6 (b) Open Meeting Law - Discussion

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IIII RELEVANT LINKS: a. Labor negotiations under PELRA Minn.Star§13D.03. A meeting to consider strategies for labor negotiations, including negotiation IPAD 13-012. strategies or development or discussion of labor-negotiation proposals, may be closed. However,the actual negotiations must be done at an open meeting if a quorum of the council is present. Minn.Stat.§13D.03.Minn. The following procedure must be used to close a meeting under this Star§13D.01,subd 3. exception: • The council must decide to close the meeting by a majority vote at a public meeting and must announce the time and place of the closed meeting. • Before closing the meeting,the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. • A written record of all people present at the closed meeting must be available to the public after the closed meeting. IPAD 05-027. • The meeting must be tape-recorded. IPAD 00-037. • The recording must be kept for two years after the contract is signed. • The recording becomes public after all labor agreements are signed by the city council for the current budget period. Minn.Stat.§13D.03,subs.3. If an action claiming that other public business was transacted at the closed meeting is brought during the time the tape is not public,the court will review the recording privately. If it finds no violation of the open meeting law,the action will be dismissed and the recording will be preserved in court records until it becomes available to the public. If the court determines there may have been a violation,the entire recording may be introduced at the trial.However,the court may issue appropriate protective orders requested by either party. b. Performance evaluations Minn.Stat.§13D.05,subd. A public body may close a meeting to evaluate the performance of an 3(a). individual who is subject to its authority. Minn.Star§ 13D.05,subs. The following procedure must be used to close a meeting under this 3(a).Minn.Stat.§13D.01, subd.3. exception: IPAD 05-013(advising that a • The public body must identify the individual to be evaluated prior to government entity could close p Y p a meeting under this closing the meeting. exception to discuss its • The meeting must be open at the request of the individual who is the contract with an independent g P q contractor when that subject of the meeting;so some advance notice to the individual is contractor is an individual needed in order to allow the individual to make a decision. human being). League of Minnesota Cities Information Memo: 11/9/2015 Meetings of City Councils Page 12