7(b) Open Meeting Law - Discussion

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RELEVANT LINKS: 2. Attorney General Minn.Stat §8.07 See index 'I'he Minnesota Attorney General is authorized to issue written advisory of Attomey General Advisory Opinions from opinions to city attorneys on"questions of public importance:'The �993 t°pre�°t. Attorney General has issued several advisory opinions on the open meeting law. I. Penalties Minn Stat.§ 13D.06,suba. Any person who intentionally violates the open meeting law is subject to 1. personal liability in the form of a civil penalty of up to $300 for a single craude v.corr�,�,sis occunence. The public body may not pay the penalty. A court may N.W.2d 836(Minn.1994). consider a councilmember's time and experience in office to determine the amount of the civil penalty. Minn.Stat.§13D 06,suba. An action to enforce this penalty may be brought by any person in any o�xeefe v.c�te.,No.ni2- court of competent jurisdiction where the administrative office of the 0811(Minn.Ct.App.2012) governing body is located. (unpublished opinion). In an unpublished decision,the Minnesota Court of Appeals concluded that this broad grant of jurisdiction authorized a member of a town board to bring an action against his own town board for alleged violations of the open meeting law.This same decision also concluded that a two-year statute of limitations applies to lawsuits under the open meeting law. M�nn.Stat.§13D.06,s�ba. 'I'he court may also award reasonable costs, disbursements, and attorney 4.See LMC information m�o,LMCIT Liability fees of up to$13,000 to any party in an action alleging a violation of the Coverage Guede,for open meeting law. The court may award costs and attorney fees to a information about insurance coverage for lawsuits under defendant only if the action is found to be frivolous and without merit. the open meeting law. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members. Minn.Stat §13D 06,S�a If a party prevails in a lawsuit under the open meeting law, an award of 4. reasonable attorney fees is mandatory if the court determines that the public body was the subject of a prior written advisory opinion from the commissioner of the Minnesota Department of Administration, and the court finds that the opinion is directly related to the lawsuit and that the public body did not act in conformity with the opinion.A court is required to give deference to the advisory opinion. Minn.Stat.§ 13D.06,5uba.4 No monetary penalties or attorney fees may be awarded against a member (d).Coalwell v.Murray, No. of a ublic bod unless the court finds that there was intent to violate the C6-95-2436(Minn.Ct.App. p }� Aug 6,1996)(unpublished open meeting law. decision).Elseth v.Hille, No Al2-1496(Minn.Ct.App. May 13,2013)(unpublished opinion). League of Minnesota Cities Handbook for Minnesota Cities 10/16/2017 Meetings,Motions,Resolutions,and Ordinances Chapter 7�Page 24