Ethics board dismisses Noem plane case, says law is unclear

DECEMBER 20, 2022:

SIOUX FALLS, S.D. (AP) — South Dakota’s ethics board has dismissed a complaint against Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.” The three retired judges on the Government Accountability Board evaluating the complaint met after they received the results of a Division of Criminal Investigation probe into trips the Republican governor took in 2019. They then unanimously voted to dismiss the complaint. But former Judge David Gienapp, one of the board members, says “there may or may not have been actions contrary” to the state law that bars government aircraft from being used only while conducting “state business.” But state law does not define what state business is.

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SIOUX FALLS, S.D. (AP) — South Dakota’s ethics board on Tuesday (Dec. 20, 2022) dismissed a complaint against Gov. Kristi Noem for using state government aircraft to attend events hosted by political organizations because state law does not define what is meant by “state business.”

The three retired judges on the Government Accountability Board evaluating the complaint met for roughly 30 minutes in a closed-door meeting after they received the results of a Division of Criminal Investigation probe into trips the Republican governor took in 2019. They then unanimously voted to dismiss the complaint.

Former Judge David Gienapp, one of the board members, said “there may or may not have been actions contrary” to the state law that bars government aircraft from being used only while conducting “state business,” but the law doesn’t contain a definition of what that is.

“It is not felt that the board has authority to establish a definition of state business,” he added and suggested that was the purview of the Legislature.

Noem, a potential 2024 White House contender, had used the state plane six times in 2019 to fly to out-of-state events hosted by political organizations, including the Republican Governors Association, Republican Jewish Coalition, Turning Point USA and the National Rifle Association. Raw Story, an online news site, first reported the trips, which the governor’s office defended as part of her work as the state’s “ambassador” to bolster the state’s economy.

Noem that year had also blurred the lines between official travel and attending family events. Family members joined her on several trips, but her office has said that was keeping in line with a precedent set by former governors.

Noem’s office did not immediately respond to a request for comment on the board’s ruling Tuesday, but her office has previously derided the complaints as nothing more than an attempt at political retribution.

Former Attorney General Jason Ravnsborg, a Republican, had filed the complaint on the plane to the state’s Government Accountability Board as he faced pressure from the governor to resign over his conduct surrounding a 2020 fatal car crash. He was impeached and removed from office in June, but continued to pursue the allegations as a private citizen.

The board in August 2022 had requested the state’s Division of Criminal Investigation to probe the governor’s trips.

Hughes County State’s Attorney Jessica LaMie, who oversaw the investigation, announced in October that they found “no basis” to pursue charges on the allegations that Noem had misused the state plane or that the plane’s flight records had been altered.

The law regarding state plane use was passed as a ballot measure in 2006 in response to scrutiny of plane travel by then-Gov. Mike Rounds, who attended events such as his son’s away basketball games while on trips for other official business. At the time, Rounds, now a U.S. senator, used political funds to reimburse the state for those trips, as well as travel to political events.

OCTOBER 25, 2022:

Hughes County State’s Attorney Jessica LaMie says the state Division of Criminal Investigation has ended its inquiry into complaints that South Dakota Governor Kristi Noem had misused the state airplane and that the plane’s flight records had been tampered with.

LaMie and the DCI concluded that there were no facts to support a criminal prosecution under current law for the use of the airplane and that the allegation regarding flight records was frivolous.

LaMie says, “There is no basis to pursue these matters further.”

The original complaints were filed with the South Dakota Government Accountability Board. The board referred them to Attorney General Mark Vargo on Sept. 9, 2022, asking that the DCI investigate. Vargo recused himself and the Attorney General’s Office and asked LaMie to oversee the inquiry and make any charging decisions. Monday (Oct. 24, 2022), LaMie informed the Government Accountability Board that she had concluded her inquiry and referred the matter back to the board.

LaMie says she has no additional comment and referred any additional questions to the Government Accountability Board or the Attorney General’s Office.

SEPTEMBER 25, 2022:

SIOUX FALLS, S.D. (AP) — South Dakota Gov. Kristi Noem is under investigation for using a state-owned airplane to fly to political events and bring family members with her on trips. But the decision on whether to prosecute the Republican governor likely hinges on how a county prosecutor interprets an untested law that was passed by voters in 2006. State law allows the aircraft only to be used “in the conduct of state business.” But Noem attended events hosted by political organizations. State plane logs also show that Noem often had family members join her on in-state flights in 2019. It blurred the lines between official travel and attending family events, including her son’s prom and her daughter’s wedding.

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SIOUX FALLS, S.D. (AP) — South Dakota Gov. Kristi Noem was returning from an official appearance in Rapid City in 2019 when she faced a decision: Overnight in the capital of Pierre, where another trip would start the next day, or head home and see her son attend his high school prom?

The Republican governor chose the latter, a decision that eventually cost taxpayers some $3,700 when the state airplane dropped her off near her home and then returned the next day to pick her up.

It’s one of several trips that year where Noem, a potential 2024 White House contender, blurred the lines between official travel and attending either family or political events. The trips sparked a complaint to the state ethics board, which has referred the matter to the state’s Division of Criminal Investigation. A county prosecutor overseeing the investigation will decide whether the governor broke an untested law enacted by voters in 2006 to rein in questionable use of the state airplane.

The governor has also faced action by the same ethics board for intervening in a state agency shortly after it moved to deny her daughter a real estate appraiser’s license.

As Noem’s political star rose in 2020, she began using private jets to fly to fundraisers, campaign events and conservative gatherings.

But before that, in the first year of her term in 2019, Noem used the state plane six times to fly to out-of-state events hosted by political organizations including the Republican Governors Association, Republican Jewish Coalition, Turning Point USA and the National Rifle Association. Raw Story, an online news site, first reported the trips, which the governor’s office defended as part of her work as the state’s “ambassador” to bolster the state’s economy and intergovernmental relationships.

State plane logs also show that Noem had family members join her on in-state flights in 2019.

The 2006 ballot measure was a response to scrutiny of plane travel by then-Gov. Mike Rounds, who attended events such as his son’s away basketball games while on trips for other official business. At the time, Rounds, now a U.S. senator, used political funds to reimburse the state for those trips, as well as travel to political events.

State Sen. Reynold Nesiba, a Democrat who proposed the ballot measure before he became a lawmaker, said voters were clear in their intent.

“When it’s been used for family members, this seems like a clear violation of not only the letter but the spirit of the law that was passed overwhelmingly,” he said.

Noem campaign spokesman Ian Fury said it was “fully within precedent” for family members to join governors on flights, adding that the “level of nitpickiness is ridiculous because she is doing this sort of thing less than Dennis Daugaard,” referring to Noem’s Republican predecessor.

State plane logs from Daugaard’s last term show wife, Linda, often joined trips. Daugaard’s sister and daughter also joined one trip each in 2017 and 2016 respectively. Noem’s children — not counting daughter Kennedy Noem, on the governor’s staff as a policy analyst — joined nine plane trips during her first term.

On another trip, Noem’s itinerary allowed her to return home for her son’s prom. On April 5, 2019, she rode the state plane from Watertown, near her home in Castlewood, to Rapid City for an announcement on Ellsworth Air Force Base. On the return flight, the plane stopped in the capital city of Pierre to drop off Rounds, who had joined her for the trip, and several aides. But even though she had another trip from Pierre to Las Vegas for a Republican Jewish Coalition event planned the next day, Noem didn’t stay in the governor’s mansion there.

She flew to Watertown, near her home, in time to watch her son take the stage at his prom, according to Noem’s social media posts. The state plane, meanwhile, returned to Pierre, only to make the trip back to Watertown for the governor the next day.

Fury defended the trips because her travel started in Watertown, near where she had spoken at an event for her son’s school district the day before.

“Part of official travel is returning from official travel,” Fury said.

He used a similar defense for a May 30, 2019 trip that started in Custer, where she was staying to help her daughter prepare for her wedding, and traveled around the state to speak at two youth leadership events. Noem’s son, nephew and one of their friends who were attending one of those events, in Aberdeen, rode back on the state plane to join the wedding preparations.

Fury said adding her son and his friends to the flight didn’t cost the state any extra money and was part of her official travel.

Richard Briffault, a professor at Columbia Law School who specializes in government ethics, said Noem’s travel to political events seemed to fall into a legal gray area. While a trip to fundraise or campaign would clearly break the law, he said, traveling to meet with political groups was “pushing the limit.”

Across the country, Democratic and Republican governors alike have come under scrutiny for their use of state aircraft. New York, Kentucky, Minnesota and Montana allow governors to do some politicking with state-owned aircraft but place some restrictions and require reimbursements for political use. New York also allows immediate family members to travel with the governor.

Hughes County State’s Attorney Jessica LaMie, who was appointed to examine whether Noem broke the law, promised a “thorough” investigation.

“If you take the title and all of that out of it, it’s no different than any other investigation,” she said.

Neil Fulton, the dean of the University of South Dakota Law School who also served as Rounds’ chief of staff after the 2006 law was enacted, said it’s not perfectly clear what exactly the law means by “state business.” He said other jurisdictions usually define state business as “actions to advance programs or initiatives of the state.”

The law imposes steep fines: $1,000 plus 10 times the cost of the travel. Violators also face a Class 2 misdemeanor, which carries a maximum of a 30-day jail sentence, but that is usually only reserved for repeat or violent offenders.

“We weren’t hoping to convict anyone of anything,” Nesiba, the state lawmaker, said. “We were hoping to make a deterrent.”

SEPTEMBER 21, 2022:

SIOUX FALLS, S.D. (AP) — South Dakota Gov. Kristi Noem is facing a lawsuit after her office refused to release expense records on five out-of-state trips this year to a liberal watchdog group. American Oversight is an organization that files open records requests and litigation against Republican officials. It filed a lawsuit Tuesday (Sept. 20, 2022) against Noem. She is in the midst of a reelection campaign and eyeing a bid for the GOP’s 2024 presidential ticket. American Oversight alleges that the governor’s office did not follow the state’s open records law by claiming that releasing the records would create a threat to the governor’s safety. In May, the organization had requested expense records, including lodging and travel, for Noem’s 2022 trips.

SEPTEMBER 20, 2022:

SIOUX FALLS, S.D. (AP) — A South Dakota ethics board is keeping it a secret what action it took after finding there was evidence Gov. Kristi Noem improperly intervened in her daughter’s application for a real estate appraiser license. A lawyer hired by the board, Mark Haigh, says that the “appropriate action” the board determined in the complaint will remain “confidential.” The board appeared to let Noem decide whether to defend herself in a public hearing, known as a contested case hearing, or simply accept the “appropriate action” and let the matter quietly die. Government ethics experts say the lack of transparency undermines public trust in the board.

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SIOUX FALLS, S.D. (AP) — South Dakota’s ethics board won’t publicly disclose the “appropriate action” it took after finding evidence Gov. Kristi Noem intervened with a state agency to influence her daughter’s application for a real estate appraiser license, a lawyer for the board told The Associated Press.

The state’s Government Accountability Board was created to provide a check on any misconduct by state officials, and the question of whether to discipline the Republican governor presented its first major test.

A lawyer hired by the board, Mark Haigh, responded to an open records request by telling the AP this week that the board’s response would remain “confidential.”

The board’s three retired judges considering the complaint voted unanimously last month to find that there was evidence that Noem, who is considered a potential 2024 White House contender, engaged in a conflict of interest and malfeasance when she held a meeting in July 2020 that included her daughter, Kassidy Peters, and key decision-makers in Peters’ licensure just days after the agency had moved to deny her a license. After the meeting, Peters got another opportunity to demonstrate she could meet federal standards and was ultimately awarded the license.

But the board appeared to let Noem decide whether to defend herself in a public hearing, known as a contested case hearing, or simply accept the “appropriate action” and let the matter quietly die. As a deadline passed last week to contest the board’s finding, Noem stayed silent, and the board’s lawyer says the case remains closed.

“This all looks like, frankly, an ethics board trying to engage in a cover-up,” said Kathleen Clark, a law professor who specializes in government ethics at the Washington University in St. Louis School of Law.

After reviewing the board’s statutes, Clark pointed out that South Dakota law says the board “shall” conduct a contested case hearing if the board members vote that there is enough evidence to believe an official engaged in misconduct. That vote then triggers a statute that makes the board’s files open to the public.

“This appears to be an end-run around the required transparency and disclosure,” Clark added.

Board members either did not respond to a request for comment on their action or declined to comment on Tuesday. The board’s attorney has previously said it “fully complied” with all the requirements of the law.

The board, which deliberated over the complaints for nearly a year in a series of closed-door meetings, has never handled such a high-profile case since its inception in 2017. It has navigated untested laws that could not anticipate the context around the complaint: Jason Ravnsborg, who was facing pressure from Noem to resign as attorney general for his conduct in a fatal car crash, announced he was filing the complaint to the board shortly after the AP reported on Noem’s hands-on role in her daughter’s licensure.

The South Dakota Legislature’s audit committee, controlled by Republicans, also unanimously approved a report in May that found Noem’s daughter got preferential treatment.

Board members have previously said the laws governing it are not clearly laid out.

Karen Soli, a former Democratic state lawmaker who helped create the board, suggested that the board is supposed to have some discretion, describing it as “a quiet, behind-the-scenes way to let someone know that they were doing something wrong in state government.”

The board is allowed under the law to issue a private reprimand. But the statute says it may take that action at the conclusion of a contested case hearing and after it has determined, by a majority vote, that there has been misconduct.

John Pelissero, a scholar at the Markkula Center for Applied Ethics at Santa Clara University, said it was best practice for ethics boards “to be as transparent as possible” once they take action.

Across states and local governments, ethics boards follow a variety of procedures, he said, but added: “Most announce the final actions to the public.”

SEPTEMBER 16, 2022:

SIOUX FALLS, S.D. (AP) — South Dakota Gov. Kristi Noem faced a Friday (Sept. 16, 2022) deadline to appeal a state ethics board’s finding that there was evidence she improperly intervened in her daughter’s application for a real estate appraiser license.

The Government Accountability Board voted unanimously last month that there was enough evidence to believe the Republican governor had committed malfeasance and engaged in a conflict of interest.

Noem has maintained she did nothing wrong, but so far the process has been conducted in private. Neither her office nor her reelection campaign answered questions Friday on whether she would proceed to a contested case hearing that would give her a chance to make her case publicly.

The board took unspecified “action” against the governor, and board member Gene Kean said last month that Friday would be the deadline for Noem to respond.

If there is no public hearing, it’s not clear whether the board will release details of the action it took. The board closed the complaint last month but suggested it could be reopened.

A lawyer who has represented the governor before the board also did not respond to questions.

The Associated Press first reported that shortly after a state agency moved in July 2020 to deny Noem’s daughter, Kassidy Peters, an appraiser license, the governor held a meeting with Peters and key decision-makers in her licensure. Days after the meeting, Peters signed an agreement that gave her another opportunity to meet the licensing requirements. The South Dakota Legislature’s audit committee, controlled by Republicans, unanimously approved a report in May that found Noem’s daughter got preferential treatment.

Noem previously requested the ethics complaint be dismissed without a hearing by arguing that the person who brought it, former Republican Attorney General Jason Ravnsborg, was out for revenge after she successfully pushed for his impeachment and removal from office for his conduct in a 2020 fatal car crash.

In that April motion to the board, Noem’s attorneys also said she could counter the accusations against her. Her campaign spokesman, Ian Fury, on Friday referred a reporter to an August statement that branded the board’s action as “illegal.”

But declining to fight the evidence in a contested case hearing would all the board’s “action” against her while potentially avoiding further public scrutiny.

The Government Accountability Board, which has never handled such a high-profile case since its inception in 2017, has not publicly said what action it has taken. It has deliberated over the complaints for nearly a year in a series of closed-door meetings, navigating untested laws.

Board member David Gienapp, at the board’s August meeting, verbally moved to invoke a statute — SDCL 3-24-7 — that states the board “shall” hold a contested case hearing “to afford the accused person the opportunity to respond to the allegation.” But the board’s draft minutes, posted two days later, make no mention of that statute. Instead, the draft minutes state that the board acted to “make an initial determination” that the complaint “alleges facts” that the governor engaged in misconduct.

The board’s minutes state that it took “appropriate action,” but the board has kept that action a secret so far. The board is allowed under state law to issue a private reprimand. But the statute says it may take that action at the conclusion of a contested case hearing and after it has determined, by a majority vote, that there has been misconduct.

Board members this week either declined to comment or did not return a request for comment. An attorney hired by the board, Mark Haigh, has previously said it “fully complied” with all the requirements in the laws governing it.

SEPTEMBER 9, 2022:

The state Government Accountability Board has voted to refer a complaint (Complaint No. 2021-04) involving South Dakota Gov. Kristi Noem to the Office of the Attorney General.

The investigation and any decision regarding charges will be overseen by Hughes County States Attorney Jessica LaMie.

A news release from the AG’s office says the board turned over the case without making any findings based on its statutory authority to refer any investigation, report or complaint it receives to the state Division of Criminal Investigation.

Noem appointed Attorney General Mark Vargo to his post in June, so to avoid even the appearance of impropriety, Vargo requested LaMie take the lead in overseeing DCI’s investigation.

Because the investigation is on-going, the AG’s office will not release any reports or evidence concerning the complaint until the investigation is complete.

AUGUST 25, 2022:

SIOUX FALLS, S.D. (AP) — A South Dakota ethics board’s finding that Gov. Kristi Noem may have engaged in misconduct by intervening in her daughter’s application for a real estate appraiser license isn’t likely the last word on the matter. But exactly how much more comes out on the episode may be up to the Republican governor. The state’s Government Accountability Board appears to be leaving it up to Noem whether to defend herself in a public hearing or simply accept an “appropriate action” that the board hasn’t detailed. By accepting the board’s action, Noem could avoid a public hearing. But accepting the board’s action could also have political fallout for Noem. She is positioning herself for a potential 2024 White House bid and running for reelection this year.

AUGUST 23, 2022:

SIOUX FALLS, S.D. (AP) — A South Dakota ethics board on Monday (Aug. 22, 2022) said it found sufficient information that Gov. Kristi Noem may have “engaged in misconduct” when she intervened in her daughter’s application for a real estate appraiser license, and it referred a separate complaint over her state airplane use to the state’s attorney general for investigation.

The three retired judges on the Government Accountability Board determined that “appropriate action” could be taken against Noem for her role in her daughter’s appraiser licensure, though it didn’t specify the action.

The board’s moves potentially escalate the ramifications of investigations into Noem. The Republican governor faces reelection this year and has also positioned herself as an aspirant to the White House in 2024. She is under scrutiny from the board after Jason Ravnsborg, the state’s former Republican attorney general, filed complaints that stemmed from media reports on Noem’s actions in office. She has denied any wrongdoing.

After meeting in a closed-door session for one hour Monday, the board voted unanimously to invoke procedures that allow for a contested case hearing to give Noem a chance to publicly defend herself against allegations of “misconduct” related to “conflicts of interest” and “malfeasance.” The board also dismissed Ravnsborg’s allegations that Noem misused state funds in the episode.

However, the retired judges left it unclear how they will proceed. Lori Wilbur, the board chair, said the complaint was “partially dismissed and partially closed,” but added that the complaint could be reopened. She declined to discuss what would cause the board to reopen the complaint.

The board can issue a public or private reprimand or direct an official to do community service. It can also make recommendations to the governor — though that option seems unlikely since the complaints are leveled against Noem.

The AP first reported that the governor took a hands-on role in a state agency soon after it had moved to deny her daughter’s application for an appraiser license in 2020. Noem had called a meeting with her daughter, the labor secretary and the then-director of the appraiser certification program where a plan was discussed to give the governor’s daughter, Kassidy Peters, another chance to show she could meet federal standards in her appraiser work.

The complaints are proving to be the first major test of the board, which was launched in 2017 in response to several scandals in state government. It has never taken public action against a state official.

Noem later Monday struck back at the board of retired judges. A spokesman for her campaign, Ian Fury, said that the board’s action “did not follow state law or precedent.”

“They have yet to point to one single statute the governor has violated in either of these complaints,” he said in a statement.

The retired judges also referred a complaint that Noem flew on state-owned airplanes to political events to the state attorney general’s office for further investigation. That puts the investigation under the oversight of the interim attorney general, Mark Vargo, who was appointed by Noem.

When asked whether he would recuse himself from the investigation, Vargo said in a statement: “Based on the fact that this just happened, no decision has been made.”

“We will be diligent in our duty and thoroughly investigate the complaint that the Government Accountability Board has presented to the Attorney General’s Office,” he said in an earlier statement. “The investigation, as with all other investigations, will remain confidential as does the complaint that has been presented to us. We have no other comment at this time.”

The board handled the complaints only by case number and did not refer to Noem directly in either case. Ravnsborg provided the case numbers to The Associated Press.

“Knowing what I know as the complainant, Gov. Noem should be fully investigated for her abuse of power in getting her daughter an appraiser license, and Gov. Noem should be prosecuted for her criminal use of state resources for personal gain,” he said in a statement.

The board plans to publicly release the complaint over the appraiser license for Noem after redacting some sections. It did not give a date for when that will happen.

Noem and Ravnsborg have become political enemies since he fatally struck a pedestrian in 2020. Noem pushed hard for him to be removed from office, and the state Senate convicted him on impeachment charges and removed him as attorney general. He had continued to press the complaints as a private citizen.

Fury, Noem’s spokesman, charged that Ravnsborg’s complaints “are all political and filed by a disgraced former attorney general who literally killed a man, lied about it, and tried to cover it up. Gov. Noem was the first to call him out for this, and he filed these complaints in retaliation.”

He also repeated Noem’s defense that she followed the law in handling her daughter’s licensure and that Peters received no special treatment.

Noem’s office has said the plan for Peters to get another chance was already in the works before the meeting, but the agency’s director, Sherry Bren, told a legislative committee last year that she felt “intimidated” during the meeting at the governor’s mansion where Peters’ unsuccessful application was discussed in detail. A Republican-controlled legislative committee that probed the episode concluded that Peters received special treatment.

Bren was also pressured to retire later in 2020 and eventually received a $200,000 settlement to withdraw an age discrimination complaint.

The former attorney general’s other complaint was sparked after online news website Raw Story found that Noem in 2019 used a state airplane to travel to events hosted by political organizations such as the National Rifle Association and the Republican Jewish Coalition, even though South Dakota law bars state airplanes from being used for anything other than state business.

Noem has said she was traveling to the events as an ambassador for the state.

AUGUST 3, 2022:

SIOUX FALLS, S.D. (AP) — A South Dakota government ethics board on Wednesday (Aug. 3, 2022) pressed forward in its investigation of two complaints against Gov. Kristi Noem. It resisted an effort from the Republican governor to see them dismissed and extended the time it has to examine the allegations. Noem is under scrutiny from the state’s Government Accountability Board for allegations she misused the powers of her office by interfering in her daughter’s application for a real estate appraiser license and flying on state-owned airplanes to political events. She has denied any wrongdoing. The board’s three retired judges voted unanimously to deny motions from the governor to dismiss the complaints. They then voted to grant a 60-day extension while they consider the complaints’ merits.

JUNE 27, 2022:

SIOUX FALLS, S.D. (AP) — Former South Dakota Attorney General Jason Ravnsborg has asked a state ethics board to press for an investigation of fellow Republican Gov. Kristi Noem. Ravnsborg blames the governor for his impeachment and removal from office last week (June 21, 2022) for his conduct surrounding a fatal crash in 2020. As attorney general, Ravnsborg last year filed a pair of complaints against Noem to the state’s Government Accountability Board. He alleges she inappropriately interfered in a state agency while it was evaluating her daughter’s application for a real estate appraiser license and misused state airplanes. The board has not made a decision on whether to investigate Noem. It’s working with an attorney to evaluate the merits of the complaints.

MAY 18, 2022:

SIOUX FALLS, S.D. (AP) — South Dakota lawmakers are considering a legislative report that finds Gov. Kristi Noem’s daughter received preferential treatment while she was applying for a real estate appraiser license in 2020. The Legislature’s Government Operations and Audit Committee last year (2021) probed into the certification process for Noem’s daughter, Kassidy Peters. The Associated Press reported the Republican governor had called a meeting that included Peters and key decision-makers in the agency evaluating her license application just days after the agency had moved to deny her the license. Peters received another opportunity to demonstrate she could meet federal standards and received her license four months later. The report states the extra opportunity deviated from established protocol.

MAY 2, 2022:

SIOUX FALLS, S.D. (AP) — A South Dakota ethics board has moved to hire an outside attorney as it considers a pair of ethics complaints against Gov. Kristi Noem. The complaints were sparked from allegations the Republican governor interfered in a state agency to aid her daughter’s application for a real estate appraiser license and misused state airplanes. The retired judges who sit on the Government Accountability Board decided any legal advice shouldn’t come from the lawyer who usually advises the board because she works under the state’s attorney general. Attorney General Jason Ravnsborg initiated the complaints. The board’s decision Monday (May 2, 2022) was a procedural move as it approaches a key juncture for the complaints.

APRIL 20, 2022:

PIERRE, S.D. (AP) — A board that investigates complaints against South Dakota officials is scheduled to take up a pair of ethics complaints against Gov. Kristi Noem in May. Noem had until last Friday (April 15, 2022) to respond to complaints alleging she misused state airplanes for personal use and that she improperly interfered in a state certification program for her daughter. Neither Noem nor members of the South Dakota Government Accountability Board will say whether Noem responded by the deadline. The board is scheduled to revisit both complaints at its May 2, 2022, meeting in Sioux Falls. Any complaints and related information would only become public if the board finds the complaints have merit and votes to hold a contested hearing.

FEBRUARY 3, 2022:

PIERRE, S.D. (AP) — A South Dakota government accountability board has set an April deadline for Gov. Kristi Noem to respond to a pair of ethics complaints. The deadline given Thursday (Feb. 3, 2022) signals that the retired judges who make up the board believe the complaints from the state’s attorney general might have merit. Attorney General Jason Ravnsborg, a Republican, has asked the board to consider two issues. One is whether Noem’s use of state airplanes broke the law, and the other is whether she improperly interfered with a state agency that was evaluating her daughter’s application for a real estate appraiser license. Noem insists she has done nothing wrong.

NOVEMBER 2, 2021:

SIOUX FALLS, S.D. (AP) — South Dakota’s Government Accountability Board has called for more information in at least one ethics complaint against Gov. Kristi Noem. It was weighing multiple requests made by the attorney general against Noem. But the public was kept in the dark about which complaints the board wants information on. The board is required to keep the details of complaints secret unless it decides they warrant a public hearing. Attorney General Jason Ravnsborg had asked the board to consider investigating Noem’s use of state airplanes, as well as concerns about whether she interfered in a state agency that was evaluating her daughter’s application for a real estate appraiser license.

Ethics board dismisses Noem plane case, says law is unclear

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