Madison Fireman Guilty of DUI; Sentencing January

Remember Scott Johnson, the Madison fireman arrested in September for driving the firetruck drunk? His case provoked all sorts of awkward conversation and exposed some ugly attitudes about alcohol in our fair community.

But Johnson's case appears not to have provoked much controversy with the jury. Twelve of Scott Johnson's peers spent 40 minutes Wednesday deciding he was indeed guilty of DUI. Blood alcohol level of 0.098, putting public property at risk, violating public trust... not really any excuses, are there?

Judge Tim Tucker will decide how much of the book to throw at Johnson for drunkenness on duty on January 3.

So are you folks done being snotty to the Madison police yet?

Reich Reviles Rotten Reaganomics Rehash -- Congress Passes Stimulus II

Senator Tim Johnson was on SDPB Dakota Midday Tuesday insisting that he had no choice but to vote for the $858 billion Stimulus II that the Republican leadership and President Obama worked out. Funny: Senator Tom Harkin from Iowa thought he had a choice. So did twelve other Senate Democrats, six Senate Republicans, and one Senate Indy-Socialist (roll call vote #276 here).

South Dakota's last Democrat in Washington needs to read more Robert Reich. America's best darn former Secretary of Labor critiques exactly this false "have no choice" excuse. Reich says we ought to have the courage to choose something other than a rehash of failed Reaganomics:

Supply siders are also fond of claiming that Ronald Reagan’s 1981 tax cuts caused the 1980s economic boom. There is no evidence to support this claim. In fact, that boom followed Reagan’s 1982 tax increase. The 1990s boom likewise was not the result of a tax cut; most of it followed Bill Clinton’s 1993 tax increase.

Nor did George W. Bush’s tax cuts trickle down. Between 2002 and 2007 the median wage actually dropped. And Bush’s record of job creation was pathetic relative to Bill Clinton’s, when taxes were higher. Under Clinton, America added 22 million net new jobs. Under Bush, barely 8 million [Robert Reich, "The New Tax Deal: Reaganomics Redux," blog, 2010.12.16].

Holy cow: our gal Stephanie and my man Dennis both voted aye! Michele Bachmann and Anthony Weiner voted nay. We should have more votes with alignments like that.

Wow: two empirical examples of significant tax increases followed by better economic growth than we got after the Bush tax cuts... ineffective cuts that we are now extending.

I know, it's all over but the shouting. But there are economic lessons we aren't learning... and I intend to keep shouting them.

Dairy Dozen Converts to Chapter 7; MPCA Nixes Dairy Permit Appeal

The Bernie Madoff of dairy feedlots, serial polluter Rick Millner, is having a very bad week. Millner's Veblen, South Dakota-based dairy management company the Dairy Dozen has been going through Chapter 11 bankruptcy. On Wednesday, U.S. Bankruptcy Court Judge Charles L. Nail, Jr., granted a trustee's motion to convert that bankruptcy from Chapter 11 to Chapter 7.

Chapter 11 is where you get a shot at reorganizing. Chapter 7 is where you throw in the towel and liquidate to pay off your creditors. As I read it, that means the Dairy Dozen is toast.

Then on Thursday, across the border in Minnesota, our friends at the Minnesota Pollution Control Agency officially said no flippin' way (o.k., I'm paraphrasing) to Millner's attempt to reopen his Excel Dairy in Thief River Falls. MPCA shut down that Millner monstrosity in 2009 and denied it a permit in April of this year for hundreds—hundreds—of air quality violations. Millner and fellow Dairy Dozen owners of Excel appealed. MPCA documented Millner's trail of environmental destruction at every dairy he's been involved with, took public comment, and yesterday said no more.

Grand Forks Herald reporter Kevin Bonham says no one answered his calls to the Dairy Dozen's Veblen office Thursday. Maybe they've already sold the phones.

It's a shame that the Dairy Dozen has done so much economic and environmental harm to so many communities. But perhaps South Dakotans and Minnesotans can breathe a little easier with these two big steps toward putting the dirty Dairy Dozen out of business for good.

Online Poll: Vote Now: MHS New Gym/Renovation!

Hey! Click through Twitter or your RSS reader and vote in the latest Madville Times poll. I'd like to know "How will you vote on Madison's $16.98 million new gym/high school renovation bond issue?"

As always, the Madville Times encourages educated voting. Learn more...

1. ...by taking the video tour filmed by yours truly on November 22;
2. ...by reading Madison High School's Renovation Project page;
3. ...by checking out the MHS Facility Project Facebook page;
4. ...and by browsing the best (and only!) local blog coverage of the project, including counterproposals from concerned citizens who are just as interested in boosting the quality of Madison education as anyone else.
   

Poll runs until Dec. 22, Wednesday morning breakfast time. Share the link with your fellow Madison Central School District registered voters and click now!

Hyperion Can't Count, Lowballs Pollution by Half

I hear on SDPB and read on KELO this morning that Hyperion was a little off in its pollution estimates on its proposed Elk Point refinery when it applied for a South Dakota air quality permit. By half:

Hyperion Resources has informed the state that a proposed oil refinery in southeast South Dakota would release almost double the amount of greenhouse gases previously estimated.

Documents from the Department of Environment and Natural Resources show that previous estimates omitted a step in the refining process ["Proposed SD Refinery's Emissions Revised," AP via KELO, 2010.12.16].

Emissions revised?!?! I'd ask what you guys are smoking, but you'd probably miss that by half as well.

But I guess when you've never built, let alone run, an oil refinery before, it's easy to miss a step in the process, right? But golly gee, what steps would you omit when you actually start building the thing? What safety steps would you omit when you fire that sucker up and start belching pollution into our clean prairie air and fresh water supply?

Department of Environment and Natural Resources, tell me you aren't taking these Hyperion incompetents seriously any more. Please. Hyperion can't even report its own projected pollution correctly, let alone build and operate a safe and clean refinery. Throw their permit out.

Adelstein: Powers Not Fit for Sec. State Flunky

Senator Adelstein gets double attention this morning. On Mount Blogmore, the Rapid City Republican raises some grave concerns about the patronage that has killed Dakota War College and elevated Pat Powers to director of operations for the Secretary of State.

The employment of a patently dishonest person in an office requiring absolute objective fairness is outrageous. One example, that comes to mind—that I copied before he tried erasing his multiple calumnies—is the false charge against my company—not just me personally—of giving “80,000 to Democratic candidates.” This on it's [sic] face was untrue, since he knew, or should have known that this would be illegal. The CORPORATE dollars were given on a BALLOT issue—else they would have been illegal. They were used successfully to defeat the “no exception” abortion on the ballot.

There are a number of other cases of total untruthfulness. This was not just the case with me, but others as well. Ragging on me for years, month after month—even when I was out of office—indicates a public hatred that renders Mr Powers unfit to occupy an office that requires impartial treatment of citizens. Treatment that we have come to regard as only natural in that office with the last three occupants, all whom I knew well both politically and as an active operator of a large complex corporation, many “not for profits”, numerous LLCs and Rapid City Enterprise funds [State Senator Stan Adelstein, blog comment, submitted 2010.12.14, under Kevin Woster's "From War College to SOS, in a cloud of nuked archives," Mount Blogmore, 2010.12.13].

Such is the risk we bloggers run. Mr. Powers has made a number of enemies with his political blogging. Now elevated by political chum Jason Gant to a particularly sensitive public office, Powers himself will now face harsh scrutiny to see if he can go beyond stepping away from the blog mic and develop the reputation for strict adherence to the law and fairness that were the hallmark of outgoing Secretary Chris Nelson and his staff (far too many of whom are clearing the decks to make way for Gant's appointees).

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Bonus Blog Snark: Mr. Kurtz says the delete-fest continues at Dakota War College, as he says a comment he submitted linking to Adelstein's charges was deleted by DWC committee-blogger Tyler Crissman. Mr. Crissman replies that "Forces beyond our control made it necessary for us to take that story down." Evading responsibility, hiding behind vague, unnamed forces—sounds like dark Powers at work. (I also can't link to Crissman's response directly, since their new new theme omits comment permalinks. Sigh.)

Adelstein on Balancing Budget: Raise Sales Tax

Good grief: if Dakota War College keeps slacking off, will I have to start getting my news from Gordon Howie's wingnut blog? That's scary... but it's the case this morning.

In a public discussion attended by hardcore Black Hills Tea-o-crat (rhymes with theocrat) Ed Randazzo, State Senator Stan Adelstein said Saturday he plans to float a bill in the 2011 session raising the state sales tax by one penny. Adelstein would impose this emergency tax for just three months of the year for three years. The temporary extra penny would raise $50 million a year to help erase South Dakota's looming budget shortfall.

Adelstein notes this plan has the added benefit of getting 26% of its money from tourists.

Mr. Randazzo hyperventilates over the plan with his usual Glenn Beck bromides. Randazzo opposes tax increases that allow the growth of government. He misses the point, however, that Adelstein's tax increase would only allow the reduction in cuts of state government.

Randazzo then opens his rich trove of wingnut contradiction by saying "We must cease the dependence on the 'trainload of money' from Washington to balance the budget." In Ed's fantasy-land, South Dakota is entirely self-sufficient and doesn't depend on Uncle Sam to meet its statewide needs for roads, farm aid, Social Security, Medicaid, Indian education and other reservation services.

At least Senator Adelstein is willing to look at South Dakota's fiscal situation with honesty and guts. Tune out the wingnuts, Pierre, and pay the bills!

Madison Central Violating State Election Law?

The more I think about Madison Central School District's proposed early voting scheme, the more uneasy I get. Beyond creating the awkwardness of voting on a new gym while surrounded by maroon-clad Bulldog basketball fans, the school district may be arranging early-voting that violated state election law.

The school district is offering four means of early voting in the upcoming bond election (I quote verbatim from their PDF):

• By mail
• At the business manager’s office in the high school at 800 NE 9th St.
• At many events and community locations prior to the election.
• Anyone who wishes to have early voting conducted at their business for their employees can contact the business office at 256-7710 for more information.

Vote by mail? No problem.

Vote at the school business office? Probably not a problem.

Voting at a school event? Problem.

Voting arranged by bosses for employees at workplaces? Big problem.

First, the school offers no reliable list of early-voting polling places. When and where exactly are the school events where voting will be possible? Will Cindy Callies have ballots on hand at every public event at the school? Or will the school district only break out the ballots at sporting events when they see lots of backers of the 2007 new gym project? Will the school avoid setting up a voting booth at, say, the public one-act performance in January, where they might encounter a number of arts supporters who feel the current $16.98 million plan still puts too much emphasis on athletics over academics?

Same with community events: when and where? Given South Dakota's overwhelming concern with protecting the secret ballot, perhaps a concerned citizen would want to observe the balloting to ensure voters' rights are protected. How can a poll watcher keep track of the voting if the school is doing it in undisclosed locations?

Arranging voting sessions at employers' requests at workplaces smells bad, if not worse. State law entitles employees to two hours off work to vote. Letting bosses arrange in-house voting skirts that requirement (mark your circles, then back to work, slaves!). Worse, it opens the door for all sorts of workplace intimidation: Imagine the boss walking in, saying, "O.K., who wants a ballot to vote on the school bond issue?" and then conspicuously noting with a scowl those who don't take a ballot, presuming to exercise their right to vote in private.

And imagine, just imagine, that employer were Madison Central School District. Principal calls a staff meeting, says, "Hey everyone! Cindy's here so you can all vote!" and hands out ballots.

I don't think principals Knowlton, Koch, or Walsh would do such a foolish thing. I hope every boss in town is that prudent. If employees want to vote, employees can request their absentee ballots individually or come to the polls on their own, on official leave as permitted by state law. Their bosses should have no involvement in their voting.

I support early voting and absentee voting. I support government efforts to get more people to vote.

But I also support following the spirit and letter of election law to protect voter rights and ensure complete fairness. The Madison Central School District needs to clarify and likely scale back its early voting plan to ensure its compliance with election law.

And remember, fellow voters: no Bulldog jackets at the polls.

Statute relevant to early voting in the school bond election:

• SDCL 12-18-1 requires that "All voting at the polling place shall be in private voting booths or compartments and, except as provided in § 12-18-25, shall be screened from observation."
• SDCL 12-18-3 says that, at a polling place, no one may "display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted."
• SDCL 12-18-9.2 authorizes and requires election officials and the cops to remove any materials violating SDCL 12-18-3 and arrest anyone committing such violations.
  
• SDCL 12-18-9 dictates that "Any person, except a candidate who is on the ballot being voted on at that polling place, may be present at any polling place for the purpose of observing the voting process." Rather difficult to do unless the school publishes a complete list of places, dates, and times where the voting process is taking place.
  
• SDCL 12-19-2.1 has a couple of goodies on absentee ballots:
• To get an absentee ballot, you "may apply in person to the person in charge of the election." That means one person, Cindy Callies, can legally hand you an absentee ballot. KJAM is reporting Monica Campbell will have ballots; I'm still looking for the statute that authorizes an "election assistant" to distribute absentee ballots.
• A third party can deliver an absentee ballot is if the voter (a) is confined "because of sickness or disability," (b) applies in writing, and (c) designates an authorized messenger to carry the ballot.
  
• SDCL 12-19-7.2 makes it a Class 2 misdemeanor for any authorized messenger to, "in the presence of the voter at or before the time of voting, display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person, political party, or position on a question submitted."
• SDCL 12-1-2 says that all of these Title 12 provisions "apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title." I haven't found any exceptions for school bond elections in Title 13.
  
• SDCL 13-7-14 says "Absentee voting shall be permitted in school district elections, including school district bond elections. The school board, with the approval of the county auditor and board of county commissioners, may permit absentee ballots to be voted at the county auditor's office in the county of jurisdiction."

MHS Bond Issue Early Voting Open! But Don't Wear Your Bulldog Jacket....

KJAM reports that early voting has begun in the $16.98-million new gym and high school renovation bond issue placed before us by the Madison Central School District. (Worth noting: one of KJAM's main media personalities, Matt Groce, is also leading a committee advocating passage of the Madison Central school bond issue.) The early voting information is also available (in annoyingly unnecessary PDF format) on the Madison K-12 website. (Who at MHS seriously thinks it's easier to publish a simple text notice as a PDF? What are you teaching those kids?)

The school is going to great lengths to make voting as convenient as possible. You can vote by mail or by dropping in to business manager Cindy Callies's office at the high school. Callies and Madison Education Foundation exec Monica Campbell will also have ballots handy "at many events and community locations prior to the election." Callies will even arrange to bring ballots to your place of employment so you can get all of your employees to vote.

Wait a minute. I'm all for universal enfranchisement. I'm all for absentee ballots. But voting at "school events" and other "community locations"? How do we arrange poll-watchers for this kind of everywhere, anytime voting?

This activity falls safely within the rules for absentee voting. I know in 2008 when I was out walking for Obama and other Dems, we could offer to deliver absentee ballots for interested voters.... Update: but as I review the Secretary of State's guidelines on absentee balloting, I am reminded that the only time we did that was in case of voters who were homebound by sickness or disability who would authorize a messenger in writing to convey their ballots.

But if the school district is organizing voting at events and workplaces, the school might want to take a look at SDCL 12-18-3, which governs electioneering and other conduct at polling places:

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor. Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain an office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter's free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election within one hundred feet of a polling place. A violation of this section is a Class 2 misdemeanor.

Read more relevant statute and cause for concern about Madison Central's early-voting scheme in my follow-up post on this topic.

I know the county courthouse takes the sanctity of the polling place seriously. I walked into the auditor's office once with a campaign t-shirt on. Absentee voting was going on in the office next door. The gals in the auditor's office immediately told me I had to cover up that shirt.

If the school district intends to establish polling places at concerts, ball games, and various workplaces around town, they had better ensure the integrity of the vote. If the school district is handing out ballots for people to mark at basketball games, they had better be on the P.A. system before the game alerting everyone that state law prohibits any discussion of the school bond election, pro or con.

Arguably, the school may have to ban Bulldog jackets, buttons, and signs at school events where voting is offered. If the "Vote Yes for MHS Committee" adopts any MHS logos or slogan for its campaign, if they adopt school colors maroon and gold for their advertising, then the presence of such school paraphernalia at polling places could well qualify as electioneering that could sway votes.

Open voting is great, but the school will need to work to assure the public its rolling polling places satisfy South Dakota election law.

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Possibly related: I learn from Monica Campbell that Jon Hunter is getting into webcasting with live streaming video from Madison Bulldog home basketball games on the MDL website, starting Thursday night. No word yet on whether the school district has designed an accompanying Web widget that will let listeners vote on the bond issue electronically.

Former Clinton Honcho Now Key TransCanada Lobbyist

Speaking of lobbyists, Hillary Clinton isn't to be trusted, either.

Via Great Plains Tar Sands Pipelines, I learn that Friends of the Earth is alarmed that Secretary of State Hillary Clinton isn't one of them. Apparently, one Paul Elliott was national deputy director and chief of staff for delegate selection for Clinton's 2008 presidential campaign. Paul Elliott is now a chief lobbyist for TransCanada in Washington, D.C. TransCanada needs Secretary Clinton to approve construction of the Keystone XL tar sands pipeline.

“TransCanada clearly sees an opportunity to get this dangerous pipeline approved through Secretary Clinton's relationship with Paul Elliott,” said Alex Moore, dirty fuels campaigner at Friends of the Earth. “Mr. Elliott’s influence in the State Department’s consideration of the pipeline is yet another reason we believe that the White House should reassign review of this project. The stakes for the public are too high to have anything but rigorous and fair scrutiny of the environmental risks of this controversial pipeline and tar sands oil” [Friends of the Earth, press release, 2010.12.13].

Friends of the Earth says Clinton should recuse herself from the Keystone XL decision-making process. Clinton has already caught heck from Nebraska's leaders for saying she's inclined to approve the pipeline. Is there any chance our current South Dakota Congressional delegation, or maybe our lobby-favorite Congresswoman-elect, will join in turning up the heat on Clinton for her Big-Oil-lobbyist connections?

Rolling Homework: Web Buses!

I don't know if this project is a money-saver or not. But for all those kids around South Dakota with long rides to and from school, maybe we can maximize our educational impact by transforming all of our buses into rolling Web classrooms:

One school bus in Arkansas’ Pope County has been transformed into a mobile classroom equipped with computer screens mounted to the ceiling, earphone jacks, wireless Internet access and a separate scanning device to record bus activity.

The five 19-inch customized computer screens stream math and science content from PBS, NASA, the Discovery Channel, CBS News and the Smithsonian Institution for students to watch on their hour-long rides to and from school. The screens also include video-conferencing capabilities [Lauren Katims, "High-Tech School Bus Teachers Students on the Road," Government Technology, 2010.12.14].

I know DSU athletes get to travel on a Web-capable bus. Does the tour bus the MHS boosters bought for our athletes have that capability? Kids could travel to games during the day and still watch class via webcam!

Web buses could have application beyond giving the kids a chance to do homework and web-chat with teachers on the way home. Perhaps we should start up a Web bus service for commuters from Madison to Sioux Falls. Just hook up some satellite wireless and let all the adults enjoy a couple extra hours a day of laptop productivity while the bus driver keeps things between the ditches.

Noem Opposes DREAM Act; Pentagon Disagrees

Matt Hildreth of The Independent Local takes Kristi Noem to task for her opposition to the DREAM Act:

You call the DREAM Act “amnesty,” you even say it "rewards those who have broken the law.”

Representative elect, to say that the DREAM Act is amnesty is to say that your children are fugitives. Maybe we should have detained your kids for the +27 times you broken the law.

According to you, it would be “amnesty” not to [Matt Hildreth, "Were Noem's Children Granted Amnesty?" The Independent Local, 2010.12.10].

The Development, Relief, and Education for Alien Minors Act wouldn't exactly let children of illegal immigrants off scot free. The only crime these kids have committed lies in not running away from their parents to avoid coming to or staying in America. The DREAM Act would give these kids a conditional path to citizenship: i.e., they have to work to become citizens, either by going to college or by serving in the military for two years.

Dang, that's not much different from the "advice" the judge gave Bill Janklow back when he was a rowdy teenager raising real trouble.

The Pentagon thinks the DREAM Act is a great idea, since it would get thousands more fresh recruits each year. But Noem and the Republicans see a chance to holler about those others who are threatening our American way of life. Keep fear alive, Kristi....

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Bonus Fiscal Conservatism: CBO says the DREAM Act cuts the deficit $1.4 billion and raises federal revenues $2.3 billion over ten years. Wow! Pass 52 more bills like that, and we'll cover the cost of the tax breaks for the rich we're passing this week!