Mayor Alan Hanks took the occasion of a public meeting on an entirely separate topic Thursday to issue a statement regarding the city council's censure of Alderman Sam Kooiker.
"It would not be appropriate to interject the Mayor's Office into an issue which by South Dakota Law clearly states that only the city council can judge and discipline one of its members," the statement said.
Hanks distributed the written statement to the media at the public meeting to discuss the location of the minimum security prison.
The council voted 6-3 to censure Kooiker in the early morning hours of Feb. 17 after a meeting that included six hours of public testimony and debate. Aldermen Bill Waugh, Lloyd LaCroix, Malcom Chapman, Karen Gundersen Olson, Ron Kroeger and Deb Hadcock voted for censure. Aldermen Ron Weifenbach, Patti Martinson and Aaron Costello opposed censure.
In the days that followed, the mayor would not comment on whether or not he would veto the censure or what his options would be. Under state statute, a mayor has the legal authority to sign or veto any ordinance or resolution passed by the council within 10 days.
The grievance stemmed from Kooiker asking questions about the disposal of thousands of dollars in Rapid Transit signs and brochures last fall.
The city released more than 1,000 pages of e-mail correspondence between Kooiker and the city's public works director, Robert Ellis. The e-mails were specifically referenced in the resolution of censure, along with other allegations of Kooiker's misconduct, including making untrue statements in a public meeting.
Kooiker has maintained he did nothing wrong in asking the questions in his e-mails and in a public meeting.
Rapid Transit manager Rich Sagen filed a harassment complaint in September against Kooiker, charging conduct unbefitting an alderman that negatively affected Sagen's ability to lead his department.
The council eventually voted in Sagen's favor, ruling that Kooiker had overstepped his bounds and violated the city's Code of Conduct for Elected Officials. More than 100 residents attended the meeting, many staying until 2:30 a.m. to voice their opinions.
