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6 (b) Open Meeting Law - Discussion
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11-17-2016 Planning Commission Meeting
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6 (b) Open Meeting Law - Discussion
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RELEVANT LINKS: <br /> Minn.Stat.§13.32.Minn. • Educational data,health data,medical data,welfare data or mental health <br /> Stat.§13.3805,subd.I. <br /> Minn.Stat.§13.384. Minn. data that are not-public data. <br /> Stat§1146,subd.z or 7. • Certain medical records. <br /> Minn.Stat.§§144.291- <br /> 144.298. <br /> Minn.Stat§ 13D.01,subs.3. The following procedure must be used to close a meeting under this <br /> Minn.Stat.§13D.05,subd.1. <br /> exception: <br /> • The council must state on the record the specific grounds for closing the <br /> meeting and describe the subject to be discussed. <br /> • The meeting must be electronically recorded, and the recording must be <br /> • preserved for at least three years after the meeting. <br /> G. Common issues <br /> This section provides an overview of some of the common issues cities face <br /> while attempting to comply with the open meeting law. <br /> • 1. Data practices <br /> Minn.Stat§13D.05,subds. Generally,meetings may not be closed to discuss data that is not public <br /> 1(a),2(a). See section H.F. <br /> b. under the Minnesota Government Data Practices Act(MGDPA).However, <br /> the public body must close any part of a meeting at which certain types of <br /> not-public data are discussed. <br /> Minn.Stat.§13D.05,subs. If not-public data is discussed at an open meeting when the meeting is <br /> 2(a).Minn.Stat.§13.03, <br /> subs. 11. required to be closed,it is a violation of the open meeting law.Discussions <br /> of some types of not-public data may also be a violation of the MGDPA. <br /> However,not-public data may generally be discussed at an open meeting <br /> without liability or penalty if both of the following criteria are met: <br /> Minn.Stat.§13D.05,subd. • The disclosure relates to a matter within the scope of the public body's <br /> 1(b). <br /> authority. <br /> • The disclosure is necessary to conduct the business or agenda item <br /> before the public body. <br /> Minn.Stat§I3D.05,subd. Data that is discussed at an open meeting retains its original classification <br /> 1(0). under the MGDPA. However,a record of the meeting is public,regardless <br /> of the form. It is suggested that not-public data that is discussed at an open <br /> meeting not be specifically detailed in the minutes. <br /> 2. Interviews <br /> Channel 10,Inc.v.Indep. The Minnesota Supreme Court has held that a school board must interview <br /> Sch.Dist.No.709,298 Minn. <br /> 306,215 N.W.2d 814(Minn. prospective employees in open sessions. <br /> 1974). <br /> League of Minnesota Cities Information Memo: 11/9/2015 <br /> Meetings of City Councils Page 16 <br />
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