January 13, 1977

Mrs. Lorna B. Herseth 
Secretary of State 
State Capitol 
Pierre, South Dakota 57501

Official Opinion No. 77-7

Relation of SDCL 12-25A-19 to Open Meeting Law

Dear Mrs. Herseth:

You have requested an opinion from this office in regard to the following question: 

How does SDCL 12-25A-19 relate to the Open Meeting Law which allows closed sessions during investigations of complaints?

SDCL 1-25-1 provides:    

Except as otherwise provided by law, the official meetings of the state and the political subdivisions thereof, including all related boards, commissions and other agencies, and the official meetings of boards, commissions and agencies created by statute or which are nontaxpaying and derive a source of revenue directly from public funds, shall be opened to the public, except as herein provided.  (Emphasis added.)

SDCL 1-25-2 provides for an exception from the open meeting requirement in the event the public body is involved in executive sessions for the sole purpose of considering student, employee and personnel matters.

SDCL 12-25A-19, in my opinion, constitutes one of the exceptions to SDCL 1-25-1, which SDCL 1-25-1 recognizes in the emphasized portion of the above-cited statute.  SDCL 12-25A-19 provides: 

The ethics commission shall investigate any sworn complaints and shall render a timely opinion thereon within thirty days.  The investigation shall be confidential but the opinion, including all minority reports, shall be a matter of public record.

In my opinion, there is no conflict between SDCL 1-25 and SDCL 12-25A- 19.  SDCL 1-25 is a general statute requiring open meetings, but in so doing it recognizes that there may be other provisions of law which would constitute an exception to the general rule.  SDCL 12-25A-19 would appear to me to constitute such an exception.

Respectfully submitted,

William J. Janklow
Attorney General

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