1. SDASBO Conference April 24, 2019
“The South Dakota Public Records Act & Record Retention – What Every School Business Official Should Know”
SDASBO Conference
April 24, 2019

2. PUBLIC RECORDS ACT
Four Objectives 1. “Presumption of Openness” 2. Balances “Openness” and Privacy Rights 3. Specific Exceptions & Exemptions 4. Immunity for “Good Faith” Efforts

3. PUBLIC RECORDS ACT
“Presumption of Openness” □ Records Open Unless Specifically Closed □ Public Can Examine & Obtain Copies □ During Regular Hours □ Exception – Federal Copyright Law

4. PUBLIC RECORDS ACT
“Presumption of Openness” □ “Public Record” – All Records and Documents □ Does Another Statute, Ordinance, or Rule Prohibit Disclosure?

5. PUBLIC RECORDS ACT
“Presumption of Openness” □ Finances of Government – “Liberally Construed” □ Fiscal Records, Audits, Warrants, Vouchers, Invoices, Purchase Orders □ Exception – Pending Collective Bargaining Negotiations

6. PUBLIC RECORDS ACT
“Presumption of Openness” □ School District Must Maintain File of Denial Letters □ File Available Upon Request

7. PUBLIC RECORDS ACT
RECORDS NOT SUBJECT TO “PRESUMPTION OF OPENNESS” □ Personal Information of Students □ Medical Records □ Attorney Work Product/Privilege □ Law Enforcement Records

8. PUBLIC RECORDS ACT
RECORDS NOT SUBJECT TO “PRESUMPTION OF OPENNESS” □ Personnel Information □ Security Plans □ Certain Public Library Records □ Calendars and Telephone Records

9. PUBLIC RECORDS ACT
RECORDS NOT SUBJECT TO “PRESUMPTION OF OPENNESS” □ Employment Applications (Executive) □ Private Financial Information □ Emergency or Disaster Response Plans □ Calendars and Telephone Records

10. PUBLIC RECORDS ACT
RECORDS NOT SUBJECT TO “PRESUMPTION OF OPENNESS” □ Test Questions/Scoring Keys □ Document Declared Confidential by Court Order, Contract, or Stipulation in Any Court Action or Proceeding

11. PUBLIC RECORDS ACT
IMMUNITY FROM LEGAL ACTIONS □ No Civil or Criminal Liability – Act in “Good Faith”

12. PUBLIC RECORDS ACT
BOARD MEETING MATERIALS □ Open Meetings □ Printed Materials Relating to Agenda Item □ Distributed Prior to Meeting

13. PUBLIC RECORDS ACT
BOARD MEETING MATERIALS □ Posted On School Website; OR □ Made Available 24 Hours Before Meeting □ Whichever Is Later

14. PUBLIC RECORDS ACT
BOARD MEETING MATERIALS □ If Not Posted to Website – Copy Available at Meeting □ Violation – Class 2 Misdemeanor

15. PUBLIC RECORDS ACT
BOARD MEETING MINUTES □ Unapproved, Draft Minutes □ Available Within 10 Business Days After Meeting

16. PUBLIC RECORDS ACT
BOARD MEETING MINUTES □ Exception – Audio/Visual Recording of Meeting Available on School Website Within 5 Business Days of Meeting

17. FORMAT OF PUBLIC RECORDS □ Provide Record in “Original” Format
PUBLIC RECORDS ACT
FORMAT OF PUBLIC RECORDS □ Provide Record in “Original” Format

18. PUBLIC RECORDS ACT
RETENTION OF PUBLIC RECORDS □ School Board Must Promote Efficient Records Management of School District Records □ State May Provide Assistance to School District in Establishing Management Program

19. PUBLIC RECORDS ACT
RETENTION OF PUBLIC RECORDS □ Bureau of Administration □ “School District – Retention and Destruction Schedule” □ Establishes MINIMUM Times for Retention

20. SDASBO Conference April 24, 2019
“The South Dakota Public Records Act & Record Retention – What Every School Business Official Should Know”
SDASBO Conference
April 24, 2019