STURGIS, S.D. – Sturgis City Attorney Mark Marshall says a city employee seen placing an election sign for a council candidate was not on the clock at the time of the incident and was within the bounds of city policy.
The Sturgis City Council received the updated report on the matter at their Monday night meeting.
Ward 3 Council Candidate Sean Natchke filed the complaint against Dave Smith, who placed the sign for one of Natchke’s opponents in the municipal election.
Natchke had told the city he felt it was an unfair advantage to other candidates and was “ethically wrong.”
In his findings, Marshall says Mr. Smith had permission from the property owner, was not driving a city vehicle and did not have his city I.D. badge on when he placed the sign.
However, city officials are also looking into whether or not Smith may have violated state law for gathering signatures for a city council candidate.
Smith gathered signatures to help Ward 3 candidate Preston Williams get on the ballot for the city’s April 12 municipal election.
Marshall says state law limits a city attorney’s prosecutorial authority to violations of city ordinances. But, he said the city may consider conduct in violation of state law as a basis for employee disciplinary action.
Mr. Natchke had asked for the signatures Smith obtained for candidate Williams to be thrown out, but city officials says his challenge was filed after the deadline to challenge them.
