Gov. Kristi Noem won't attend second forum scrutinizing new men's prison site in Lincoln County

Vice President of Neighbors Opposed to Prison Expansion, NOPE for short, Madeline Voegeli said neither Gov. Kristi Noem nor Department of Corrections Secretary Kellie Wasko will be present at a second public forum for the new state penitentiary this week.

The forum will start at 6:30 p.m. Thursday at the Harrisburg Meadow Barn, where NOPE - Lincoln County leaders once again asked state officials to be present and answer the residents' questions about issues surrounding the controversial new men's prison and its location at the corner of 278th Street and 478th Avenue.

But neither will show, with Noem's spokesperson Ian Fury stating he couldn't comment on matters that are subject to ongoing litigation, while Voegeli referred to a Dec. 14 letter from the DOC's general counsel advising state defendants to not speak publicly on the matter.

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The first public forum, held on Nov. 9, was conducted in anticipation of Wasko being in attendance. The secretary pulled out two days before the event, citing the lawsuit filed by NOPE against the DOC as the reason why she avoided speaking about the state's governing decisions behind the prison's placement.

Voegeli said there has been "zero communication" with the governor's office since the location announcement Oct. 6 in spite of numerous efforts of reaching out.

The governor's Chief of Communications Ian Fury didn't comment on the matter when the Argus Leader reached out.

Members of NOPE, in a press release calling for the top elected official in the state to attend, announced that the forum “will have no legal representation present.”

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The release also states the forum doesn't “coalesce with the declaratory judgement filed against Secretary Wasko in any manner” and that the forum has nothing to do with the legal battle this time.

But the letter from the DOC states defendants disagreed, adding current litigation "clearly states the case involves all relevant details of the proposed prison."

"On advice of counsel and in the best interest of the state considering pending litigation against it, the State Defendants cannot discuss or be interrogated about these matters with adverse parties, especially when it is offered that no legal representation would be present," the letter states.

The lawsuit, filed by NOPE on Nov. 3, demands the release of more information by the state on its search for an appropriate prison site. It details how either the DOC will be required to request a conditional permit from the county or seek a ruling on its right to build from a judge before proceeding with prison construction.

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Both options listed were an opportunity to offer residents the chance to voice their opposition and the state is currently pushing to appeal this effort.

Voegeli said the biggest concern about constructing the new prison in the southwest area of Dayton Township in Lincoln County is the infrastructure.

Certain questions include what access to sewer, power and emergency services would look like and how it would work for families who want to visit the prison or for those incarcerated once they are released.

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NOPE, an organization dedicated to making sure the “community’s voice is heard,” has the overall goal of ascertaining that the “decisions regarding the penitentiary are made in a manner that prioritizes the well-being and interests of the community,” their official website states.

Voegeli shed light on the larger issue of the government’s transparency and understanding that the residents’ concerns, inputs and voices need to be heard. She referred to the “limited communications within the Department of Corrections” and lack of communication with the Governor’s Office in spite of numerous attempts at making contact.

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“Even if this doesn’t play out the way we want, at least we’re bringing awareness to the fact that paying attention to what your government is doing and seeking out people running for office (who) continue to be transparent with their constituents is so important,” Voegeli said.

This article originally appeared on Sioux Falls Argus Leader: Kristi Noem won’t attend 2nd forum on new men’s prison in Lincoln County