STURGIS, S.D. – A pair of Sturgis residents who had planned to turn in a petition regarding the city’s decision to search for a new city manager following the resignation of Daniel Ainslie has instead decided to try and seek relief in court.
Eric Davis, who is a practicing attorney in Sturgis, and Eric Johnson; say they have applied to the South Dakota Supreme Court for an order declaring the city’s actions premature until the court decides whether a December 2021 petition was valid.
The 2021 petition was turned in by a group of citizens calling for an election on whether or not the city manager form of government in Sturgis should remain.
A judge in April of 2022 ruled the petition was invalid, and the South Dakota Supreme Court is expected to hear the case this spring.
Davis and Johnson who also host a local podcast called ‘The Kitchen Table,’ say their application for relief also alleges the city’s proposed ‘interim management team’ is not authorized and void under state law.
Eric Davis told KBHB News that they decided not to turn in their petition for fear it could further compound this issue and create more problems.
He stated “it is my opinion that both Resolution 2023-20 and the resolution appointing the interim management team are illegal. It is not the job of the citizens of Sturgis to refer illegal laws to a vote; it is the job of the judiciary to invalidate illegal laws upon proper application. That is why we ultimately decided not to file the petitions and to instead seek relief in court.”
Meanwhile, because the group did not turn in their most recent petition, the Sturgis City Council Resolution 2023-20 becomes effective today, March 21, 2023.
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The resolution authorizes the Sturgis Administrative Services Director to recruit the next Sturgis city manager.
Had the petition been filed with the City Finance Office, the finance officer would have had to verify the signatures on the petition and if valid, submit the referendum at the next municipal election or general election.
The Finance Officer at the direction of the Sturgis City Council also could have scheduled a special election.
