12/19/2024
Letter to the Editor
By Austin B. Hoffman
McPherson Co. State’s Attorney
This is a response to a “letter to the editor” published on December 12, 2024, on the McPherson County Herald’s page, written by Mike Klipfel, as Chairman of the McPherson County Republicans. Over the last several years, I have seldom responded to inaccurate statements and accusations leveled by misinformed citizens. When I did, I remained polite. However, the disinformation in that letter requires a less than tepid response. Here are the undisputable facts.
First, let me explain what the McPherson County Republican Central Committee is, and what the group is supposed to be doing. We must begin with how the overall organization is structured. At the top is the South Dakota Republican Party State Central Committee and the State Executive Board. Underneath that are the County Central Committees and the County Executive Boards. As of the most recent official filing, the McPherson County Republicans Executive Board currently consists of Mike Klipfel as Chairman, Linda Schauer as Vice Chair, Jodi Waltman as Secretary, Melvin Kallas as State Committeeman, and Marian Kallas as State Committeewoman. I will not list the Treasurer, since I know that person has resigned.
According to the Bylaws of the South Dakota Republican Party, the duties of the County Chairman, Mr. Klipfel, are as follows:
1) Direct county Republican Party Affairs as well as conduct the political campaigns in the county;
2) Carry out the annual plan of party goals and objectives of the state chairman;
3) Seek a full Republican slate for all county and legislative positions, including precinct committeemen and committeewoman in the primary election.
While there are other duties, these are the three that pertain to actual political activity. The main duties of the other Executive Board officers are mainly administrative as well as to aid the Chairman. In short, the McPherson County Republican Executive Committee is meant to find Republicans to run for office, support those Republicans, and carry out objectives as directed from the State Chairman. This Executive Board, however, has taken it upon themselves to arbitrarily expand their activities.
Over the last several years, Mr. Klipfel and other members of the Executive Board have used those positions to push personal agendas. They have used the McPherson County Republican Executive Board as a vehicle to move forward an anti-CO2 pipeline agenda, an unfounded election integrity agenda, and most recently to push a blatantly false and incorrect narrative that myself, as State’s Attorney, am attempting to push a resolution that would violate First Amendment freedom of speech rights. The first two items I mention are inappropriate. The latter is absurd.
If Mr. Klipfel, or anyone else on the Executive Board, wants to make these arguments as a citizen of McPherson County, they have every right to do that. However, to use their positions on the McPherson County Republican Executive Board to do so, is in direct violation of the Board’s bylaws. It needs to stop. They represent the entirety of the Republican Party in McPherson County. I am positive that many Republicans do not share the same viewpoints as they do. Simply put, they are not policymakers.
I also need to address the personal accusations Mr. Klipfel made in his letter. First, he states I drafted a resolution that has “far-reaching implications which would limit our First Amendment right to freedom of speech at commission meetings.” The resolution Mr. Klipfel is talking about is to set policy for how McPherson County Commission meetings are run. As of today, we are one of a very few political or government organizations that has no policy on this. This is the same advice that I have given numerous times to the County Commission. The only difference is that it is now in the form of a resolution. I was recently appointed to the South Dakota Open Meetings Commission and after being a part of two of those meetings, it was very evident that our Commission meetings can and should be run more efficiently and effectively. South Dakota provides that public comment shall be allowed at any governmental meeting “limited at the public body’s discretion as to the time allowed for each topic and the total time allowed for public comment.” SDCL 1-25-1. This is what this resolution does.
Without asking any questions, or doing any research, Mr. Klipfel seems to have an issue with only county commissioners, department heads, and elected officials being able to add items to the agenda. For any board, committee, or council conducting a meeting, it is the agenda of that respective board, committee, or council and they have the right to set their agenda how they see fit. I spoke with various school districts, cities, and counties in our area. There was not a single one of them that did not have some form of policy on how things are added to the agenda. Either a board member needed to request it, a citizen needed to fill out a form that was either denied or approved by the board chair or auditor, or an auditor had full discretion on what did or did not go on the agenda. And in almost all cases, the board chair had the final say on what was or was not on the agenda. In any case, an agenda always needs to be approved at the beginning of each meeting, at which time a commission member has the right to make a motion to remove any item from the agenda.
These policies are in place for the majority of governmental entities in South Dakota. Under the proposed resolution, any citizen could still ask commissioners, department heads, or elected officials to have an item placed on the agenda with the approval of the chairman. This is a policy practice that has never been found to violate any constitutional rights by a court. To say this violates anyone’s freedom of speech rights is not only wrong, it is completely asinine.
Moreover, it would not stop anyone from speaking on any issue that is not on the agenda. There is a required public comment portion of every Commission meeting where anyone can come and speak on whatever issue or issues they deem necessary. Also, this is a resolution. It is not an ordinance or any kind of law that would come with penalties if violated. Resolutions are nothing more than suggestions passed by whatever board or organization they are passed by.
Regarding the legal bill mentioned by Mr. Klipfel, this bill was for legal assistance to deal with a petition put forward mainly by the McPherson County Republican Executive Board. If passed, it was my opinion as State’s Attorney it would have forced the County to violate state and federal law. Earlier this year, I wrote a lengthy letter to the editor regarding the matter. I am not going to completely rehash that issue, however, if passed it would have forced the county to remove the ExpressVoting machines from precincts. These are machines that help disabled people vote and are required to be in every precinct under state and federal law. Removing them would have almost certainly caused a lawsuit, or lawsuits, from various organizations with the potential of costing taxpayers an exorbitant amount of money. As State’s Attorney that was my opinion. I was following the law and avoiding inevitable lawsuits and protecting the county from unnecessary expenditures.
Mr. Klipfel consistently told the McPherson County Commission that my advice to them regarding that petition was wrong. He was asked multiple times to provide where he received his legal advice on the matter. No answer was ever given. After hearing these arguments several times from Mr. Klipfel, I advised the County Commission if my legal opinions were not trusted by the public, the next step would be to hire outside counsel and get their advice. This is what the Commission did. The advice from the other attorney was the exact same legal opinion I offered. If Mr. Klipfel had not pushed the petition that violated state and federal law, as well as him repeatedly telling the County Commission that I was wrong, this bill would never have occurred. It seems to me, he is complaining about an expenditure he created.
Mr. Klipfel also makes the assertion that I “advised the commission not to pass an ordinance to protect the Citizens of McPherson on the proposed Summit Carbon Solution’s CO2 pipeline” at the January 2022 commission meeting. This is an outright lie. Every County Commission meeting is audio recorded and I have reviewed that audio. If anyone would like to listen to it, I would be more than happy to provide it. I never offered such advice. In fact, not only is Mr. Klipfel’s statement an obvious lie, my advice to the County Commission was the exact opposite. Regarding a pipeline ordinance, my exact words were “You can write whatever ordinance you want. Whether or not it’s something you could uphold or not is a different story.” At no point did I advise the County Commission not to write an ordinance in regard to pipelines. Later in the discussion, a moratorium on pipeline construction came up and at that time I did advise the County Commission that because it is a zoning issue, that moratorium should be passed by the Zoning Board, not the County Commission. If it were to be passed by the County Commission and was challenged in court, it would likely get overturned because proper procedure was not followed. The following week, the Zoning Board passed a moratorium. Not only that, using input from the Zoning Board and County Commission, I spent countless hours drafting a 27-page Hazardous Material Pipeline ordinance nearly from scratch that is by far the most detailed and stringent pipeline ordinance in South Dakota.
I have no issues with someone disagreeing with me politically or unhappy with the decisions I make as McPherson County State’s Attorney. Everyone has the right to their opinion. But using one’s role as Chairman of the McPherson County Republicans to make incorrect and false accusations, to push personal agendas, or to complain about legal bills they created, is an entirely different story.
These issues and debates have wasted an outrageous amount of time, money, and energy. Certainly we can find better uses for those things.