Baumeister Reports on McGowan’s Departure

From our Sioux Falls correspondent, some straight reporting on the big change at the Minnehaha County State’s Attorney’s Office:

SIOUX FALLS – In a special media briefing on Tuesday, Dec. 3, Minnehaha County Commission Chair Jean Bender talked to reporters about the resignation of State’s Attorney Aaron McGowan, which commissioners unanimously accepted earlier.

Although Bender wouldn’t comment on specifics, documents show that McGowan’s resignation was a “negotiated” one, resulting in a payment to him of $35,000.

Neither would Bender talk about the reason for the payment, other than to say it was the result of “negotiations.”

“I think the (resignation) document speaks for itself,” she said in answer to a question about McGowan not resigning without that severance.

With that being said, it would seem if McGowan’s resignation wasn’t originally his idea, it would seem, at the very least, he dictated some of the terms before he would resign.

Although some media sources referred to the verbiage in the resignation agreement as McGowan receiving the $35,000 payment in exchange for forfeiting the right to sue the county, the litigation clause appears to be normal legal wording.

As an elected official, the state’s attorney cannot easily be removed from office without good reason.

And in October, South Dakota Attorney General Jason Ravnsborg, investigating at the request of Gov. Kristi Noem, determined that those reason did not exist.

However, one source said the insurance company for Minnehaha County had been conducting its own investigation, and the conclusion to negotiate McGowan’s departure may have tied in with the results of their findings.

“We carefully considered the options, and that ($35,000) was the amount we were able to come to an agreement on that would allow the county to move forward.” Bender said, as she explained that this decision was in the best interest of taxpayers and the staff of the state’s attorney’s office.

In his letter of resignation, McGowan cited multiple health reasons, as well as attacks by some in the “print media,” which would seem to be pointed at the Sioux Falls Argus Leader.

In Septermber, it was first reported that McGowan had not been at work since July, and through the investigation by the attorney general, it was stated that McGowan had people in his office bring alcohol to his home, among other matters of questionable judgement.

While McGowan’s official resignation date is Dec. 6, Bender said they are looking at getting a temporary replacement appointed in the next two weeks, although, officially, the position of Minnehaha county State’s Attorney won’t be filled until after the November 2020 election.

On Wednesday morning, Judge Robin Houwman appointed Crystal Johnson, to replace McGowan until the county can appoint someone to serve the remainder of the term through 2020. Johnson worked as a prosecutor in the Minnehaha County state’s attorney’s office from 2005 to 2015. She then served as a magistrate judge for three years before returning to the state’s attorney’s office, where she is currently the senior trial attorney.