Moody County Commission Meetings: Open Public Sessions and Limited Executive Meetings

Video and Audio Recording of Public Meetings Moody County Commission May 20, 2025

Moody County Commission Meetings are Open Public Meetings SDCL 1-25-1 reads in relevant part, The official meetings of the state and its political subdivisions are open to the public unless a specific law is cited by the state or political subdivision to close the official meeting to the public. SDCL 1-25-1.1 reads in relevant part, Each political subdivision shall provide public notice, with proposed agenda, that is visible, readable, and accessible for at least an entire twenty-four hours immediately preceding any official meeting, by posting a copy of the notice, visible to the public, at the principal office of the political subdivision holding the meeting.

Moody County Commission Meetings are Open Public Meetings SDCL 1-25-1.1 further provides that the notice shall also be posted on the political subdivision s website upon dissemination of the notice, if a website exists. Moody County readily complies with these two statutes: Notice given at least 24 hours prior Notice to the public; Notice to the press; Doors open, publicly accessible space, opportunity for the public to attend, and participate.

Moody County Commission Holds Limited Executive Meetings SDCL 1-25-2 reads in relevant part as follows: Executive or closed meetings may be held for the sole purposes of: (1) Discussing Personnel; (3) Consulting with legal counsel or reviewing communication from legal counsel about proposed or pending litigation or contractual matters; (4) Preparing for contract negotiations or negotiating with employees; (5) Discussing information pertaining to the protection of public or private property under limited situations, ie. cybersecurity, disaster response.

Moody County Commission Holds Limited Executive Meetings Moody County s Commission does not regularly close its sessions to the public, and its use of executive meetings is not frequently used. Perhaps once or twice per month, and not multiple times per meeting.

Moody County Commission Proceedings Are Recorded for the Public SDCL 1-25-3 mandates the following: The state (applicable to counties, cities, townships) shall keep detailed minutes of the proceedings of all regular or special meetings. The minutes required in this section shall report how each individual member voted on any motion on which a roll call vote is taken. The minutes shall be available for inspection by the public at all times at the principal place of business of the board or commission. SDCL 1-27-42 identifies the county auditor as the custodian of the county s public records, and meeting minutes are a public record available to the public for review.

The Public May Record Moody County Commission Meetings SDCL 1-25-11 reads as follows: No public body may prevent a person from recording, through audio or video technology, an official meeting as long as the recording is reasonable, obvious, and not disruptive. This section does not apply to meetings closed to the public pursuant to specific law. Commissioner Doyle records the Moody County Commission meetings, and other parties are legally permitted to do so.

What if the Moody County Commission Records its Meetings Through Audio or Video? What is a Public Record? SDCL 1-27-1.1 Public Record Defined: includes all documents, regardless of physical form, of or belonging to this state, any county, municipality, commission, subunit, or committee of any of the foregoing. Data which is a public record in its original form remains a public record when maintained in any other form. Can a Video or Audio Recording be a Record? Yes, it can. SDCL 1-27-9(2) defines Record as a a document, book, paper, photograph photograph, sound recording sound recording, or other material or other material, regardless of physical form or characteristic, made ..in connection with the transaction of official business. all records records and

What if the Moody County Commission Records its Meetings Through Audio or Video? Would an audio or video recording created by the Moody County Commission constitute a record? Yes, it would generally be considered a local record under SDCL 1-27- 9(1), but it could also be a state record depending upon the transaction of the official business performed by the commission. Example: video or audio recordings of the county commission dealing with South Dakota DOT matters (discussing and ratifying bridge agreements). SDCL 1-27-9(4) clearly treats documents from a state department (SD DOT) as a state record , and a video or audio recording created by the Moody County Commission dealing with that document (ie. transacting official business) would now be a state record.

What if the Moody County Commission Records its Meetings Through Audio or Video? So what would the Moody County Commission need to do with the audio or video recordings that it has created? SDCL 1-27-18 would require Moody County to implement a records management system for the audio and video recordings of local records , and work collaboratively with the State of South Dakota in the retention and management of state records per SDCL 1-27-13 and SDCL 1-27-19. Unfortunately, in creating an electronic record (see audio or video recording), and retaining the same in an electronic database, Moody County would need to provide a certain level of public access pursuant to SDCL 1-27-48. Jump drives, websites?

Final Thoughts The Moody County Commission does not have a transparency issue, its business is open to the public, and the public s participation is encouraged. The public is legally authorized to record the Moody County Commission meetings. If the Moody County Commission creates an audio or video recording of its meetings, the recording is a public record, and Moody County will be responsible for maintaining that record in accordance with SDCL; and at its expense. Political decision, but with real legal and financial consequences.