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f <br /> � <br /> i <br /> RELEVANT LINKS: <br /> � a. Misconduct allegations ' <br /> Minn.Stat§ 13D.05,s�na. A public body must close a meeting for preliminary consideration of <br /> 2(b).Minn.Stat§ 13.43, <br /> suba.z�a�. allegations or charges against an individua.l subject to the public body's <br /> iPaD os-ozo. authority. <br /> IPA°14-0°4. The commissioner of the Minnesota.Department of Administration has <br /> advised that a city could not close a meeting under this exception to consider <br /> allegations of misconduct against a job applicant who had been e�ended a <br /> conditional offer of employment. (The job applicant was not a city <br /> employee).The commissioner reasoned that the city council had no <br /> authority to discipline the job applicant or to direct his actions in any way; <br /> therefore, he was not"an individual subject to its authority." <br /> iPnD io-oo�. The commissioner has also advised that a ta.pe recording of a closed meeting <br /> Minn.Stat.§ 13.43. <br /> for preliminary considera.tion of misconduct allegations is private personnel <br /> data under Minn. Stat. § 13.43, subd.4,and is accessible to the subject of <br /> the data.but not to the public.The commissioner noted that at some point in <br /> time, some or all of the data on the ta.pe may become public under Minn. <br /> Stax. § 13.43,subd.2. For e�mple, if the employee is disciplined and there <br /> is a final disposition, certa.in personnel da.ta becomes public. <br /> Minn.Stat.§13D.01,s�a.3. The following procednre must be used to close a meeting under this <br /> Minn.Stat.§13D.05,subd.1. <br /> ezception: <br /> � Before closing the meeting,the council must state on the record the <br /> �.- specific grounds for closing the meeting and describe the subject to be <br /> discussed. <br /> � The meeting must be open at the request of the individual who is the <br /> N°c�:�'�re�a�'� sub ect of the meetin Thus,the individual should be ven advance <br /> provision dealing with � g• � <br /> allegations of law notic�of the existence and nature of the charges against him or her, so <br /> enforcement persormel that the individual can make a decision. <br /> misconduct;see Minn.Stat§ <br /> 13D.05,subd.2(a)and . The meeting must be electronically recorded, and the recording must be <br /> �h°n II.F.z.b. preserved for at least three'yea.rs after the meeting. <br /> • If the public body decides that discipline of any nature may be warranted <br /> regarding the specific charges, further meetings must be open. <br /> b. Certain not-public data <br /> The genera.l rule is that meetings cannot be closed to discuss data that are not <br /> public under the Minnesota.Government Data.Pra.ctices Act.A meeting must <br /> be closed, however, if the following not-public data is discussed: <br /> Matnn.Stat§ 13D.05,s�a. . Data that would identify alleged victims or reporters of criminal sexual <br /> conduct, domestic abuse, or maltreatment of minors or vulnera.ble adults.- <br /> • Intennal affairs data relating to allegations of law enforcement personnel <br /> misconduct or active law enforcement investigative data.. <br /> � <br /> League of Minnesota Ci�es Infortnation Memo: r 11/9/2015 <br /> Meetings of City Councils Page 15 <br />