1-25-6. Duty of state's attorney on receipt of complaint alleging chapter violation.
If a complaint alleging a violation of this chapter is made pursuant to §23A-2-1, the state's attorney shall take one of the following actions:
(1)Prosecute the case pursuant to Title 23A;
(2)Determine that there is no merit to prosecuting the case. Upon doing so, the state's attorney shall send a copy of the complaint and any investigation file to the attorney general. The attorney general shall use the information for statistical purposes and may publish abstracts of such information, including the name of the government body involved for purposes of public education; or
(3)Send the complaint and any investigation file to the South Dakota Open Meetings Commission for further action.
Source: SL 2004, ch 19, §1.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 25 - Meetings Of Public Agencies
Section 1-25-1.1 - Notice of meeting of political subdivision--Agenda--Violation as misdemeanor.
Section 1-25-1.3 - Notice of meeting of the state--Agenda--Violation as misdemeanor.
Section 1-25-1.4 - Information to be posted on state website.
Section 1-25-1.5 - Teleconference meeting or hearing--Quorum--Vote.
Section 1-25-1.6 - Public participation in teleconference meeting.
Section 1-25-2 - Executive or closed meetings--Purposes--Authorization--Violation as misdemeanor.
Section 1-25-3 - Minutes of proceedings--Availability to public--Violation as misdemeanor.
Section 1-25-6 - Duty of state's attorney on receipt of complaint alleging chapter violation.
Section 1-25-8 - Open Meeting Commission--Appointment of members--Chair.
Section 1-25-9 - Limitations on participation by commission members.
Section 1-25-10 - State Investment Council may discuss certain matters in executive session.
Section 1-25-11 - Recording of open official meeting to be permitted.