PIERRE, S.D. (South Dakota Searchlight /Joshua Haiar) – The Lincoln County Commission violated South Dakota’s open-meetings laws when three commissioners attended a November 2023 open house for a carbon dioxide pipeline without notifying the public, the state’s Open Meetings Commission decided Monday in Pierre.

Commissioners Mike Poppens, Jim Jibben and Joel Arends attended the gathering, which prompted a complaint. The Open Meetings Commission decided a public notice should have been issued because a quorum of the five-member commission was present at a gathering where public policy may have been discussed — in this case, a pipeline that’s been a matter of debate in the county for several years.

“You know, I don’t think it matters if public policy was or was not talked about when they were there,” said Open Meetings Commission member Austin Hoffman, the state’s attorney of McPherson County. “I don’t see that as the issue at all. It’s whether public policy ‘may’ be talked about.”

Hoffman said public policy is almost always discussed at such gatherings and that county commissioners should know better – particularly when the topic is something as controversial as the carbon pipeline project.

The Open Meetings Commission is a five-member body appointed by the state attorney general to consider complaints about government bodies around the state. Monday was the commission’s first meeting since December 2020, due to a long and unexplained period of inactivity during the administration of former Attorney General Jason Ravnsborg. Current Attorney General Marty Jackley said he has been working to build up a full roster of commission members and allowing time for a review of lingering cases.

The commission found violations in five of the six cases it considered Monday, which will result in written public reprimands against the offenders.

Bennett County Commission

The Open Meetings Commission ruled that a complaint against the Bennett County Board of Commissioners was a violation of open-meetings laws.

Board members failed to adequately notify the public before a meeting in July 2021 where they discussed and voted on a wage increase for an employee. The board took the action following a closed-door portion of the meeting, known as an executive session. It was not listed on the meeting agenda. That violated the state’s requirement for 24 hours of advance public notice.

That was the first complaint involving the Bennett County Board of Commissioners. Another called out the board’s failure to properly move into an executive session during a February 2023 meeting. The commissioners failed to cite the specific law authorizing the closed session and failed to obtain a second for the motion to enter the executive session. That was determined by the Open Meetings Commission to be a violation of state law.

Piedmont Board of Trustees

The Piedmont Board of Trustees violated the law in 2023 when it failed to post a meeting agenda on its website, per state law, which says the agenda must be posted on the website “if a website exists.”

North Sioux City Council

The North Sioux City Council violated state law by not publishing agendas at least 24 hours before meetings. A complaint filed by a resident cited several instances when the agenda was posted late.

No violation: City of Martin

Martin resident Robert Fogg alleged the Martin City Council violated state open meetings laws by not including specific agenda items related to the “Combining of City and County Law Departments” and the “Cozad Property” on the meeting’s publicly posted agenda in February 2023. State law mandates that agendas for public meetings must be posted at least 24 hours in advance, including all topics to be discussed.

Sara Frankenstein, an attorney representing the city, acknowledged the discussions but said “Law” and “Public Comments” were listed as broad categories on the agenda, providing sufficient notice for what ensued at the meeting. She argued that finding otherwise would restrict meaningful discussions among officials, a point the Open Meetings Commission found persuasive. The commission decided no violation occurred.

Another meeting is scheduled for Nov. 25 to hear complaints against the Carlyle Township in Beadle County, Pennington County Board of Commissioners, Sturgis City Council, City of Lead Commission, Green Valley Sanitary District in Pennington County, Charles Mix County Commission and Tripp City Council.

In a related story, a newly established Advisory Task Force Committee on Open Meetings Laws will hold its first meeting Tuesday, Nov. 25, in Pierre.

The task force is different than the South Dakota Open Meetings Commission, consisting of five states attorneys, which was established in 2004 to review and address alleged violations of the state’s open meetings laws. Attorney General Jackley said this 15-member group will discuss possible legislative amendments to the state’s current Open Meetings Laws.

“Government, funded by the taxpayers, should be transparent,” said Attorney General Jackley. “I have formed this task force made up of the news media, private organizations, and local government officials to improve our State’s Open Meetings Laws and to increase government transparency within our State.”

Members of the new task force are:

* Michael Smith – Clay County State’s Attorney

* Austin Hoffman – McPherson County State’s Attorney

* Karla Engle – Chief Legal Counsel for the South Dakota Dept. of Transportation

* Kirsten Jasper – Chief Legal Counsel for the South Dakota Dept. of Revenue

* Tracey Kelley – Custer County State’s Attorney

* Dylan Kirchmeier – Roberts County State’s Attorney

* Dave Bordewyk – South Dakota News Media Association

* Steve Willard – South Dakota Broadcasters Association

* Shane Roth – DeSmet School District Board President and Associated School Boards of South Dakota President

* Garret Bischoff – Huron School District Board Vice-President and Associated School Boards of South Dakota Immediate Past President

* Gray Lobe – Clay County Commissioner

* Cole Heisey – Minnehaha County Commissioner

* Kellen Willert – City Attorney for the City of Belle Fourche

* Terry Sletten – South Dakota Association of Towns and Townships Executive Director

* Jim Urban – South Dakota Association of Towns and Townships Board of Director Member

Tuesday’s meeting starts at 10 a.m. CST, both in person and on TEAMs. The in-person session takes place at the George S. Mickelson Criminal Justice Training Center, 1302 E. Hwy 1889, Pierre, SD, in the DCI Conference Room (second floor).