Saucony Maroon

Saucony Maroon

"I think the resolution speaks to what this board is always wanting to do and wanting to be, and that's open and transparent," Miller said. "We don't really feel that it's necessary to legislate what we're going to do. We can police our own house and do a very good job of it."

The vote to enter executive session was 5 2, with Miller and the Pierre district's athletic director Dan Whalen voting no.

Saucony Maroon

Saucony Maroon

Saucony Maroon

Saucony Maroon

Riter Rapp said she has concluded SDHSAA is a private nonprofit and isn't subject to open meetings laws. But she told Miller that even if those laws did apply, legal consultation is a valid reason to clear the room.

Saucony Maroon

PIERRE The South Dakota High School Activities Association is hoping to head off new regulations by promising to be more transparent.

Mike Miller, an SDHSAA board member and the president of the Aberdeen School Board, doesn't think new laws are needed.

The SDHSAA, created Reebok Gold Shoes

Miller said that if Reebok Grey Suede

Neither of the two bills that would put the SDHSAA under open government laws has yet been scheduled for a hearing. Association board president Darren Paulson said the group has not taken a position for or against those bills. The motion Tuesday simply directed Riter Rapp to "confer" with those bills' sponsors.

by state law but organized as a private nonprofit, exists in a gray area between public body and private group. Its attorney, Lindsey Riter Rapp, has concluded the association is "not a public entity" and "not required to comply with open meetings laws." But several top legislative leaders have introduced bills this year that would subject SDHSAA to those open government laws.

SDHSAA was in fact private, it could meet in private if it wanted.

The stated purpose for Tuesday's executive session was "to confer with legal counsel."

´╗┐State high school activities board tries to head off new laws

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"That's probably the ultimate irony, that (they) drafted a resolution on Saucony Maroon transparency in closed executive session," Brown said. "That would probably be of grave concern to me."

"As an attorney, the communications that I have with my client are privileged communications," Riter Rapp said. "When we're talking about legal analysis of how would complying with the open meetings laws impact this association going forward, in my mind, that is a legal inquiry, and it's a proper line of inquiry for communication between the client and the attorney."

"What part of open meetings laws have we not been following?" Whalen asked. "They're asking us to follow them as if there's someplace we're not following those policies."

the meeting, board members seemed confused about the legislation declaring SDHSAA to be subject to open meetings laws.

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"You don't think that the school districts I represent or the legislators who started the association should hear the conversations we're going to have?" Miller said.

State Sen. Corey Brown, R Gettysburg, has drafted legislation that would place the association under the purview of open meetings laws.

Attorney General Marty Jackley has not joined the dispute over the activities association's standing. "If a complaint needs to be filed, then it must go through proper channels of the (state) open meetings commission," spokeswoman Sara Rabern said by email.

On Tuesday, with the lawmakers who are scrutinizing the association less than a mile away, the SDHSAA board voted unanimously to draft a "resolution or policy to ensure transparency within our organization."

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ly, in the open portion of Saucony Red

Saucony Maroon

South Dakota open meetings law allows for executive sessions to consult with legal counsel "about proposed or pending litigation or contractual matters," among other reasons.

"My argument would be that we need to act as a public entity, even though we're not," Miller said.

Riter Rapp said it was her understanding that the SDHSAA board was voluntarily complying with open meetings laws by having public meetings and posting agendas, though possibly not by making materials available to the public at its meetings.

Some rural lawmakers have taken a particular interest in the SDHSAA since one of the association's sponsors urged them to hold more high school championships in Sioux Falls.

The resolution came in a special meeting, after a 15 minute public presentation and a 90 minute closed door meeting between the board and its legal counsel.

Tuesday's executive session didn't take place without a fight. After a motion to enter the closed session often routine in local government Miller objected.

Saucony Maroon

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