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Open meetings

Open meetings. South Dakota Office of the Attorney General Bethanna Feist Assistant Attorney General Consumer Protection Division.

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Open meetings

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  1. Open meetings South Dakota Office of the Attorney General Bethanna Feist Assistant Attorney General Consumer Protection Division

  2. Employer: "In this job we need someone who is responsible."Applicant: "I'm the one you want. On my last job, every time anything went wrong, they said I was responsible."

  3. Basic Rule: SDCL 1-25-1 • All official meetings of public bodies SHALL be open to the public.

  4. Purpose of this Law • “…to prohibit actions being taken at secret meetings where it is impossible for the interested public to become fully informed and to detect improper influences.” • Olson v. Cass, 349 N.W.2d 435 (S.D. 1984)

  5. What is an OFFICIAL meeting? • “When a majority or quorum of the body is present and official business…of the board…is discussed.” • Attorney General Opinion 89-09 • Not defined by statute or case law

  6. Regular Meetings • Lunches? • Smoking breaks? • Sporting events? • Social events? • Others?

  7. PUBLIC NOTICE • Post: • Proposed agenda • Including date, time and location of meeting • Notice of meeting • In visible, readable, and accessible location • 24 hours before meeting • At the principal office of the public body • Posted on website upon dissemination of the notice (if have website) • SDCL 1-25-1.1

  8. Printed Materials • Must be made public when provided to the members prior to meeting • Posted on website OR • Available at PPOB at least 24 hours prior to meeting OR • When provided to the members • Whichever is later • If not posted on website: • At least ONE copy in the meeting room • Not required for material exempt under SDCL 1-25 • Attorney-client confidential material • Executive/closed meeting

  9. Meeting Minutes • Must keep detailed minutes of regular or special meetings • Must be available for inspection of public at all times at principal place of business • Made available within 10 business days after meeting • Does not apply if audio/video recording is available on website within 5 business days after meeting

  10. Special/Rescheduled Meetings • Posting and Agenda Requirements are SAME • Notice SHALL be delivered: • In person-by mail, email or telephone • Must make honest effort • To local news media • Those who have requested notice • SDCL 1-25-1.1

  11. Teleconferences • Teleconference: information exchanged by audio or video medium • May be used to conduct a hearing or take final disposition on an administrative rule • Member is present if answers present during roll call • Every vote SHALL be taken by roll call

  12. Teleconference Notice • Posting and Agenda Requirements are SAME • Allow AT LEAST ONE place for the public to listen and participate • If less than quorum of members present, must provide public the opportunity to listen via telephone or internet • Doesn’t apply to executive or closed meetings

  13. Committees/Task Forces • If appointed by governing body: • Final recommendation, finding, or report SHALL be reported in open meeting • Governing body MUST DELAY final action until next meeting • If not created by statute, ordinance or proclamation, or are advisory: • May not be subject to open meetings rules • Ask legal advice if unsure

  14. Executive Session • May only be held for the sole purpose of: • Employee/Personnel Matters • Student Issues • Communications with attorney regarding proposed or pending litigation, or contracts • Labor Negotiations • Marketing Strategies • Economic Development (SDCL 9-34-19)

  15. Executive Session Limitations • NO official action • Official action must be taken at open meeting • Majority of the members of body must be present and voting • NO discussions of any other matters

  16. State’s Attorney Enforcement • Charge Class 2 Misdemeanor • Dismiss (“no merits” letter) • Send copy of complaint and investigation to AG • Refer to Open Meeting Commission • Refer to another SA or AG for prosecution • ONLY if complaint against Board of County Commissioners

  17. Open Meeting Commission • Comprised of: • 5 State’s Attorneys appointed by Attorney General • Chair chosen annually from commission by majority vote • Issues written determination of whether conduct violates SDCL 1-25 • Includes: • Statement of reasons • Findings of fact on each issue • Conclusions of Law • Used to make final decision

  18. Open Meeting Commission • Final Decision: • Made by majority of commission members • Each vote set forth in written decision • Filed with Attorney General • Provided to public entity involved, State’s Attorney, and anyone requesting the final decision • If find violation: • Issue public reprimand • Cannot send back to State’s Attorney or to Attorney General for criminal prosecution • All findings/public censures shall be public record

  19. Open Meeting Commission • Began in 2004 • No jurisdiction over complaints prior to 2004 • 37 decisions • Various open meeting issues • Found on Attorney General’s website: http://atg.sd.gov/OpenGovernment.aspx

  20. 2013 Legislation • Failed • Expand teleconference definition to include email, text messages, chat services or other similar media if official business is discussed • Expand open meeting provisions to apply to any committee or subcommittee of a public body • Require minutes to be kept of executive or closed sessions and define how they will be viewed

  21. 2013 Legislation • Signed by Governor • “If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meet solely for purposes of implementing previously publicly-adopted policy, carrying out ministerial functions of that township, district, or municipality, or undertaking a factual investigation of conditions related to public safety, the meeting is not subject to the provisions of this chapter.” • Amended SDCL 1-25-1

  22. 2013 Legislature • Signed by Governor • Proposed agenda shall include date, time and location of the meeting • Amended SDCL 1-25-1.1

  23. Married? Smith goes to see his supervisor in the front office."Boss," he says, "we're doing some heavy house-cleaning at home tomorrow, and my wife needs me to help with the attic and the garage, moving and hauling stuff.""We're short-handed, Smith," the boss replies. "I can't give you the day off.""Thanks, boss," says Smith, "I knew I could count on you!"

  24. Questions? • Phone: 605-773-3215 • Email: Bethanna.Feist@state.sd.us • Website: http://atg.sd.gov/OpenGovernment.aspx

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