Analysis of the Agenda vs. Minutes
The agenda item was: G. Resource and Revenue generation methods – Secretary
This is a fairly narrow and vague topic. A reasonable person reading the agenda would expect discussion about possible fundraising, donations, or alternative revenue ideas – not a detailed discussion about:
- Rising costs of gravel and machine rates
- Reduced frequency of maintenance and gravel volume to “stretch” budgets
- Future plans for setting the 2027 “levy”
These are budget and operational matters that go well beyond the stated agenda item.
Why This Matters (Legal Perspective)
Under SDCL 1-25-1 (Open Meetings Law):
- The public is entitled to reasonable notice of the matters to be discussed.
- Public bodies are generally expected to stick to the posted agenda.
- Adding significant new topics (especially financial/budget issues) without proper notice can constitute a violation.
This is particularly problematic because:
- Budget and levy discussions directly affect landowners’ wallets.
- The board had already been publicly reprimanded by the Open Meetings Commission for previous violations.
- They continue to show a pattern of loose compliance with the law.