Repealed by SL 1996, ch 9, § 2.
Repealed by SL 1980, ch 24, § 12.
1-25-6. Duty of state's attorney on receipt of complaint alleging chapter violation.
If a complaint alleging a violation of this chapter is made pursuant to § 23A-2-1, the state's attorney shall take one of the following actions:
(1) Prosecute the case pursuant to Title 23A;
(2) Determine that there is no merit to prosecuting the case. Upon doing so, the state's attorney shall send a copy of the complaint and any investigation file to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or
(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action.
Source: SL 2004, ch 19, § 1.
1-25-6.1. Duty of state's attorney on receipt of complaint alleging violation by board of county commissioners.
If a complaint alleges a violation of this chapter by a board of county commissioners, the state's attorney shall take one of the following actions:
(1) Prosecute the case pursuant to Title 23A;
(2) Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6;
(3) Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action; or
(4) Refer the complaint to another state's attorney or to the attorney general for action pursuant to § 1-25-6.
Source: SL 2010, ch 6, § 1.
1-25-7. Consideration by commission of complaint or written submissions alleging chapter violation--Findings--Public censure.
Upon receiving a referral from a state's attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory file submitted by the state's attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory file submitted by the state's attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefor and findings of fact on each issue and conclusions of law necessary for the proposed decision. The final decision shall be made by a majority of the commission members, with each member's vote set forth in the written decision. The final decision shall be filed with the attorney general and shall be provided to the public entity and or public officer involved, the state's attorney, and any person that has made a written request for such determinations. If the commission finds a violation of this chapter, the commission shall issue a public reprimand to the offending official or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state's attorney or the attorney general. All findings and public censures of the commission shall be public records pursuant to § 1-27-1. Sections 1-25-6 to 1-25-9, inclusive, are not subject to the provisions of chapter 1-26.
Source: SL 2004, ch 19, § 2; SL 2010, ch 6, § 2.
1-25-8. Open Meeting Commission--Appointment of members--Chair.
The South Dakota Open Meeting Commission shall be comprised of five state's attorneys appointed by the attorney general. Each commissioner shall serve at the pleasure of the attorney general. A chair of the commission shall be chosen annually from the membership of the commission by a majority of its members.
Source: SL 2004, ch 19, § 3.
1-25-9. Limitations on participation by commission members.
No member of the commission may participate as part of the commission or vote on any action regarding a violation of this chapter if that member reported or was involved in the initial investigation, is an attorney for anyone who reported or was involved in the initial investigation, or represents or serves as a member of the governmental entity about whom the referral is made. The provisions of this section do not preclude a commission member from otherwise serving on the commission for other matters referred to the commission.
Source: SL 2004, ch 19, § 4.
1-25-10. State Investment Council may discuss certain matters in executive session.
The State Investment Council, in executive session, may discuss and consider any document or information exempt from public disclosure requirements under the provisions of subdivision 1-27-1.6(5).
Source: SL 2010, ch 7, § 1.
1-25-11. Recording of open official meeting to be permitted.
No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law.
Source: SL 2016, ch 11, § 1; SL 2019, ch 3, § 9.
Terms used in this chapter mean:
(1) "Political subdivision," any association, authority, board, commission, committee, council, task force, school district, county, city, town, township, or other local government entity that is created or appointed by statute, ordinance, or resolution and is vested with the authority to exercise any sovereign power derived from state law;
(2) "Public body," any political subdivision and the state;
(3) "Official meeting," any meeting of a quorum of a public body at which official business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference;
(4) "Teleconference," information exchanged by any audio, video, or electronic medium, including the internet;
(5) "State," each board, commission, department, or agency of the State of South Dakota. The term, state, does not include the Legislature.
Source: SL 2019, ch 3, § 1.