This week is Sunshine Week – a national observance highlighting the importance of openness and transparency in government at all levels.
South Dakota NewsMedia Association and our partner members – the newspapers and digital news outlets across the state – have long been supporters of Sunshine Week. This week represents a nationwide nonpartisan collaboration among groups in journalism, civic, education, government and private sectors.
In South Dakota, here are five things to know about open government and freedom of information laws.
1: Open meetings brochure
The South Dakota open meetings laws brochure is an excellent guide to understanding the laws that direct government boards and commissions on how to conduct their official meetings in public, when they can meet privately in executive session and how the public may participate in a public meeting. You can find a copy of the brochure on the South Dakota attorney general’s website.
2: Open Meetings Commission
The Open Meetings Commission was created in 2004 to provide a way for citizens’ complaints about alleged violations of the open meetings laws to be heard. Over the years, the commission has reviewed dozens of cases and has rendered decisions that have helped provide a better understanding of the open meetings laws as well as guidance for improving the laws legislatively. Learn more about the commission on the open government page of the attorney general’s website.
3: Open records laws
Open records laws help define what is publicly accessible and what is not when it comes to records, documents and files kept by government. Given the vast amount and types of information that the government has, as you can imagine, these laws are numerous and complex. Many of them can be found in one chapter of the state’s code of laws – Chapter 1-27. It’s important to know that the fundamental presumption is that all government information is open and accessible to everyone, unless otherwise expressly prohibited in statute (see SDCL 1-27-1.1).
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4: Appeal of denial for government information
Like the Open Meetings Commission, which hears complaints about open meetings laws, there is also a process for the public to appeal if their request for government information has been denied. You don't need to hire an attorney to use the process, and from time to time it has led to records denials being overturned. To learn more about how you can make an open records appeal, click on the “public records” link found on the open government page of the attorney general’s website.
5: South Dakota lags in open meetings and records laws
Finally, know this: South Dakota has a long way to go when it comes to robust and meaningful open government. Our open meetings and open records laws are weaker than those of other states. Beyond the laws themselves, there has long been a mindset in government in South Dakota to say no first when someone asks for government records, to go behind closed doors when discussing official business during official public meetings and to otherwise pay lip service to these laws because the penalties provided are nothing more than a slap on the wrist. I say this as someone who has worked over the years with many elected officials and others to improve our open government laws and have always appreciated their willingness to do so. We've made progress, but there is much more that needs to be done.
Summary
This election year is a good time to let candidates for public office know you want better, stronger open government laws in our state and that you want them to approach their duties, if elected, with a mindset that the public's right to know comes first. That would be a win for more sunshine in South Dakota.
News Watch's mission includes shedding light on the issues, concerns and welfare of South Dakotans. Please consider partnering with us to do that by donating during Sunshine Week.
David Bordewyk is executive director at South Dakota NewsMedia Association, which represents the state's newspapers and digital news outlets.
