My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
09 Open Meeting Law - Review
Laserfiche
>
Parks
>
Agenda Packets
>
2018
>
03-08-2018 Park Commission Meeting
>
09 Open Meeting Law - Review
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/1/2018 1:20:16 PM
Creation date
2/1/2018 1:20:14 PM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
16
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
RELEVANT LINKS: <br /> Se�section II.G.6.-SeHa[ <br /> �..! �ea,��. The Supreme Court concluded that the absence of a statutory exception to <br /> the open meeting law for interviews indicaxed that the legislature ha.d <br /> decided that such sessions should not be closed.The reasoning would seem <br /> to apply to a city council's interview of prospective officers and employees <br /> as well, if a quorum is present. <br /> Mattkato Free Press v City oj In 1996,a district court found that it was not a violation of the open meeting <br /> Nonh Mankato,No.C 1-96- <br /> t000s6 cF�ttn J�a.n�. law for candidates to be serially interviewed by members of a city council in <br /> 19��' one-on-one closed interviews. In this case,five city councilmembers were <br /> present in the sa.me building but each was conducting separate interviews in <br /> five different rooms.Beca.use there was no quorum present in any of the <br /> rooms,the court found there was no meeting.The decision,however,was <br /> appealed. <br /> Mmrkato Free Press v.City oj � 1997,the Minnesota.Court of A eals reversed the district court's <br /> North Mmdwto,563 N.W.2d PA <br /> z9i�;�,.cr npP.�99�. decision and remanded the case back to the disfict court for a factual <br /> o�nr���oscs-�9s-�f determination on whether the city used the one-on-one interview process in <br /> 677(Mim�.Ct App.Dx.15, order to avoid the requirements of the open meeting law.On remand,the <br /> �s�a��""p°bu�n�a`�'g;°°�. district court found that the private interviews were not conducted for the <br /> purpose of avoiding public hearings.The case was again appealed. In an <br /> , unpublished decision,the court of appeals affirmed the district court's <br /> decision. <br /> The conclusion that can be drawn from this decision appears to be that if <br /> serial meetings involving less than a quorum of a public body aze held for <br /> � the purpose of avoiding the requirements of the open meeting law, it will <br /> constitute a violation of the law.Cities that are considering holding private <br /> interviews with job applicants should first consult their city attorney. <br /> 3. Executive sessions <br /> A.G.Op.63-A-5(June 13, '�e attorne eneral has advised that executive sessions of a city council <br /> 195"n.See also Minn.Stat. Y g <br /> §13D.01,�,�a.��,��a�. must be open to the public. <br /> 4. Informational meetings and committees <br /> st.cr�N���,�,�.v. �e Minnesota.Supreme Court has held that informational seminars about <br /> Dtst 742 Community <br /> ���,332 N.W.2d I school-board business,which the entire board attends,must be noticed and <br /> (�"'�''I9s3�. open to the public.As a result, it appears that any scheduled gathering of a <br /> quorum of a city council where it receives information about city business <br /> must be properly noticed and open to the public,regazdless of whether the <br /> council takes or contemplates ta.king action at that gathering. <br /> In addition, many city councils create committees to make recommendations <br /> regarding a specific issue.Commonly,such a committee will be responsible <br /> for researching the issue and submitting a recommenda.tian to the council for <br /> its approval.These committees are usually advisory,and the council is still <br /> responsible for making the final decision. <br /> � League of Minnesata Cities IrtFormation Memo: <br /> Meetings of City Counciis 11/8/2015 <br /> Page 17 <br />
The URL can be used to link to this page
Your browser does not support the video tag.