6 (b) Open Meeting Law - Discussion

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RELEVANT LINKS: This type of committee may be subject to the open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include how the committee was created and who are its members; whether the committee is performing an ongoing function, or instead, is performing a one-time function;whether the committee receives public funds or uses public facilities or staff; and what duties and powers have been granted to the committee. IPAD 05-014. For example,the commissioner of the Minnesota Department of Administration has advised that"standing"committees of a city hospital board that were responsible for management liaison,collection of information,and formulation of issues and recommendations for the board were committees subject to the open meeting law.The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one- time or"ad hoc"function. IPAD 07-025. In contrast,the commissioner has advised that a city's Free Speech Working Group was not a committee that was subject to the open meeting law.This group consisted of members, including city officials,the city council had appointed to develop and review strategies for addressing free-speech concerns relating to a political convention that was going to be held in the city.The commissioner reasoned that the group was not a committee subject to the open meeting law because it did not have any decision-making authority. A.G.Op.63a-5(Aug.28, City councils also routinely appoint individual councilmembers to act as 1996). liaisons between the council and particular groups.These types of groups may be considered a committee that is subject to the open meeting law. Sovereign v.Dunn,498 The Minnesota Court of Appeals considered a situation where the mayor and N.W.2d 62(Minn.Ct.App. pp y 1993).See also Minnesota one other member of a city council attended a series of mediation sessions Daily v.Univ,of Minnesota, regarding an annexation dispute that were not open to the public.The court 432 N.W.2d 189(Minn.Ct. App.1988)and Zahavy v. of appeals held that the open meeting law did not apply to these meetings Univ.of Minnesota,544 concluding"that a gathering of public officials is not a `committee, N.W.2d 32(Minn.Ct.App. 1996). subcommittee,board, department or commission' subject to the open meeting law unless the group is capable of exercising decision-making powers of the governing body." Sovereign v.Dunn,498 The court of appeals also noted that the capacity to act on behalf of the N.W.2d 62(Minn.Ct.App. 1993). governing body is presumed where members of the group comprise a quorum of the body and could also arise where there has been a delegation of power from the governing body to the group. Thuma v.Kroschel,506 In addition,a separate notice for a special meeting of the city council may N.W.2d 14(Minn.Ct.App. 1993). also be required if a quorum of the council will be present at a committee meeting and will participate in the discussion. League of Minnesota Cities Information Memo: 11/9/2015 Meetings of City Councils Page 18