STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

March 21, 1974

Dr. Thomas Kilian, Secretary
Department of Education and Cultural Affairs
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 74-11

School boards may have more than one regular meeting a month. Minimum requirement for minutes.

Dear Dr. Kilian:

You set forth the following factual information:

SDCL 13-8-10 reads as follows:

Regular meetings shall be on the second Monday of each month unless otherwise designated by the board at the annual meeting. At the first regular monthly meeting in the school year each school board shall organize by the election of a president and a vice-president from its membership which officers shall serve for a term of one year. The board shall designate the legal depository, the purchasing agent and the custodian of all accounts as provided in §13-16-15, and the legal newspaper to be used for publishing of all official notices. The board shall also employ a business manager tlot a member of the board. No individual related to a member of the school board or the administrators of the school by blood or marriage within the second degree, as computed by the civil law, shall be employed in any school district as the business manager. Special meetings may be held upon call of the president or in his absence by the vice-president, or a majority of the board members. Notice of such meeting shall be given by the business manager to the board members either orally or in writing in sufficient time to permit their presence.

SDCL 13-8-34 reads as follows:

The school board of the independent school district shall approve the minutes of every meeting of the board within forty-five days after such meeting. The presiding officer of the school board and the clerk or business manager shall sign the minutes of all regular and speiial meetings of the school board after they have been approved by the board.

SDCL 13-8-25 reads as follows:

Within twenty days after a meeting of the school board, the board shall cause to be published in the designated legal newspaper a full account of the unapproved proceedings of such meeting of the board, giving a detailed statement of all expenditures of money, with the names of persons to whom payment is made, showing the service rendered or goods furnished a detailed statement of receipts, and any balances on hand. If the published minutes of the previous meeting of the board are modified, amended or corrected by such board subsequent to such publication and prior to approval by the board, such changes shall be reflected in the minutes of the meeting at which such modifications, amendments or corrections are made. The salaries of teachers and other employees of the school district shall be published separately only once following the date of their employment.

The business manager of the school district shall verify and sign each legal publication submitted to the newspaper and transmit the same for publication within one week from the time such meeting is held.

You have requested an opinion on the following specific questions:

1. May a school district have more than one regular school board meeting a month?

2. What is the minimum information that must be shown in the minutes in order that such minutes will constitute an adequate official record of the school board?

A school board can only act legally when its members are meeting together in a properly called session. A distinction is drawn between a regular and special meeting, and the requirements for giving a notice for these two types of meetings generally differ.

A regular meeting is one which is convened at a stated time and place, pursuant either to statute or to action of the board itself. Since by definition regular meetings are held at a stated time and place, it is presumed that all members of the board have constructive notice of them. Therefore, no other notice is required to make such meetings legal.

In answer to your question No.1, SDCL 13-8-10 provides that "Regular meetings shall be on the second Monday of each month, unless otherwise designated by the board at the annual meeting." It is my opinion that this statute does not provide that there can be only one regular meeting of the school board a month. It is my opinion that the statute authorizes school boards to designate the time and dates for regular meetings at their annual meeting and in the absence of such action then only one regular meeting per month could be held on the second Monday of each month. The answer to your specific question NO.1 is, YES.

A school board speaks through its records and such records constitute prima facie evidence of its actions. In general, the minutes of a school board need not be formal or technical in nature. The minutes should show what actions were taken by the board and should show that the board acted within the requirements of the statutes. They should also show that the required number of votes were cast in favor of each proposal adopted or approved (see SDCL 13-8-33).

It is my opinion that the statutory requirements for the keeping of minutes is directory and in answer to your specific question No.2, it is my opinion that the above paragraph sets forth the minimum information that must be shown in school boards' minutes in order that such minutes will constitute an adequate official record of the school board.

Respectfully submitted,

Kermit A. Sande
Attorney General