PIERRE, S.D. – The state Open Meeting board has declared Sturgis City Government violated open meeting law during the transition from its city manager format.
Municipal law attorney Kellen Willert told the board there were six total complaints on two affidavits, one dealing with two issues regarding taking votes by secret ballot.
He says the secret ballot votes in question occurred during the transitional period while removing the city manager position and related to the resignation of former Mayor Mark Carstensen.
Willert explained to the board South Dakota’s executive, or closed, session law.
“It’s a closed meeting and it quote, is restricted to the purpose specified in the closure motion,” Willert said. “Period, end quote. That’s not plural, and that makes sense. If you’re going to go into executive session, you should state the purpose, go into exec, stay within the topic, and if you have another reason to go into exec, you should come out and back in.”
Austin Hoffman, with the Open Meetings Board, says Sturgis city government violated state law during this process.
“I think if we’re going to infer, which is a fair thing to do, that there is supposed to be a purpose specified in the closure motion – there was not,” Hoffman said. “Because of that, I will make a motion that (Sturgis city government) did violate open meetings law because a meeting was not specified.”
The motion was unanimously approved.
