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OMC agrees to review of ASBSD brief on executive session

ASBSD made major headway in a decision that would protect the rights of school boards and other political subdivision governing boards, as well as State Boards, when entering executive session.


Last Friday (1/5), the South Dakota Open Meeting’s Commission voted unanimously to review an amicus brief prepared by ASBSD Director of Policy and Legal Services Gerry Kaufman that contends the governing board of a political subdivision or state board can conduct deliberations in executive session.


The need for ASBSD and Kaufman to submit the brief stems from an open meeting violation review presented to the Open Meeting’s Commission that alleges a local governing board violated the law by deliberating while in executive session.


The review and potential decision by OMC could set a major precedent as to what local governing boards and state boards could and could not discuss or deliberate while in executive session with the requirement that any decision be made in open session.


In the amicus brief, Kaufman maintained under South Dakota Codified Law 1-25-2 local governing boards and state boards can deliberate while in executive session.


OMC members will review the amicus brief, which was previously submitted to the South Dakota Attorney General’s office in order for it to be distributed to commission members upon the successful vote to review the brief, and have rescheduled hearing for the violation complaint of Friday, February 2.


ASBSD will continue to monitor the OMC’s review and decision and provide updates to our members.

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