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Record of Proceedings

Brookings City Council Study Session on Open Meetings Law and Election Dates - September 16, 2025

Meeting Portal — Tuesday, September 16, 2025
BodyBrookings, South Dakota
SessionMeeting Portal
DateTuesday, September 16, 2025
StatusFILED
Video Record
0:00 / 1:05:05

Original source
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0:04

It's okay.

0:05

It's fine.

0:28

All right.

0:29

Call this meeting in order.

0:38

Legislative of the United States of America.

0:42

And to republic one individual.

0:48

Let's leverage all.

0:56

Thanks for all coming tonight.

1:00

Please take attendance.

1:01

All council members are present, Mr.

1:03

Mayor.

1:04

All right.

1:04

Item three, the approval of the agenda.

1:06

Energy in a motion to approve the agenda.

1:08

Second.

1:10

Please call the city rule.

1:12

Please call the role.

1:13

Avery.

1:16

E Minor.

1:17

Specker.

1:18

Hi.

1:18

Tillner.

1:19

Linda.

1:20

Aye.

1:20

All right.

1:20

Now item four open forum.

1:22

In order to provide equal access to all during the open forum and public comment portions of the meeting, each individual offering comments shall not exceed the allotted three minute period.

1:31

The podium might turn green to yellow where there is one minute remaining.

1:36

Your time for comment is expired when the podium may turn red.

1:39

Is there any member of the public who wishes to address the council on an item that's not listed on tonight's agenda?

1:48

Okay.

1:50

Move on.

1:50

Item five presentation, South Dakota Open Meetings Laws Review.

1:57

We'll present this item.

1:59

Thank you, Mr.

2:00

Mayor.

2:00

Mayor and Council members, this is required with the new Senate Bill 74 that was passed in the past legislative session.

2:07

So this is a review of the South Dakota Open Meeting Laws, and this has been corrected so it pertains to you as a board member, a member of a governing body.

2:19

This brochure, I do have copies if you would like to take a paper one with you.

2:23

But this presentation is based off of this.

2:25

This is a brochure that the South Dakota Attorney General's office has devised and updated this year.

2:32

It is also focusing off of state law chapter one-25.

2:38

So what are South Dakota Open Meeting Laws?

2:41

These are basically laws intended to encourage public participation in government.

2:46

Official meetings of public bodies are to be public in advance notice of such meetings are to be given.

2:52

An official meeting, as stated here, is defined as any meeting is a quorum of a public body where official business or public policy is discussed or decided.

3:03

So you'll see under official meetings definition is the word quorum.

3:07

A quorum is more than one half of the seated board members.

3:11

A vacancy is not included in that quorum count.

3:15

So for city council, your quorum is four.

3:26

So a teleconference is meeting or uh communication via any electronic medium.

3:33

So that's your email, your social media accounts, your texting Zooms, or conference calls.

3:39

So as a board member, I would highly encourage you to be aware who's how many people are in here.

3:45

Group text.

3:46

If you're sending an email or you're having a conference call, how many people are on that call?

3:51

We have to be aware of those things.

3:53

Because that would have the perception of a unpublicized meeting where the media was excluded as well as the public.

4:01

So just kind of an awareness as you're sitting on a governing body.

4:11

That's that blind carbon copy line on your email headers.

4:15

What happens is if so if you do that for any number of people, if you a person either responds to one or responds to all, the message will only go to the center.

Discussion Breakdown — Share of Meeting
Election Procedures█████████████████████████████████████████████72%
Open Meeting Laws███████████18%
Public Engagement████6%
Procedural██3%
Fiscal Sustainability█1%
Summary of Proceedings

Brookings City Council Study Session on Open Meetings Law and Election Dates

On September 16, 2025, the Brookings City Council held a study session to review South Dakota Open Meetings Laws (Senate Bill 74) and discuss House Bill 1130, which changes permissible dates for municipal elections. The meeting included presentations from city staff, discussions with representatives from the Brookings School Board and Brookings County Commission, and public commentary. Key topics included the definition of official meetings, quorum rules, electronic communication restrictions, and the pros and cons of holding municipal elections in June versus November.

Consent Calendar

  • The agenda was approved unanimously by voice vote.

Public Comments & Testimony

  • No members of the public addressed the council during the Open Forum.

Presentations and Discussion

  • South Dakota Open Meetings Laws Review (Senate Bill 74): City staff presented a mandatory review of open meetings laws, covering definitions of official meetings, quorum requirements (four members for the city council), rules for electronic communications (email, text, social media), meeting notifications, public comment periods, and recording policies. The presentation emphasized that staff typically posts notices of quorum for events like ribbon cuttings, though not legally required. Councilmember Holly Tilton Byrne commended staff for ongoing education on these laws.
  • House Bill 1130 – Municipal Election Dates: Staff presented options for the city council to select a new election date: the first Tuesday after the first Monday in June (June 2) or in November (November 3). The council must make a decision by January 14, 2026. Historical election data from 2018-2024 showed higher voter turnout in November than in June for Brookings County elections. Three of nine first-class cities have chosen dates: Sioux Falls and Madison selected June; Yankton selected November. The Brookings County Finance Office prefers November, while the school district initially preferred June to align with term starts, but is open to discussion. Issues such as ballot length, voter confusion, candidate costs, and the impact on odd-numbered years were debated. Councilmembers expressed a preference for November to increase voter turnout and include college students and non-Republican voters. Councilmember Brianna Doran raised concerns about potential partisan influence on nonpartisan local elections and requested information on campaign finance laws. Councilmember Lisa Hager noted the need for clarification on petition deadlines and ballot placement. The possibility of a joint study session with school board and county officials in October was discussed.

Key Outcomes

  • The council set a target for a joint study session in October 2025 to continue discussions with school board and county representatives.
  • No formal vote was taken on the election date; the council is to decide by January 14, 2026.
  • Council expressed consensus to keep elections nonpartisan and to work cooperatively with the school district and county.

Meeting Transcript

It's okay. It's fine. All right. Call this meeting in order. Legislative of the United States of America. And to republic one individual. Let's leverage all. Thanks for all coming tonight. Please take attendance. All council members are present, Mr. Mayor. All right. Item three, the approval of the agenda. Energy in a motion to approve the agenda. Second. Please call the city rule. Please call the role. Avery. E Minor. Specker. Hi. Tillner. Linda. Aye. All right. Now item four open forum. In order to provide equal access to all during the open forum and public comment portions of the meeting, each individual offering comments shall not exceed the allotted three minute period. The podium might turn green to yellow where there is one minute remaining. Your time for comment is expired when the podium may turn red. Is there any member of the public who wishes to address the council on an item that's not listed on tonight's agenda? Okay. Move on. Item five presentation, South Dakota Open Meetings Laws Review. We'll present this item. Thank you, Mr. Mayor. Mayor and Council members, this is required with the new Senate Bill 74 that was passed in the past legislative session. So this is a review of the South Dakota Open Meeting Laws, and this has been corrected so it pertains to you as a board member, a member of a governing body. This brochure, I do have copies if you would like to take a paper one with you. But this presentation is based off of this. This is a brochure that the South Dakota Attorney General's office has devised and updated this year. It is also focusing off of state law chapter one-25. So what are South Dakota Open Meeting Laws? These are basically laws intended to encourage public participation in government. Official meetings of public bodies are to be public in advance notice of such meetings are to be given. An official meeting, as stated here, is defined as any meeting is a quorum of a public body where official business or public policy is discussed or decided. So you'll see under official meetings definition is the word quorum. A quorum is more than one half of the seated board members. A vacancy is not included in that quorum count. So for city council, your quorum is four.

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