As you may recall, I questioned the Wessington Springs School District Board of Education during the July meeting regarding action taken on fitness center rates when it did not appear on the agenda, as reported in the July 17 edition.
The board didn’t end up taking action on fitness center rates that night, but the board chair’s explanation about the incident during the August meeting concerns me.
At the meeting in August, school board chair, Dustin Weber, said he had reached out to the school attorney, Rodney Freeman, regarding the legality of taking action on an item that was not on the agenda. He explained that after talking with the attorney, the board did have the legal right to adjust rates during that time in the July meeting. (See the school minutes published in this print and e-edition on PAGE SIX)
On Monday, August 19, I reached out via email to Weber and Dr. Michael Ormsmith, Wessington Springs School Superintendent, regarding my concerns.
I wrote, “In the spirit of transparency and looking closer at the law, I am unsure how he (the attorney) gave the green light for what took place? You had said at the July meeting that the item ‘fitness center rates’ was included within the building committee update, although it did not appear as it had before on the agenda since May.”
Within the “Conducting the Public’s Business in Public” guide prepared by the South Dakota Attorney General’s Office in partnership with the SD NewsMedia Association on page 4, the following Q and A highlights this issue:
Q: May agenda items be considered if they are added less than 24 hours before a meeting?
A: Proposed agendas for public meetings must be posted at least 24 hours in advance of the meeting. The purpose of providing advance notice of the topics to be discussed at a meeting is to provide information to interested members of the public concerning the governing body’s anticipated business. Typically, the public body adopts the final agenda upon convening the meeting. At the time the final agenda is adopted, the governing body may add or delete agenda items and may also change the order of business.
Weber said that although “fitness rates” were not listed on the agenda, they were set to be discussed under agenda item number 30 “Building Committee Update.” According to SDCL 1-271.18, official action cannot be taken from a committee until the next meeting of the governing body (see underlined below): 1-27-1.18.
Recommendations, findings, and reports of appointed working groups to be reported in open meeting--Action by governing body.
Any final recommendations, findings, or reports that result from a meeting of a committee, subcommittee, task force, or other working group which does not meet the definition of a political subdivision or public body pursuant to § 1-25-1, but was appointed by the governing body, shall be reported in open meeting to the governing body which appointed the committee, subcommittee, task force, or other working group. The governing body shall delay taking any official action on the recommendations, findings, or reports until the next meeting of the governing body.
Open meetings laws embody the principle that the public is entitled to the greatest possible information about public affairs and are intended to encourage public participation in government. Not listing an item to be discussed on the agenda not only violates those laws but also stirs suspicion and mistrust.
I hope that the fitness center rates were accidentally left off the agenda. There are a host of moving parts the board works through every month during their meetings and I appreciate the hard work they do as they conduct the public’s business in public.
I’m still unsure on what grounds the attorney stated that the board had legal rights to adjust the rates during that time in the meeting. I’m unsure because I still have not received a reply from Weber or Ormsmith. I sent a follow up email Tuesday to give an opportunity to reply in time for press deadline. Again, no reply.
I appreciate the dedication of our local elected officials and board members. They are charged with making tough decisions on our behalf and often lose friends, and even business, in the process.
Appreciating the dedication of our elected officials also brings an expectation of leadership qualities such as honesty integrity and open communication.
I hope to see the emergence of that soon.