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City attorney reviews open-meetings and records rules; council reminded to avoid email deliberations
Summary
A city-attorney briefing reviewed state open-meetings and open-records statutes, executive-session rules, and cautioned councilors about email chains that could constitute an illegal meeting.
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Sam Nelson, the city attorney filling in for Tom Freiberg, reviewed South Dakota's open-meetings and open-records laws and advised the council on common pitfalls and compliance steps. Nelson summarized SDCL 1-25-1 (open meetings), SDCL 1-25-2 (reasons for executive session) and SDCL 1-27 (open records), and noted the legislature recently added SDCL 1-25-13 requiring an annual review of the attorney general's guide on open meetings. He emphasized the need to post agendas at least 24 hours in advance on the city website and in the office and warned that failing to provide notice could render actions null and void. The attorney explained executive sessions are permitted for specific reasons (personnel, legal counsel, contract negotiations, marketing and public-safety information) but cautioned that votes cannot be taken in executive session. He also stressed that email chains that reach a quorum discussing official business risk violating open-meeting rules and that recording by the public must be allowed unless it becomes disorderly. Council members asked procedural questions about notice, recording, and how to handle last-minute agenda changes; the attorney recommended making changes sparingly and documenting reasons when exigent changes are required.

