SIOUX FALLS, S.D. (AP) - A judge has ruled that the city of Sioux Falls has no obligation to share with the public details of a $1 million settlement over faulty siding at the Denny Sanford Premier Center.
The city last September announced the settlement with contractors over the bulging panels on the new $117 million facility, but didn’t provide details, citing in part a confidentiality agreement.
That led to criticism from open government advocates, and Argus Leader Media (https://argusne.ws/1sABMP9 ) late last year sued the city for access to documents related to the settlement.
Second Circuit Court Judge John Pekas late last week sided with the city.
“The settlement is a document declared confidential by contract and is not open to public inspection,” Pekas said in his ruling.
City Attorney Dave Pfeifle said the city strives to be “as transparent as possible” but that local governments have the right to enter into confidential settlements to resolve disputes.
“The resolution of the metal siding issue saved the taxpayers considerable time and expense from continuing to litigate the matter,” he said.
Argus Leader Media President Bill Albrecht said he is disappointed with the decision and hasn’t ruled out an appeal.
“We believe the public has the right to know what caused this million-dollar transaction,” he said. “It is a million dollars. Regardless if it is money spent by the city government, or money received by the city government, it is the public’s money and (the) public needs - and has the right to know - the details.”
South Dakota Newspaper Association President Jeremy Waltner said he thinks the city should release the information even if it has the legal right to keep it secret.
“They should not hide behind this because all it’s doing is raising more questions,” he said.
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Information from: Argus Leader, https://www.argusleader.com
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