Plaintiff apologized and stated that it was not her intent to have the office know about the issue. %PDF-1.7 Almost immediately, he began making sexually explicit comments to Plaintiff, revealing personal information, and making her feel uncomfortable, including, but not limited to: Now the properworkplace response to such behavior is to take this behavior straight to the boss, whose response should be to drop the hammer on the harasser. DCI said they didn't have it. Recently, Special Agent Krierwho is assigned to the DCIs Electronic Crimes Unit and Internet Crimes An anatomy of the dysfunction under which so much of state government operates. WebWhen Chief Agent Miller retired, Merle Melstad served as chief agent of the DCI for six months in 1955; he was followed in that post by Rol Kebach, who was to serve twenty But MC, I am inclined to think that the more to the story may well follow the lines that Shirley and David lay out for us. Sioux Falls, SD . More Highway Patrol Trooper South Dakota State Government endobj I have had numerous interactions with various DCI agents over the past 40 years. After the failed communicative efforts, Kaisers attorneys filed an affidavit detailing the communication issues, as well as motions with the court to compel the settlement amount on May 14. D-D$3I20eV&,$~ n. MN Attorney General Lori Swanson wouldnt put up with it. That seems to be SOP for the DCI for a while now. Fax: (605) 330-4860 State of South Dakota Board of Pharmacy Prescription Drug Monitoring Program endobj Makes one wonder if DCI does anything right. As Shirley Schwab points out, Ms. Zylstra Kaiser was going through her experience at the same time the DCI and AG office were performing on the Taliaferro-Schwab debacle, and Blacks conduct is a matter of a trail transcript which leads to the judge dismissing the case against them with specific mention of Blacks performance being one of the reasons. there are appealable issues, but he has final say.'". WebAbout us. It happens everyday all over this country, yet when republicans face heat they yell there is another side to this story (without telling it) or that the perp must be proven guilty. 4 0 obj box 160 Pierre, SD 57501 Telephone: 605-224-8803 Attorneys for Defendant and Appellee _____________________ If all of this is true, then they deserve everything they have coming to them. WebThis week, we welcomed a new Special Agent to the Division of Criminal Investigation family! 2013) case opinion from the District of South Dakota U.S. Federal District Court In our society we do have courts of laws that seek the truth, in South Dakota justice is what the republican party says it is, and we also have the court of public opinion which can be as valuable as a court of law. WebSTATE OF SOUTH DAKOTA CLASS SPECIFICATION Class Title: DCI Special Agent I Class Code: 688801 Pay Grade: L4 _____ A. It looks to me like she will be the one that is really on trial. 609.5 0.0 0.0 789.1 1.3 1.4 cm /Type /XObject )/ <> Kaiser successfully completed eight of the nine objectives of the plan, one of which required her to undergo a psychological evaluation. I mostly agree with you Jenny. Then those comments would be taken out of context and used against them. A memorial sign honoring their sacrifice was placed north of Spearfish on U.S. Highway 85. /Parent 3 0 R Nor is it about what is happening at the University of Minnesota. Zylstra resigned from DCI effective May 18, 2012. ;8bUOacWkLV}g$iE"$EaH5fjov,R W4N6RFOfrE>FjZ Zkp Y FUC#4L=p5AkLF drA*15Dxhl[JE,+0K@&Z]uo *JKLWd,|:9d=0w$Ec=yY/xIUF!JyZ1f1==4VKP,R#.U1/g nUv./m-71iqJAis Gutd 4sLwi c+g4]AjC`D93P=%OEY&TJ?2m;_e[F(Q\yv|.hxysU-nu#oRmX&{;=e|h=*)X+eZR~,-Erh? I truly doubt it many other individuals would have endured what she has and kept on fighting to get to this point. endobj On November 4, 2011, (the same day that Black interrogated the Mette children as BrownCounty and the DCIrevved up their attack on Shirley Schwab and Brandon Taliaferro in the Mette child rape case)Even put ZylstraKaiser on a 30-day Work Improvement Plan,the nine tasks of which included submitting to a psychological evaluation, which DCI had linked to her maternity leave even though Plaintiff had returned from leave nearly a year earlier and had received two positive performance reviews and a promotion since then. The WIP also ordered Zylstra Kaiser to rebuild positive relationships with co-workers, supervisors, and managers. Zylstra obeyed, butgotthe cold shoulder from co-workers, including Black, who allegedly told her on November 8, We are done. Cops lives suck. "I received a text message from an Aberdeen attorney -- who i'll just leave as anonymous at this point --it said, 'I just talked with Marty on your case, hope that is OK, may I call you to be an intermediary directly with him to have no appeals?' Plaintiff approached Erickson on or about October 18, 2011 and explained that she was not comfortable with his sexually-oriented comments. "It was communicated to my attorneys that there had been a storm and part of a roof came off a building so Bryan Gortmaker is not available," Kaiser said. Clearly you must understand the difference between a court of law and the court of public opinion. It caught my ear because it was so unusual to me. You cite a few anecdotes, and Im sure instances happen. Purpose: Conducts investigations Thanks. << /PAGE0001 7 0 R >> Zylstra-Kaiser is doing the right thing by exposing them all. Kaiser said if Jackley wasn't involved, she's not sure why that mattered. WebSouth Dakota Division of Criminal Investigation (DCI) Special Agent James Severson (Severson) to investigate Adamson. Kaiser then confronted Erickson one-on-one and asked him to stop the harassment. Finished: John D. MacDonald's 'The Brass Cupcake'. Black attempted to shift the blame to Plaintiff and began ignoring her. Kaiser went before reporters this afternoon to set the record straight, she said, because Attorney General Marty Jackley is accusing her and her lawyers, as well as Rep. Kristi Noem (R-South Dakota) of conspiring against him in his bid for governor. Kaiser was hired by DCI in 2003, and worked for eight years as a special agent on the Drug Task Force, a collaborative team consisting of officers from DCI, the Brown County Sherriffs Office and the Aberdeen Police Department. The original settlement said Kaiser was to be paid by April 1 and no later than April 15. Child abuse cases ought to have the same standard. Black then met with Erickson, DCI agent Dave Lunzman and Brown County Sherriffs Deputy Damien Bahr at a local park. Meanwhile, Mark Black was in the Brown County DCI interrogation rooms going after the Mette children in a strategic attempt to get them to change their stories. Kaiser told Erickson to stop, but his comments persisted. More Highway Patrol Trooper South Dakota State Government stream That afternoon, Black surreptitiously met with Erickson, Bahr, and Lunzman in a park. In December 2011, following the work improvement plan, DCI informed Kaiser that effective January 3, 2012, she would be demoted from Special Agent III to Special Agent II and transferred to the Medicare Fraud unit in Pierre, South Dakota, away from her husband, Dan, an Aberdeen police officer, and fourteen month old child. POSTED ON 6/23/2022 AVAILABLE BEFORE 12/22/2022. Clark bemoans an America moving forward under a black Democratic president but supports the criminal actions of Denny Daugaard in a crime-ridden, disease-prone chemical toilet like South Dakota: how bipartisan. /Name /PAGE0001 WebBrett D Spencer worked as a Dci Special Agent III for the State of South Dakota and in 2020 had a reported pay of $35.02 and a pay frequency of hourly according to public records. POSTED. Mrs Kaiser is in fact Rep Dan Kaisers wife, a noted male Republican, who obviously supports her. To say this lawsuit is about SD Representative Dan Kaiser is merely a distraction to the real story. The circuit court approved the . She says shereceived positive performance reviews through mid-2011, when she says her mid-year evaluation praised her for her exceptional work product, ability to work amicably with other DCI agents and members of her task force, relentless work, and above-average case activity.. Sexual Harassment - Hostile Work Environment, Failure to Cancel Private Mortgage Insurance (PMI), Force Placed Insurance - Flood & Homeowners, Predatory Lending/Unfair Mortgage Servicing, Former South Dakota DCI Agent Represented by Nichols Kaster receives $1.2 Million Jury Verdict after Suffering Retaliation and Discrimination, Loans, Financing, and Borrowers' Rights Overview, Civil Rights and Impact Litigation Overview, Plaintiffs Public Housing Claims Move Forward in Minneapolis, Inside Sales Representative Brings Overtime Case Against Brightwheel, Nichols Kaster, PLLP Awarded First Tier Ranking on The 2023 Best Law Firms List. You do not have to be silent and you should not be in fear of speaking up. Indeed. They will never be trusted again. Learn from the gay men. In the court of public opinion, the truth doesnt matter, only how it is spun. MC-you got your story ass backwards. I think it important we look at the big picture and the intricate timeline that comes into place with Lauras sexual harassment lawsuit and the criminal acts by the same state players in the Schwab Taliaferro malicious prosecution case. There is nothing in our legal system that says the public can not scrutinize public cases and come to our own conclusions. When she spoke about her guns, commenting to her that sounds hot; Petting her hair and, on one occasion, putting his arm around her and swaying; When Plaintiff asked for his keys, stating they were in his pocket and she should get them herself; After Plaintiff said her husband would be out of town that weekend, asking her: Should I come over Saturday around 6? and, Having her watch a lewd music video set in a police department [. "At that time the DCI attorney said they didn't have any money to pay me," Kaiser said. WebThe South Dakota Bureau of Human Resources believes in building, developing, and supporting a high-performing and healthy workforce. Kaiser said she'd been patient and asked for a "good faith payment," of "anything? The Court must still decide front pay, which is wage loss post-trial, and attorneys fees. My Family and I have spent years trying to report a case of $800,000 of fraud and theft to DCI in South Dakota. WebTo apply for a position as a DCI Special Agent, follow these steps: Complete the online application Complete the Personal Data Questionnaire Complete and sign the Eventually, she was forced to resign in 2012. Kaiser was represented by James Kaster, Matt Morgan and Lucas Kaster of Nichols Kaster, PLLP in Minneapolis. Weighing onZylstra Kaisers mind, though, was a 2005 experience in which shehad reported another co-worker for sexual harassmentand gotten the wrong response from the boss: Her then-supervisor, Assistant Director Brian Zeeb, said her complaint could be seen as a sign of weakness and made a comment along the lines of, In the future, if you want a promotion or transfer to a new duty station, some may see this incident as your inability to get along with others. Rather than undertaking an investigation, Zeeb forced her to confronther harasser. She seeks, among other things, a jury trial, compensatory relief and damages arising from loss of past and future income, benefits, emotional distress, and other damages, with interest on such amounts, and punitive damages in an amount in excess of $75,000, and lawyer fees. The Director of the Division of Criminal Investigation, Bryan Gortmaker, first received the compromise settlement agreement and release in full of all claims on Friday, May 18, 2018. It will be interesting to see how much this one will cost as the ags office will probably have to farm out the defense of this. MC, a preponderance of evidence shows that kind of behavior is common place. Dont be too hard on PP, he probably just doesnt know how to pull up the complaint. Kaiser again said she didn't want to wait for the money and refused to sign any agreement until she had the checks in hand. e}YQYg we2)P93,g;'t}(~ She lost her dream job and her career because she stood up for what is right. WebSOUTH DAKOTA DEPARTMENT OF PUBLIC SAFETY prevention protection enforcement March 9, 2022 The Honorable Spencer Gosch Speaker of the House 500 E. Capitol Avenue Pierre, SD 57501 RE: HR 7001 Speaker Gosch: I understand that the House Select Committee on Investigation is close to concluding its work in examining the She charges Black with tortious interference, meaning he underminedher contractualrelationship with DCIto cover his backside. So youre saying, Bob, dont just feign it? They were dated back to March. DCI Special Agent I or II in South Dakota State Government; Rapid City, SD. 0 replies 1 Kaiser said as a result of her reporting the harassment that led to her forced resignation, she was unable to find another job in law enforcement. Q I told my attorneys, 'I didn't sue Marty Jackley and i'm not going to enter into a contract with Marty Jackley.'". Preston Johnson, Special Agent E-mail: preston.johnson@oig.hhs.gov US Department of Health and Human Services, OIG . ", Lucas Kaster, one of Kaisers attorneys, stated: We are very happy for Laura. But i doubt it. . Laura and I believe Black was given his marching orders on that day (November 4, 2011) to get rid of her case along with the Schwab Taliaferro case, partially supported by the following: During the November 4, 2011 off camera recording of Black and Ross Erickson, you can hear the following: Black: I have so much to lose. Women are not perfect. The coincidence of the administrative attack on Zylstra Kaiser and the legal attack on Schwab, Taliaferro, and the Mette children suggests a connection, a multi-front push by Brown County an DCI to shut down potentially damaging lawsuits. WebOur special agents are full-spectrum criminal investigators, handling all manners of felony-level criminal activity. <>>> Did you know the U of MN has a very active police force of their own to try and fight back all the horrible crimes that are occurring on that campus? Purpose: Supervises Division of Popular Locations. Thats hard to find in SD. The jury awarded Kaiser $311,812.00 in lost wages, $498,929.00 in lost retirement benefits, and $400,000.00 in emotional distress damages.
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