Governor Kristi Noem is back to issuing executive orders that do nothing substantive but put an exclamation on her political posturing. Yesterday Noem signed Executive Order 2023-12, which further bloats state contracts with another clause, this one requiring contractors to state that they are following the state constitution with respect to conflicts of interest for legislators:
…each state agency, authority, bureau, board, commission, department, or institution of the State of South Dakota that is controlled by the Governor [shall] incorporate an acknowledgement and certification into any contract for the signor to acknowledge that it understands Article 3, Section 12, has had the opportunity to seek independent legal advice if desired, and certifies that such contract is not made in contravention of the prohibition set forth in Article 3, Section 12 of the South Dakota Constitution [Governor Kristi Noem, Executive Order 2023-13, 2023.08.11].
Noem has already heaped verbiage onto state contracts in which vendors swear they aren’t doing business with China, Russia, or SPECTRE or holding Israel accountable for human rights abuses or declining to float loans to gun profiteers. But at least those swearings (evil empires: EO 2023-02; Israel: EO 2020-01; guns: EO 2023-04) place new, distinct requirements on contractors and provide new actionable grounds for termination. State contracts, like the $2.9-million contract issued to Tennessee-based Designsensory Inc. to cook up Kristi’s “Hi, I’m a bad plumber!” ad campaign, already contain a clause stating, “This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota.” That clause already makes clear that if a legislator has a direct or indirect interest in the contract, the contract is invalid. That’s the provision of Article 3 Section 12 that Senator Jessica Castleberry and a whole bunch of other legislators have apparently violated. Whether the contractor understands or is even aware of Article 3 Section 12, never mind has considered talking to a lawyer about it, weighs not one bit on the enforceability of Article 3 Section 12 or the ability of the Governor to blister one’s backside publicly for violating it.
Noem’s new contract language on Article 3 Section 12 is perhaps a nice reminder to 35 Senators and 70 Representatives not to cash in on state contracts for a couple years, but it adds no legal force to these business agreements. Noem is simply cluttering state contracts with her mostly political (and so far, inexplicably selective) campaign to cow legislators.
The legislatures need a good reminder every now and again. I blame the Council for Research for not controlling their minions.
She likes window dressing. If legislators need to be reminded about Article 3 Section 12 maybe before the brginning of each legislative term they should attend a mandatory class put in by the AG’s office that explains what is and isn’t allowed.
Or maybe just make the legislators sign a list of what they’re not allowed to do, along with a severe consequence for violating the no-no promise. … I bet they take an oath on it already… but, ya know. ..KN loves loosening the belt on her over-beast state government. It’s about to need a mumu.
For all our sakes, the governor needs to get a hobby. When KN’s hands are idle, she tends to make little shi+ sculptures. She’s most proud of the ones that look like us.
These legislators were fully aware of the laws they broke and are trying to “weasel” out of obedience to the laws with the help of a governor who herself has stretched and kicked down the guardrails of conscientious governing just like her idol-the ex-president!
she now is attempting to put the yoke of responsibly following the law onto the shoulders of business owners, etc.
For shame, guv!
Executive orders have no business in a democracy and should be null and void.
No kings or queens here.
The NDS runs deep here.
Rhoden laughing. Rhoden laughing.
Kind of like the Nesiba Derangement Syndrome you have, Grud?
Mike Zitterich and runs-with-fire you are both way off base with your pontificating here. Cory is writing about Noem’s executive order which cites Article 3 Section 12 of the South Dakota Constitution. Section 3 of the 14th Amendment to the US Constitution has nothing to do with Noem’s order or Cory’s analysis of that order. Please at least try to stay on topic.
[I have deleted the grossly off-topic comments to which Nick refers but leave his comment here as a proper scolding of the offending commenters. Stay on topic. —CAH]
These legislators were aware of the standards they were expected to uphold, were they not? What happened to “IGNORANCE OF THE LAW IS NO EXCUSE”!
So, now Noem blames businesses and contractors for the sins committed by these legislators! Only in SD under GOP governance!
Will NOem be an unindicted co conspirator? Our congressional crooks should be as they voted not to impeach trump in the first place. The blame stank surely falls on their shoulders for being so pro Putin and anti American. How could they do that to this great country? How much money did they get for their betrayal?
The Devil went down to Georgia, lookin for some souls to steal.