6 (b) Open Meeting Law - Discussion

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RELEVANT LINKS: a. Misconduct allegations Minn.Stat.§ 13D.05,subd. A public body must close a meeting for preliminary consideration of 2(b).Minn.Stat.§13.43, subd.2(4). allegations or charges against an individual subject to the public body's IPAD 03-020. authority. IPAD 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee).The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore,he was not"an individual subject to its authority." IPAD 10-001. The commissioner has also advised that a tape recording of a closed meeting Minn.Stat.§ 13.43. for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd.4,and is accessible to the subject of the data but not to the public.The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43,subd.2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. Minn.Stat.§13D.01,subs.3. The following procedure must be used to close a meeting under this Minn.Stmt.§13D.05,subd.1. exception: • • Before closing the meeting,the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. • The meeting must be open at the request of the individual who is the Note:There is a special subject of the meeting.Thus,the individual should be given advance provision dealing with g' g allegations of law notice of the existence and nature of the charges against him or her, so enforcement personnel that the individual can make a decision. misconduct;see Minn.Slat.§ 13D.05,subd.2(a)and • The meeting must be electronically recorded, and the recording must be section preserved for at least three'years after the meeting. • If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act.A meeting must be closed,however, if the following not-public data is discussed: Minn.Stat.§ 13D.05,subs. • Data that would identify alleged victims or reporters of criminal sexual 2(a). conduct,domestic abuse, or maltreatment of minors or vulnerable adults., • Internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. League of Minnesota Cities Information Memo: r 11/9/2015 Meetings of City Councils Page 15