Transcript Document

South Dakota Office of the Attorney General
Bethanna Feist
Assistant Attorney General
Consumer Protection Division
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."
 All
official meetings of
public bodies SHALL be
open to the public.
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“…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)
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“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
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Lunches?
Smoking breaks?
Sporting events?
Social events?
Others?
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Post:
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Proposed agenda
 Including date, time and location of meeting
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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
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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
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 Whichever is later
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If not posted on website:
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At least ONE copy in the meeting room
Not required for material exempt under SDCL 1-25
Attorney-client confidential material
 Executive/closed meeting
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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
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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
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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
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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
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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
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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)
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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
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Charge Class 2 Misdemeanor
Dismiss (“no merits” letter)
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Send copy of complaint and investigation to AG
Refer to Open Meeting Commission
Refer to another SA or AG for prosecution
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ONLY if complaint against Board of County
Commissioners
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Comprised of:
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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
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Includes:
 Statement of reasons
 Findings of fact on each issue
 Conclusions of Law
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Used to make final decision
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Final Decision:
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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
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If find violation:
Issue public reprimand
 Cannot send back to State’s Attorney or to Attorney
General for criminal prosecution
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All findings/public censures shall be public record
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Began in 2004
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No jurisdiction over complaints prior to 2004
37 decisions
Various open meeting issues
Found on Attorney General’s website:
http://atg.sd.gov/OpenGovernment.asp
x
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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
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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.”
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Amended SDCL 1-25-1
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Signed by Governor
 Proposed agenda shall include date,
time and location of the meeting
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Amended SDCL 1-25-1.1
Smith goes to see his supervisor in the front office.
"Boss," he says, "we're doing some heavy housecleaning 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!"
Phone: 605-773-3215
 Email: [email protected]
 Website:
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http://atg.sd.gov/OpenGovernment.aspx