complete re-enrollment online to officially rejoin 4H.
-The Christmas Lights were taken down from the park and members could take their contributions home.
New Business:
-Members brought picture books and puzzles to donate to the local daycare. Logan Bly offered to deliver the boxes of fun.
-Fruit Sales have begun and will continue until March 1st. Fruit pickup will be March 26. Copies of the form were distributed by Leader Jill Ellefson. Club goal is that each family sells $275 worth.
-Future activity and meeting ideas were discussed. Visiting Glean for Good, creating a project at Dakota Stained Glass and putting together appreciation packages for School employees were discussed. Cooper Danforth volunteered to look into Dakota Stained Glass for next meeting. Glean for Good is an option for warmer weather. Ty motioned to make appreciation packages for the school employees at the next meeting. Seconded by Lane Ellefson. Each family volunteered to bring items for next meeting. We will make 80 gift bags.
Jr. Leader’s Report: No report
Leader’s Meeting
Announcements:
-Moody County Achievement Days dates have been moved to July 18-23, 2022.
-Share the Warmth-57 hats and gloves were collected by Moody County.
-The Golden Pheasants 4-H club of Flandreau has disbanded.
-Banners will be awarded for Grand Champion animal and horse classes.
-YQCA Training will take place on June 6 at the Moody County extension office 9-10 am
The next meeting will be on February 13, 2022 at Zion Lutheran Church at 1pm. Wyatt Potter will be the host for this meeting. We will assemble the school care packages and practice judging.
Wyatt Potter motioned to adjourn the meeting and Ty Van Holland seconded it.
-Respectfully submitted by Blair Ellefson, Secretary.
The 3rd grade girls basketball team (left to right) Coach Raegen Altman, Coach Anna Jones, Jaz Hewer, Charlie Ockenga, Athena Zell, Hailey Anderson, Kendra Jessen, Drew Stiefvater, Coach Logan Bly, and Coach Grace Hove. (Photo submitted)
It's a Cinderella story for the books! The Garretson 3rd Grade Girls faced a lot of road blocks in their 2021-2022 season, which was carried out through the Big Sioux Youth Basketball League out of Harrisburg, SD.
With a short roster of only six girls, every single game throughout the first 90% of the season was played short due to illness. Some days they had five girls from their roster, and other days they only had four. While a lot of the games were close, they kept coming up short - playing with no subs is tiring for these 3rd graders. They did win one game mid-season but had to forfeit the win as they only had four players on the court for the entirety of the game.
Coaches Raegen Altman, Grace Hove, Anna Jones, and Logan Bly kept encouraging the girls despite a losing record. Finally, the girls had their full six player roster towards the end of the season and were able to put a few wins in the standings.
They ended the season as the 9th seed out of 10 teams. March 12 2022 was the big end of season tournament for the league and the girls; their first game they played the 10th seed, a team out of Sioux Falls, and were able to take the win. This advanced them to play the number one seed of the tournament, a team from Harrisburg that was undefeated.
The girls came out with a huge upset and were able to advance to the next round against Watertown, the #4 seed. This game was a true showing of the GRIT and DETERMINATION this team has.
Part way through the game one of the girls got sick and had to leave the court for the remainder of the tournament. We also had a player get hit in the face and suffer a bad nose bleed; she was rushed off the court to be tended to and the coaches were prepared to continue on with only four players.
However, with some toilet paper shoved in her nostril, Drew Stiefvater made her way back onto the court just in time and played the remainder of the game!
While the game was close and the girls were tired from not having subs, the young Blue Dragons came away with another win to advance to the championship round, a Sioux Falls Christian team that was seeded 2nd. This game was a nail biter as well, but the girls pushed through for the win and ended the season as the Champions of their league.
We could all learn a lesson in GRIT and DETERMINATION from these girls. The future of Blue Dragon Basketball looks bright!
