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Planning commission reviews South Dakota open-meetings requirements after 2025 law change
Summary
The Box Elder Planning Commission heard an annual review of South Dakota open-meetings guidance, focusing on quorum rules, executive-session limits, agenda amendment timing and email-communication risks after a statutory update this year.
The Box Elder Planning Commission on Oct. 4, 2025 reviewed updated South Dakota open-meetings guidance and key compliance points following a change enacted this year.
Matt Noss, an attorney who led the commission's briefing, told members the legislature adopted a provision now codified in SDCL 1-25-13 and that the attorney general will provide an annual explanation to public bodies. "The minutes of tonight's meeting will reflect that we've gone over the attorney general's explanation of the open meetings laws," Noss said. He summarized the statutory definition of an official meeting (a quorum), the permissible statutory reasons for executive session, and the expectation that agendas be finalized within 24 hours prior to a meeting.
Noss emphasized routine pitfalls for local boards, including the risks of serial communications among a quorum. "If there is a back and forth regarding city business by a quorum of either this body or the city council ... that that's an official meeting," he said, and urged commissioners to avoid replying-all on email chains that include a quorum. A commissioner raised the possibility of walking quorums and reaching consensus by phone or text; a committee member said such informal coordination can present the same legal risk as a public meeting.
The presentation included practical examples — when a dinner or social event becomes an "official meeting" because a quorum attends and business is discussed, and the distinction between scheduling exchanges that do not discuss substantive business and exchanges that do. The attorney noted the packet provided to commissioners includes the attorney general's brochure and South Dakota statutes on open meetings for further guidance.
Commissioners had no further questions; the chair said the city council will also complete the required annual review and that the minutes will record the commission's review. The session concluded with no formal action other than the informational briefing.
