6 (b) Open Meeting Law - Discussion

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RELEVANT LINKS: • 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. • The meeting must be electronically recorded,and the recording must be preserved for at least three years after the meeting. [PAD 14-007 and IPAD 15- • At the next open meeting,the public body must summarize its 002(discussing what type of g g summary is sufficient). conclusions regarding the evaluation.The council should be careful not to release private or confidential data in its summary. c. Attorney-client privilege Minn.Stat.§13D.05,subd. Meetings between the governing body and its attorney to discuss active, 3(b). Brainerd Daily Dispatch threatened, or pending litigation may be closed when the balancing of the LLC v.Dehen,693 N.W.2d purposes served by the attorney-client privilege against those served by the 435(Minn.Ct.App.2005). open meeting law dictates the need for absolute confidentiality.The need for Prior Lake American v. absolute confidentiality should relate to litigation strategy, usually Mader,642 N.W.2d 729 tY g gy,and will usuall (Minn.2002). arise only after a substantive decision on the underlying matter has been made. Northwest Publications,Inc. This privilege may not be abused to suppress public observations of the v.City of St.Paul,435 N.W.2d 64(Minn.Ct.App. decision-making process,and does not include situations where the council 1989).Minneapolis Star& will be receiving general legal opinions and advice on the strengths and Tribune v.Housing and Redevelopment Authority in weaknesses of a proposed action that may give rise to future litigation. and for the City of Minneapolis,251 N.W.2d 620(Minn.1976). Minn.Stat.§13D.01,subd.3. The following procedure must be used to close a meeting under this exception: See The Free Press v.County • Before closing the meeting,the council must state on the record the of Blue Earth,677 N.W.2d 471(Minn.Ct.App.2004) specific grounds permitting the meeting to be closed and describe the (holding that a general subject to be discussed. statement that a meeting was being closed under the • The council should also describe how a balancing of the purposes of the attorney-client privilege to attorney-client privilege against the purposes of the o pen meetin g laW discuss"pending litigation" did not satisfy the demonstrates the need for absolute confidentiality. requirement of describing the The council must actually communicate with its attorney at the meeting. subject to be discussed). • 3' y g d. Purchase or sale of property A public body may close a meeting to: I St S Mimi. tat.§ 3D.05,subd. M S v. § 3 Rice • Determine the asking price for real or personal property to be sold by the Watershed Dist.,No.A09- public body. 1841(Minn.Ct.App.2010) • Review confidential or nonpublic appraisal data. (unpublished opinion). P c a PP • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. League of Minnesota Cities Information Memo: 11/9/2015 Meetings of City Councils Page 13