09 Open Meeting Law - Review - Laserfiche WebLink

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I RELEVANT LINKS: I Sce section Q.G.6.fnr more information about serial The open meeting law does not generally apply in situations where less than �� m��• a quorum of the city council is involved. However,serial meetings in groups of less than a quorum thax a,re held in order to avoid the requirements of the open meeting law may be found to violate the law,depending on the specific � facts. � F. Open meeting law exceptions Minn.Stat.§13D.01,S�a.s. �e��seven exceptions to the open meeting law that authorize the closure of ineetings to the public. Under these exceptions, some meetings M�j n.Stat§ 13D.05,�a.� may be closed and some meetings must be closed.Before a meeting is closed under any of the exceptions,the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. �,A�°13�°2 The cornmissioner of the Minnesota.Deparlrnent of Administration has rna,D ia-o�a. advised that a member of the public body(and not its attorney)must make the statement on the record.The open meeting law does not define the phrase"on the record"but the commissioner has advised that the phrase should be interpreted to mean a verbal statement in open session. The Fiee Press v.Cowtty oj �e��issioner has also advised that citin the ry $lue Eanh,677 N.W.Zd 471 � Sj)6Clf C StA.LlltO (M�,►�.cc A�.zoo4� authority that permits the closed meeting is the sirnplest way to satisfy the �'°��1°g'f'�a CO1II1n''s requirement for sta.ting the specific unds e �,«,t m�c u",��;,,g a gro p rmitting the meeting to be meeting uarler the attorney- closed.Both the commissioner and the Minnesota Court of Appeals have client priv7ege to discu�v concluded that somethin more s ecific than a eneral statement is needed � `�ending litigation"did not � p g satisfy the requirement of to satisfy the requirement of providing a description of the subject to be �"b'"g�`�'��`�°� discussed. a►��a�c a�t�a meeting). • , Minn Stat§ 13D.05,s�a.� All closed meetings,except those closed as permitted by the attorney-client ta). privilege,must be electronica.11y recorded at the expense of the public body. Unless otherwise provided by law,the recordings must be preserved for at least three years after the da.te of the meeting. Minn.Stat§ 13D.Q4,s�r,a.s. �e same notice requirements that apply to open meetings also apply to closed meetings. For example,if a closed meeting takes place at a regular meeting,the notice requirements for a regular meeting apply.Likewise, if a closed meeting takes place as a special meeting,the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings.The following types of ineetings may be closed: � League of MinnBsota Cities Irrtortnation Memo: 11/8/2015 MeeHngs of City Counals Page 11