6 (b) Open Meeting Law - Discussion

Home Browse Search

RELEVANT LINKS: If councilmembers don't have a city email account,there are some things to think about before using a personal email account for city business. First, preferably only the councilmember should have access to the personal email account. Using a shared account with other family members could lead to information being inadvertently deleted.Also, since city emails are government data, city officials may have to separate personal emails from city emails when responding to a public-records request. Second, if the account a city councilmember wants to use for city business is tied to a private employer,that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA, or a discovery request in litigation,the private employer may be compelled to have a search done of a councilmembers' email communication on the private employer's equipment or to restore files from a backup or archive. See Handbook for Minnesota What may work best is to use a free,third-party email service, such as gmail Cities,Chapter 27 for more information about records or Hotmail, for your city account and to avoid using that email account for management any personal email or for anything that may constitute an official record of city business since such records must be retained in accordance with the state records-retention requirements. H. Advisory opinions 1. Department of Administration Minn.Stat.§13.072,subs. The commissioner of the Minnesota Department of Administration has 1(b).See IPAD for an index of advisory opinions by topic. authority to issue non-binding advisory opinions on certain issues related to the open meeting law.A court or other tribunal must give deference to an advisory opinion. A$200 fee is required.The Information Policy Analysis Division(IPAD)of the Department of Administration handles these requests. See Requesting an Open A public body subject to the open meeting law can request an advisory Meeting Law Advisory Opinion from IPAD. opinion from the commissioner. In addition, a person who disagrees with the manner in which members of a governing body perform their duties under the open meeting law can also request an advisory opinion. 2. Minnesota Attorney General Minn.Stat.§8.07. See index The Minnesota Attorney General is authorized to issue written advisory of Attorney General Advisory opinions from 1993 to opinions to city attorneys on"questions of public importance."The Attorney present. General has issued several advisory opinions on the open meeting law. Star Tribune Co.v.Univ.of Opinions of the Attorney General are not binding on the courts but are Minnesota Bd.of Regents, 683 N.W.2d 274,289(Minn. entitled to careful consideration when they are of long standing. 2004). League of Minnesota Cities Information Memo: 11/9/2015 Meetings of City Councils Page 22