Transition plan takes shape as Johnson plans exit

PIERRE — The unusual and convoluted situation involving state Public Utilities Commissioner Dusty Johnson clarified Monday.

The steps and timetable for when former Secretary of State Chris Nelson will take office as Johnson’s replacement was explained by state officials.

Johnson said he won’t take the oath for his second term, and Nelson will instead participate in Inauguration Day ceremonies Saturday at the state Capitol with other elected state officers including South Dakota’s new governor.

Johnson was re-elected Nov. 2 but decided to forsake his second term on the PUC so that he can serve as chief of staff in Gov.-elect Dennis Daugaard’s new administration.

Daugaard in turn said he would appoint Nelson to the PUC vacancy.

Nelson couldn’t seek reelection as secretary of state because of the two-term limit for most state officers in the South Dakota Constitution.

Nelson instead ran for the Republican nomination for the U.S. House of Representatives and finished second among three candidates in the June primary election.

Former state Sen. Jason Gant of Sioux Falls was sworn into office as secretary of state Monday morning, rather than wait for Inauguration Day.

Gant, Johnson, Daugaard and Nelson all are Republicans.

Nelson supported the candidacy of his deputy, Teresa Bray, for the Republican nomination for secretary of state, but Gant won the three-way race at the Republican state convention last summer.

Bray and elections supervisor Kea Warne have both left the secretary of state office’s staff upon Gant’s arrival.

Daugaard named Johnson to his transition team immediately after the November general election and, in a move that caught many people off guard, a week later announced that Johnson had accepted Daugaard’s offer to serve as chief of staff for the governor.

Daugaard told reporters that Johnson would take the oath of office for his second term and then resign so that Nelson could be appointed by Daugaard as his replacement on the PUC.

Johnson said Monday however that he hadn’t planned to take the oath and there was a misunderstanding.

Johnson said he will send a letter to the governor-elect this week officially stating he doesn’t plan to take office for the second term.

Johnson is continuing to serve the final days of his current PUC term.

As chief of staff, Johnson will be part of a six-member executive management team for the governor. One of the other members of that team is Tony Venhuizen, director of policy and communication.

Venhuizen, who was Daugaard’s campaign manager and is a son-in-law of the governor-elect, explained Monday how matters developed.

“After that announcement, Dusty let the governor-elect know that he would not be comfortable taking the oath of office for a term which he did not intend to serve,” Venhuizen said.

“Therefore, we decided that the best way to handle the situation is for Dusty to send a letter indicating that, because he has accepted the position as chief of staff, he cannot serve the term that is set to begin Jan. 8,” he continued.

“Dusty’s current term will end on January 8, and by virtue of his letter, the next term will be deemed vacant. Shortly after being sworn in as governor, Daugaard will sign a document appointing Chris Nelson to fill the vacancy.

“That will allow Chris to be sworn to the PUC as a part of the normal inaugural ceremonies,” Venhuizen said.

The PUC has three elected commissioners. They serve six-year terms and aren’t subject to term limits. State law provides that a commissioner appointed to a vacancy can serve until the next general election.

Nelson’s appointment would run through the 2012 election, when the remaining four years would be up for election. He said he plans to run.

Two PUC seats will be on the 2012 ballot. The other currently is held by Democrat Steve Kolbeck, who plans to seek re-election to a second term.

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