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Madison reviews new open meetings law and conflict-of-interest rules after state bill; staff to provide annual updates
Summary
City staff reviewed South Dakota's open meetings requirements after Gov. Kristi Noem signed Senate Bill 74; the presentation covered what qualifies as a meeting, executive-session limits, and four types of conflicts of interest and related disclosure and disqualification rules.
City staff reviewed recent state changes and the city's conflict-of-interest policy at the commission's request, explaining how the new law affects local practice and what officials must disclose.
Jamieson told the commission that Gov. Kristi Noem recently signed Senate Bill 74, which requires municipalities and other political subdivisions to review open meeting laws. He said the law likely takes effect after July 1 and the city plans to comply.
Jamieson summarized open meeting principles and described a broad definition of what constitutes a meeting under state law: regular and special meetings, teleconference/Zoom sessions, and even certain email chains when a quorum of members participates. He said the city is taking steps to expand access, including starting Facebook Live broadcasts for commission meetings.
He explained executive session rules under SDCL 1-25-2 and said the commission most commonly uses executive session for employee evaluation, legal counsel consultation on contracts or litigation, and union negotiation preparation. Jamieson emphasized that no binding action can be taken in executive session; any required vote must occur in open session.
Jamieson also outlined four conflict categories discussed in state law: direct pecuniary, indirect pecuniary, direct personal and indirect personal interests. He said a direct pecuniary conflict requires a member to withdraw from voting; other conflicts may be handled by voluntary abstention or, if the commission objects, a two-thirds vote to disqualify the member from that specific item. He recommended members disclose conflicts on the record before discussion. "If you have a conflict, you should state it to the board on the record before any discussion or action is required," Jamieson said.
Commissioners and staff said they plan to review the open meeting material annually and that the city's commission policies and procedures (approved in 2024) already include much of the guidance Jamieson summarized. Jamieson invited public questions and noted the materials are available in the meeting packet and on the city's website.
