Hey, New Yorkers! Want a reason to be a bit miffed at South Dakota? Try reporter Joe O'Sullivan's list of the states that got the most Homeland Security dollars per resident in 2011. New York, where al-Qaeda terrorists killed 2,977 Americans and ushered in the police-state era, ranks tenth, at $4.70 per person. South Dakota, where terrorists haven't killed anyone since, well, ever (AIM debate, anyone?), ranks sixth, at $6.20 per person.

O'Sullivan notes that we'd have a hard time proving to our New York neighbors that South Dakota is really combatting terrorism with all that anti-terrorism money:

All that spending came in a state that arguably has very little threat of terrorism. According to a 2010 Washington Post report, South Dakota is one of 15 states that federal intelligence agencies ruled has "no specific foreign or domestic terrorism threat."

...a federal government report released in May has questioned South Dakota's ability to even measure whether the homeland security money is being put to good use.

"We were unable to determine the extent to which the [federal homeland security] grants enhanced the state's ability to prepare for and respond to disasters and acts of terrorism," according to the Department of Homeland Security Office of Inspector General Report. "The state does not have a system to measure preparedness" [Joe O'Sullivan, "State Gets Millions in Homeland Security Grants, But Where Does It Go?" Rapid City Journal, 2014.06.08].

We have a state government demanding more tests and more accountability before they'll deign to give schools any more money. But scare us with terrorism, and we'll throw all sorts of money at the police and never ask for proof that that money is addressing real threats and making us safer.


Last December, reporter Bob Mercer asked Attorney General Marty Jackley to release records from the investigation of Richard Benda's unusual death. Mercer wanted the public to see those records to address widely circulating doubts about the validity of AG Jackley's conclusion that Benda committed suicide. AG Jackley refused, on the seemingly extra-legal pretense of the family's desire to keep said records secret.

Yesterday the Office of Hearing Examiners upheld AG Jackley's secrecy on the Benda investigation. Chief Hearing Examiner Hillary Brady said AG Jackley's extra-legal conditions on releasing the information are legal. Brady's ruling cites statute exempting criminal investigation records from public view... which remains highly suspicious, since Mercer is requesting information about Richard Benda's death, which the Attorney General has said was not a crime, but just a suicide.

As the state thus continues to keep secrets, Gordon Howie releases his conversation with me about Richard Benda's death and other matters related to the GOED/EB-5/Benda scandal:

Note that I'm trying hard to accept the Attorney General's conclusion. It would be a lot easier if the AG would share the solid evidence that led him to that conclusion.


John Hult tries to write a detailed report on investigations of abuse in South Dakota's foster care system. Writing such a report is hard, Hult notes, because South Dakota keeps such investigations secret.

But it's children! you say. We can't subject those children or their families to public scrutiny and shame. It might deter people from coming forward with reports of neglect and abuse.

Funny: Minnesota doesn't have that problem:

In Minnesota, that information would be available. In 2001, the state opened all abuse and neglect hearings and records after a two-year pilot project. The response has been positive, said Judy Nord, a lawyer with that state's Judicial Branch.

"We still have arguments in Minnesota about whether a child should have been placed in one home or the other. That hasn't stopped," she said. "The difference is that now, if something happens, you can go back through and find out what happened throughout the process."

Before the pilot project, opponents argued that opening records would lead to disclosure of the names of the children and families involved, that people would be less willing to report abuse for fear of the spotlight, and that parents would contest the allegations and press for a trial instead of admitting them in public.

Those concerns were unfounded, Nord said.

"The hearings are open, the records are open, and we haven't seen any problems," she said. "We still have people reporting abuse, we still have as many admissions as we did before opening the hearings."

Now, Nord said, relatives, teachers and others close to a child have started appearing at the hearings to offer help [John Hult, "Secrecy Cloaks Foster Care Investigations by S.D. Social Services," that Sioux Falls paper, 2014.05.04].

I suppose that saying we should learn from Minnesota's example is a sure way to get Pierre not to take the desired action.

Among the information Hult can find are the data on investigations and substantiated case of abuse and neglect in foster homes and other homes in South Dakota. The foster care numbers are small and thus statistically less reliable, but Hult's numbers show that the percentage of investigations revealing substantiated cases of abuse and neglect in foster homes over the last five fiscal years is about 7%, compared to 22% for other homes. From these numbers, one could draw a number of logical guesses:

  1. Foster homes are subject to more scrutiny and thus more reports of possible abuse, which subsequently turn out to be unsubstantiated.
  2. The state's vetting process for foster parents works, producing a subset of caregivers who commit less abuse than the general population of parents and guardians.
  3. Foster homes' substiantiation-to-investigation ratio is depressed by the fact that the state has an interest in protecting itself from liability that colors its initial investigations in a way that does not happen in investigations of non-foster homes.

As long as South Dakota keeps its investigations of foster homes secret, citizens will have a hard time determining which of those three interpretations is the most accurate.


Attorney General Marty Jackley makes the following statement in favor of allowing the public to see documents related to an investigation in which the public has questioned the conclusions and actions of state law enforcement:

"I think the public should see what law enforcement had," Jackley said, referring to why the farm was searched [Carson Walker, "South Dakota's Jackley Wants 1971 Evidence Issued," AP via USD Volante, 2014.04.25].

AG Jackley is referring to the evidence that led to searches ten years ago of the Lykken farm near Alcester, searches that led to wrongful charges of murder. AG Jackley is not referring to the evidence and documents in his investigation of the death last October of Richard Benda, former state economic development chief and primary player in the GOED/EB-5/NBP/Keystone XL scandal. Funny how AG Jackley's commitment to open records comes and goes.


“[W]e might hope to see the finances of the Union as clear and intelligible as a merchant’s books, so that every member of Congress, and every man of any mind in the Union, should be able to comprehend them, to investigate abuses, and consequently to control them” [Thomas Jefferson to Secretary of the Treasury Albert Gallatin, 1802.04.01].

We're not that great at running elections (how'd your great-idea voting centers do on poll wait times in Sioux Falls yesterday, Secretary Gant?), but South Dakota gets good marks for online budget transparency. The U.S. Public Interest Research Group has scored states on offering online access to government spending data. South Dakota gets a B+, tying with North Carolina in the "Advancing" category, and just missing joining eight "Leading" states. Our only neighbor in the Leading category is Iowa, scoring 90 compared to our 89.5 (so close!). Minnesota and North Dakota both get D's.

South Dakota was among the top ten improvers, boosting its public finance website score from 70 to 89.5 in just one year. The big improvement was adding searchable datat on "Tax Expenditures," the tax revenue that South Dakota could collect under uniform application of existing laws but which it gives up in the form of sales tax exemptions, preferential rates, and other special favors. (The total listed this morning for all tax expenditures: $632,450,622.00. That's enough money to raise our teachers' pay to the highest in the nation and still have $304 million left. Or we could pay the $510 million it would cost to send all 36,000+ plus students in our Regental universities for free.)

Of course, since our EB-5 program went private, I can't find the checks Joop Bollen, Richard Benda, and friends were able to cash under his contract with the state. Open.SD.Gov allows us to follow the money... just not all of it.


We also get special mention for auditing our state checkbook each year. The online checkbook is fun: it allows to discover fun information like the fact that so far in the current fiscal year, the state of South Dakota has paid Lawrence & Schiller, the ad firm founded by state GOP chair Craig Lawrence, $3,039,006.20. It also lets us itemize state payouts to Northern Beef Packers over its unproductive five years for a total of $2,327,815.47. What fun!



Madison City Commission candidate Ashley Allen bristles at backrooms deals in local government. In a Facebook post this week, Allen cites a blog post by Madison Daily Leader correspondent Chuck Clement (wait: did I just use blog post and Chuck Clement in the same sentence?) pointing out the oddity of state open meeting laws that allows local governments to shut out the public when they discuss economic development.

Clement knows his open meeting law; he knows that SDCL 1-25 doesn't mention economic development as a topic our local leaders can keep secret. But he discovers cities and counties are granted secret-keeping authority over economic development schemes by SDCL 9-34-19, an open meeting exemption tucked away under municiapl trade regulations:

Right among the state laws -- for pool rooms and bowling alleys, junk stores, scalpers, employment agencies, public dances, skating rinks, and tattooing and body piercing -- were the rules for closing public meetings to discuss economic development.

Either our lawmakers have a really bizarre sense of humor or they really must not want South Dakotans or anyone else to know much about government involvement in economic development. I will continue to wonder why anyone wanted to hide 9-34-19 among the rules for "Municipal regulation of food sales."

Oh, but there is one set of rules in the same chapter that fits with hiding the regulations for executive sessions - it's 9-34-16, the state's rules for "Mindreaders and fortunetellers" [Chuck Clement, "Tattooing, Junk Stores... and Economic Development?" Madison Daily Leader, 2014.03.20].

Dang: unleash Clement from the formal reporter's beat, and he brandishes a singular statutory wit.

Allen says he would like to repeal SDCL 9-34-19. Repealing state law is a bit tough from City Hall, but opening economic development discussions could happen without a legislative change. Notice that SDCL 9-34-19 says, "Any discussion or consideration of such trade secrets or commercial or financial information by a municipal corporation or county may be done in executive session closed to the public." May. We find the same non-mandatory permission in SDCL 1-25-2: "Executive or closed meetings may be held...."

State law does not order city commissions to go into executive sessions. It gives them the option, upon a majority vote. If you want an open discussion of economic development issues on a five member board, you need to get two other people to agree with you, and that discussion remains open.

So does anyone among Allen's candidates and among the commissioners they will join in City Hall share Allen's zeal for openness on economic development?


I wonder how you make a narcissist go into histrionics....

Pat Powers gives you one corn chip; I give you the whole enchilada. For your reading enjoyment, I offer Annette Bosworth's Republican U.S. Senate nominating petition, filed yesterday with the South Dakota Secretary of State:

Bosworth nominating petition sheet

Those seven signatures from the Lakeview Hutterite Colony out by Lake Andes are just page 9.1 out of 213 sheets submitted. Here's the link to the entire petition, all 122 megabytes, nicely numbered:

Annette Bosworth Nominating Petition: 213 sheets, 122 MB

That's an awful lot of petition to download all at once. If you don't want to give your Internet connection a hernia, here's the petition in nice ten-sheet (front and back) chunks:

  1. BosPet 000-009
  2. BosPet 010-019
  3. BosPet 020-029
  4. BosPet 030-039
  5. BosPet 040-049
  6. BosPet 050-059
  7. BosPet 060-069
  8. BosPet 070-079
  9. BosPet 080-089
  10. BosPet 090-099
  11. BosPet 100-109
  12. BosPet 110-119
  13. BosPet 120-129
  14. BosPet 130-139
  15. BosPet 140-149
  16. BosPet 150-159
  17. BosPet 160-169
  18. BosPet 170-179
  19. BosPet 180-189
  20. BosPet 190-199
  21. BosPet 200-209
  22. BosPet 210-213
  23. EXTRA! Added 2014.03.31! BosPet214-227 submitted by mail, received by Secretary of State after certifying the originally submitted 213 pages.

Look it over. If you notice any Democrats or Independents or non-voters or non-people, or if you want to point out anything else you find interesting about the petition, feel free to leave a comment below. Have fun, everybody!


Jonathan Ellis shines a harsh light on the culture of secrecy with which state medical boards and hospitals shield doctors from facing the consequences of their malpractice. Focusing on the "trail of pain" left by surgeon Allen Sossan, Ellis shows that Nebraska and South Dakota boards that review doctors' performance seem more concerned about protecting doctors' privacy than protecting patients' lives.

Ellis's report includes stories of patients who were paralyzed or killed by Sossan's shoddy and unnecessary surgeries. Complaints to the Nebraska licensing board did not result in action against Sossan's license. When Sossan came to practice in Yankton, Avera Sacred Heart Hospital allowed him in, despite the grim stories that attached to his name:

They delayed granting him privileges, but after about a year, Sossan threatened to sue. Matt Michels, a lawyer for Avera Sacred Heart, told the executive committee that Sossan probably would prevail in court under laws that bar organizations from restraining trade. The problem for the executive committee was this: Nebraska’s licensing board had not taken action against Sossan’s license, and Faith Regional had not reported adverse activity, so Avera didn’t have grounds to reject his request for credentials [Jonathan Ellis, "Secrecy Protects Surgeon's Trail of Pain," that Sioux Falls paper, 2014.03.23].

Yes, that Matt Michels. Now Lieutenant Governor Matt Michels.

But don't blame him; blame the licensing system and the medical culture that insulates doctors from punishment and bad press and ties the hands of administrators and institutions would try to protect patients from bad doctors.

*   *   *
By the way, one lawyer who successfully sued Sossan for killing a patient with unnecessary surgeries has managed to pierce the institutional veil of secrecy and discover that Sossan's entire career may be based on cheating on a test:

Tim James, a Yankton lawyer who represented Bockholt’s children and who is representing other clients against Sossan, uncovered records showing that Sossan — who then went by the name Alan Soosan — was arrested while in college in the early 1980s for felony grand theft and burglary. Sossan was arrested in Florida, according to a police report, for breaking into the biology department and stealing a test. “What made it really interesting was that it was a core requirement to get into medical school,” James said. “It’s not like he was stealing a French test” [Ellis, 2014.03.23].

As a French teacher, I object to the characterization of my work products as trivial.


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