PIERRE, S.D. – The newly formed South Dakota Advisory Task Force on Open Meetings Laws, convened by Attorney General Marty Jackley, will hold its first meeting on Tuesday, November 25, to discuss possible legislative amendments to the state’s open meetings statutes. The 15-member group is set to consider a variety of proposed revisions affecting agenda details, executive sessions, meeting minutes, and official action.
The task force, whose members include representatives from the South Dakota News Media Association and South Dakota Broadcasters Association, will meet at 10 a.m. Central Time at the George S. Mickelson Criminal Justice Training Center in Pierre. The meeting is also available to the public via Microsoft Teams and telephone.
Key Agenda Items and Proposed Revisions
After the election of officers and a period for public comment, the task force will move to the bulk of its business: considering seven proposed draft revisions or new sections to the state’s Open Meetings Laws (SDCL Chapter 1-25).
The proposed drafts include measures aimed at increasing government transparency in the Black Hills, Rapid City, and across South Dakota by requiring more detail in public notices.
- Agenda Detail: Draft No. 1 and No. 2 propose a new section requiring proposed agendas to clearly and concisely describe items of official business “in enough detail to reasonably inform the public”.
- Executive Session Notice: The drafts on executive session notice aim to mandate that a notice of a closed meeting include a reference to the reasons supporting entry. Kellen Willert, City Attorney for Belle Fourche, submitted an alternative version (Draft No. 2) that would require a specific citation to the applicable subparagraph of SDCL § 1-25-2 or other relevant law for the closed session.
- Executive Session Motion: Revisions to SDCL § 1-25-2 are proposed in Draft No. 3 and No. 4, specifically addressing the motion required to enter executive session. Willert’s draft (No. 4) suggests the motion must clearly state the specific legal subparagraph for the closed session, which also must be reported in the minutes.
- Minutes and Voting: Draft No. 5 would amend SDCL § 1-25-3 to require that the minutes of all public bodies report the results of each vote taken, as well as how each individual member voted on any roll call vote.
- State Website Posting: A revision to SDCL § 1-25-1.3 (Draft No. 6) would require the state to post the proposed agenda on a designated state website at least 72 hours before the meeting, in addition to the current requirement of posting at the principal office. The 72-hour period would exclude Saturday, Sunday, or legal holidays.
- Official Action: Draft No. 7 proposes a new section stating that official action by any public body must be preceded by a motion and vote of the members present and voting.
The task force, chaired by a new officer to be elected at the start of the meeting, will also discuss the schedule for future meetings before adjournment.
