Special City Council Meeting

MINUTES Special Meeting: Public Hearing on Report of Board of Ethics Thursday, September 10, 2020 at 6:00 PM Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104 CALL TO ORDER 1. MEETING ROLL CALL Present: Council Member Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council Member Pat Starr, Council Member Janet Brekke, Council Member Christine M. Erickson, Council Member Rick Kiley, Mayor Paul TenHaken Absent: None Greg Neitzert noted his presence in the Council Chambers and recused himself as he is not an Eligible Council Member. 2. PLEDGE OF ALLEGIANCE REGULAR AGENDA 3. APPROVAL OF THE REGULAR AGENDA A motion was made by Council Member Kiley and seconded by Council Member Selberg to approve the Regular Agenda. Roll call vote to approve. 7 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. HEARINGS AND RESOLUTIONS 4. PUBLIC HEARING ON REPORT OF BOARD OF ETHICS PURSUANT TO SECTION 35.058 OF THE CODE OF ORDINANCES At this time a public hearing was held on Report of Board of Ethics pursuant to Section 35.058 of the Code of Ordinances. Upon completion of the public hearing, public comment was taken per City Council policy. Upon completion of public comment, the Eligible City Council Members discussed the Report of Board of Ethics and rendered a decision. A recess was taken from 9:24 p.m. to 9:31 p.m. A motion was made by Council Member Soehl and seconded by Council Member Erickson to adopt a motion to dismiss. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend the motion by inserting "based on a lack of clear and convincing evidence" after "dismiss". Mayor Paul TenHaken, upon advice from Attorney Frieberg, indicated that the Council should consider the draft resolution prepared for the meeting. On a question of procedure, the Council did not object to voting down the motion and amendment as presented so that the draft resolution may be considered. Roll call vote to amend. 7 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Failed. Roll call vote to adopt. 7 Yes: Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Failed. A motion was made by Council Member Soehl and seconded by Council Member Selberg to adopt Resolution No. 107-20. A motion was made by Council Member Kiley and seconded by Council Member Soehl to amend by inserting "and that the complaint be dismissed". Roll call vote to amend. 8 Yes: Neitzert, Selberg, Soehl, Starr, Brekke, Erickson, Jensen, Kiley; 0 No: (None). Motion Passed. Roll call vote to adopt, as amended. 5 Yes: Selberg, Soehl, Erickson, Jensen, Kiley; 2 No: Starr, Brekke. Motion Passed. RESOLUTION NO. 107-20 A RESOLUTION DECLARING THE DECISION OF THE ELIGIBLE CITY COUNCIL MEMBERS FOR THE PUBLIC HEARING ON REPORT OF BOARD OF ETHICS HELD PURSUANT TO CHAPTER 35.058 OF THE CODE OF ORDINANCES. WHEREAS, Ethics Complaint 20B came before the Sioux Falls City Council for a public hearing on September 10, 2020 at 6p.m.; and WHEREAS, the public hearing was completed as required by Sioux Falls City Ordinance 35.058(f); and WHEREAS, the eligible members of the City Council have reached a decision with respect to Ethics Complaint 20B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD: Section 1. That the City Council has determined that there is not clear and convincing evidence that Councilman Greg Neitzert violated Sioux Falls City Ordinance 35.053(e) and that the complaint be dismissed.  Section 2. That the City attorney prepare Findings of Fact, Conclusions of Law and a final order for the Council’s consideration and approval as required by Sioux Falls City Ordinance 35.058(f)(8). Date adopted: 09/10/20 . Paul TenHaken, Mayor ATTEST: Thomas Greco, City Clerk EXECUTIVE SESSION 5. CONSULTING WITH LEGAL COUNSEL OR REVIEWING COMMUNICATIONS FROM LEGAL COUNSEL ABOUT PROPOSED OR PENDING LITIGATION OR CONTRACTUAL MATTERS (SDCL 1-25-2(3)) An executive session was not held. ADJOURNMENT Mayor Paul TenHaken adjourned the meeting at 10:29 p.m. Thomas M. Greco, City Clerk