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McGowan Resigns—Second Political Victory for Noem on Sexual Harassment

Governor Kristi Noem gets one small political victory before she ascends the podium for today’s budget address: after rushing an Attorney General’s investigation that found no grounds for the Governor to fire but plenty of bad behavior, the Governor can dance on Minnehaha County State’s Attorney Aaron McGowan’s resignation. McGowan, who happens to be a Democrat, has submitted his letter of resignation for action at today’s Minnehaha County Commission meeting.

McGowan doesn’t mention the Governor; instead, he blames bad health and bad press:

I had a knee replacement surgery on October 18th.  I developed a blood clot/hematoma which required an urgent surgery on November 1st.  This condition was likely the result of me returning to work too soon after the initial replacement surgery.  In fact, I went to Pierre for a five hour meeting just four days after the knee replacement. I was placed on weeks of bed rest in order to save my knee joint and keep my leg.  Despite everything I’ve been through, the print media has been relentless and continues to harm me and my family.

Contrary to print media reports, I just obtained a life sentence on a child murderer on May 30th of this year.  I’ve worked numerous weekends on homicide cases since then. The negative print media has been too much of a distraction for me to continue with my responsibilities as State’s Attorney.  I’ve been honored to serve in this capacity for more than a decade! I’ve been privileged to work with our phenomenal Law Enforcement Officials! They truly are the best of the best and deserve our thanks and respect!  My intent is to focus on my faith, family, and health needs. I don’t plan on doing any interviews until I feel better and complete my physical therapy [Aaron McGowan, e-mail to media, KELO.com 2019.12.02].

KELO-TV includes a picture of McGowan’s stitched-up knee, in case anyone wants proof of McGowan’s medical hardship.

But the mean print media is reporting that multiple county employees say the county and its public insurer have been following up on the sexual misconduct that was uncovered by the Attorney General, who happens to be a Republican, and eagerly published in October by the Governor, who happens to be a Republican.

…multiple Minnehaha County employees have told the Argus Leader on background that McGowan was under investigation for workplace misconduct. The investigation was sparked by a separate investigation by Attorney General Jason Ravnsborg, which was released in October. Besides finding unexplained absences and accusations of drunkenness, the Ravnsborg investigation included an incident involving a female employee in McGowan’s office.

…That incident, as well as others related to his duties in office, prompted a second investigation by the South Dakota Public Assurance Alliance at the request of the county. The Public Assurance Alliance insures the county, and its duties include risk management. Dave Pfeifle, the alliance’s executive director, did not respond to a request for comment last week. However, county employees who spoke on background to the Argus Leader due to fears of retribution, confirmed that employees in McGowan’s office were interviewed in relation to the alleged misconduct [Jonathan Ellis, Joe Sneve, and Danielle Ferguson, “County Investigating Aaron McGowan on Sexual Harassment Claims,” that Sioux Falls paper, 2019.12.02].

KELO Radio notes that some sort of agreement accompanies this resignation. We should find out about that agreement when the commission convenes this morning… just in time to put a little much-needed spring in Governor Noem’s step, as she can celebrate knocking off a second high-profile political rival with a hard charge against sexual harassment.

14 Comments

  1. Ogrerants 2019-12-03 10:50

    Twenty two claims of sexual assault against Trump, not credible or worth following up on. One person’s HR complaints against a Democratic rival; let’s do a victory dance when he resigns.

  2. Disgusted Dakotan 2019-12-03 12:15

    Noem used Laura Kaiser to slime Jackley for her own political purposes. She did nothing about the actual people that actually sexually harassed and retaliated against Kaiser, that was Brown County Sheriff, his now chief deputy, and his former deputy. Those people, the AG said, the federal court case found against SD for their misconduct to $1.5 Million, contained insufficient evidence to do anything about their SD law enforcement certification. 🤔 The AG’s office basically flipped the bird to the judge and said they disagreed with the judge’s ruling that the AG, and the police acting on their behalf, didn’t do anything wrong. How is denying Laura Kaiser an impartial review of those law enforcement officials’ misconduct not considered more retaliation?

  3. Cory Allen Heidelberger Post author | 2019-12-03 12:55

    Good questions, Disgusted. McGowan’s alleged behavior is cause for concern; the demonstrated behavior of Brown County law enforcement is greater cause for concern. Noem appears to be interested in such issues only to the extent that they help her political agenda.

    Of course, even if Noem is operating with politically selective sensitivity to sexual harassment, we can’t complain about the specific instances in themselves. Noem was right: Jackley did not take proper action to protect Special Agent Zylstra Kaiser from retaliation for reporting sexual harassment, and McGowan appears to have behaved toward at least one female subordinate in an unacceptable way.

  4. bearcreekbat 2019-12-03 13:20

    A $35,000 exit payoff certainly suggests that the departure was in no way a voluntary decision by McGowen. His “explanation” that adverse publicity hurt his family rings a bit shallow.

    It seems much more likely that the bad publicity (generated by Noem’s actions) hurt his standing with the County Commissioners. Thus, it also seems more likely that they, in turn, communicated their intent to undermine his position unless he resigned (whether or not any adverse action was factually merited or merely a political response induced by Noem’s attack).

  5. Cory Allen Heidelberger Post author | 2019-12-03 19:29

    If the county had grounds to seek his removal, why pay him off?

  6. bearcreekbat 2019-12-03 20:00

    I question whether the County Commissioners have the power to remove an elected States Attorney. But they could make his life miserable, for example by refusing to fund the necessary support staff.

  7. Debbo 2019-12-03 23:37

    The apparent selective enforcement/political retribution by Klueless Kristi and Ravsbutt adds more rotten odor to the SDGOP stink.

  8. Steve Pearson 2019-12-04 11:16

    Instead of siding with him because he’s Democrat maybe look into McGowan and his history. All the way back to the Univ of South Dakota you’ll find his behavior questionable to be nice.

  9. Donald Pay 2019-12-04 11:34

    Steve, I think you are building a straw man not based on fact. I don’t recall anyone sided with him, and certainly not because he is a Democrat. I recall people here writing that his behavior was concerning. We suggested he needed to deal with his substance abuse problem, which it appears he was doing when he took time off. I recall also writing that his behavior with respect to his female employees was concerning. Wasn’t it the AG who didn’t recommend he be removed? The AG is a Republican.

  10. Cory Allen Heidelberger Post author | 2019-12-05 20:22

    No doubt, Donald. Steve, what have I said on this matter that constitutes “siding” with McGowan for any reason, political or otherwise? Take off your ideological blinkers and read what I actually write for once.

  11. Cory Allen Heidelberger Post author | 2019-12-05 20:27

    Good point, Bear. I’m not sure I can find a statute that allows the county commission to overturn the vote its residents cast for another county official.

  12. josh moore 2019-12-28 16:37

    I don’t think Ms. Noem views Aaron as a political rival. I think if it wasnt for our Attorney General (who is a rival) sticking up for McOrge she would have removed him from office. Crystal Johnson isn’t real smart. Aaron’s misconducting is the tip of the iceberg. The lawyers in the States Attorney are ignorant of basic legal concepts. 70% conviction rate is terrible. We need a States Attorney who doesn’t violates defendants civil rights. Julie Hofer is another huge problem. It sure looks like they openly horse/slave trade. Tough is fine. Unfair and crooked isn’t. The decisions the PA and SAs office is based on laziness and personal vendettas. Mr McOrge should be disbarred. But of course his pop owns a 7 story building downtown so that will never happen

    JM

  13. josh moore 2019-12-28 16:40

    Kristi isn’t all bad. McGowan’s resignation had nothing to do with politics. Aaron lacks electable traits. Kristi will be looking at a national role when she’s done. I think Ms Norm has some bad politics but I don’t think she’s as bad as McGowan

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