This week marks Sunshine Week, a national observance dedicated to promoting openness and transparency in government operations across various levels. The South Dakota NewsMedia Association, along with its partner organizations, emphasizes the significance of this initiative, which involves a nonpartisan collaboration from journalism, civic groups, education, government, and private sectors.
Understanding the basics of open government is essential for citizens who wish to engage with their local authorities. Here are five important aspects to consider regarding open government and freedom of information laws in South Dakota.
Key Resources for Open Government
The South Dakota open meetings laws brochure serves as a valuable resource for understanding regulations that govern how government boards and commissions should conduct their meetings. It provides critical information on public participation and the circumstances under which meetings can be held privately. This brochure can be accessed on the South Dakota Attorney General’s website at atg.sd.gov under the “Legal Resources” tab.
In 2004, the South Dakota Open Meetings Commission was established to address citizens’ complaints regarding alleged violations of open meetings laws. Since its inception, the commission has reviewed numerous cases, offering decisions that enhance public understanding of these laws and guiding legislative improvements. More information about the commission is also available on the attorney general’s open government page.
Understanding Open Records Laws
Open records laws in South Dakota clarify what government documents, records, and files are accessible to the public. These laws, which can be found in Chapter 1-27 of the state code, operate under the fundamental presumption that all government information should be open and accessible, unless explicitly prohibited by statute (SDCL 1-27-1.1).
For those who have faced denial of their requests for government information, there exists an appeal process similar to that of the Open Meetings Commission. Citizens do not need legal representation to initiate this process, and appeals have occasionally resulted in overturned record denials. Detailed guidelines for making an open records appeal can be found on the attorney general’s website under the “public records” link.
While there have been strides toward transparency, South Dakota still has considerable ground to cover in establishing a robust framework for open government. The state’s current open meetings and open records laws are regarded as less comprehensive compared to those in other states. There is a prevailing attitude within some government circles that favors withholding information, often opting for closed discussions rather than engaging with the public during official meetings.
David Bordewyk, the executive director of the South Dakota NewsMedia Association, has actively worked with elected officials to enhance open government laws. While he acknowledges progress has been made, he emphasizes the need for further improvements. He urges citizens, especially in this election year, to communicate with candidates for public office, advocating for stronger open government laws that prioritize the public’s right to know.
This call to action reflects a desire for increased transparency in South Dakota, suggesting that fostering an environment of openness will ultimately benefit the state’s governance and its citizens.
