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RELEVANT LINKS: <br /> �, I. Penalties <br /> Minn.Stat§ 13D.06,suna.z. �action to enforce the o en meetin law ma be bmu t b an erson in <br /> O'Keefe v.Cm-ter,No.Al2- P g y � Y y p <br /> osii�u,n.cc.APp.D�. any court of competent jurisdiction where the administra.tive office of the <br /> 3t,zoia��,�ubi��nea governing body is located. In an unpublished decision,the court of appeals <br /> decision).Minn.Stat.§ <br /> sa i.o��a�. concluded that this broad gra.nt of jurisdiction authorized a member of a <br /> town board to bring an action against his own town boazd for alleged <br /> violations ofthe open meeting law.This same decision also concluded that a <br /> two-year statute of limitaxions applies to lawsuits under the open meeting <br /> law. ' <br /> Minn.Stat§ 13D.06,suba�. A councilmember who intentionall violates the o en meetin law can be <br /> �'4� subject to personal liability in the form of a civil penalty of up to$300.The <br /> city may not pay this penalty.A court may take into account a <br /> councilmember's time and experience in office to determine the amount of <br /> the penalty. <br /> Minn.Stat§13D.06,s�na.a. �addition, a court may award reasonable costs,disbursements,and attorney <br /> See LMC information memo, <br /> LMCIT Liabiiity Coverage fees of up to$13,000 to the person who brought the violation to court.The <br /> ��,s�c'°r'�-�v�,°�' court may award costs and attorney fees to a city only if the action is found <br /> meeting law and bankruptcy <br /> ia�r�,for information to be frivolous and without merit.A city may pay for any costs, <br /> about insurance coverage for disbursements, and attorney fees awarded. <br /> lawsuits imder the open <br /> meeting law. <br /> Minn.Stat 13D.06,S�a.a. If a plaintiff prevails in a lawsuit under the open meeting law,an award of <br /> � reasonable attorney fees is manda.tory if the court determines the public <br /> body was the subject of a prior written advisory opinion from the <br /> commissioner of the Department of Administration,and the court finds that <br /> the opinion is directly related to the lawsuit and that the public body did not <br /> act in conformity with the opinion.A court is required to give deference to <br /> the advisory opinion in a lawsuit brought to determine whether the open <br /> meeting law was violated. <br /> Minn.Stat§ 13D.06,subd.4 No monetary penalties or attorney fees may be awazded against a member of <br /> (d).Coalwell v.Murray.No. <br /> c6-9s-aa36��,.cc.A�. a public body unless the court finds there was intent to violate the open <br /> .a�.6,199b)(impublished meeting law. <br /> decision).Elseth v.Kille,No. <br /> AI2-1496(Minn Ct.App. <br /> May 13,2013)(impublished <br /> opinion). <br /> Minn.Stat§ 13D.06,S�a.3. If a person is found to have intentionally violated this chapter in three or <br /> Claude v.Collins,518 <br /> rr.w.aa s36�M��a.i�va>. more separate actions,the person must be removed from office and may not <br /> Brown v.Camwn Falls serve in any other capacity with that public body for a period of time equal <br /> Towrrship,7Z3 N.W2d 31 <br /> �M�n.cc.aPp.zoo6�. to the term of office the person was serving. <br /> Minn.Stat§ 13D 06,subd.3 If a court finds a separate,third violation that is unrelated to the previous <br /> �b��d���. violations, it must declare the position vacant and notify the appointing <br /> authority or clerk of the governing body. <br /> � <br /> League of Minnesata Cities Irrtortnation Memo: 11/9/2015 <br /> Mebtings of City Councils page Z3 <br />