Yes, Sioux Falls councilors can accept gifts, but an updated ethics policy now clarifies how.
The Sioux Falls City Council has approved an update to the city's ethics ordinances, a pet project of Councilor Greg Neitzert more than a year in the making.
Neitzert presented the ordinance at the Nov. 21 council meeting, when he made clear he was not bringing the ordinance because of any existing ethical lapses, stating the city employees and officials are "highly ethical, and strive to maintain high ethical standards." He added in his time considering the ordinance he had spoken with the city attorney, several department heads, members of the administration and the Sioux Falls Board of Ethics.
But, there were places where the ordinance could better match state law or be more clear about whether a passage referred to a council member or a city employee, he said.
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More significant changes include any ethical complaint filed against a candidate for office within 90 days of that election would be held until after the election takes place, unless the complaint involves the conduct of the election itself or the candidate wishes for the investigation to move forward.
Rules about gifts, including the payment of travel expenses, are also clarified in the new ordinance. Employees or officers of the city could receive "gift of travel, lodging, registration fees, entrance fees, food and drink, and other incidental expenses" as long as it is related to a "widely-attended gathering" related to the duties of the recipient or the city's legislative or policy interests.
The organizer of the event in question could not be someone seeking official action from the person or the city council, or who does business with the city or is regulated by the city in some way.
An amendment added Tuesday night, requested by City Attorney Dave Pfiefle, included clarifying language about how city employees could fundraise or solicit for the benefit of the city or other nonprofits.
Recommendations of changes to the travel policy came in part from ethical charges leveled against Neitzert in 2019, after he and Mayor Paul TenHaken attended a conference of Republican municipal and county officials, with paid airfare and accommodations.
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The complaint was filed in March 2020 by John Cunningham, a former candidate for Minnehaha County Commission, though it wasn't immediately clear which councilor was targeted by the complaint. Cunningham had to refile after the Sioux Falls Board of Ethics dismissed the original complaint for lack of jurisdiction.
Neitzert then waived his confidentiality in the matter in August 2020 and accused Cunningham of timing the complaint just before the June 2020 election, in which Neitzert was re-elected to his council seat representing the Northwest District. He was eventually cleared of the complaint following a 5-2 vote of the council.
The Board of Ethics said during the investigation that "attendance at such events funded by third parties raises ethical questions regarding the appearance of potential influence," but the board made it clear that it was common practice among city officials and recommended that the ethics policies around it be clarified.
This article originally appeared on Sioux Falls Argus Leader: Sioux Falls City Council approves ethics ordinance changes
