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South Dakota Open Meetings Commission issues reprimands, rescinds one Gary finding and continues related hearings
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Summary
At its April 27 meeting the South Dakota Open Meetings Commission approved multiple findings and reprimands for municipal open-meeting violations and voted to continue one Gary matter for further investigation and counsel participation after members questioned whether the facts and legal basis were sufficiently developed.
The South Dakota Open Meetings Commission met April 27 in Pierre and, after hearing oral presentations and reviewing stipulations, approved findings and reprimands in several municipal open-meeting complaints while deferring further action on one Gary matter for additional investigation.
Chair Michael Smith opened the meeting at 10 a.m. and established a quorum before commissioners approved the agenda and minutes. The commission considered four contested complaints and several stipulation-and-agreement offers submitted by local governments admitting to or addressing alleged open-meeting violations.
The commission accepted a stipulation and approved findings in the matter involving the Rapid City Area School District and in a Green Valley Sanitary District matter, after counsel described the recommended findings and commissioners offered no corrections. Counsel Beverly Katz read each stipulation aloud and noted the documents would be posted on the commission website for public record.
On complaints involving the City of Gary, the commission spent substantial time debating whether it has authority to enter into stipulation-and-agreement settlements and whether the admitted facts in one file constituted a statutory violation. Dual County State's Attorney Craig Evenson summarized the investigatory record, saying a sheriff's investigation showed three individuals were excluded from an open meeting and that the facts appeared not to be in dispute. Evenson told the commission he would "walk down the facts" for the record.
Complainant Rachel Hinsvark urged the commission to require concrete safeguards after the city admitted an executive-session confidentiality breach, saying the council should ensure "any non-board members . . . should vacate the building unless they have been expressly approved to remain," to avoid anyone being within earshot of confidential discussions.
Commissioner Austin Hoffman questioned whether the commission has authority to enter into stipulations and recommended using any submitted stipulation only as a basis for drafting the commission's own findings of fact and conclusions of law. After an initial vote to find a violation in one Gary matter, Hoffman moved to rescind that finding amid concerns the investigatory file and legal basis were not sufficiently developed; the rescission passed on a roll-call vote (4-1). The commission then reopened time for the complainant to present additional information before continuing the matter to allow the city's attorney to participate and for a fuller investigatory record to be assembled.
Separately, the commission found a violation and directed staff to draft findings and conclusions for a second Gary complaint using the parties' stipulation and reprimand. For the Eagan Board of Trustees matter the commission received a stipulation admitting failures to post an agenda at least 24 hours before the meeting and to publish minutes timely for a January meeting; commissioners discussed the possibility of additional alleged violations raised by complainants and opted to continue that matter to allow participation by local counsel and for any further investigatory materials to be submitted.
The commission found the Town of Hermosa violated SDCL 1-25-1.1 by holding aspects of business outside the posted agenda and voted to issue an appropriate reprimand, with members emphasizing that timely posting of agenda details is essential to allow public participation.
Chair Smith said the commission will publish stipulations and reprimands on its website and that some matters will return for further action after additional investigation or counsel participation. Commissioners discussed scheduling a task-force meeting in August to consider process improvements, including templated stipulations or standardized admissions to streamline future dockets.
The commission adjourned after setting tentative dates and next steps; several commissioners said they preferred consolidating hearings and refining procedures for resolving stipulated matters.
Next procedural steps: the commission will post the stipulations and reprimands as public records; the Gary 2026-01 matter will be continued to allow the city’s attorney to participate and for the investigatory file to be supplemented; the commission asked staff to draft findings of fact and conclusions of law where the commission had found violations or accepted admissions.
