AG Long: Colman Breaks Law, But Doesn't Commit Crime?

Evidently pre-occupied with a million-dollar libel suit, that Sioux Falls newspaper follows the Madville Times and Madison Daily Leader in covering the speedtrap scandal in Colman. Melanie Brandert does some good homework, speaking to Attorney General Long and crunching numbers on just how much money the City of Colman kept from kids and cops [Melanie Brandert, "Police Chief: I Was Unfairly Fired," that Sioux Falls newspaper, 2007.08.17].

From the Attorney General, we get a rather odd legal opinion:

Colman officials did not commit a crime, and it is uncertain whether the state could reprimand or penalize the city in some way, Long said.

"This is sort of unplowed ground, and we're trying to figure it out," he said. "This thing is kind of unusual."

We certainly hope city officials not following state law is unusual. But since when does not following state law not constitute committing a crime? AG Long may be playing definition games in his comments for the press. His private communications to the City of Colman must have included sterner stuff:

Assistant City Attorney Jim Billion gave the city an opinion on whether it was permissible to divert payment of fines for violating local ordinances to the city in a May 29 letter to Colman Finance Officer Gloria Van Duyn.

He wrote that the practice appears permissible but warned the city would be responsible for enforcement and collection of tickets and would have to file tickets with the court clerk when contested.

Then, after Attorney General Larry Long intervened, Billion reversed his advice in a June 11 letter to Van Duyn.

"In revising this issue in light of some additional authority, I now hold the opinion that violations of city ordinance should be filed with Clerk of Courts," he said. "It doesn't appear the state will seek to collect on tickets and fines retroactively, however, the practice of issuing city tickets on SD 34 should discontinue."

It sounds like Billion was willing to facilitate the city's game as long as nobody higher up the chain of command noticed or made a fuss. When "additional authority" did get wind of Colman's monkey business, Billion turned his yes to a no. How instructive it would be to hear that early June communication between Long and Billion....

Brandert gives us a good breakdown of the money involved in what AG Long considers a non-crime:

For example, former chief Brion Kimball would charge $35 out of a $79 speeding ticket from 6 to 10 mph over the limit to speeders on Highway 34 in Colman, Schlueter told Epp in an e-mail. The remaining $44 is for costs and surcharges for violating a state statute.

"Hence nothing went to the school districts or law enforcement training and various other funds," he told his lawyer.

Costs of $40 are designated for law enforcement and judicial expenses for personnel, training and facilities provided by the state, as well as special funds such as victim compensation. The state lost $46,640 in the 2004 and 2005 federal fiscal years, and part of 2006 until May - when Kimball left to become police chief in Centerville.

With Flandreau schools having 73.6 percent of students in the county, it lost as much as $30,040 in the 2004 to 2006 federal fiscal years through May. Colman-Egan lost about $9,117. Brookings, Chester Area, Dell Rapids, Elkton and Rutland also lost money.

Flandreau Superintendent Rick Weber said he would need to study the issue further before commenting.

Colman-Egan Superintendent Roger Fritz did not return calls for comment.

Seven school districts robbed of $46,640 over two fiscal years. Multiply that figure out over nine years, and Colman breaks the $200,000 mark in moneys not collected or remitted to the state.

Let's see: if a farmer doesn't pay his property tax to the county, that's a crime. If a South Dakota business fails to collect and remit sales tax to Pierre, that's a crime. If you fail to write a check to the IRS on April 15, that's a crime. In every one of those cases, the government knows exactly what to do: it sends the sheriff or the marshal or the lawyer to get the money (or you... or both!).

Yet the City of Colman shorts the state thousands of dollars, and the Attorney General of South Dakota stands there scratching his head trying to figure out what to do?

Readers, the floor is open for suggestions....