1-27-1.9. Documents or communications used for decisional process arising from person's official duties not subject to compulsory disclosure.
No elected or appointed official or employee of the state or any political subdivision may be compelled to provide documents, records, or communications used for the purpose of the decisional or deliberative process relating to any decision arising from that person's official duties. Any document that is otherwise already public is not made confidential by reason of having been used in deliberations.
Source: SL 2009, ch 10, §14; SL 2013, ch 11, §1.
Structure South Dakota Codified Laws
Title 1 - State Affairs and Government
Chapter 27 - Public Records And Files
Section 1-27-1 - Public records open to inspection and copying.
Section 1-27-1.1 - Public records defined.
Section 1-27-1.2 - Fees for specialized service.
Section 1-27-1.4 - Denial letters to be kept on file.
Section 1-27-1.5 - Certain records not open to inspection and copying.
Section 1-27-1.7 - Certain drafts, notes, and memoranda exempt from disclosure.
Section 1-27-1.8 - Certain records relevant to court actions exempt from disclosure.
Section 1-27-1.10 - Redaction of certain information.
Section 1-27-1.12 - Chapter inapplicable to Unified Judicial System.
Section 1-27-1.13 - Certain records not available to inmates.
Section 1-27-1.14 - Redaction of records in office of register of deeds not required.
Section 1-27-1.15 - Immunity for good faith denial or provision of record.
Section 1-27-1.19 - Public access to records of former Governors and lieutenant governors.
Section 1-27-1.20 - Exempt records to be opened upon death or ten years after leaving office.
Section 1-27-1.22 - Agreement for transfer of records to suitable repository.
Section 1-27-3 - Records declared confidential or secret.
Section 1-27-4 - Format of open record.
Section 1-27-4.2 - Availability of contract through internet website or database.
Section 1-27-9 - Records management programs--Definition of terms.
Section 1-27-10 - Records as property of state--Damage or disposal only as authorized by law.
Section 1-27-12 - State records management program to be established.
Section 1-27-12.1 - Records management internal service fund.
Section 1-27-13 - Records management procedures proposed by state agencies.
Section 1-27-14.1 - Transfer of records by outgoing agency heads--Terminated agency records.
Section 1-27-14.2 - Transfer of jeopardized nonessential agency material to state archivist.
Section 1-27-15 - Destruction of nonrecord materials.
Section 1-27-16 - Rules, standards, and procedures.
Section 1-27-17 - Legislative and judicial records management programs.
Section 1-27-18 - Local records management programs.
Section 1-27-21 - Public document or record defined--Public meeting.
Section 1-27-22 - Application of English as common language requirement.
Section 1-27-24 - Effect of common language requirement on state employment.
Section 1-27-25 - Common language requirements not applicable to private activities.
Section 1-27-27 - Requesting information or data from a state agency.
Section 1-27-28 - Definition of terms.
Section 1-27-29 - Disclosure of information concerning private entity restricted.
Section 1-27-30 - Confidentiality of proprietary or trade information of private entity.
Section 1-27-31 - Circumstances allowing for disclosure of information concerning private entity.
Section 1-27-32 - Disclosure of confidential information as misdemeanor.
Section 1-27-35 - Informal requests for disclosure of records--Costs of retrieval or reproduction.
Section 1-27-36 - Estimate of retrieval and reproduction cost--Waiver or reduction of fee.
Section 1-27-37 - Written request for disclosure of records.
Section 1-27-39 - Response to notice of review.
Section 1-27-40 - Findings and decision of Office of Hearing Examiners.
Section 1-27-40.1 - Time for compliance with decision or appeal.
Section 1-27-43 - Form of notice of review--Office of Hearing Examiners' notice.
Section 1-27-46 - Contracts to be displayed on searchable internet website.
Section 1-27-47 - Affordability of public access to electronic records database.
Section 1-27-48 - Documentation regarding information stored in electronic records system.