STATE OF SOUTH DAKOTA)

)
COUNTY OF MINNEHAHA )

IN CIRCUIT COURT
SECOND JUDICIAL CIRCUIT
CIV. 15-

ARGUS LEADER MEDIA,

DBA ARGUS LEADER,
Plaintiff,
vs.

COMPLAINT

LORIE HOGSTAD, in her official capacity as

Sioux Falls City Clerk, TRACY TURBAK, in his
official capacity as Sioux Falls Finance Officer,
and CITY OF SIOUX FALLS,
Defendants.
Plaintiff, Argus Leader Media, dba Argus Leader, by and through its attorney, Jon E.
Arneson, for its Complaint against Defendants, Lorie Hogstad, in her official capacity as Sioux
Falls City Clerk, Tracy Turbak, in his official capacity as Sioux Falls Finance Officer, and the
City of Sioux Falls, states and alleges as following:
Introduction
This action is brought under SDCL Chapter 27-1 Public Records and Files, provisions
SDCL 1-27-35 through 1-27-42. Specifically, SDCL 1-27-38 provides for the
commencement of a civil action [i]f a public record officer denies a written request [for a public
record] in whole or in part.
1. On September 19, 2015, the City of Sioux Falls published on its official website a
news item [http://www.siouxfalls.org/news/2015/September/18/settlement-reached.aspx]
entitled Settlement Reached Regarding Events Center Exterior Metal Siding. A copy of the
publication is attached as Exhibit 1.
2. On October 9, 2015, Joe Sneve, an Argus Leader reporter, in an e-mail sent to David

Pfeifle, City Attorney for Sioux Falls, formally requested [a] copy of the recently agreed upon
settlement between the City of Sioux Falls and the contractors involved with the construction of
the T. Denny Sanford PREMIER Center, hereinafter referred to as the settlement stipulation.
A copy of Sneves request for a copy of the settlement stipulation is attached as Exhibit 2.
3. On October 20, 2015, Pfeifle sent Sneve an e-mail to which he attached a letter dated
October 21, 2015, that served as a denial of [Argus Leaders] request under SDCL 1-27-37(1)
(b). A copy of Pfeifles letter is attached as Exhibit 3.
3. Pfeifle, in his letter, based the City of Sioux Falls official denial of the Argus Leaders
request on SDCL 1-27-1.5(2), contending that [t]his instance is governed by SDCL 1-271.5(20) which states that documents declared closed or confidential by contract or stipulation of
the parties are not subject to disclosure under the public records laws.
4. SDCL 1-27-1.5 specifies the records that are not subject to 1-27-1, 1-27-1.1, and 127-1.3, including SDCL 1-27-1.5(20), which provides: Any document declared closed or
confidential by court order, contract or stipulation of the parties to any civil or criminal action
or proceeding. [Emphasis added.]
5. In its news item, above, the City of Sioux Falls noted that the Citys questioning of the
aesthetics of the PREMIER Center siding triggered contract provisions allowing the parties to
engage in an informal resolution process.
6. The Citys website news item went on to imply that the settlement stipulation in issue
was the result of the informal resolution process.
7. To the best of Plaintiffs knowledge, the City of Sioux Falls did not serve or file any
formal legal action against any of the parties to the settlement stipulation.
8. In addition to any other legal remedies a person whose public records request has been
denied might have, such a person is expressly given an option under SDCL 1-27-38 to
-2-

commence a civil actionor, in the alternative, file a written notice of review with the Office of
Hearing Examiners.
9. The Office of Hearing Examiners, PRR 12-09 has already decided the issue involved
in this case, the scope of SDCL 1-27-1.5(20) . A copy of the OHE decision is attached as Exhibit
4.
10. In an October 31, 2015, letter to Pfeifle, Argus Leaders attorney, Jon E. Arneson,
advised him of the OHE decision and subsequent appeal to the Third Judicial Circuit Court, Civ.
13-126, Huron School District 2-2 vs. Seth Tupper, Editor of The Daily Republic. A copy of
Arnesons letter is attached as Exhibit 5. Judge Jon R. Ericksons written decision in that appeal
is attached as Exhibit 6.
11. Pfeifle, in an e-mail response on November 19, 2015, wrote: Thank you for you
letter.After careful consideration, we respectfully decline your request to reconsider the denial
of your clients record request for the Confidential Settlement Agreement concerning [PREMIER
Center siding issue].
Wherefore, Plaintiff demands judgment against the Defendant ordering Defendant to
provide to Plaintiff a copy of the PREMIER Center settlement stipulation. Plaintiff further
requests that the Court to award Plaintiff costs disbursements and a civil penalty under SDCL 127-40.2 in the amount of $50 per day for each day that delivery of these records was
unreasonably delayed through the fault of the City of Sioux Falls.
Dated this 1st day of December, 2015.

JON E. ARNESON
123 South Main Avenue, Ste. 202
Sioux Falls, South Dakota 57104
Telephone: (605) 335-0083
Attorney for Plaintiff
-3-

CERTIFICATE OF SERVICE
Plaintiffs attorney, Jon E. Arneson, hereby certifies that he served a true and correct copy
of the foregoing document by mailing the same by first class mail, postage prepaid, to David A.
Pfeifle, Sioux Falls City Attorney, 100 S. Dakota Ave., Ste. 200, Sioux Falls, SD 57104, this 1st
day of December, 2015.

JON E. ARNESON

-4-