Minnehaha State's Attorney investigating Sioux Falls leadership for possible open meeting violation

Trevor J. Mitchell, Sioux Falls Argus Leader
·2 min read
Carnegie Town Hall.
Carnegie Town Hall.

A regular attendee at Sioux Falls City Council meetings has filed a complaint alleging the council, along with Mayor Paul TenHaken, violated the state's open meetings laws at a meeting earlier this month.

Sierra Broussard filed the complaint last week, following the Nov. 16 meeting of the city council, where she had hoped to speak about an item concerning the renewal of Club David's liquor license.

Broussard had questions about an incident in September, when three teenagers were beaten with a gun while in the bar.

Previously: Police: 3 teens get beat with gun inside downtown Sioux Falls bar

That item was on the council's consent agenda, a group of items typically voted on as a unit, without discussion or input from the public.

Councilors can, however, request items be pulled from the consent agenda into the regular agenda for further discussion, which Councilor Pat Starr did for the license renewal as well as an item regarding a study into the city's ongoing COVID-19 vaccination efforts.

TenHaken did not call for public input on either item after they were read, which the city's code of ordinances require he do. City Clerk Tom Greco said the omission does not require the items be reconsidered or re-read.

Later, during the meeting's general public input portion, Broussard spoke about the license renewal issue, as well as her frustration that she hadn't been able to speak about it at the appointed time, which she called a deliberate attempt to silence her.

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Sierra Broussard, of Sioux Falls, speaks about the outdoor smoking ban during a Sioux Falls City Council meeting Tuesday, May 2, 2017, at Carnegie Town Hall in Sioux Falls. The City Council passed an outdoor public smoking during Tuesday's meeting.
Sierra Broussard, of Sioux Falls, speaks about the outdoor smoking ban during a Sioux Falls City Council meeting Tuesday, May 2, 2017, at Carnegie Town Hall in Sioux Falls. The City Council passed an outdoor public smoking during Tuesday's meeting.

TenHaken's office refrained to comment on the matter.

Broussard's complaint goes a step further than city ordinance, claiming that TenHaken's failure to call for public input violated state law as well. Broussard's complaint was filed with the Minnehaha County State's Attorney.

While city ordinance requires that public input be allowed on regular agenda items, it's less clear that TenHaken's failure to call for it violates that state law, which states:

"The public body shall reserve at every regularly scheduled official meeting a period for public comment, limited at the public body's discretion, but not so limited as to provide for no public comment. At a minimum, public comment shall be allowed at regularly scheduled official meetings which are designated as regular meetings by statute, rule, or ordinance."

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Minnehaha County State's Attorney Daniel Haggar confirmed his office was investigating the complaint, and is required to by law to either prosecute the case as a Class 2 misdemeanor, refer it to the South Dakota Open Meetings Commission or determine the case has no merit.

If referred to the commission, five state's attorneys that comprise the board would examine the complaint and decide whether a violation occurred.

This article originally appeared on Sioux Falls Argus Leader: Sioux Falls council, mayor face open meeting violation allegations