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09 Open Meeting Law - Review
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03-08-2018 Park Commission Meeting
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09 Open Meeting Law - Review
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RELEVANT LINKS: <br /> �- A city that wants to hold private interviews with applicants for city <br /> employment should first consult with its city attorney. <br /> 7. Training sessions <br /> c��res�.cr�t V�t(lether the artici at' q <br /> Newspapers.lnc.v.Dist.742 P p ion of a uorum or more of councilmembers in a <br /> co„���s�+ao�,332 training program should be considered a meetin under the o n meetin <br /> N.W2d I(Minn.1983)and taW Would likel de end on whether the ro � � g <br /> AG Op.63a 5(Feb.5, Y P p gram includes a discussion of <br /> t9�s). general training information or a discussion of specific matters retating to an <br /> individual city. <br /> A.G.Op.63a-5(Feb_5, <br /> i9�s>. The attorney general has advised that a city council's participation in a non- <br /> public training program devoted to developing skills at effective <br /> cornmunica.tion was not a meeting subject to the open meeting law. <br /> However,the opinion also stated that if there were to be any discussions of <br /> specific city business by the attending members,such as where <br /> councilmembers exchange views on the city's policy in granting liquor <br /> licenses,such discussions would likely violate the open meeting law. <br /> 8. Telephone, email, and social media <br /> Mobergv.Indep.Sch.DIs� It is possible that communication throu tele hone calls,email,or other <br /> No.28i,336 N.W.Zd 510 �1 p <br /> �M;��.�9s3>. technology could violate the open meeting law.The Minnesota.Supreme <br /> Court has indicated that communication through letters and telephone ca11s <br /> could violate the open meeting law under certain circumstances. <br /> �, �Paa oa-oao. T'he commissioner of the Minnesota Depa.rtment af Administration has <br /> advised that back-and-forth email communica.tion among a quorum of a <br /> public body in which ot�icial business was discussed violated the open <br /> meeting law.However,the opinion also advised that"one-way <br /> communication between the chair and members of a public body is <br /> permissible,such as when the chair or a staff sends meeting materials via <br /> email to all board rnem6ers,as long as no discussion or decision-making <br /> ensues:' <br /> o�Kee,/'e v.carter 1vo..412- �Collttast�the Mi11t]esota.CouTt of A eals,in an un ublished decision has <br /> 0811(Minn.Ct.App.De�. p�i p � <br /> 3�,2012)(unpublished concluded that email communications are not subject to the open meeting <br /> �`s`°"�. law because they are written communications and are not a"meeting"for <br /> purposes of the open meeting law. <br /> The decision also concluded that even if the email messages were subject to <br /> the open meeting law,the substance of the emails in question did not contain <br /> the type of discussion that would be required for a prohibited"meeting"to <br /> have occurred.The decision noted that the su6stance of the email messages <br /> was not important and controversial; instead, it related to a relatively <br /> straightforward operational matter.The decision also noted that the town <br /> board members did not appear to make any decisions in their email <br /> messages. <br /> � League of Minnesota Citles Information Memo: 11l9/2015 <br /> Meetlngs of City Councils <br /> Page 20 <br />
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