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District attorney briefs board on South Dakota open-meetings requirements
Summary
Sheila Woodward, the district attorney, reviewed state open-meeting requirements, executive-session rules and public-comment procedures at the Yankton School District 63-3 meeting.
Sheila Woodward, the school district attorney, told the Yankton School District 63-3 School Board that South Dakota law now requires every public board to review open-meetings rules annually and summarized key obligations for notice, agenda publication, public participation and executive sessions.
Woodward said the law requires agenda notice at least 24 hours before a meeting and that the district's practice of publishing the agenda on Friday for Monday meetings meets that requirement. She also noted that local media must receive meeting notice and that teleconference meetings require the same public-participation opportunities as in-person meetings.
On executive sessions, Woodward said boards must specify the legal reason for the session (for example, personnel, legal advice, contracts or public safety) and may discuss only that topic while in executive session; any formal action must be taken after the board returns to open session. She highlighted confidentiality protections around student records when personnel or student matters justify executive session.
Woodward cautioned that email communications involving a quorum discussing substantive matters are treated as a meeting and must follow notice rules; scheduling-only emails are the only routine exception. She described the complaint process for alleged violations: a verified complaint to the county state's attorney, possible referral to the state's open-meetings commission and potential sanctions, including a class 2 misdemeanor for willful violations. She noted that actions taken in violation of open-meetings law may be void.
Board members asked whether 24-hour notice must be in business hours; Woodward confirmed the statute specifies 24 hours without limiting to business hours. Members also discussed whether a conference with many board members on the same day requires notice; Woodward said notice of a potential quorum is prudent when public policy might be discussed and that she would follow up with guidance for the superintendent on trainings and quorum notice practice.
Woodward reiterated that the district's public-comment policy limits speakers to three minutes each and 15 minutes per topic, and that the district must provide an opportunity for public comment at every meeting.
