7(b) Open Meeting Law - Discussion

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RELEVANT LINKS: Because this decision is unpublished, it is not binding precedent on other courts. In addition,the outcome of this decision might have been different if the email communications had related to something other than operational matters, for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. M».sr�c.��3�.o6s. The open meeting law was amended in 2014 to provide that"the use of social media by members of a public body does not violate the open meeting law as long as the social media use is limited to exchanges with all members of the general public."Email is not considered a type of social media under the new law. The open meeting law does not define the term "social media,"but this term is generally understood to mean forms of electronic communication, including websites for social networking like Facebook, LinkedIn,and MySpace as well as blogs and microblogs like Twitter through which users create online communities to share information, ideas, and other content. [t is important to remember that the use of social media by councilmembers could still be used to support other claims such as claims of defamation or of conflict of interest in decision-making. As a result, councilmembers should make sure that any comments they make on social media are factually correct and should not comment on issues that will come before the council in the future for a quasi judicial hearing and decision, such as the consideration of whether to grant an application for a conditional use permit. s�n-G-a-.��,�,�,een►,gs. It is also important to remember that serial discussions between less than a quorum of the council could violate the open meeting law under certain circumstances. As a result, city councils and other public bodies should take a conservative approach and should not use telephone calls, email, or other technology to communicate back and forth with other members of the public body if both of the following circumstances exist: • A quorum of the council or public body will be contacted regarding the same matter. • Official business is being discussed. Minn.Stat.§13 02,s�ba �. Another thing councilmembers should be careful about is which email account they use to receive emails relating to city business because such emails likely would be considered government data that is subject to a public-records request under the Minnesota Government Data Practices Act(MGDPA). League of Minnesota Cities Handbook for Minnesota Cities 10/16/2017 Meetings,Motions,Resolutions,and Ordinances Chapter 7�Page 22