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Saturday, August 25, 2007

So Can Colman Arrest Itself?

The City of Colman could already be in trouble with the school districts in Moody County for not collecting and remitting full speeding ticket fines to the state for distribution to the schools. A casual reading of Colman city ordinances suggests that the city might even be in trouble with itself.

Colman City Ordinance 10.0201 (Traffic Code -- Speed Limitations) establishes the speed limits on Highway 34 through town (remember, kids: 35 mph!) and other streets, then concludes with this direction:

The City of Colman follows the South Dakota State fine and bond schedule for speeding violations. Unless otherwise stated, violations of traffic and parking ordinances within the City of Colman shall be considered petty offenses punishable by a $25.00 fine.

Hmm... Chief Schlueter's predecessor, Chief Kimball, was charging speeders $35, so he evidently wasn't treating speed violations on Highway 34 as one of these petty offenses. The city also wasn't collecting or remitting to the state the funds laid out in SDCL 23-3-52 -- that's part of the "State fine and bond schedule," isn't it?

So on top of shortchanging school districts and law enforcement training, might Colman's city officials have been breaking their very own ordinance? Of course, fire the police, and there's no one left to arrest you....

5 comments:

  1. the state law on speeding is not a petty offense, so what does it mean Colman follows the state bond schedule?

    "Kimball told the Argusleader on 8/21 the city speeding offenses were a petty offense"
    http://www.argusleader.com/apps/pbcs.dll/article?AID=2007708210305

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  2. I hope that somebody gets to bottom of this matter soon. This kind of activity can't keep going on. City officials in Colman want to hold somebody accountable to do the job they are hired for, well what about the elected officials.

    HHMMM!! What do they have to say about this. Let me quess, I have no comment!! Famous last words of somebody who broke the laws they agreed and swore to enforce.

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  3. If AG Long and State's Attorney Ellingson aren't taking action, then the folks in the best position to impose some accountability are the voters of Colman itself. I welcome comments from Colmanites: is there outrage in the streets? Disappointment at the loss of revenue? Admiration for crafty ticket practices?

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  4. Brian Kimball in this matter should be dealt with accordingly also. Who was the person who initially introduced this kind of practice to the city officials anyway. Was this going on before Kimball got there, or was this something that he set up.

    It seems to me that alot of trust was relied on Kimball, but for lack of better terms shouldn't be in the position he is in today. In case you want to know I will get the minutes from Centerville, but he is going to do the samething there also that happened in Colman. Does another small town need this kind of publicity?? One is enough!!

    I hope that the attorney generals office is looking into this matter and the appropiate action takes place with Kimball and the city officials. Other are held accountable for their actions and the same in this case. Lets stand up for what is right. Schlueter, it takes a lot of courage to do what you did. Some people wouldn't do this at all, but the right thing needs to be done here.

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  5. I would love to see Centerville's city minutes since they seem to publish as well as Colman does. What is it about April? Those are the last minutes published for Colman and Centerville.

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