SOUTH DAKOTA OPEN RECORDS REQUEST

(Comprehensive Template - SDCL § 1-27-1 et seq.)

IMPORTANT NOTICE: South Dakota's open records law, SDCL § 1-27-1 et seq., provides that all records of public agencies are public records and are open to inspection by the public during normal business hours. Unlike many states, South Dakota does not have a specific statutory response deadline for public records requests. The law does, however, provide for administrative appeals through the Office of Hearing Examiners and judicial review in circuit court. South Dakota is considered one of the more restrictive states for public records access due to its limited enforcement mechanisms and the absence of attorney fee provisions for prevailing requesters. Nevertheless, the presumption of openness applies, and the burden is on the custodian to justify any denial.

TABLE OF CONTENTS

1. Request Letter Template
2. Definitions
3. Records Description Guidance
4. Fee Provisions
5. Response Timeline
6. Exemptions Overview
7. Appeal Procedures
8. Appeal Letter Template
9. Enforcement Mechanisms
10. Follow-Up Letter Template
11. Fee Waiver Request Template
12. Documentation Checklist
13. Key Differences from Federal FOIA
14. State-Specific Notes
15. Sources and References

1. REQUEST LETTER TEMPLATE

South Dakota Open Records Request
Date: [__/__/____]

To:
[________________________________]
(Records Custodian / Public Records Officer)
[________________________________]
(Public Agency / Public Body Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Dakota ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

From:
[________________________________]
(Requester Full Legal Name)
[________________________________]
(Title and Organization, if applicable)
[________________________________]
(Street Address)
[________________________________]
(City, State ZIP Code)
Telephone: [________________________________]
E-Mail: [________________________________]

Re: Open Records Request Pursuant to SDCL § 1-27-1 et seq.

Dear Records Custodian:

Pursuant to South Dakota's open records law, SDCL § 1-27-1 et seq., I hereby request access to inspect and/or obtain copies of the following public records maintained by your agency. Under SDCL § 1-27-1, all records of public agencies are public records and are open to inspection by the public during normal business hours. Under SDCL § 1-27-1.1, any person may obtain a copy of any public record, and the custodian must furnish the copies upon request.

Records Requested

I request the following records:

1. [________________________________]
   (Provide detailed description of first category of records sought)

2. [________________________________]
   (Provide detailed description of second category of records sought)

3. [________________________________]
   (Provide detailed description of additional categories of records sought)

Date Range: From [__/__/____] through [__/__/____]

Keywords/Search Terms: [________________________________]

Format of Production

I request that responsive records be provided in the following format:

☐ Electronic copies in native format (preferred)
☐ Electronic copies in PDF format
☐ Paper copies
☐ Inspection at agency offices during normal business hours
☐ Other: [________________________________]

Please provide records via: [________________________________]
(E-mail address, mailing address, or other delivery method)

Fee Provisions

I am willing to pay reasonable fees for the reproduction and mailing of records as permitted under SDCL § 1-27-1.10 and § 1-27-35. However, I request that you notify me in advance if estimated fees will exceed $[____]. Pursuant to SDCL § 1-27-35, if fees are likely to exceed $50, please provide an estimate before assembling the records.

☐ I am requesting a fee waiver (see Section 11 below for justification)
☐ I am requesting a fee reduction based on public interest

Response Deadline

While South Dakota law does not specify a response deadline, I respectfully request that you respond to this request within a reasonable time, and no later than [____] business days. Under SDCL § 1-27-1, records are open to inspection "during normal business hours," and under SDCL § 1-27-1.1, copies shall be furnished "upon request."

Denial and Exemptions

If any records are withheld in whole or in part, please provide a written explanation of the reasons for the denial, citing the specific statutory exemption(s) relied upon, as required by SDCL § 1-27-1.3. Please also disclose all reasonably segregable, non-exempt portions of responsive records.

Preservation Notice

I request that your agency take all reasonable steps to preserve any records responsive to this request, including any records that may be subject to routine destruction schedules, pending the complete resolution of this request and any appeal.

I appreciate your prompt attention to this matter. Please feel free to contact me at the information above if you have any questions or need clarification regarding this request.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Date: [__/__/____]

2. DEFINITIONS

For purposes of this template and South Dakota open records law practice:

"Public record" or "public records" means all records of public agencies. Under SDCL § 1-27-1, the term encompasses all records kept on file by any public agency, including but not limited to documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data compilations, and other materials, regardless of physical form or characteristics, prepared, owned, used, or retained by a public agency.

"Public agency" means the State of South Dakota and any of its departments, divisions, boards, commissions, and offices, and any county, municipality, township, school district, or other political subdivision of the state, or any agency, authority, or instrumentality thereof.

"Custodian" means the officer, employee, or agent of a public agency who has control, custody, or supervisory authority over public records. The custodian is responsible for responding to records requests and making determinations regarding access and fees.

"Person" includes any individual, corporation, partnership, firm, organization, or association. South Dakota law does not require that requesters be residents of South Dakota.

"Normal business hours" means the regular operating hours of the public agency, typically Monday through Friday, excluding state legal holidays.

"Office of Hearing Examiners" means the administrative body within the Bureau of Administration that has jurisdiction to hear appeals of public records denials under SDCL § 1-27-1.4.

3. RECORDS DESCRIPTION GUIDANCE

When drafting your open records request in South Dakota, specificity is essential. The more precise your description, the more efficiently the custodian can locate responsive records.

Sample Records Descriptions

Example 1 - Emails:
"All emails sent or received by [Name/Title of Official] between [__/__/____] and [__/__/____] that contain the following keywords: [________________________________]. Include all attachments."

Example 2 - Contracts:
"All contracts, agreements, memoranda of understanding, and amendments thereto entered into by [Agency Name] with [Contractor/Vendor Name] from [__/__/____] to the present, including all bid documents, proposals, and evaluation materials."

Example 3 - Inspection/Investigation Reports:
"All inspection reports, investigation files, compliance reports, enforcement actions, and related correspondence pertaining to [Subject/Location/Entity] from [__/__/____] to the present."

Example 4 - Meeting Records:
"All agendas, minutes, audio/video recordings, and supporting materials for meetings of [Board/Commission/Committee Name] held between [__/__/____] and [__/__/____], including any executive session minutes that have been released."

Example 5 - Financial Records:
"All budgets, expenditure reports, purchase orders, invoices, receipts, and financial audit reports for [Department/Program Name] for fiscal years [____] through [____]."

Example 6 - Personnel Records:
"Employment agreements, compensation records (including salary and benefits), and job descriptions for all employees holding the position of [Title] from [__/__/____] to the present. Note: I am not requesting personal records or documents exempt under SDCL § 1-27-1.5."

Example 7 - Law Enforcement Records:
"All incident reports, arrest records, and booking records for incidents occurring within [jurisdiction] between [__/__/____] and [__/__/____]. I understand that certain criminal justice records may be exempt under SDCL § 1-27-1.7, and I request disclosure of all non-exempt portions."

Tips for Effective Requests

• Be as specific as possible regarding the records sought, including dates, names, and subjects
• Since South Dakota has no specific response deadline, setting a reasonable requested response date helps manage expectations
• Use specific date ranges rather than open-ended requests
• If the estimated cost may exceed $50, be prepared for the agency to provide a cost estimate before proceeding
• Identify the specific department or division likely to hold the records
• Specify whether you want inspection, copies, or both
• Request electronic copies when possible to reduce reproduction costs

4. FEE PROVISIONS

Statutory Authority (SDCL § 1-27-1.10 and § 1-27-35)

South Dakota law permits custodians to charge fees for providing copies of public records, subject to the following provisions:

Permissible Fees (SDCL § 1-27-35)

The custodian may charge:
- Actual cost of mailing or transmittal of the records
- Actual cost of reproduction of the records
- Other fees established by statute or administrative rule
- Staff time in excess of one (1) hour at a reasonable rate

First Hour Free

Under SDCL § 1-27-35, the first hour of staff time needed to fulfill a request is provided at no charge. For requests requiring more than one hour of staff time, the custodian may charge a reasonable fee.

Cost Estimates for Large Requests

Under SDCL § 1-27-35, for any request reasonably likely to involve a fee in excess of fifty dollars ($50), the custodian shall:
1. Provide a written estimate of cost to the requester prior to assembling the records
2. The requester must confirm in writing their acceptance of the cost estimate and agreement to pay
3. The agency is not required to begin work until the requester confirms acceptance

Fee Waiver (SDCL § 1-27-1.14)

The custodian may exercise discretion to waive or reduce any fee required under the open records law if the waiver or reduction of the fee would be in the public interest.

Calculation of Fees

Fees must be based on actual costs and may not include:
- Administrative overhead or surcharges beyond actual costs
- Profit margins or revenue-generating markups
- Fees for the time spent reviewing records to determine if they are exempt

Fee Disputes

If you believe fees are excessive or unauthorized:
1. Request a detailed itemization of all charges
2. Dispute the charges in writing with the custodian
3. Appeal to the Office of Hearing Examiners under SDCL § 1-27-1.4
4. File a civil action in circuit court under SDCL § 1-27-38

5. RESPONSE TIMELINE

No Statutory Response Deadline

South Dakota is one of the few states that does not have a specific statutory deadline for responding to public records requests. SDCL § 1-27-1 provides that records are open to inspection "during normal business hours," and SDCL § 1-27-1.1 provides that the custodian shall furnish copies "upon request."

Practical Expectations

Despite the absence of a statutory deadline, custodians are expected to respond within a reasonable time. Factors that may affect response time include:
- Volume and complexity of the request
- Need to search multiple locations or systems
- Redaction of exempt information
- Consultation with legal counsel regarding exemptions
- Current workload of the agency

Written Denial Requirement (SDCL § 1-27-1.3)

If the custodian denies access to any records, the custodian must provide a written explanation of the reasons for the denial. This written explanation must:
- Identify the specific records being denied
- Cite the statutory basis for the denial
- Inform the requester of their right to appeal

Cost Estimate Timing

For requests likely to exceed $50 in fees (SDCL § 1-27-35):
- The custodian must provide a cost estimate before assembling the records
- Work does not begin until the requester confirms acceptance in writing
- This process may add time to the overall response

Administrative Appeal Deadline (SDCL § 1-27-1.4)

If access is denied, the requester has only thirty (30) days from the denial to file an appeal with the Office of Hearing Examiners. This is a critical deadline that must not be missed.

Practical Timeline Summary

6. EXEMPTIONS OVERVIEW

South Dakota's open records exemptions are scattered throughout the codified laws, primarily in SDCL Chapter 1-27 and various other titles. Key exemptions include:

Personal Privacy and Personnel

1. Personal records and documents of officials/employees (SDCL § 1-27-1.5(1)) - Correspondence, memoranda, calendars, working papers, records of telephone calls, and other personal records or documents of public officials and employees, used for the purpose of the decisional or deliberative process
2. Personnel files (SDCL § 1-27-1.5(2)) - Personnel files, including applications, performance evaluations, and disciplinary records, except for names, gross compensation, job title, job description, education and training background, and previous work experience
3. Medical records - Medical, psychological, and treatment records of public employees and individuals in state custody
4. Social Security numbers - Records containing Social Security numbers

Law Enforcement and Criminal Justice

5. Criminal investigation records (SDCL § 1-27-1.5(3)) - Records of law enforcement agencies compiled during investigations of criminal activity or intelligence operations, the disclosure of which would interfere with law enforcement proceedings, deprive a person of a fair trial, disclose confidential sources, or endanger any person's safety
6. Criminal justice records (SDCL § 1-27-1.7) - Certain criminal justice information including criminal intelligence information, criminal investigative information, and law enforcement operational plans
7. Personally identifiable information in law enforcement (SDCL § 1-27-1.6) - Personally identifiable information contained in records maintained by law enforcement agencies
8. Juvenile records - Records involving juvenile proceedings and juvenile offenders
9. Victim information - Records identifying victims of certain crimes

Government Operations

10. Deliberative process records (SDCL § 1-27-1.5(1)) - Documents and records used for the purpose of the decisional or deliberative process of a public body
11. Contract and negotiation records (SDCL § 1-27-1.5(4)) - Records which, if disclosed, would impair present or pending contract awards or collective bargaining negotiations
12. Attorney-client privilege (SDCL § 1-27-1.5(5)) - Records that are subject to the attorney-client privilege, work product doctrine, or other recognized legal privileges
13. Internal advisory communications - Internal memoranda, policy deliberations, and advisory opinions prepared for the use of decision-makers
14. Bid and proposal documents - Sealed bids and proposals prior to the date and time set for opening
15. Security information - Records pertaining to security plans, vulnerability assessments, and emergency preparedness

Educational Records

16. Student records (SDCL § 1-27-1.5(6)) - Educational records of students, consistent with the Family Educational Rights and Privacy Act (FERPA)
17. Test questions and scoring - Examination questions, answer keys, and scoring criteria

Financial and Business

18. Trade secrets (SDCL § 1-27-1.5(7)) - Trade secrets, commercial or financial information, proprietary data, and technical information provided to public agencies in confidence
19. Tax returns - State and federal tax return information
20. Bank examination records - Records of examinations of financial institutions

Health and Welfare

21. Medical records - Health and medical records of individuals
22. Mental health records - Records of treatment for mental health conditions
23. Adoption records - Sealed adoption and guardianship records
24. Child protection records - Records relating to child abuse and neglect investigations
25. Substance abuse treatment records - Records related to substance abuse treatment

Other Exemptions

26. Library patron records - Records identifying library patron use and borrowing
27. Archaeological and historical site information - Records revealing the location of archaeological sites
28. Genetic information - Records containing genetic testing results
29. Emergency plans - Disaster preparedness and response plans
30. Records sealed by court order - Any records ordered sealed by a court of competent jurisdiction

Important Exemption Principles

• Presumption of Openness: All records of public agencies are presumptively public (SDCL § 1-27-1)
• Burden of Proof: The custodian bears the burden of establishing that an exemption applies (SDCL § 1-27-38)
• Segregability: If a record contains both exempt and non-exempt information, the non-exempt portions should be disclosed
• Written Explanation Required: The custodian must provide a written explanation for any denial (SDCL § 1-27-1.3)

7. APPEAL PROCEDURES

South Dakota provides two avenues for challenging a denial of access to public records:

Administrative Appeal: Office of Hearing Examiners (SDCL § 1-27-1.4)

Who Hears Appeals:
- The Office of Hearing Examiners within the Bureau of Administration has jurisdiction to hear appeals of denied public records requests
- The Office provides an independent administrative review

Filing Requirements:
- A requester denied access to records may appeal to the Office of Hearing Examiners
- The appeal must be filed within thirty (30) days of the denial
- This is a strict deadline; failure to file within 30 days may forfeit the right to administrative review
- The appeal should include:
- A copy of the original records request
- A copy of the written denial
- A statement of the reasons the denial is improper
- The relief sought

Hearing Process:
- The Office of Hearing Examiners will schedule a hearing
- Both the requester and the custodian may present evidence and argument
- The hearing examiner may review records in camera to determine if exemptions apply
- The hearing examiner issues a written decision

Decision:
- The hearing examiner may order disclosure of improperly withheld records
- The hearing examiner may uphold the denial if the exemption is properly applied
- The decision may be appealed to the circuit court

Judicial Review: Circuit Court (SDCL § 1-27-38)

Filing Suit:
- A requester may file a civil action in circuit court to compel disclosure
- The action may be filed either after exhausting the administrative appeal or directly (without first going through the Office of Hearing Examiners)
- Venue is in the circuit court of the county where the records are located or the county where the public body has its principal office

Court Procedures:
- The court conducts a de novo review (no deference to the agency or hearing examiner)
- The burden of proof is on the custodian to establish that the records are exempt from disclosure (SDCL § 1-27-38)
- The court may review records in camera to determine if exemptions apply
- The court may order disclosure of improperly withheld records

Attorney Fees:
- South Dakota's open records law does not provide for the award of attorney fees to a prevailing requester
- Each party generally bears its own costs and attorney fees
- This is a significant limitation compared to many other states and federal FOIA

Appeal Timeline Summary

8. APPEAL LETTER TEMPLATE

8A. Appeal to Office of Hearing Examiners

Date: [__/__/____]

Office of Hearing Examiners
Bureau of Administration
State of South Dakota
523 East Capitol Avenue
Pierre, South Dakota 57501

Re: Appeal of Denial of Public Records Request Under SDCL § 1-27-1.4
Public Agency: [________________________________]
Date of Original Request: [__/__/____]
Date of Written Denial: [__/__/____]

Dear Office of Hearing Examiners:

Pursuant to SDCL § 1-27-1.4, I hereby appeal the denial of my request for public records by [________________________________] (the "Agency"). This appeal is filed within thirty (30) days of the Agency's written denial dated [__/__/____].

Background:

On [__/__/____], I submitted a request under SDCL § 1-27-1 et seq. to the Agency seeking the following records:

[________________________________]
(Describe the records requested)

On [__/__/____], the Agency denied my request [in whole / in part], providing the following written explanation:

[________________________________]
(State the reasons and exemptions cited by the Agency)

Reasons for Appeal:

I respectfully submit that the denial is improper for the following reasons:

1. [________________________________]
   (Explain why the exemption does not apply)

2. [________________________________]
   (Provide additional legal arguments)

3. Under SDCL § 1-27-1, all records of public agencies are presumptively public records, and the burden is on the custodian to establish that an exemption applies. The Agency has not met this burden because:
   [________________________________]

4. Even if certain portions of the requested records may be exempt, the non-exempt portions must be segregated and disclosed.

Relief Requested:

I request that the Office of Hearing Examiners:
1. Schedule a hearing on this appeal at the earliest practicable date;
2. Order the Agency to disclose the requested records in full;
3. If any portions are exempt, order disclosure of all reasonably segregable non-exempt portions;
4. Order a fee waiver if fees were improperly assessed; and
5. Grant such other relief as may be appropriate.

I have attached copies of my original request and the Agency's written denial for the record.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
[________________________________]
(Address)
[________________________________]
(Telephone and Email)

Enclosures:
- Copy of original records request dated [__/__/____]
- Copy of Agency written denial dated [__/__/____]
- Any relevant correspondence

8B. Pre-Litigation Demand Letter (Circuit Court)

Date: [__/__/____]

[________________________________]
(Head of Agency / Records Custodian)
[________________________________]
(Public Agency Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Dakota ZIP Code)

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Re: Demand for Compliance with South Dakota Open Records Law
Records Request Dated: [__/__/____]
Denial Dated: [__/__/____]

Dear [________________________________]:

I write regarding my open records request dated [__/__/____], which was denied by your agency on [__/__/____]. I demand immediate compliance with SDCL § 1-27-1 et seq.

Legal Basis:

SDCL § 1-27-1 provides that "all records of public agencies are public records" open to inspection during normal business hours. Under SDCL § 1-27-38, the burden of proof is on the custodian to establish that records are exempt from disclosure.

Demand:

I demand that your agency:
1. Produce all responsive, non-exempt records within [____] business days;
2. Provide a written explanation identifying each withheld record and the specific exemption relied upon;
3. Disclose all reasonably segregable non-exempt portions of any partially exempt records; and
4. Confirm compliance in writing.

If I do not receive a satisfactory response within [____] business days, I will file a civil action in circuit court under SDCL § 1-27-38 to compel disclosure. Additionally, the willful destruction of public records may constitute a felony under SDCL § 22-11-24.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
[________________________________]
(Address, Telephone, and Email)

9. ENFORCEMENT MECHANISMS

Civil Action to Compel Disclosure (SDCL § 1-27-38)

• Any person denied access to public records may file a civil action in circuit court to compel disclosure
• The burden of proof is on the custodian to establish that the records are exempt
• The court may order the custodian to disclose improperly withheld records
• The court may review records in camera to evaluate exemption claims

No Attorney Fee Provision

• South Dakota's open records law does not provide for the award of attorney fees to a prevailing requester
• This is a significant gap in enforcement compared to many other states
• Each party bears its own litigation costs unless a court orders otherwise under general equitable principles

No Statutory Civil Fines

• Unlike many states, South Dakota does not impose specific civil fines for violations of the open records law
• There is no penalty analogous to the $500 fine in South Carolina or the $2,000 fine in Rhode Island

Criminal Penalties for Record Destruction

• Under SDCL § 22-11-24 (Destroying or Concealing Public Records), it is a Class 6 felony to willfully destroy, conceal, remove, or otherwise impair the availability of any public record
• This provision applies to the destruction or concealment of records, not merely the denial of access
• A Class 6 felony in South Dakota carries a maximum penalty of 2 years imprisonment and/or a $4,000 fine

Contempt of Court

• If a custodian fails to comply with a court order to disclose records, the court may hold the custodian in contempt
• Contempt sanctions may include fines and other penalties

Administrative Remedies

• The Office of Hearing Examiners may order disclosure of records found to be improperly withheld
• Failure to comply with a hearing examiner's order may be enforceable through the courts

Practical Enforcement Limitations

South Dakota's enforcement mechanisms are among the weakest in the nation:
- No specific response deadline creates uncertainty
- No attorney fee recovery discourages litigation
- No civil fines reduce the deterrent effect
- The 30-day administrative appeal deadline is strict and easy to miss
- These limitations mean that requesters must often rely on informal persuasion and media pressure rather than legal mechanisms

10. FOLLOW-UP LETTER TEMPLATE

Date: [__/__/____]

[________________________________]
(Records Custodian / Public Records Officer)
[________________________________]
(Public Agency / Public Body Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Dakota ZIP Code)

Re: Follow-Up to Open Records Request Dated [__/__/____]
Original Request Reference: [________________________________]

Dear [________________________________]:

I am writing to follow up on my open records request submitted on [__/__/____], for which [I have / I have not] received a response.

☐ A reasonable period has elapsed since my request was submitted, and I have not received a response, a denial, or a cost estimate. While South Dakota law does not specify a response deadline, I respectfully submit that [____] days exceeds a reasonable response time.

☐ I received a cost estimate of $[____], confirmed my acceptance in writing on [__/__/____], and have not yet received the requested records.

☐ I have received a partial response, but the following records remain outstanding:
[________________________________]

☐ My request was denied on [__/__/____], but the written explanation did not adequately identify the statutory exemption(s) relied upon as required by SDCL § 1-27-1.3.

☐ The agency has assessed fees that I believe exceed the actual cost of reproduction, mailing, or staff time permitted under SDCL § 1-27-35.

I respectfully request that you:

1. Provide an immediate status update on the processing of my request;
2. Provide a firm date by which all responsive records will be produced;
3. If any records are being withheld, provide a proper written explanation citing specific statutory exemptions (SDCL § 1-27-1.3); and
4. Contact me at the information below to discuss any issues with the request.

Please be advised that if I do not receive a satisfactory response within [____] business days, I intend to pursue the remedies available under South Dakota law, including:
- Filing an appeal with the Office of Hearing Examiners under SDCL § 1-27-1.4 (within 30 days of denial)
- Filing a civil action in circuit court under SDCL § 1-27-38 to compel disclosure

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

11. FEE WAIVER REQUEST TEMPLATE

Date: [__/__/____]

[________________________________]
(Records Custodian / Public Records Officer)
[________________________________]
(Public Agency / Public Body Name)
[________________________________]
(Street Address)
[________________________________]
(City, South Dakota ZIP Code)

Re: Request for Fee Waiver/Reduction - Open Records Request Dated [__/__/____]

Dear [________________________________]:

Pursuant to SDCL § 1-27-1.14, I respectfully request a waiver or substantial reduction of all fees associated with my open records request dated [__/__/____].

Statutory Basis

SDCL § 1-27-1.14 provides that the custodian may exercise discretion to waive or reduce any fee if the waiver or reduction of the fee would be in the public interest.

Public Interest Justification

I submit that a fee waiver or reduction is warranted because:

1. Public Benefit:
The requested records will primarily benefit the general public because:
[________________________________]
(Explain how the records will benefit the public)

2. Not Primarily Commercial:
The records are not being sought primarily for commercial purposes because:
[________________________________]
(Explain the non-commercial nature of the request)

3. Contribution to Public Understanding:
Disclosure of these records will contribute significantly to public understanding of government operations because:
[________________________________]
(Explain the public interest in the specific records)

4. Requester's Capacity:
☐ I am a representative of the news media
☐ I am a researcher affiliated with an educational institution
☐ I am a representative of a nonprofit organization
☐ I am requesting records for personal, non-commercial use
☐ Other: [________________________________]

Financial Hardship (if applicable)

☐ The estimated fees of $[____] represent a financial hardship that effectively prevents me from exercising my right to access public records.

First Hour Free

Pursuant to SDCL § 1-27-35, please confirm that the first hour of staff time required to fulfill this request is being provided at no charge.

I request that you respond to this fee waiver request in a reasonable time. If this request is denied, please provide a written explanation of the reasons for the denial.

Respectfully submitted,

__________________________________
[________________________________]
(Requester Signature and Printed Name)
Telephone: [________________________________]
E-Mail: [________________________________]
Date: [__/__/____]

12. DOCUMENTATION CHECKLIST

Use this checklist to ensure completeness of your open records request under South Dakota law:

Pre-Submission Checklist

☐ Identified the correct public agency that maintains the records
☐ Identified the records custodian or designated public records officer
☐ Confirmed the agency's normal business hours for inspection requests
☐ Drafted a clear, specific description of records sought
☐ Included specific date ranges for requested records
☐ Specified preferred format of production (electronic, paper, inspection)
☐ Included requester contact information (name, address, phone, email)
☐ Set a fee cap and/or included a fee waiver request citing SDCL § 1-27-1.14
☐ Referenced South Dakota open records law (SDCL § 1-27-1 et seq.)
☐ Requested written explanation for any denied records (SDCL § 1-27-1.3)
☐ Included a records preservation notice
☐ Made a copy of the request for your records
☐ Noted the date of submission for tracking purposes
☐ Set a reasonable requested response date in the request letter

Post-Submission Tracking

☐ Sent the request via a method that provides proof of receipt
☐ Monitored for a timely response (no statutory deadline, but track reasonable time)
☐ Received cost estimate for requests likely to exceed $50 (SDCL § 1-27-35)
☐ Confirmed acceptance of cost estimate in writing if required
☐ Verified that first hour of staff time was provided free (SDCL § 1-27-35)
☐ Reviewed any claimed exemptions for validity
☐ Verified that all reasonably segregable portions were released
☐ Checked that fee charges are based on actual costs
☐ If denied, received written explanation with specific exemptions (SDCL § 1-27-1.3)
☐ Determined whether to accept the response or pursue an appeal

Appeal Preparation (CRITICAL: 30-Day Deadline)

☐ Noted the 30-day deadline for filing with Office of Hearing Examiners (SDCL § 1-27-1.4)
☐ Calendar the 30-day deadline immediately upon receiving a denial
☐ Prepared appeal to Office of Hearing Examiners with required documentation
☐ Alternatively, considered filing directly in circuit court (SDCL § 1-27-38)
☐ Gathered all correspondence with the agency (request, denial, follow-ups)
☐ Documented all dates, contacts, and communications
☐ Consulted with a licensed South Dakota attorney
☐ Noted the absence of attorney fee recovery under SD law
☐ Assessed whether record destruction has occurred (felony under SDCL § 22-11-24)

Records Received - Review

☐ Compared records received against records requested
☐ Identified any gaps or missing records
☐ Reviewed any redactions for proper exemption citations
☐ Verified the format of production matches the request
☐ Confirmed fee charges are accurate and reflect actual costs
☐ Verified first hour of staff time was not charged
☐ Filed and organized all received records
☐ Noted any follow-up requests needed
☐ Documented the outcome for future reference

13. KEY DIFFERENCES FROM FEDERAL FOIA

14. STATE-SPECIFIC NOTES

South Dakota-Specific Considerations

1. No Specific Response Deadline
South Dakota is one of the few states without a statutory response deadline for public records requests. This is perhaps the most significant practical challenge for requesters. Records must be open for inspection "during normal business hours" (SDCL § 1-27-1) and copies must be furnished "upon request" (SDCL § 1-27-1.1), but there is no specific number of days within which the agency must respond. Best practice is to include a reasonable requested response date in your request letter.

2. 30-Day Administrative Appeal Deadline
The 30-day deadline for filing an appeal with the Office of Hearing Examiners is strict and relatively short. Requesters should calendar this deadline immediately upon receiving a denial and take prompt action. Missing this deadline may forfeit the right to administrative review, though the judicial route (SDCL § 1-27-38) remains available.

3. No Attorney Fee Recovery
South Dakota does not provide for attorney fee recovery by prevailing requesters. This is a significant limitation that effectively discourages litigation, particularly for individual requesters who cannot afford legal representation. It also reduces the deterrent effect of the law on non-compliant agencies.

4. First Hour of Staff Time Free
SDCL § 1-27-35 provides that the first hour of staff time is free of charge. This benefits requesters with smaller or more focused requests. For larger requests, the custodian may charge for time beyond the first hour at a reasonable rate.

5. $50 Threshold for Cost Estimates
For any request likely to cost more than $50, the custodian must provide a cost estimate before beginning work, and the requester must confirm acceptance in writing. This protects requesters from unexpected costs but can delay the process.

6. Deliberative Process Exemption
South Dakota has a broad deliberative process exemption (SDCL § 1-27-1.5(1)) that protects "correspondence, memoranda, calendars, working papers, and records of telephone calls" of public officials and employees used for "the decisional or deliberative process." This exemption is broader than many states' versions and can be used to withhold a wide range of internal communications.

7. Criminal Penalties for Record Destruction
While South Dakota lacks civil penalties for denying access, it does impose criminal penalties for destroying or concealing public records. Under SDCL § 22-11-24, this constitutes a Class 6 felony, carrying up to 2 years imprisonment and a $4,000 fine.

8. Office of Hearing Examiners
South Dakota's use of the Office of Hearing Examiners for public records appeals is relatively unique. The Office is part of the Bureau of Administration and provides an independent administrative review process that is less formal and less costly than circuit court litigation.

9. No Residency Requirement
South Dakota does not require requesters to be state residents. Any person may request public records regardless of where they reside.

10. Personnel Records Partial Disclosure
While personnel files are generally exempt (SDCL § 1-27-1.5(2)), the following information about public employees is NOT exempt and must be disclosed: names, gross compensation, job title, job description, education and training background, and previous work experience.

11. Interaction with Open Meetings Law
South Dakota's open meetings law (SDCL § 1-25) works alongside the open records law. Records created in connection with public meetings, including agendas and minutes, are generally public records subject to disclosure.

15. SOURCES AND REFERENCES

Statutes

• South Dakota Open Records Law: SDCL Chapter 1-27
• https://sdlegislature.gov/Statutes/Codified_Laws/2031624
• SDCL § 1-27-1 - Public records open to inspection
• https://sdlegislature.gov/Statutes/1-27-1
• SDCL § 1-27-1.1 - Right to copies of public records
• SDCL § 1-27-1.2 - Written request for copies
• SDCL § 1-27-1.3 - Denial of access; written explanation
• SDCL § 1-27-1.4 - Appeal to Office of Hearing Examiners
• SDCL § 1-27-1.5 - Records exempt from disclosure
• SDCL § 1-27-1.6 - Personally identifiable information; law enforcement
• SDCL § 1-27-1.7 - Criminal justice records
• SDCL § 1-27-1.10 - Fees for copies
• SDCL § 1-27-1.14 - Fee waiver
• SDCL § 1-27-35 - Cost of mailing and reproduction
• https://southdakotaroaddistricts.com/sdcl-1-27-open-records-laws/
• SDCL § 1-27-38 - Civil action; burden of proof
• SDCL § 22-11-24 - Destroying or concealing public records (Class 6 felony)

Official Resources

• South Dakota Attorney General - Open Government: https://atg.sd.gov/legal/opengovernment/publicrecords.aspx
• South Dakota Legislature - Codified Laws: https://sdlegislature.gov/Statutes/Codified_Laws/2031624
• South Dakota Bureau of Administration - Office of Hearing Examiners: https://boa.sd.gov/ohe/resolution-process.aspx
• Chapter 1-27 Public Records and Files (PDF): https://boardsandcommissions.sd.gov/bcuploads/SDCL%20Public%20records.pdf

Practice Guides

• Reporters Committee for Freedom of the Press - South Dakota Open Government Guide: https://www.rcfp.org/open-government-guide/south-dakota/
• MuckRock - South Dakota Public Records Guide: https://www.muckrock.com/place/united-states-of-america/south-dakota/
• South Dakota Codified Laws Title 1, Chapter 27 (Justia): https://law.justia.com/codes/south-dakota/title-1/chapter-27/

This template is provided for informational purposes only and does not constitute legal advice. South Dakota's open records law is subject to legislative amendment, judicial interpretation, and administrative rulemaking. Users should verify all citations and consult with a qualified South Dakota attorney before relying on this template for any legal purpose. Last updated: 2026-02-24.