By Denise Ross

That South Dakota Gov. Mike Rounds takes every opportunity to pound the bully pulpit about what a disgrace it is that some school districts are suing the state - claiming woefully inadequate K-12 funding - might grow annoying for its repetition. But Rounds is perfectly within his rights as a political leader to make his case however and however often he sees fit.

That Rounds is running from the one opportunity to put his money where his mouth is, to say something in the one venue that will truly matter in this lawsuit - that he is trying to duck a deposition and testimony in the lawsuit itself - that is its own disgrace. 

The Mitchell Daily Republic broke the story and said Rounds is citing “executive privilege” in asking for a protective order - a protective order! I know it’s all legalese, but that terminoligy will translate to the wider world that Rounds is afraid to testify, that he needs protection.

What’s more, Rounds’ argument, via Attorney General Larry Long, is that he doesn’t have time for this.

“There’s a sifting process and you need to make a threshold showing before you impose on the governor’s time,” Long said.

“The governor is like other chief executives,” he said. “He’s an individual who has a lot of responsibilities and not enough hours in the day to discharge those responsibilities.”

Again, the fine points of the legal argument collide with the broad strokes of political perception. The governor has time to stand at podiums across the state and rail against the schools that filed this suit, but he can’t be bothered to sit down and answer questions. He has time to make sure there’s a separate and distinct bill detailing how much he’s decided to spend (where the $949,000 is going - that’s not spelled out) fighting this lawsuit, but talking about how and why he decided to spend a certain amount on K-12, that’s simply too much to ask.

The truth is, and voters know it, that the governor has time for whatever he wants to have time for. He has time for his priorities, and by dodging the witness chair, Rounds is sending the message that this lawsuit really isn’t a priority for him. (Lawyers might see it as a sign he doesn’t have good, legally satisfying answers for the questions he knows are coming.)

If the I’m-too-important argument weren’t enough, the lynchpin in his argument is - I swear it’s true - that he really has nothing to do with the state’s spending on K-12 education. You see, that all gets decided by the Legislature.

So, I guess, Gov. Rounds, when every December you deliver a speech broadcast statewide about the budget you’ve put together for the coming year, that’s all just for show? That budget never really materializes? The Legislature comes in and makes their own budget?

While there are some tough individuals on third floor, that group isn’t known for winning budget showdowns with the governor. 

Only after bitter and drug-out debates have legislative budget leaders been able to hand Gov. Rounds any fiscal defeats, and then it’s been about shaving a fraction of a percentage point off of raises. And Rounds still steams about it. A few years ago, Rounds successfully fought back and had cuts to public broadcasting reversed.

But I guess when, in 2003, you threw $15 million K-12’s way - that somehow really wasn’t you weilding your power as governor?

And when, in 2004, you said you had decided that schools could keep $5 million in declining enrollment money, the Legislature had a gun to your head?

And when, in January, you called for a 2.5% increase in the state’s education spending, that was a mere suggestion? And the Legislature can do whatever it wants?

Even Larry Long, known for a quiet yet steely confidence, seems to be sending signals that he’s not buying this argument.

“Whether or not the governor believes a school district needs more money is irrelevant to whether the Legislature has acted constitutionally,” Long said. “At least that’s our pitch. We’ll see how it plays in the courtroom.” (Emphasis added.)

I don’t know how strong the schools’ case is that they need more money. Rounds might be right about that. But, as a political leader of his stature, he won’t be able to have it both ways. If he wants to pretend in court that he’s above the fray and, besides, this really isn’t his fight, his public statements and official acts would have to match that. They don’t.

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