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RELEVANT LINKS: � a. Misconduct all � I egations Mim�.Stat.§ 13D.05,�,ba. A ublic bod must close a meetin for 2(b).Minn.Stat§13.43, p Y g preliminary consideration of ' �a.z�a>. allegations or charges against an individual subject to the public body's II IPAD 03-020. authOTll�. �i IP�n�4-ooa. The commissioner of the Minnesota Department of Administration has � advised that a city could not close a meeting under this exception to consider i allegations of misconduct against a job applicant who had been extended a conditional offer of employment.(The job applicant was not a city � employee).The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore,he was not"an individual subject to its authority." �PA°to-0°�. The commissioner has also advised that a ta e recordin of a closed meeting Minn Stat.§ 13.43. ]� g for preliminary considera,tion of misconduct allegations is private personnel daxa.under Minn.Stax. § 13.43,subd.4,and is accessible to the subject of the data.but not to the public.T'he commissioner noted that at some point in time,some or all of the data on the tape may become public under Minn. Stax. § 13.43,subd.2.For exasnple,if the employee is disciplined and there is a final disposition,certa.in personnel data becomes public. Minn.Stat§I3D.0I,�a.3. The following pracedure must be used to close a meetin ander this Minn.Stat.§t3D.05,subd.1. g ezception: • Before closing the meeting,the council must state on the record the ��..- specific grounds for closing the meeting and describe the subject to be discussed. • The meeting must be open at the request of the individua.l who is the N°�'�'�'�8�`� sub ect of the meetin Thus,the individual should be given advance provision dealmg with � �. �►��o�of►� notice of the existence and nature of the charges against him or her,so ��ce'°`�t�°`""t that the individual can make a decision. misconduct;see Minn.Stat§ 13D.05,subd.2(a)and . The meeting must be electronically recorded, and the recordin must be �bon II.F.z.b. preserved for at least three'years after the meeting. � • If the public body decides that discipline of any nature may be warranted regarding the specific chazges,further meetings must be open. b. Certain not-public data The general rule is that meetings cannot 6e closed to discuss data.that are not public under the Minnesota.Government Data Pra.ctices Act.A meeting must be closed, however,if the following not-public data is discussed: Minn.Stat§ 13D.05,sUna. • Data that would identi a11e ed victims or zca>. fY S reporters of crirninal sexual conduct,domestic abuse,or maltrea.tment of minors or vulnerable adults.. • Internal affairs data relating to allegations of law enforcement personnel misconduct or active law enforcement investigative data. � League of Minneaota Cides Inforrnatlon Mema � 11/9/2015 Meednga of City Councils Page 15