County investigating Aaron McGowan on sexual harassment claims

The resignation of Minnehaha County State’s Attorney Aaron McGowan this week comes amid an investigation that he sexually harassed employees in his office, the Argus Leader has confirmed.

McGowan said publicly on Monday that he was resigning because of an Argus Leader investigation into his absences and workload. He said that the resulting stories were “too much of a distraction” for him to continue working as state’s attorney. He also cited a knee replacement surgery he had in October.

But multiple Minnehaha County employees have told the Argus Leader on background that McGowan was under investigation for workplace misconduct. The investigation was sparked by a separate investigation by Attorney General Jason Ravnsborg, which was released in October. Besides finding unexplained absences and accusations of drunkenness, the Ravnsborg investigation included an incident involving a female employee in McGowan’s office.

EARLIER: Minnehaha County State's attorney Aaron McGowan to resign this week

According to Ravnsborg’s report, McGowan agreed to give a female employee the day off if she agreed to buy a bottle of alcohol and allow him to come to her house to drink it.

“The female employee was interviewed and stated that McGowan did give her the day off, she bought the bottle of alcohol, he came over for a few hours and made her feel uncomfortable at times, but then he left on a bicycle,” the attorney general report said.

That incident, as well as others related to his duties in office, prompted a second investigation by the South Dakota Public Assurance Alliance at the request of the county. The Public Assurance Alliance insures the county, and its duties include risk management. Dave Pfeifle, the alliance’s executive director, did not respond to a request for comment last week. However, county employees who spoke on background to the Argus Leader due to fears of retribution, confirmed that employees in McGowan’s office were interviewed in relation to the alleged misconduct.

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Commissioners to accept resignation Tuesday

Minnehaha County commissioners were scheduled Tuesday to accept McGowan’s resignation, which takes effect on Friday, Dec. 6. In an email to employees in the office, Carol Muller, the commission administrator, confirmed McGowan’s resignation. She requested that employees not speak to members of their family or to media.

The Minnehaha County Human Resources Department denied a request in October by the Argus Leader for workplace complaints involving McGowan or the State's Attorney's Office administration dating back to the beginning of McGowan's tenure.

In August, the Argus Leader reported that McGowan had been absent from office for more than two months after police were called to his home July 13. The police activity was prompted by a 911 call, which was not broadcast over the police scanner.

Gov. Kristi Noem, whose office has authority over the state’s law enforcement officers, ordered Ravnsborg to investigate. McGowan returned to office in mid-September and announced his intention to seek re-election next year.

In November, the Argus Leader obtained a decade of felony cases filed in Minnehaha County from the South Dakota Judicial System. An analysis of the data found that McGowan had not taken a new case as lead prosecutor in more than two years.

In a statement, McGowan cited complications from knee surgery and the Argus Leader's investigation as reasons for his decision to resign. He did not immediately respond to a question about the sexual harassment investigation.

“Contrary to print media reports, I just obtained a life sentence on a child murderer on May 30th of this year,” the statement said. “I’ve worked numerous weekends on homicide cases since then. The negative print media has been too much of a distraction for me to continue with my responsibilities as State’s Attorney. I’ve been honored to serve in this capacity for more than a decade! I’ve been privileged to work with our phenomenal Law Enforcement Officials! They truly are the best of the best and deserve our thanks and respect! My intent is to focus on my faith, family, and health needs. I don’t plan on doing any interviews until I feel better and complete my physical therapy.”

McGowan, 45, was first elected to the office in 2008. He won re-election in 2012 and 2016.

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County will determine replacement

The Minnehaha County Commission will appoint a replacement to serve out the remainder of McGowan's term.

Under state law, county commissions appoint replacements when vacancies in county offices occur, except when one of those is a commission seat.

It's unclear whether the commission will name a replacement for McGowan on Tuesday or wait until a future meeting.

McGowan’s replacement would serve until after next year’s election, where a new state’s attorney will be elected.