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HomeMy WebLinkAbout2025_09_16 CC PacketCity Council City of Brookings Meeting Agenda - Final Brookings City Council Brookings City & County Government Center 520 3rd St., Suite 230 Brookings, SD 57006 Phone: (605) 692-6281 "We are an inclusive, diverse, connected community that fuels the creative class, embraces sustainability and pursues a complete lifestyle. We are committed to building a bright future through dedication, generosity and authenticity. Bring your dreams!" Community Room (Room 300)6:00 PMTuesday, September 16, 2025 Study Session The City of Brookings is committed to providing a high quality of life for its citizens and fostering a diverse economic base through innovative thinking, strategic planning, and proactive, fiscally responsible municipal management. 6:00 PM STUDY SESSION 1. Call to Order / Pledge of Allegiance. 2. Record of Council Attendance. 3. Action to approve the agenda. 4. Open Forum. At this time, any member of the public may make a brief announcement or invitation, or request time on the agenda for an item not listed. Items to be added to the agenda will be scheduled at the end of the meeting. Individuals will state their name and city of residence for the record. Public Comment is limited to a maximum of three minutes per person. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Review of South Dakota Open Meetings LawsID 25-04055. Memo Senate Bill 74 Open Meetings Laws Brochure Presentation Attachments: Discussion on House Bill 1130, permissible dates for municipal elections.ID 25-04066. Page 1 City of Brookings September 16, 2025City Council Meeting Agenda - Final Memo House Bill 1130 Presentation Historical Election Data 1st Class Municipalities Data Attachments: 7. City Council member introduction of topics for future discussion. Any Council Member may request discussion of any topic at a future meeting. Items cannot be added for action at this meeting. A motion and second is required which states the topic, requested outcome, and time frame. A majority vote is required. 8. Adjourn. Brookings City Council: Oepke G.Niemeyer, Mayor; Nick Wendell, Deputy Mayor Council Members Wayne Avery, Holly Tilton Byrne, Bonny Specker, Brianna Doran, Lisa Hager Brookings City Council Staff: Paul M. Briseno, City Manager Bonnie Foster, City Clerk J. Vincent Jones, Attorney-at-Law, Woods, Fuller, Shultz and Smith P.C. Public Comment is limited to a maximum of three minutes per person. Individuals will give their name and city of residence for the record. Public Comment may be submitted prior to the meeting by the following means: 1) Email comments to the City Clerk (cityclerk@cityofbrookings-sd.gov), or 2) participate remotely. Comments provided will become part of the official record and subject to review by all parties and the public. The comments and views expressed by the public are those of the speakers and do not necessarily reflect the views or positions of the City of Brookings or City Council. Meetings are broadcast live and recorded. Go to www.cityofbrookings-sd.gov for more information. Government Channel Rebroadcast Schedule: Wednesday 1:00 pm / Thursday 7:00 pm / Friday 9:00 pm / Saturday 1:00 pm (Swiftel Channel 20 / MediaCom Channel 9) Upon request, accommodations for meetings will be provided for persons with disabilities. Please contact the City ADA Coordinator at (605) 692-6281 at least three (3) business days in advance of the meeting. Page 2 City of Brookings City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0405,Version:1 Review of South Dakota Open Meetings Laws Summary and Recommended Action: Senate Bill 74 requires all public bodies of the state and its political subdivisions to hold an annual review of South Dakota Open Meetings Laws. Attachments: Memo Senate Bill 74 Open Meetings Laws Brochure Presentation City of Brookings Printed on 9/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: September 16, 2025 Subject: SD Open Meetings Laws Review Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: Senate Bill 74 requires all public bodies of the state and its political subdivisions to hold an annual review of South Dakota Open Meetings Laws. Item Details: Senate Bill 74 requires all public bodies of the state and its political subdivisions to hold an annual review of South Dakota Open Meetings Laws. The City Clerk will provide an informative presentation to the City Council and public on SD Open Meetings Laws. This is a now-required annual review. All City boards and commissions will receive this presentation. South Dakota Open Meetings Laws can be found in State Statute 1 -25. Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innova tion and outstanding service through listening and engagement. Financial Consideration: None. Supporting Documentation: Senate Bill 74 Open Meetings Laws Brochure Presentation 25.119.20 100th Legislative Session 74 2025 South Dakota Legislature Senate Bill 74 --- ENROLLED AN ACT ENTITLED An Act to require the publication and review of an explanation of the open meeting laws of this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 1-11-1 be AMENDED: 1-11-1. It is the duty of the attorney general: (1) To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the Supreme Court, in which the state shall be interested as a party; (2) When requested by the Governor or either branch of the Legislature, or whenever, in the judgment of the attorney general, the welfare of the state demands, to appear for the state and prosecute or defend, in any court or before any officer, any cause or matter, civil or criminal, in which the state may be a party or interested; (3) To attend to all civil cases remanded by the Supreme Court to the circuit court, in which the state shall be a party or interested; (4) To prosecute, at the request of the Governor, state auditor, or state treasurer, any official bond or contract in which the state is interested, upon a breach thereof, and to prosecute or defend for the state all actions, civil or criminal, relating to any matter connected with either of their departments; (5) To consult with, advise, and exercise supervision over the several state's attorneys of the state in matters pertaining to the duties of their office, and the attorney general shall be authorized and it is made the duty of the office, whenever in the attorney general's judgment any opinion written by the attorney general will be of general interest and value, to mail either written or printed copies of such opinion to the auditor-general and to every state's attorney and county auditor in the state; (6) When requested, to give an opinion in writing, without fee, upon all questions of law submitted to the attorney general by the Legislature or either branch thereof, or by the Governor, auditor, or treasurer; (7) When requested by the state auditor, treasurer, or commissioner of school and public lands, to prepare proper drafts for contracts, forms, and other writings, which may be wanted for use of the state; (8) To report to the Legislature, or either branch thereof, whenever requested, upon any business relating to the duties of the office; (9) To prosecute state officers who neglect or refuse to comply with the provisions of statutes of this state prohibiting officers of the state from accepting any money, fee, or perquisite other than salary for performance of duties connected with the office or paid because of holding such office and the statute requiring issue and delivery and filing of prenumbered duplicate receipts and accounting for money received for the state; (10) To pay into the state treasury all moneys received by the attorney general, belonging to the state, immediately upon the receipt thereof; (11) To prosecute any criminal action that was committed by an inmate under confinement in a facility operated by the Department of Corrections; (12) To attend to and perform any other duties which may from time to tim e be required by law; and (13) To publish an explanation of the open meeting laws of this state, as found in chapter 1-25, on the attorney general's website each year before January first. Section 2. That a NEW SECTION be added to chapter 1-25: Any agency, as defined in § 1-26-1, or political subdivision of this state, that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25- 1.3 must annually review the following, during an official meeting of the agency or subdivision: (1) The explanation of the open meeting laws of this state published by the attorney general, pursuant to § 1-11-1; and (2) Any other material pertaining to the open meeting laws of this state provided by the attorney general. The agency or subdivision must include in the minutes of the official meeting an acknowledgement that the review was completed. An Act to require the publication and review of an explanation of the open meeting laws of this state. I certify that the attached Act originated in the: Senate as Bill No. 74 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 74 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State Legislative Research Council 500 East Capitol Avenue | Pierre, SD 57501 © 2025 - SD Legislative Research Council LRC Homepage | SD Homepage Press Releases | LRC Staff | Contact Us | Disclaimer Conducting the Public's Business in Public A guide to South Dakota’s Open Meetings Laws (Revised 2025) Prepared by: S.D. Attorney General’s Offi ce in partnership with the S.D. NewsMedia Association Published by: South Dakota NewsMedia Association 1125 32nd Ave. Brookings, SD 57006 and any person that has made a written request for such determinations. If the commission fi nds a violation of this chapter, the commission shall issue a public reprimand to the off ending offi cial or governmental entity. However, no violation found by the commission may be subsequently prosecuted by the state’s attorney or the attorney general. All fi ndings and public censures of the commission shall be public records pursuant to § 1-27-1. Sections 1-25-6 to 1-25-9, inclusive, are not subject to the provisions of chapter 1-26. 1-25-8. OMC Members. The South Dakota Open Meeting Commission is comprised of fi ve state's attorneys or deputy state's attorneys appointed by the attorney general. Each commissioner serves at the pleasure of the attorney general. The members of the commission shall choose a chair of the commission annually by majority vote. 1-25-12. DEFINITIONS. Terms used in the open meetings laws mean: (1) "Offi cial meeting," any meeting of a quorum of a public body at which offi cial business or public policy of that public body is discussed or decided by the public body, whether in person or by means of teleconference or electronic means, including electronic mail, instant messaging, social media, text message, or virtual meeting platform, provided the term does not include communications solely to schedule a meeting or confi rm attendance availability for a future meeting; (2) "Political subdivision," any association, authority, board, municipality, commission, committee, council, county, school district, task force, town, township, or other local governmental entity, which is created by statute, ordinance, or resolution, and is vested with the authority to exercise any sovereign power derived from state law; (3) "Public body," any political subdivision or the state; (4) "State," each agency, board, commission, or department of the State of South Dakota, not including the Legislature; and (5) "Teleconference," an exchange of information by any audio, video, or electronic medium, including the internet. 1-25-13. ANNUAL REVIEW OF OPEN MEETING LAWS. Any agency, as defi ned in § 1-26-1, or political subdivision of this state, that is required to provide public notice of its meetings pursuant to § 1-25-1.1 or 1-25-1.3 must annually review the following, during an offi cial meeting of the agency or subdivision: (1) The explanation of the open meeting laws of this state published by the attorney general, pursuant to § 1-11-1; and (2) Any other material pertaining to the open meeting laws of this state provided by the attorney general. The agency or subdivision must include in the minutes of the offi cial meeting an acknowledgement that the review was completed. 1-27-1.16. MEETING PACKETS AND MATERIALS. If a meeting is required to be open to the public pursuant to § 1-25-1 and if any printed material relating to an agenda item of the meeting is prepared or distributed by or at the direction of the governing body or any of its employees and the printed material is distributed before the meeting to all members of the governing body, the material shall either be posted on the governing body’s website or made available at the offi cial business offi ce of the governing body at least twenty-four hours prior to the meeting or at the time the material is distributed to the governing body, whichever is later. If the material is not posted to the governing body’s website, at least one copy of the printed material shall be available in the meeting room for inspection by any person while the governing body is considering the printed material. However, the provisions of this section do not apply to any printed material or record that is specifi cally exempt from disclosure under the provisions of this chapter or to any printed material or record regarding the agenda item of an executive or closed meeting held in accordance with § 1-25-2. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to printed material, records, or exhibits involving contested case proceedings held in accordance with the provisions of chapter 1-26. 1-27-1.17. DRAFT MINUTES. The unapproved, draft minutes of any public meeting held pursuant to § 1-25-1 that are required to be kept by law shall be available for inspection by any person within ten business days after the meeting. However, this section does not apply if an audio or video recording of the meeting is available to the public on the governing body’s website within fi ve business days after the meeting. A violation of this section is a Class 2 misdemeanor. However, the provisions of this section do not apply to draft minutes of contested case proceedings held in accordance with the provisions of chapter 1-26. 1-27-1.18. WORKING GROUP REPORTS. Any fi nal recommendations, fi ndings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the defi nition of a political subdivision or public body pursuant to § 1-25-1, but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any offi cial action on the recommendations, fi ndings, or reports until the next meeting of the governing body. Page 8 Q: WHAT ARE SOUTH DAKOTA'S OPEN MEETINGS LAWS? A: South Dakota's open meetings laws embody the principle that the public is entitled to the greatest possible information about public aff airs and are intended to encourage public participation in government. SDCL Ch. 1-25 requires that offi cial meetings of public bodies must be public and advance notice is to be given of such meetings. The statutes defi ne an "offi cial meeting" as one where a quorum of the public body is present and at which offi cial business or public policy of the body is discussed or decided. Openness in government is encouraged. Q: WHO DOES THE OPEN MEETINGS LAWS APPLY TO? A: The open meetings laws apply to all public bodies of the state and its political subdivisions. SDCL 1-25-1, 1-25-12(3). This includes cities, counties, school boards and other public bodies created by ordinance or resolution, such as appointed boards, task forces, and committees, so long as they have authority to exercise sovereign power. SDCL 1-25-12(2). Although no court decisions have been issued on the subject, this probably does not include bodies that serve only in an advisory capacity. The State Constitution allows the Legislature and the Unifi ed Judicial System to create rules regarding their own separate functions. Q: ARE TELECONFERENCES CONSIDERED PUBLIC MEETINGS? A: Yes. The open meetings laws allow meetings, including executive or closed meetings, to be conducted by teleconference – defi ned as an exchange of information by audio, video, or electronic means (including the internet) – if a place is provided for the public to participate. SDCL 1-25-1.5, 1-25-12(5). In addition, for teleconferences where less than a quorum of the public body is present at the location open to the public, arrangements must also be made for the public to listen by telephone or internet (except for portions of meetings properly closed for executive sessions). SDCL 1-25-1.6. The media and public must be notifi ed of teleconference meetings under the same notice requirements as any other meeting. Q: HOW ARE THE PUBLIC AND MEDIA NOTIFIED WHEN PUBLIC BUSINESS IS BEING DISCUSSED? A: SDCL 1-25-1.1 requires that all political subdivisions (except the state and its boards, commissions, or departments as provided in § 1-25-1.3) prominently post a notice and copy of the proposed agenda at the political subdivision’s principal offi ce. At a minimum, the proposed agenda must include the date, time, and location of the meeting and must be visible, readable, and accessible to the public for 24 continuous hours immediately preceding the meeting. Also, if the political subdivision has its own website, the notice must be posted on the website upon dissemination of the notice. For special or rescheduled meetings, political subdivisions must comply with the regular meeting notice requirements as much as circumstances permit. The notice must be delivered in person, by mail, by email, or by telephone to all local news media who have asked to be notifi ed. It is good practice for local media to renew requests for notifi cation of special or rescheduled meetings at least annually. SDCL 1-25-1.3 varies slightly from SDCL 1-25-1.1 and requires the State and it’s agencies, boards, commissions, or departments to give notice by posting a proposed agenda at least 72 continuous hours before a meeting is scheduled to start (this does not include any weekend or legal holiday). The State is also required to give notice of a public meeting by posting its proposed agenda on http:// boardsandcommissions.sd.gov. Page 2 1-25-2. EXECUTIVE SESSION. Executive or closed meetings may be held for the sole purposes of: (1) Discussing the qualifi cations, competence, performance, character or fi tness of any public offi cer or employee or prospective public offi cer or employee. The term, employee, does not include any independent contractor; (2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association; (3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; (4) Preparing for contract negotiations or negotiating with employees or employee representatives; (5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business; or (6) Discussing information pertaining to the protection of public or private property and any person on or within public or private property specifi c to: (a) Any vulnerability assessment or response plan intended to prevent or mitigate criminal acts; (b) Emergency management or response; (c) Public safety information that would create a substantial likelihood of endangering public safety or property, if disclosed; (d) Cyber security plans, computer, communications network schema, passwords, or user identifi cation names; (e) Guard schedules; (f) Lock combinations; (g) Any blueprint, building plan, or infrastructure record regarding any building or facility that would expose or create vulnerability through disclosure of the location, confi guration, or security of critical systems of the building or facility; and (h) Any emergency or disaster response plans or protocols, safety or security audits or reviews, or lists of emergency or disaster response personnel or material; any location or listing of weapons or ammunition; nuclear, chemical, or biological agents; or other military or law enforcement equipment or personnel. However, any offi cial action concerning the matters pursuant to this section shall be made at an open offi cial meeting. An executive or closed meeting must be held only upon a majority vote of the members of the public body present and voting, and discussion during the closed meeting is restricted to the purpose specifi ed in the closure motion. Nothing in § 1-25-1 or this section prevents an executive or closed meeting if the federal or state Constitution or the federal or state statutes require or permit it. A violation of this section is a class 2 misdemeanor. 1-25-6. DUTY OF STATE’S ATTORNEY. If a complaint alleging a violation of chapter 1-25 is made pursuant to § 23A-2-1, the state’s attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. Upon doing so, the state’s attorney shall send a copy of the complaint and any investigation fi le to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or (3) Send the complaint and any investigation fi le to the South Dakota Open Meetings Commission for further action. 1-25-6.1. DUTY OF STATE’S ATTORNEY (COUNTY COMMISSION ISSUES). If a complaint alleges a violation of this chapter by a board of county commissioners, the state’s attorney shall take one of the following actions: (1) Prosecute the case pursuant to Title 23A; (2) Determine that there is no merit to prosecuting the case. The attorney general shall use the information for statistical purposes and may publish abstracts of the information as provided by § 1-25-6; (3) Send the complaint and any investigation fi le to the South Dakota Open Meetings Commission for further action; or (4) Refer the complaint to another state’s attorney or to the attorney general for action pursuant to § 1-25-6. 1-25-7. REFERRAL TO OMC. Upon receiving a referral from a state’s attorney or the attorney general, the South Dakota Open Meetings Commission shall examine the complaint and investigatory fi le submitted by the state’s attorney or the attorney general and shall also consider signed written submissions by the persons or entities that are directly involved. Based on the investigatory fi le submitted by the state’s attorney or the attorney general and any written responses, the commission shall issue a written determination on whether the conduct violates this chapter, including a statement of the reasons therefor and fi ndings of fact on each issue and conclusions of law necessary for the proposed decision. The fi nal decision shall be made by a majority of the commission members, with each member’s vote set forth in the written decision. The fi nal decision shall be fi led with the attorney general and shall be provided to the public entity and or public offi cer involved, the state’s attorney, Page 7 1-25-1. OPEN MEETINGS. An offi cial meeting of a public body is open to the public unless a specifi c law is cited by the public body to close the offi cial meeting to the public. It is not an offi cial meeting of one public body if its members provide information or attend the offi cial meeting of another public body for which the notice requirements of § 1-25-1.1 or 1-25-1.3 have been met. It is not an offi cial meeting of a public body if its members attend a press conference called by a representative of the public body. For any event hosted by a nongovernmental entity to which a quorum of the public body is invited and public policy may be discussed, but the public body does not control the agenda, the public body may post a public notice of a quorum, in lieu of an agenda. The notice of a quorum must meet the posting requirements of § 1-25-1.1 or 1-25- 1.3 and must contain, at a minimum, the date, time, and location of the event. The public body shall reserve at every offi cial meeting a period for public comment, limited at the public body's discretion as to the time allowed for each topic and the total time allowed for public comment, but not so limited as to provide for no public comment. Public comment is not required at an offi cial meeting held solely for the purpose of meeting in executive session, an inauguration, presentation of an annual report to the public body, or swearing in of a newly elected offi cial, regardless of whether the activity takes place at the time and place usually reserved for an offi cial meeting. If a quorum of township supervisors, road district trustees, or trustees for a municipality of the third class meets solely for purposes of implementing previously publicly adopted policy; carrying out ministerial functions of that township, district, or municipality; or undertaking a factual investigation of conditions related to public safety; the meeting is not subject to the provisions of this chapter. A violation of this section is a Class 2 misdemeanor. 1-25-1.1. PUBLIC NOTICE OF POLITICAL SUBDIVISIONS. Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire, continuous twenty-four hours immediately preceding any offi cial meeting, by posting a copy of the notice, visible to the public, at the principal offi ce of the political subdivision holding the meeting. The proposed agenda shall include the date, time, and location of the meeting. The notice shall also be posted on the political subdivision's website upon dissemination of the notice, if a website exists. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, each political subdivision shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor. 1-25-1.3. PUBLIC NOTICE OF STATE. The state shall provide public notice of a meeting by posting a copy of the proposed agenda at the principal offi ce of the board, commission, or department holding the meeting. The proposed agenda shall include the date, time, and location of the meeting, and be visible, readable, and accessible to the public. The agenda shall be posted at least seventy-two hours before the meeting is scheduled to start according to the agenda. The seventy-two hours does not include Saturday, Sunday, or legal holidays. The notice shall also be posted on a state website, designated by the commissioner of the Bureau of Finance and Management. For any special or rescheduled meeting, the information in the notice shall be delivered in person, by mail, by email, or by telephone, to members of the local news media who have requested notice. For any special or rescheduled meeting, the state shall also comply with the public notice provisions of this section for a regular meeting to the extent that circumstances permit. A violation of this section is a Class 2 misdemeanor. 1-25-1.5. TELECONFERENCE MEETING. Any offi cial meeting may be conducted by teleconference. A teleconference may be used to conduct a hearing or take fi nal disposition regarding an administrative rule pursuant to § 1-26- 4. A member is deemed present if the member answers present to the roll call conducted by teleconference for the purpose of determining a quorum. Each vote at an offi cial meeting held by teleconference may be taken by voice vote. If any member votes in the negative, the vote shall proceed to a roll call vote. 1-25-1.6. TELECONFERENCE PARTICIPATION. At any offi cial meeting conducted by teleconference, there shall be provided one or more places at which the public may listen to and participate in the teleconference meeting. For any offi cial meeting held by teleconference, that has less than a quorum of the members of the public body participating in the meeting who are present at the location open to the public, arrangements shall be provided for the public to listen to the meeting via telephone or internet. The requirement to provide one or more places for the public to listen to the teleconference does not apply to offi cial meetings closed to the public pursuant to specifi c law. PERTINENT S.D. OPEN MEETINGS STATUTES (other specifi c provisions may apply depending on the public body involved) Page 6 Q: WHO ARE LOCAL NEWS MEDIA? A: There is no defi nition of “local news media” in SDCL ch. 1-25. “News media” is defi ned in SDCL 13- 1-57 generally as those personnel of a newspaper, periodical, news service, radio station, or television station regardless of the medium through which their content is delivered. The Attorney General is of the opinion that “local news media” is all news media – broadcast and print – that regularly carry news to the community. Q: IS A PUBLIC COMMENT PERIOD REQUIRED AT PUBLIC MEETINGS? A: Yes. Public bodies are required to provide at every offi cial meeting a period of time on their agenda for public comment. SDCL 1-25-1. Each public body has the discretion to limit public comment as to the time allowed for each topic commented on, and as to the total time allowed for public comment. Public comment is not required at meetings held solely for an executive session, inauguration, presentation of an annual report, or swearing in of elected offi cials. Q: CAN PUBLIC MEETINGS BE RECORDED? A: Yes, SDCL 1-25-11 requires public bodies to allow recording (audio or video) of their meetings if the recording is reasonable, obvious, and not disruptive. This requirement does not apply to those portions of a meeting confi dential or closed to the public. Q: WHEN CAN A MEETING BE CLOSED TO THE PUBLIC AND MEDIA? A: SDCL 1-25-2 allows a public body to close a meeting for the following purposes: 1) to discuss personnel issues pertaining to offi cers or employees; 2) consideration of the performance or discipline of a student, or the student’s participation in interscholastic activities; 3) consulting with legal counsel, or reviewing communications from legal counsel about proposed or pending litigation or contractual matters; 4) employee contract negotiations; 5) to discuss marketing or pricing strategies of a publicly-owned competitive business; or 6) to discuss information related to the protection of public or private property such as emergency management response plans or other public safety information. The statute also recognizes that executive session may be appropriate to comport with other laws that require confi dentiality or permit executive or closed meetings. Federal law pertaining to students and medical records will also cause school districts and other entities to conduct executive sessions or conduct meetings to refrain from releasing confi dential information. Meetings may also be closed by cities and counties for certain economic development matters. SDCL 9-34-19. Note that SDCL 1-25-2 and SDCL 9-34- 19 do not require meetings be closed in any of these circumstances. Any offi cial action based on discussions in executive session must, however, be made at an open meeting. Q: WHAT IS THE PROPER PROCEDURE FOR EXECUTIVE SESSIONS? A: Motions for executive sessions must refer to the specifi c state or federal law allowing for the executive session i.e. "pursuant to SDCL 1-25- 2(3).” Also, best practice to avoid public confusion would be that public bodies explain the reason for going into executive session. For example, the motion might state "motion to go into executive session pursuant to SDCL 1-25-2(1) for the purposes of discussing a personnel matter,” or “motion to go into executive session pursuant to SDCL 1-25-2(3) for the purposes of consulting with legal counsel.” Discussion in the executive session must be strictly limited to the announced subject. No offi cial votes may be taken on any matter during an executive session. The public body must return to open session before any offi cial action can be taken. Page 3 Q: WHAT HAPPENS IF THE MEDIA OR PUBLIC IS IMPROPERLY EXCLUDED FROM A MEETING OR OTHER VIOLATIONS OF THE OPEN MEETING LAWS OCCUR? A: Excluding the media or public from a meeting that has not been properly closed subjects the public body or the members involved to: (a) prosecution as a Class 2 misdemeanor punishable by a maximum sentence of 30 days in jail, a $500 fi ne or both; or (b) a reprimand by the Open Meeting Commission (“OMC”). The same penalties apply if the agenda for the meeting is not properly posted, or other open meeting violations occur. Also, action taken during any meeting that is not open or has not been properly noticed could, if challenged, be declared null and void. Q: HOW ARE ISSUES REFERRED TO THE OPEN MEETINGS COMMISSION (“OMC”)? A: Persons alleging violations of the open meetings laws must make their complaints with law enforcement offi cials in the county where the off ense occurred. After a signed and notarized complaint is made under oath, and any necessary investigation is conducted, the State's Attorney may: (a) prosecute the case as a misdemeanor; (b) fi nd that the matter has no merits and fi le a report with the Attorney General for statistical purposes; or (c) forward the complaint to the OMC for a determination. The OMC is comprised of fi ve State's Attorneys or Deputy State's Attorneys appointed by the Attorney General. The OMC examines whether a violation has occurred and makes written public fi ndings explaining its reasons. If you have questions on the procedures or status of a pending case, you may contact the Attorney General's Offi ce at 605-773-3215 to talk to an assistant for the OMC. Procedures for the OMC are posted on the website for the Offi ce of Attorney General. http://atg.sd.gov/. Q: WHAT DOES THE TERM “SOVEREIGN POWER” MEAN? A: The open meetings laws do not defi ne this term, but it generally means the power to levy taxes, impose penalties, make special assessments, create ordinances, abate nuisances, regulate the conduct of others, or perform other traditional government functions. The term may include the exercise of many other governmental functions. If an entity is unclear whether it is exercising “sovereign power” it should consult with legal counsel. Q: MAY AGENDA ITEMS BE CONSIDERED IF THEY ARE ADDED LESS THAN 24 HOURS BEFORE A MEETING? A: Proposed agendas for public meetings must be posted at least 24 hours in advance of the meeting. The purpose of providing advance notice of the topics to be discussed at a meeting is to provide information to interested members of the public concerning the governing body’s anticipated business. Typically, the public body adopts the fi nal agenda upon convening the meeting. At the time the fi nal agenda is adopted, the governing body may add or delete agenda items and may also change the order of business. See In re Yankton County Commission, Open Meetings Commission Decision # 20-03, December 31, 2020. New items cannot be added after the agenda has been adopted by the governing body. Public bodies are strongly encouraged to provide at least 24 hours’ notice of all agenda items so as to be fair to the public and to avoid dispute. For special or rescheduled meetings, public bodies are to comply to the extent circumstances permit. In other words, posting less than 24 hours in advance may be permissible in emergencies. Page 4 Q: ARE EMAIL DISCUSSIONS "MEETINGS" FOR PURPOSES OF THE OPEN MEETINGS LAWS? A: The defi nition of an "offi cial meeting" in SDCL 1-25-12(1) specifi cally includes meetings conducted by "electronic means, including electronic mail, instant messaging, social media, text message, or virtual meeting platform[.]" A quorum of a public body that discusses offi cial business of that body via electronic means is conducting an offi cial meeting for purposes of the open meetings laws. Electronic communications made solely for scheduling purposes do not fall within the defi nition of an offi cial meeting. Q: WHAT RECORDS MUST BE AVAILABLE TO THE PUBLIC IN CONJUNCTION WITH PUBLIC MEETINGS? A: SDCL 1-25-1.4 requires state boards, commissions, or departments to make public meeting materials available on http:// boardsandcommissions.sd.gov. SDCL 1-27-1.16 requires that any other public body must post meeting materials on the public body's website or make those materials available to the public at least twenty-four hours prior to the hearing or when made available to the members of the public body, whichever is later. Finally, SDCL 1-27-1.17 requires that draft minutes of public meetings must be made available to the public at the principal place of business for the public body within 10 business days after the meeting (or any audio and visual recording must be made available on the website for the public body within fi ve business days). These laws are in addition to any specifi c requirements for public bodies (i.e., publication requirements in state laws pertaining to cities, counties, or school districts). Enforcement of public records laws contained in SDCL Ch. 1-27 are handled by separate procedures found in SDCL 1-27-35, et. seq. rather than the open meeting procedures described above. Violations of SDCL 1-27-1.16 and 1-27-1.17 are also Class 2 misdemeanors. Q: WHAT REQUIREMENTS APPLY TO TASK FORCES, COMMITTEES AND WORKING GROUPS? A: Task forces and committees that exercise “sovereign power,” and are created by statute, ordinance, or proclamation are required to comply with the open meetings laws. SDCL 1-25-12(1). Task forces, committees, and working groups that are not created by statute, ordinance, or proclamation, or are advisory only, may not be subject to the open meetings laws, but are encouraged to comply to the extent possible when public matters are discussed. Ultimately, if such advisory task forces, committees and working groups present any reports or recommendations to public bodies, the public bodies must wait until the next meeting (or later) before taking fi nal action on the recommendations. SDCL 1-27-1.18. Q: ARE PUBLIC BODIES REQUIRED TO REVIEW THE OPEN MEETINGS LAWS? A: Public bodies must annually review an explanation of the open meetings laws provided by the Attorney General, along with any other material pertaining to the open meetings laws made available by the Attorney General. SDCL 1-25-13. Each public body must report in its minutes that the annual review of the open meetings laws was completed. Page 5 SD Open Meetings Laws Review as required by SB74 (2025) SD Open Meetings Laws Brochure •What are SD Open Meetings Laws? ‣Intended to encourage public participation in government ‣SDCL 1-25 requires: ‣Official meetings of public bodies must be public; and ‣Advance notice is to be given of such meetings. ‣Official Meetings definition ‣Where quorum of the public body is present; and ‣At which official business or public policy of the body is discussed or decided. ‣Teleconference – ‣exchange of information by any audio, video, electronic medium, including the internet SD Open Meetings Laws •Official Meetings ‣Not a public meeting if: ‣Members attending a press conference called by a representative of the public body. ‣Events hosted by a non-governmental entity to which a quorum of the public body is invited and public policy may be discussed, BUT the body does not control the agenda ‣Encourages the public body to post a Notice of Quorum, in lieu of an agenda. SD Open Meetings Laws •Meeting notifications (SDCL 1 -25-1.1) ‣Post a notice and copy of the proposed agenda ‣To include: date, time, location; and ‣Must be: visible, readable, accessible to the public for 24 continuous hours immediately preceding the meeting. ‣Website: must be posted on the website upon dissemination of the notice ‣https://cityofbrookings.legistar.com/calendar.aspx ‣Special / Rescheduled Meetings ‣Must comply with the regular meeting notice requirements as much as circumstances permit ‣Agenda Support Materials ‣Posted on the public body’s website ‣Make materials available to the public at least 24 hours prior to the hearing ‣Or when made available to the public body members --whichever is later. SD Open Meetings Laws •News Media ‣Defined as (SDCL 13-1-57): ‣Those personnel of a newspaper, periodical, news service, radio station, or television station regardless of the medium through which their content is delivered. ‣Attorney General Opinion: all news media –broadcast and print –that regularly carry news to the community. ‣News Media Notification ‣Delivered in person, by mail, by email, or by telephone ‣Provide to local news media who have asked to be notified SD Open Meetings Laws •Adding agenda items less than 24 hours before a meeting ‣Proposed agenda is a fluid document ‣Final Agenda ‣Public body adopts the final agenda upon convening the meeting ‣At the time the agenda is adopted, the governing body may add or delete agenda items, and may also change the order of business. ‣New items cannot be added after the public body adopts the agenda. SD Open Meetings Laws •Public Comment Period (SDCL 1 -25-1) ‣Required to provide at every official meeting ‣Public Body has discretion to limit public comment as to: ‣Time allowed for each topic commented on. ‣Total time allowed for public comment. ‣Not required at meetings held solely for an executive session, inauguration, presentation of an annual report, or swearing in of elected officials. SD Open Meetings Laws •Recording Meetings (SDCL 1 -25-11) ‣Public bodies are required to allow recording (audio or visual) ‣Must be: reasonable, obvious, and not disruptive ‣Does not apply to those portions of a meeting which are confidential or closed to the public SD Open Meetings Laws •Closed Meetings / Executive Session (SDCL 1-25-2) ‣Only allowed to the following purposes: ‣1) discuss personnel issues pertaining to officers or employees ‣2) consideration of the performance or discipline of a student, or the student’s participation in interscholastic activities ‣3) consulting with legal counsel, or reviewing communications from legal counsel about proposed or pending litigation or contractual matters ‣4) employee contract negotiations ‣5) to discuss marketing or pricing strategies of a publicly -owned competitive business ‣6) to discuss information related to the protection of public or private property such as emergency management response plans or other public safety information ‣7) Executive Session may be appropriate to comport with other laws that require confidentiality or permit executive or closed meetings. SD Open Meetings Laws •Closed Meetings / Executive Session ‣Additional exception: ‣Meetings may also be closed by cities and counties for certain economic development matters (SDCL9-34-19) •SDCL 9-34-19.Exemption of documentary material and data involving trade secrets,etc.from disclosure-- Consideration in executive session. •Any documentary material or data compiled or received by a municipal corporation,county,or an economic development corporation receiving municipal or county funds,for the purpose of furnishing assistance to a business,to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business,is not a public record.Any discussion or consideration of such trade secrets or commercial or financial information by a municipal corporation or county may be done in executive session closed to the public. •Source:SL 1998,ch 48,§1;SL 2004,ch 77,§1. SD Open Meetings Laws Questions? SD Open Meetings Laws City of Brookings Staff Report Brookings City & County Government Center, 520 Third Street Brookings, SD 57006 (605) 692-6281 phone (605) 692-6907 fax File #:ID 25-0406,Version:1 Discussion on House Bill 1130, permissible dates for municipal elections. Summary and Recommended Action: The passage of HouseBill1130 will impact the Municipal Election date. The City Council will review HB1130. Attachments: Memo HB1130 Presentation Historical Election Data City of Brookings Printed on 9/17/2025Page 1 of 1 powered by Legistar™ City Council Agenda Item Memo From: Bonnie Foster, City Clerk Council Meeting: September 16, 2025 Subject: Discussion: Municipal Election Date Presenter: Bonnie Foster, City Clerk Summary and Recommended Action: The passage of House Bill1130 will impact the Municipal Election date. The City Council will review House Bill 1130. Item Details: The 2025 SD Legislative Session approved House Bill 1130, an Act to provide permissible dates for municipal and school district elections. The City Council needs to identify the 2026 Election Date by January 14, 2026: 1) First Tuesday after the first Monday in June; OR 2) First Tuesday after the first Monday in November City of Brookings Code does not identify any specific requirements for Elections; therefore, the City of Brookings follows State Statutes. Effective January 1, 2026, House Bill 1130 requires the following: Section 11. That § 9-13-37 be AMENDED: 9-13-37. Any other provision of this chapter notwithstanding, the governing body of a municipality shall, in even-numbered years, hold the general municipal election in conjunction with the regular June primary election or the regular November general election. The expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of county commissioners involved. Section 2. That § 9-13-1.1 be AMENDED: 9-13-1.1. Any other provision of this chapter notwithstanding, the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election must be approved by the board of the school district and must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. The Brookings School District disclosed a preference for the June election date. The Brookings County Finance Office disclosed a preference for the November election date. The South Dakota Secretary of State has provided an update on codified laws: https://sdsos.gov/elections- voting/assets/2025%20Documents/2025%20Election%20Code.pdf . Legal Consideration: None. Strategic Plan Consideration:  Safe, Inclusive, Connected Community – The City of Brookings will create an environment for inclusive programs, gathering places, and events where the community can safely live, work and come together to participate in opportunities for learning, recreation and enjoyment.  Service and Innovation Excellence – The City of Brookings will provide an accessible environment committed to ongoing innovation and outstanding service through listening and engagement. Financial Consideration: Potential increase in annual election costs. Supporting Documentation: Memo HB1130 Presentation Historical Election Data 1st Class Municipalities Data 25.237.19 100th Legislative Session 1130 2025 South Dakota Legislature House Bill 1130 ENROLLED A A ENTITLED An Act to provide permissible dates for municipal and school district elections. B L S S D: Section 1. That § 9-13-1 be AMENDED: 9-13-1. In each municipality an election of officers must be held each year on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, at a place in each ward of the municipality designated by the governing body of the municipality. The governing body shall establish the date of the annual election by January fourteenth of the election year. The polls at the election must be kept open continuously from seven a.m. until seven p.m. Section 2. That § 9-13-1.1 be AMENDED: 9-13-1.1. Any other provision of this chapter notwithstanding, the governing body of a municipality may, in odd-numbered years, choose to hold a general municipal election in conjunction with a regular school district election. The combined election must be approved by the board of the school district and must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. Expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of the school district. Section 3. That § 9-13-5 be AMENDED: 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 1/8 9-13-5. No election may be held in any municipality, or ward thereof, if: (1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and (2) No other question is to be submitted to the voters. The auditor or clerk shall issue certificates of election to the unopposed nominees, if any, in the same manner as to successful candidates after election. Section 4. That § 9-13-6 be AMENDED: 9-13-6. The finance officer of the municipality shall have a notice published in the official newspaper of the municipality setting forth the vacancies that will occur by termination of the terms of office of elective officers. The notice must also state the time and place where nominating petitions may be filed for the offices. The notice must be published once each week for two consecutive weeks between the fifteenth day and the thirtieth day of the month six months before the election. Section 5. That § 9-13-6.1 be AMENDED: 9-13-6.1. If more than one commissioner or alderman is to be elected for a like term, the governing body may, at least six months before the election, approve an ordinance requiring that candidates run for a specific position representing one of the incumbent seats. Section 6. That § 9-13-7 be AMENDED: 9-13-7. No candidate for elective municipal office may be nominated unless the candidate files a nominating petition with the finance officer no later than five p.m. on the Tuesday seventy days before the date of the election. A petition is considered filed if it is mailed by registered mail by five p.m. on the last day to file a petition. The petition must be on the form prescribed by the State Board of Elections and must contain: (1) The name of the candidate; (2) The candidate's residential address; (3) The candidate's mailing address, if applicable; and (4) The office the candidate seeks. If an individual who signs a petition lives within a second-class or third- class municipality, the individual may give the individual's post office box number in lieu of a street address. The finance officer may only accept a nominating petition that is on the prescribed form and was circulated and submitted pursuant to the provisions of 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 2/8 this chapter and chapter 12-6. The municipal finance officer or clerk shall verify by signature that the nominating petition contains the minimum number of signatures of registered voters within the municipality or ward, and that the candidate is a registered voter within the municipality or ward. Upon verification, the filing of a nominating petition constitutes nomination. Section 7. That § 9-13-9 be AMENDED: 9-13-9. If a candidate is to be elected at large in a first-class or second- class municipality, a nominating petition must be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less. If the candidate is to be elected for a ward of a first-class or second-class municipality that has more than one ward, a nominating petition must be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday of the month five months before the election, or fifty voters, whichever is less. If a candidate is to be elected at large in a third-class municipality, the nominating petition must be signed by not less than three registered voters of the municipality. If the candidate is to be elected for a ward of a third-class municipality having more than one ward, the nominating petition must be signed by not less than three registered voters of the ward. A registered voter in a municipality of the third class may sign more than one petition. A nominating petition may not be circulated more than four months before the election. Section 8. That § 9-13-14.1 be AMENDED: 9-13-14.1. Except as otherwise provided in this section, if a vacancy exists on a municipal governing body, the remaining members must appoint a replacement to serve until the next annual municipal election. The governing body may call a special election to fill the vacancy for the remainder of the unexpired term, as provided in § 9-13-14.2. In the aldermanic form of municipal government, the replacement must be an individual from the same ward of the municipality. Section 9. That § 9-13-25 be AMENDED: 9-13-25. Except as otherwise provided in this section, the person having the highest number of votes for any municipal office is elected. 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 3/8 The governing body of any municipality may, by ordinance enacted at least six months before the election, require a runoff election to be conducted pursuant to §§ 9-13-26.1 and 9-13-27.1. Section 10. That § 9-13-31 be AMENDED: 9-13-31. The governing body shall, within ten days of presentation, order and fix the date for holding a special election on a Tuesday between thirty and fifty days from the date of the order. If a petition is filed within six months of the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question of a successor must be submitted at that annual election. The governing body shall publish a notice of election in the same manner as provided in § 9-13-13. Section 11. That § 9-13-37 be AMENDED: 9-13-37. Any other provision of this chapter notwithstanding, the governing body of a municipality shall, in even-numbered years, hold the general municipal election in conjunction with the regular June primary election or the regular November general election. The expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of county commissioners involved. A nominating petition may not be circulated for signatures more than four months before the election. A nominating petition must be filed under the provisions of § 9-13-7 at least seventy days before the election. The finance officer shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the Thursday sixty-eight days before the election. Section 12. That a NEW SECTION be added to chapter 9-13: If a municipality schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified. If a municipality schedules an annual election on the first Tuesday after the first Monday in June to elect an office that was previously elected in November, the office holder who was elected in November must be entitled to complete the term of office to which the office holder was elected. 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 4/8 Section 13. That § 13-7-5 be AMENDED: 13-7-5. Between the fifteenth day and the thirtieth day of the month six months before the election, except in the case of the joint election as provided in § 13-7-10.1, the business manager of each school district shall publish once each week for two consecutive weeks in the official newspaper, a notice setting forth the vacancies that will occur by termination of the terms of the elective or appointive school board members. If the vacancies set forth in the notice exist within a new school board of a newly created school district pursuant to § 13-6-62, the county auditor of the county having jurisdiction over the election must publish the notice once each week for two consecutive weeks at least one month preceding the election. The notice must also state the time and place where nominating petitions for school board membership may be filed. Section 14. That § 13-7-6 be AMENDED: 13-7-6. No candidate for elective school board membership may be nominated unless the candidate is a resident voter of the school district and unless the candidate files a nominating petition with the business manager of the school district. The candidate must file the nominating petition no later than five p.m. on the Tuesday seventy days before the date of the election. The petition is considered timely filed if the petition is mailed by registered mail by five p.m. on the Tuesday seventy days before the date of the election. The candidate shall sign a formal declaration of candidacy before the circulation of the petition. The petition must be signed by at least twenty voters of the school district or if the school district is divided into school board representation areas, the petition must be signed by at least twenty voters who reside within the school board representation area. A nominating petition may not be circulated more than four months before the election. An individual who signs a petition or the petition circulator shall write the individual's place of residence and date of signing. The petition circulator must verify the petition under oath. The business manager shall verify by signature that the candidate is a resident voter of the school district and that the nominating petition contains the minimum number of signatures. Upon verification by the business manager, the filing of the nominating petition constitutes nomination and entitles the candidate to have the candidate's name placed on the ballot for the term the candidate specifies on the petition. Section 15. That § 13-7-9 be AMENDED: 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 5/8 13-7-9. No election may be held in a school district if: (1) The number of nominating petitions filed for each vacant position to be filled does not exceed the number of vacancies; and (2) No other questions are to be submitted to the voters. The business manager shall issue certificates of election to the unopposed nominees in the same manner as to successful candidates after election. Section 16. That § 13-7-10 be AMENDED: 13-7-10. Unless otherwise exempted by law, each school district must hold an annual election on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November, between the hours of seven a.m. and seven p.m. The school board shall select the date of the election by resolution no later than the first regular meeting after January first of each year. Voter registration, absentee voting, and procedures used in counting ballots must be in accordance with title 12, except as otherwise provided in this chapter. Section 17. That § 13-7-10.1 be AMENDED: 13-7-10.1. The board of a school district may, in odd-numbered years, choose to hold a school district election in conjunction with a regular municipal election. The combined election must be approved by the governing body of the municipality. The combined election must be held on the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November. The expenses and governmental responsibilities of a combined election must be shared in a manner agreed upon by the governing body of the municipality and the board of the school district. Section 18. That § 13-7-10.3 be AMENDED: 13-7-10.3. Any other provision of this chapter notwithstanding, the board of a school district shall, in even-numbered years, hold the school board election in conjunction with the regular June primary election or the regular November general election. Expenses of a combined election must be shared in a manner agreed upon by the school board and the boards of county commissioners involved. All other governmental responsibilities associated with holding elections under the provisions of title 12 and this chapter must be shared as agreed upon by the board of the school district and the boards of county commissioners involved. The school election official shall certify to the appropriate county 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 6/8 auditors the candidate names and ballot language to be voted on by the Thursday sixty-eight days before the election. Section 19. That a NEW SECTION be added to chapter 13-7: If the board of a school district schedules an annual election on the first Tuesday after the first Monday in November, each office holder whose term was to expire earlier in that year shall have the term extended until the office holder or another candidate for the office is duly elected and qualified. If the board of a school district schedules an annual election on the first Tuesday after the first Monday in June to elect an office that was previously elected in November, the office holder who was elected in November must be entitled to complete the term of office to which the office holder was elected. Section 20. That § 13-8-14 be AMENDED: 13-8-14. Any individual newly elected to the board of a school district shall qualify and assume membership at the first meeting of the school board following the canvas of the votes. An individual appointed to the board of a school district shall qualify and assume membership at the next meeting following the individual's appointment. Any individual elected or appointed to the board of a school district must take and subscribe to an oath or affirmation to support the laws and Constitution of the United States and this state and to faithfully perform the duties of school board membership. An individual elected or appointed to the board of a school district must file a bond if required by law and must have the bond approved. Section 21. That § 9-13-1.2 be REPEALED. Section 22. That § 9-13-40 be REPEALED. Section 23. That § 13-7-10.2 be REPEALED. Section 24. That § 13-7-10.4 be REPEALED. Section 25. This Act is effective beginning January 1, 2026. 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 7/8 An Act to provide permissible dates for municipal and school district elections. I certify that the attached Act originated in the: House as Bill No. 1130 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1130 File No. ____ Chapter No. ______ Received at th Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUT DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State 7/3/25, 11:11 AM 2025 House Bill 1130 | South Dakota Legislature https://sdlegislature.gov/Session/Bill/25591/284316 8/8 House Bill 1130 2026 Municipal Election City of Brookings Current Election details: •Council Members serve 3-year terms •3 / 2 / 2 election rotation •Annual Election held 2nd Tuesday of April •Annual Combined Election with the Brookings School District HB 1130 effective January 1, 2026. Election Date to be identified by January 14, 2026. City Council’s decisions - Determine 2026 Election Date •First Tuesday after the First Monday in June; OR •First Tuesday after the First Monday in November City Council’s Terms of Office •State Statute 9-13-41: extends the current elected officials’ term until the office holder or another candidate is duly elected and qualified. •Council Member Term start date / swearing in: •June 2, 2026 Election •Elected Official to be sworn in no later than 1st regular council meeting in July •November 4, 2026 Election •Elected Official to be sworn in no later than 1st regular council meeting in December Election details unknown •Administrative Election details to be determined at a later date: •Election Calendar, which includes: •Notices •Petition carrying / filing dates •Absentee voting timeframes •Also needed: •Clarification on verbiage “in conjunction with” –would this allow a Municipality / School Board to run a ‘mirror’ election alongside a June or November State or Federal Election. Election Data to Consider •Voter Turnout •Average: 2,500 •Voter Registration: 12,000 •Election Costs •Average: $21,000 Brookings County Results --General Election (November) Ballots Cast Registered Voters Voter Turnout 2018 11,870 18,417 64% 2020 14,745 19,685 75% 2022 12,605 20,292 62% 2024 15,255 21,587 71% Brookings County Results --Primary Election (June) Ballots Cast Registered Voters Voter Turnout 2018 3,386 17,845 19% 2020 4,490 18,590 24% 2022 6,344 19,776 32% 2024 2,608 20,696 13% Election Facts –June Primary •Potential shorter ballot. Local candidates more prominent. •Increase in number of ballot styles •Smaller voter turnout. •Voter Confusion --Independents and Democrats have not typically voted in June Primary Elections. •Candidate Forums –would be scheduled in May •New elected officials seated the first meeting of July. Seated at the start of the next year’s budget planning. Election Facts –November General •Potential longer ballot. •Election date well known by the public. •Everyone votes -highest voter turnout. •Fewer ballot styles than June Primary. •Local candidate costs to run could see significant increase. •Local candidate may have difficulty gaining name recognition in a crowded field against state / federal candidates and statewide ballot questions. •SDSU Students will be in town •Candidate Forums –would be scheduled in October •New elected officials seated the first meeting of December. Next year’s budget has been adopted by previous council. City Council’s decisions - Determine 2026 Election Date •First Tuesday after the First Monday in June; OR •First Tuesday after the First Monday in November Election date must be determined by January 14, 2026. QUESTIONS? Historical Data: Election Ballot Styles Utilized Brookings County Election data – • 2024 June – 6 ballot styles • 2024 November – 2 ballot styles • 2022 June – 15 ballot styles • 2022 November – 2 ballot styles • 2020 June – 4 ballot styles • 2020 November – 2 ballot styles Historical Data: Voter Turnout Election Date Election Type Ballots Cast Voter Registration Count % Voter Turnout April 8, 2025 City Council & School Board 2,702 18,105 15% April 9, 2024 Mayor & City Council & School Board 2,024 12,897 16% April 11, 2023 City Council & School Board No election held – incumbents ran unopposed April 12, 2022 City Council & School Board 3,199 13,512 23% April 13, 2021 Mayor & City Council & School Board 3,734 12,954 28% April 14, 2020 City Council & School Board 2,623 12,610 21% April 9, 2019 City Council 1,297 11,651 11% April 10, 2018 Mayor & City Council & School Board & School Tax Opt Out 3,694 12,457 30% Historical Data: Voter Turnout – Early / Absentee Election Date Election Type Ballots Cast Voter Registration Count % Voter Turnout April 8, 2025 City Council & School Board 2,702 18,105 15% April 9, 2024 Mayor & City Council & School Board 2,024 12,897 16% April 11, 2023 City Council & School Board No election held – incumbents ran unopposed April 12, 2022 City Council & School Board 3,199 13,512 23% April 13, 2021 Mayor & City Council & School Board 3,734 12,954 28% April 14, 2020 City Council & School Board 2,623 12,610 21% April 9, 2019 City Council 1,297 11,651 11% April 10, 2018 Mayor & City Council & School Board & School Tax Opt Out 3,694 12,457 30% Historical Data: Election Costs Election Date Election Date Election Costs April 8, 2025 City Council & School Board $23,296.08 (split btw City / School) April 9, 2024 Mayor & City Council & School Board $17,551.23 (City only paid) April 11, 2023 City Council & School Board No election held – incumbents ran unopposed April 12, 2022 City Council & School Board $19,648.74 (split btw City / School) April 13, 2021 Mayor & City Council & School Board $18,436.87 (split btw City / School) April 14, 2020 City Council & School Board $34,402.61 (election date was extended due to COVID 19) April 9, 2019 City Council $16,714.65 (City only paid) April 10, 2018 Mayor & City Council & School Board & School Tax Opt Out $20,962.09 (split btw City / School) 1st Class Municipalities - 2026 Elections Municipality Population Election Date Terms of Office 1 Belle Fourche 5,617 April 3 yrs - May no 2026 Election 2 Brookings 23,377 April 3 yrs - May no decision to-date 3 Harrisubrg 6,732 April 3 yrs - May no decision to-date 4 Spearfish 12,193 April 3 yrs - May no 2026 Election 5 Sturgis 7,100 April 3 yrs - May no 2026 Election 6 Tea 5,598 April 3 yrs - May no decision to-date 7 Yankton 15,411 April 3 yrs - May November 2026 selected 8 Huron 14,263 April 4 yrs - May no decision to-date 9 Madison 6,191 April 4 yrs - May June 2026 selected 10 Sioux Falls 192,517 April 4 yrs - May June 2026 selected 11 Pierre 14,091 June 2 yrs - July 12 Box Elder 11,746 June 3 yrs - July 13 Mitchell 15,660 June 3 yrs - July 14 Rapid City 74,703 June 3 yrs - July 15 Vermillion 11,695 June 3 yrs - July 16 Brandon 11,048 June 4 yrs - July 17 Watertown 22,655 June 4 yrs - July 18 Aberdeen 28,495 June 5 yrs - July