An October legislative meeting proved to be frustrating for lawmakers. For reporters, it offered the sweet taste of vindication.
At issue during the meeting of the Legislatures Government Operations and Audit Committee was the refusal of Department of Revenue Secretary Michael Houdyshell to discuss in public or behind closed doors changes made in his department after two former employees were indicted in a fake vehicle-titling scheme. Houdyshells appearance was also sparked by the revelation that another former employee since deceased created 13 fake vehicle titles to secure bank loans that she did not repay.
Houdyshell cited ongoing criminal cases and the prospect of civil lawsuits from defrauded banks as reasons for his refusal to give lawmakers the information they sought. Lawmakers were so frustrated that they voted to subpoena Houdyshell and Rosa Yeager, director of the Revenue Departments Motor Vehicle Division, to compel them to testify before the committee.
Sen. David Wheeler, a Republican from Huron, characterized Houdyshells refusal to discuss his departments new internal control measures as part of a pattern displayed by the executive branch.
We need some sort of resolution to this because this is the answer we always get, Wheeler said in a South Dakota Searchlight story. Its occurred in the past when weve had controversial matters before this committee. Officials say theres pending litigation, theres a threat of litigation, therefore theres no response.
Its hard to read Wheelers statement and not feel a certain amount of vindication for every reporter in the state who has been stonewalled by the Noem administration.
Now lawmakers are getting a taste of what its like to deal with an administration that values secrecy over transparency and prefers no comment or silence to offering citizens a full accounting for their actions.
This space has been used often to chronicle the Noem administrations shortcomings when it comes to transparency.
Some are familiar: her directive that reporters must bypass longtime government sources and submit their questions in writing to department information officers; her refusal to explain how the winning bidder in the Freedom Works Here workforce development commercials ended up using the ideas submitted by another bidder; her refusal to release transcripts of calls to the whistleblower hotline designed to collect complaints about the states universities; and her decision to skip the traditional weekly governors news conference during the legislative session.
Its no wonder she avoids the legislative news conferences.
During the only one she held this year, answering a question from a South Dakota Searchlight reporter, she admitted that Texas was not going to reimburse the state for its million-dollar National Guard deployments to the southern border. Certainly thats something that the states taxpayers would prefer to know prior to a deployment rather than after its completed.
While those transparency transgressions read like a greatest hits compilation, theres a new one climbing the charts. To this point, Noem has no response to a petition drive designed to get her to reconsider turning down $69 million in federal funds for home energy-efficiency rebates. There has to be a reason why she wont let South Dakotans use the funds they paid for with their own tax dollars.
In response to recent indictments, Attorney General Marty Jackley has pledged to offer anti-corruption legislation. Heres hoping he manages to slip in a few features that will increase transparency in state government.
If he doesnt, or he cant, journalists in this state, lacking subpoena power, will just have to hold on for two more years and hope that the next governor has a better understanding of the need for openness and transparency in state government.
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