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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PUBLIC RECORDS ACT RETENTION OF PUBLIC RECORDS □ Bureau of Administration - 2017 □ “School District – Retention and Destruction Schedule” □ Establishes MINIMUM Times for Retention

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