Later in the week, Kaiser received another agreement with a payment date of June 8. Both grievances were denied. box 160 Pierre, SD 57501 Telephone: 605-224-8803 Attorneys for Defendant and Appellee _____________________ We have only heard one side of the story and based on that, and they are part of the current administration, you folks have already tried, convicted, and sentenced them. 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 [. Then comes Brown County Deputy Ross Erickson: In or about August 2011, Brown County Deputy Ross Erickson was assigned to the Drug Task Force. Denny Daugaard and Marty Jackley can already see Hell from their decks, Ms. Schwab: if only it was from prison cells. MC, the deck continues to be stacked in favor of the rapist/molester/harasser. Purpose: Conducts independent investigations or coordinates investigations with other state, On information and belief, Plaintiff is the only agent who has ever been transferred against her wishes[Complaint, 2015.09.23]. . Web[1.] <>>> Our attorneys are zealous advocates committed to fighting for the justice our clients deserve. WebThe State of South Dakota offers employer paid health insurance plus eleven paid holidays, generous vacation and sick leave accrual, dental, vision, and other Posted Posted 30+ Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Support South Dakotas best independent journalism: donate to. e}YQYg we2)P93,g;'t}(~ He said, she said, with the DCI boys holding the stay out of trouble card in the form of shared talking points. Plaintiff thanked Black for his support and asked him not to tell anyone about her difficulties with Erickson. They got both in front of me., Erickson: Stick with me Ill take you to the promised land.. The court of public opinion is different than court of law. {H% Q"4#H" b+X)o)0QfxR%) sY&){%=@XIO}6GLqGpbZ}Z*JvE|*T9c427]L93a>]rO[ $Y9G$\gUf E@S|#8 z{LjS(}[v=]j>aTSy?7.ZSzvQ_e+*-Aq:)K=IooGwLMMqBR|r.k`,R&? Males write the laws in every state and DC. No. Whalen Law Office, P.C. 2 0 obj Special Agents et al, No. % WebSTATE OF SOUTH DAKOTA CLASS SPECIFICATION Class Title: DCI Special Agent II Class Code: 688802 Pay Grade: L5 _____ A. Your email address will not be published. /BitsPerComponent 8 Dont be too hard on PP, he probably just doesnt know how to pull up the complaint. The sentence is always a lifetime sentence of shame. Lets look at Zylstra Kaisers complaint, filed Wednesday in U.S. District Court in Aberdeen, to learn what thesuit is about. She was living away from her husband and baby. WebSTATE OF SOUTH DAKOTA CLASS SPECIFICATION Class Title: DCI Special Agent Supervisor Class Code: 688805 Pay Grade: L7 _____ A. Kaiser received positive reviews throughout her career. 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. Former DCI agent Laura Zylstra Kaiser says the state of South Dakota delayed paying her $1.5 million settlement, following a lawsuit over workplace sexual harassment. DCI Special Agent I or II. <> 4 0 obj x3>J, .$Sku4ftRQJ~}9NdHq.qP/zixl~omw77DH?cI,(RV/{~,HAI56i%R,LW|R//7,XEZ!o@%BCW%rQ5IY\FrR},X@%YtLs6IEE$Q$ YYZwLwK/woUJm7rwznh?h-;o yGH-S$$O"hIc I say so here and now. 4 0 obj Then in April 2012, DCI removed Kaisers state vehicle, told her she could no longer travel from Aberdeen to Pierre on state time, removed her daily stipend, and told her that she could no longer sleep at the police academy barracks in Pierre, where she slept during the week because her family could not afford a second home. 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. 5 0 obj I wish Laura well with her lawsuit as this has been a long and exhausting road for her and her family. % ",#(7),01444'9=82. D-D$3I20eV&,$~ n. Zylstra Kaiser filed grievances over the demotion and transferwith Gortmaker and Attorney General Marty Jackley. If not, it really doesnt matter, their lives might as well, be over. Jackley said he played no part in Kaiser's settlement, but she said, she's not sure what to believe. <> She was paid on Wednesday after several months of negotiations. By doing so, it has become clear that on November 4, 2011, Mark Black was given marching orders to get rid of a few individuals who were about the expose the state of wrong doing that would ultimately lead to major lawsuits against the State of SD. WebSouth Dakota Division of Criminal Investigation (DCI) Special Agent James Severson (Severson) to investigate Adamson. endobj /Subtype /Image Recently, Special Agent Krierwho is assigned to the DCIs Electronic Crimes Unit and Internet Crimes Kaiser said she was reluctant about telling her superiors and eventually was forced out of her post as retaliation for reporting it. She appliedfor jobs with the Department of Social Services, the Department of Corrections, the Department of Labor Relations, and private employers but received no offers, because, she alleges, of DCIs negative references and misrepresentations about [her]employment, demotion, discharge, and performance. She filed charges of discrimination in 2014 against those three state agencies who didnt hire her. Women were simply good, important, worthwhile people who were smart and valuable. VY9H~d&D#iu.QUCoHB(L}~JOI:xw9x0Gh=,~]\c"r-)o!Jx_%1+^Iy$UYXc,WE They are innocent until proven guilty based on a preponderance of the evidence. The original settlement said Kaiser was to be paid by April 1 and no later than April 15. endobj That seems to be SOP for the DCI for a while now. My Family and I have spent years trying to report a case of $800,000 of fraud and theft to DCI in South Dakota. But in this lawsuit it says 'Marty Jackley, in his official capacity as Attorney General for the State of South Dakota and Marty Jackley personally.' To all the men out there that need advice on how to treat women in the workplace, Ill give you a clue. endobj How often do you contact your legislators and Congress people about these issues? Gay men in MN are very open now when it comes to gay equality and all I can say is that the world has been a better place for me for having met these decent men. A couple years ago I was visiting friends in RC and overheard a group at the next table making fun of the women there. Zylstra Kaiser now charges Gortmaker withreprisal discrimination and sex discrimination under the federal Civil Rights Act and the South Dakota Human RelationsAct. q For Keep in mind that I have several wonderful male friends whom I respect and enjoy. WebSpecial Agent Cam Corey began his law enforcement career in 1998 as a Deputy Sheriff. endobj In the meantime, let us all take a breath, put politics and rhetoric aside, and support this courageous young lady. 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. The total warrants served in 2011 were 401. We are South Dakota's premier criminal justice and criminal investigative agency. That afternoon, Black surreptitiously met with Erickson, Bahr, and Lunzman in a park. Lauras complaint will be heard in both South Dakota Federal and State court proceedings. When called to account, Black allegedly turned against Zylstra Erickson: Later that day, Plaintiff approached Black and asked why he shared her personal information. More Highway Patrol Trooper South Dakota State Government there are appealable issues, but he has final say.'". I mostly agree with you Jenny. WebSouth Dakota Attorney General Mark Vargo named an interim director of the South Dakota Department of Criminal Investigation on Tuesday. I have had numerous interactions with various DCI agents over the past 40 years. 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. I hope Zylstra Kaiser rips them to shreds. It looks like an impossible trial to get a verdict. They hadnt noticed because it was a routine event. TFeJxXop(I#Z,k^Uv "A@'(''C6eRE .Qn4vL*2{i}SaeaXCYzoKmw7'}jgaL@gWan7T4('9|K,"-w^l. This is one of those rare situations where the accused should be guilty until they prove themselves innocent. Lets hope she gets a judge that isnt in the tank for the administration. Purpose: Supervises Division of "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?' Since then, Mark Black has stated he never contacted or interviewed by law enforcement or the Attorney Generals office regarding my criminal complaint and only learned about it after the SD AG had dismissed my complaint as reported by news media. I have worked with the nicest, most decent, sweetest homosexual men and can tell you that I much prefer them over some straight guy that thinks hes gods gift to women. She now runs her own private investigation company. Zylstra resigned from DCI effective May 18, 2012. When watching the recordings of those interrogation videos, Mark Black can be seen receiving text messages and phone calls (along with occasional breaks while leaving each of the children alone for long periods of time in the cold, scary and isolated rooms) during the entire interrogation process. 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. The next day is when things began to go awry. DCI Special Agent I or II in South Dakota State Government; Rapid City, SD. WebThe South Dakota Division of Criminal Investigation (DCI) is accepting applications for DCI Special Agent I or II at this time. 8 days ago. 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. Thats too bad for SD and a real reason people leave. 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. Youve already gotten more of my time than I usually give you, sock puppet. None of the men, including Ross Erickson, were disciplined by DCI or the Brown County Sherriffs Office. stream This case and settlement was handled by the Governors Office of Risk Management and the States insurance company. View Background Report Sponsored Brett D Spencer 's Record in 2020 Name Brett D Spencer Location South Dakota Phone Ad View phone number Payroll Year 2020 WebTimothy R. Whalen, Esq. On November 4, 2011, Laura was in Pierre and aware of all of the state player (regarding her case and ours) that were present in Pierre as well. 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. She has been through hell and back and she deserves all of our support as she goes forward. WebSTATE OF SOUTH DAKOTA CLASS SPECIFICATION Class Title: DCI Special Agent I Class Code: 688801 Pay Grade: L4 _____ A. 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. c+g4]AjC`D93P=%OEY&TJ?2m;_e[F(Q\yv|.hxysU-nu#oRmX&{;=e|h=*)X+eZR~,-Erh? Remember, her life will be an open book before they would get through, and those low lifes arent just setting around playing racehorse pitch. Over the past couple of years, Laura and I have compared our particular time lines along with documented facts and discovery. Following a five-day trial in Aberdeen, South Dakota, a six-person jury returned a $1.2 million dollar verdict in favor of former South Dakota Division of Criminal Investigation agent, Laura Zylstra-Kaiser. WebThe DCIs work isnt always about enforcement: its about education, too! Through it all, Laura has continued to handle this nightmare with strength, grace and determination and is to be commended for bringing attention to these horrific actions. Plaintiff considered his offer but decided she would speak to Erickson herself. << More Highway Patrol Trooper South Dakota State Government endobj When Zylstra Kaiser pointed out that that Erickson admitted to the conduct, Even chose not to believe her and said he was unhappy with her general work performance. >> On information and belief, and knowing Even would investigate Plaintiffs harassment complaint, Black worked with Erickson, Bahr, and Lunzman to formulate a set of talking points in an effort to have Plaintiff removed from the department or terminated, including planning to state they did not trust Plaintiff, she falsified the harassment to test Blacks trustworthiness, they were unwilling to work with her, and that she was mentally ill and schizophrenic[Complaint, 2015.09.23]. 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. It boggles my mind that adult males would behave that way. At the conclusion of trial, the jury found in favor of Kaiser on both her retaliation and gender discrimination claims. @Roger Cornelius Curious when you did your nation wide survey that supports your asinine assertion? Your email address will not be published. There will be no trial and South Dakota will settle for an undisclosed amount of cash. /Name /PAGE0001 Eventually the DCI attorney said, 'Well, we got a new phone system.'". Kaiser was on the drug task force in Aberdeen back in 2011, when she said a Brown County Sheriff's Deputy was appointed to the team and began sexually harassing her on a regular basis. Required fields are marked *. . My Mother first reported these (no offense to the Girl Scouts). Cops lives suck. This is about corruption in the State of South Dakota and it is because of strong and determined individuals such as Laura Kaiser that this type of unacceptable behavior will finally be exposed for what it is. UM has more students, faculty and staff than the population of Rapid City. endstream Black complained to DCI supervisors that Kaiser created a hostile work environment. Asking Were you horny when you were pregnant?; Saying Go ahead and walk away, because I am going to stare at your ass the whole time; Texting her to ask what color underwear she was wearing; Stating it was a good thing she was not single because otherwise he would hit on her all the time; Remarking that Plaintiff looked hot when she wore glasses. Nor is it about what is happening at the University of Minnesota. It was a wonderful atmosphere. The only objective Kaiser did not complete according to DCI was rebuilding the trust with the men in the office who had shunned her. Its likely that Mike Clark isnt crazy enough for Daugaard by somebody like Roger Hunt or Allen Unrubb might just be insane enough for Denny. As you look through the sections that describe the duties of the Division of Criminal Investigation, you will notice that we are very busy working in the background to keep South Dakota citizens safe. MC-you got your story ass backwards. demoted from Special Agent III to Special Agent II and moved to a less desirable position. If Im reading MC correctly, he wants the media out of the daily political and civic activities of our society until a court of law has determined innocence or guilt. This law suit may lead the way. All you need to know about him is that he is an habitual liar. POSTED ON 6/23/2022 AVAILABLE BEFORE 12/22/2022. She was living away from her husband and baby. The case is titled, Laura Zyltra Kaiser v. Bryan Gortmaker, in his Official Capacity as South Dakota Director of the Division of Criminal Investigation, 15-CV-1030. endobj MC has taken the typical male republican position here, doubt the womans credibility and worry about future of the men involved. ;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 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. Sad, really, we were the greatest country on earth, and we cant even get this right. JFIF Purpose: Conducts investigations There are just too many smart capable women in power. ", Lucas Kaster, one of Kaisers attorneys, stated: We are very happy for Laura. In the 80 year history of DCI, Kaiser said she was just one of two women who were promoted to Special Agent III, the highest level in a non-supervisory role. WebAbout us. We would have been better off reporting these crimes to the Girl Scouts. 7 0 obj I just do not understand why everyone must make this about politics because it is not. Not when they intend to use her to send a message. Apply. A jury awarded Kaiser a settlement for sexual harassment and other damages on Dec. 27, 2017 against her former boss, Bryan Gortmaker. WebDCI Special Agent I or II South Dakota State Government Statewide, SD. We will not be silenced. South Dakota DCI @SouthDakotaDCI Jun 4 In May, DCI Agents joined in a ceremony honoring the late Special Agent Tom Matthews Sr. and former Butte County Sheriff Dave Malcolm, who were both slain in the line of duty in 1946. HB 1221: Free School Meals for Every Student in South Dakota! Former Division of Criminal Investigation special agent Laura Zylstra Kaiser of Aberdeen is suing DCI chief Bryan Gortmaker and former DCI agent Mark Black for hindering her employment. I asked my friends if what they thought about the other table. I have seen situations were women have threaten sexual harassment, to get what what they want. Former South Dakota DCI Agent Represented by Nichols Kaster receives $1.2 Million Jury Verdict after Suffering Retaliation and Discrimination Following a five-day trial in Aberdeen, South Dakota, a six-person jury returned a $1.2 million dollar verdict in favor of former South Dakota Division of Criminal Investigation agent, Laura Zylstra-Kaiser. I truly doubt it many other individuals would have endured what she has and kept on fighting to get to this point. Preston Johnson, Special Agent E-mail: preston.johnson@oig.hhs.gov US Department of Health and Human Services, OIG . 3 0 obj Maybe it was around in the old day, but not now. So, the bad guys got away; not because they were clever criminal masterminds, but because of the corruption and incompetence of SD DCI Law Enforcement. You do not have to be silent and you should not be in fear of speaking up. >> Kaiser appealed the discipline to DCI and eventually to South Dakota Attorney General Marty Jackley, but each of her appeals was denied. Zylstra decided to talk about the harassment with fellow Aberdeen agent Mark Black, with whom she had a close relationship. (Remember, this is the same Mark Black who eventually was fired from the DCI following revelations of violent behavior toward his own wife.) /Type /Page WebThe graph below represents the number of search warrants DCI Special Agents participated in from 2008 through 2011. If all of this is true, then they deserve everything they have coming to them. 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. $20 says this thing never goes to court and is settled for an undisclosed ammount. FormerDivision of Criminal Investigation special agent Laura Zylstra Kaiser of Aberdeen is suingDCI chief Bryan Gortmaker and former DCI agent Mark Black for hindering her employment. In August 2011, Kaiser was ranked as meets or exceeds in every job category. Kaiser was transferred to Pierre, demoted from Special Agent III to Special Agent II and moved to a less desirable position. Thats a wonderful policy. We believe the interrogations were live streamed to Pierre with someone feeding Black intimidating, confusing and attacking questions to ask the Mette children. 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. Eventually, she was forced to resign in 2012. Is this a symptom of the Good Ol Boy mentality that reeks throughout the state? I looked around to see if anyone was noticing. "My attorney made three attempts to contact the DCI attorney on different days -- no response. You cite a few anecdotes, and Im sure instances happen. Anyone know if Marty has to recuse himself from this case before a federal judge? Disgusted that Mrs Kaiser had to put up with such criminal behavior by a co-worker and then her supervisors. Plaintiff was reassigned to the Medicaid Fraud Control Unit in Pierre, South Dakota, over 150 miles from Aberdeen, effective January 3, 2012. http://www.childadvocatesdefensefund.com/resources/. endobj WebIn 2018, I began my career as a Special Agent with the South Dakota Division of Criminal Investigation (DCI), where I was primarily charged with leading full-spectrum, complex <> The DCI will get its day in court, but the question is how to give many other apparent miscreants their day in court. Unless she has some kind of admissible digital evidence shes screwed. Why South Dakotans stand for it remains a mystery. Brady Folkens ashes should be divided up and ground into the carpets at the governors mansion and at Martys house. In March 2012, Kaiser received her worst review of her eight-year career. Amendment S: Crime Victims Bill of Rights, Referred Law 19: Incumbent Protection Plan, Initiated Measure 21: 36% Rate Cap on Payday Loans, Initiated Measure 22: Anti-Corruption Act, Initiated Measure 23: Fair Share Union Dues, revved up their attack on Shirley Schwab and Brandon Taliaferro, Food-Tax Repeal Fails, But Spokesman Claims Noem Did Enough to Promote Promise, LaMie Declines to Investigate Senators for Exercising Legislative Authority over Boobgate Misconduct, Strizheuses Get 28 More Days to Rescue Mansion from Their Own Weak Legal Arguments, Pischke Asking for Criminal Prosecution of Frye-Muellers Suspenders, Crabtree: Senate Not Likely to Revive Food-Tax Repeal, But Noem Still a Hall-of-Famer, SB 149: Senate Approves Special Fund for All Those Yummy Medicaid Expansion Dollars from Uncle Sam, David Johnson Leads Minor Republican Opposition to Meyers Appointment to Board of Education Standards, Tobin Does Not Follow Through on Trying to Resurrect Noems Anti-China Farm Sale Audit Bill, Odenbachs Center for American Exceptionalism Fails to Get Two-Thirds Approval, Noem Fails to Get Food Tax Repeal Through Committee. When they speak, I will report. My country ranch church in northwest SD was like that. Thats hard to find in SD. P.O. They greeted each other with an extended ritual of feigned nut-grabbing and knee-lifts-to-groins that would have appeared immature among 10-year-olds, and was performed in front of the county treasurer and auditor windows.
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