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County receives annual open-meetings law review and guidance on executive sessions

Minnehaha County Commission · October 21, 2025
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Summary

The county's chief civil deputy state's attorney reviewed attorney-general materials on open-meetings law: when meetings must be open, notice obligations, electronic communications risks, and rules governing executive sessions and teleconference voting.

Eric Bogue, chief civil deputy state's attorney, delivered the required annual review of open-meetings guidance prepared by the Attorney General’s Office.

Bogue emphasized the basic rule that official meetings of public bodies must be open unless a statute permits closure and reviewed what qualifies as an official meeting — namely a quorum discussing public business. He noted practical pitfalls: the need to post public notices, limits on electronic communications among a quorum, and the circumstances under which a public body may attend another body’s meeting without creating separate notice obligations.

On executive sessions, Bogue said the law requires the body to announce the statutory basis for closing the meeting before the motion and second. “When you go into an executive session… you’re required to announce in advance before the motion and the second…why you're going in, what subsection of law you're citing,” he said. He also discussed teleconferencing and recommended roll-call procedures in remote votes, particularly when a commissioner votes no.

Bogue made clear he was presenting Attorney General materials and was not offering legal advice. He thanked county staff for maintaining public notices and the county website. The review was presented as a briefing, not legal counsel specific to pending litigation or personnel actions.

What happens next: no action was required; the presentation satisfied an annual training requirement and staff will continue to follow posting and executive-session announcement procedures.