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Vickie A.

Larsen
P. O. Box 137
Alcester, SD 57001-0137
605-934-2338
vickieah@yahoo.com
www.avoicefromthegallery.com

June 17, 2019


Mr. Sam Nelson
Frieberg, Nelson and Ask
P. O. Box 511
Beresford, SD 57004

re: Alcester City Attorney Letter 06/04/2019 FOIA Second Notice Answer
ILLEGAL COMP TIME/OVER-TIME FOR FINANCE OFFICER JURRENS

Dear Mr. Nelson:


Unfortunately sir, you labor under some misinformation with regard to the
authority of Finance Officer Pat Jurrens.
Again using your own words arising out of a city council meeting in which
you interrogated me with regard to who was giving me legal advice and you
opined, "...'if you refuse to answer, it didn't happen;...'you are wasting my time
discussing this...' ".
So with your direct off-the-cuff opinion voiced in open council session, "...if
you refuse to answer...it didn't happen" I shall apply the idiom, "what is sauce for
the goose, is sauce for the gander..." In other words if you, ACA Sam can opine
when I fail to answer you interrogatory, the action in question did not happen, then
I can infer when you, ACA Sam state, "...the requested documentation in your
second numbered request1 does not exist within city records..." that there was and

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A full and complete copy specifically but not limited to Alcester City Council pre-approval of finance officer
personnel (Pat Jurrens, Wanda Halverson, Shoshanna LNU) overtime and comp-time, justification of overtime and
comp- time, date of Alcester Council approval of over-time and comp-time, council vote to exceed the limit of over-
time and comp-time, roll call vote of council exception to over-time and comp-time limits, justification for exception
of policy and all full and complete minutes of Alcester City Council Meeting relating to over-time and comp-time
Alcester City Attorney Sam Nelson, Frieberg, Nelson and Ask June 17, 2019
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is NO pre-approval of over-time or comp-time for Pat Jurrens, Wanda Halverson
or Shoshonna LNU as required by the in-force personnel manual, NO justification
for over-time or comp-time necessity as required by the in-force personnel manual,
deliberate falsification of records by Alcester City Finance Officer Pat Jurrens who
KNEW she was NOT eligible for comp-time or over-time as set forth by FLSA,
and the in-force Alcester City Personnel Policy. Alcester City Finance Officer Pat
Jurrens through her office as Alcester City Finance Office documented hours she
declared as comp-time/over-time on a legal pad diary from 2014 forward to 2019
in direct violation of the in-force Alcester City Personnel Manual and FLSA
position. None of this time appeared on time cards but hidden in a drawer and
against all accepted book-keeping standards. Alcester Finance Office Pat Jurrens
sought to benefit and fraudulently enriched herself through her city position by
failing to apply for pre-approval of any comp-time/over-time, the emergent,
necessity for such comp-time/over-time for herself or her finance office employees
at the expense of Alcester Taxpayers. Alcester City Finance Officer Pat Jurrens
actively signed payroll checks fully aware of her violation of Alcester City
Personnel Manual which stated specifically she was not entitled to comp-time or
over-time.
In addition you tell me there are no records of pre-approval, approval, no
council minutes showing council approval of exception to the rules of Alcester
City Personnel Manual, just checks showing Alcester Finance Officer Pat Jurrens
signature and the signature of Mayor Tom Glas whose duty it is to be well versed
on the mandates of the Alcester City Personnel Manual and who knew giving
comp-time and over-time to the Finance Officer Jurrens violated FLSA and the in

specifically for Finance Officer Pat Jurrens, Wanda Halverson and Shoshonna LNU of the Alcester City finance
Office."
Alcester City Attorney Sam Nelson, Frieberg, Nelson and Ask June 17, 2019
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force Alcester City Personnel Manual and whose signatures wrongfully benefits
and enriched Alcester City Finance Officer Pat Jurrens.
Both Mayor Tom Glas and Alcester City Finance Office Pat Jurrens
knowingly violated Alcester City Personnel Manual and with prior payments
including the most recent payment to Alcester Finance Officer Pat Jurrens of
$4800.00 which further violated Personnel Manual in that the current rate of
compensation was applied to the 'settlement' and not the rate of compensation at
the time the alleged comp-time and over-time violation. Therefore the $4800 must
be returned to the city treasury.
My argument to the point in your letter where you attempt stop my search
for open records with the phrase, "...this letter serves as the city's final response to
your request in this matter...", ACA Nelson I would direct you to the quote, "it
(opera) ain't over until the fat lady sings..." and ACA Sam I have not written the
music yet much less my Aria!
I am,

sincerely yours,

Vickie A. Larsen

cc: File
City of Alcester
Union County State's Attorney Jerry Miller

Alcester City Attorney Sam Nelson, Frieberg, Nelson and Ask June 17, 2019
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Alcester City Attorney Sam Nelson, Frieberg, Nelson and Ask June 17, 2019
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