SIOUX FALLS, S.D. (KELO.com) -- KELO.com News has obtained at least some of the documents the City of Sioux Falls had mentioned they relied on regarding Falls Park safety.
KELO.com News received the documents about 4:45 p.m. and is trying to go through them and digest them. We have posted them without comment here, here,here, and here.
The request for the documents was prompted by the death at the falls March 18 of five-year old Maggie Jo Zaiger from Audobon, Iowa.
In a letter from the South Dakota Public Assurance Allliance's general counsel Robert B. Anderson, he said that in the summer of 2016, the SDPAA conducted an internal training exercise where it retained O'Connel Consulting to conduct a workshop for SDPAA staff on baisc risk management principles and best practices for controlling key risk exposures for local government entities.
"As part of these internal SDPAA field training exercises, the consultant and SDPAA staff met with certain City of Sioux Falls employees to walk through selected City Departments and to walk through selected facilities," Anderson wrote. "These field training exercises were not safety audits but were merely limited reviews of selected sites, including Falls Park."
Anderson also noted, "The answer to your inquiry is that no 2016 safety audit occurred."
Anderson goes on to note, "However, the SDPAA will disclose its internal documents maintained by the SDPAA and not disseminated to the City that relate to your inquiry which are attached. . . ."
The inspection was conducted the week of July 25, 2016,
An appendix to the cover letter to Mayor Mike Huether dated August 5, 2016, details possible problems at Falls Park and other facilities as well as recommendations on how to correct the issues.
For example, there were separate items noted on steps or sidewalks at Falls Park. There was one item about the drain outlets in the park being trip and fall hazards. There was another item about water on the floor in front of a water fountain at the Overlook Cafe.
A fencing issue at the Overlook Cafe attracted the most attention. The report noted:
"There is a deep, open dirt and rock pit behind the partial fencing leading to the river, as well as the remnants of steep concrete steps. The fencing is in two parts, one wood, one iron. There is an opening between the fencing allowing easy access to the river. This is a potential serious hazard, especially for children."
The report recommended, "Fully fence this area to reduce access to the deep pit and a fall into the river below."
Another concern was the signage on the Tower Platform. The report noted, "There are only two 'No Jumping' signs on the elevated tower platform railings." The recommendations was to install tow more 'No Jumping' signs so that all four sides had signage to discourage suicide attempts.
In the overview of the findings, there was no mention of staff concerns or recommendations about potential falls or drownings near the river at Falls Park.
In fact, the report notes "best practices" at Falls Park for: "Handrails and fencing on the Falls Park stairways; Guardrails along Falls Park path; Portable fencing and increased patrol is used at Falls Park during the Spring run-off to prevent access to the natural rocks and water;" and, "Sidewalks primarily in good condition."
The SDPAA did not send all of the "best practices" overview. KELO.com News received pages 35-39 as well as the cover letter of August 5, 2016. It appears KELO.com News received all 14 pages of the appendix to the report that contained the more detailed information about hazards and mitigation.
The cover letter was complimentary to the City of Sioux Falls and its staff. Then executive director Judy Payne wrote, "I can assure you that the City of Sioux Falls practices GREAT risk management. While our interviews with personnel and our inspectors were somewhat cursory as opposed to a full-blown risk management audit, findings were very minimal both from operations and hazard identification standpoints."
Payne also concluded, "You can be very proud of the efforts put forth by the people with whom we came in contact,"
The SDPAA says it is not a traditional insurance company but "is a risk-sharing pool providing liability and property coverage for municipalities, counties, townships, conservations (sic) districts, and special districts in South Dakota."