The Lincoln County Commission has been put on notice that it will be sued unless it changes a public comment policy that restricts the topics that people can speak on during commission meetings.

R. Shawn Tornow, a Sioux Falls lawyer, filed what’s known as a 3-21 notice with the county, a legal stipulation in state law that requires potential plaintiffs of public entities and employees to notify them of an impending lawsuit. Tornow, a former assistant city attorney for Sioux Falls, is representing Lincoln County resident Linda Montgomery.

The commission adopted a public comment policy that forbids people from talking about subjects that are covered under the state’s executive session carve-out to public meetings. Those carve-outs allow elected officials to meet outside of the public in closed-door meetings to discuss sensitive matters, including potential litigation, land acquisition and personnel matters, among others.

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