SDCL§1-25-2 describes the specific subject matter that “may” be discussed in executive session. Closure is discretionary.
(1) Discussing the qualifications, competence, performance, character or fitness of any public officer or employee or prospective public officer or employee. The term "employee" does not include any independent contractor;
(2) Discussing the expulsion, suspension, discipline, assignment of or the educational program of a student or the eligibility of a student to participate in interscholastic activities provided by the South Dakota High School Activities Association;
(3) Consulting with legal counsel or reviewing communications from legal counsel about proposed or pending litigation or contractual matters;
(4) Preparing for contract negotiations or negotiating with employees or employee representatives;
(5) Discussing marketing or pricing strategies by a board or commission of a business owned by the state or any of its political subdivisions, when public discussion may be harmful to the competitive position of the business.