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7(b) Open Meeting Law - Discussion
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03-15-2018 Planning Commission Meeting
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7(b) Open Meeting Law - Discussion
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RELEVANT LINKS: i <br /> E. Gatherings governed by the open meeting law I <br /> Mobe�v.rn�p.s�h.orsr. 'I'he open meeting law does not define the term "meeting."The Minnesota <br /> No.281,336 N.W.2d 510 <br /> (Minn. 1983).St.Cloud Supreme Court, however,has ruled that meetings are gatherings of a <br /> Newspapers,lnc.v.Drst.742 quorum or more members of the governing body—or a quorum of a <br /> Communety Schools,332 <br /> N.w.za��Mu,n. i9s3�. committee, subcommittee, board, department,or commission thereof—at , <br /> which members discuss, decide, or receive information as a group on <br /> issues relating to the official business of that governing body. <br /> M�M Stat.§412.191,s�na. For most public bodies, including statutory cities, a majority of its <br /> l.Minn Stat.§645.08(5). i <br /> qualified members constitutes a quorum. Charter cities may provide that a I <br /> different number of inembers of the council constitutes a quorum. <br /> See Section II-G-4 for more 'I'he open meeting law does not generally apply in situations where less <br /> informaYion about serial <br /> m�t;,,gs. than a quorum of the council is involved. However, serial meetings, in <br /> groups of less than a quorum,that are held to avoid the requirements of the ! <br /> open meeting law may be found to violate the law,depending on the �' <br /> specific facts. <br /> F. Open meeting law exceptions <br /> The open meeting law is designed to favor public access.Therefore,the � <br /> few exceptions that exist are carefully limited to avoid abuse. ' <br /> Minn.Stat.§13D.05,5�ba All closed meetings(except those closed under the attorney-client <br /> ��d� privilege)must be electronically recorded at the expense of the public '� <br /> body. Unless otherwise provided by law,the recordings must be preserved ' <br /> for at least three years after the date of the meeting. <br /> Mmn.Stat.§13D Ol,s��a. Before closing a meeting under any of the following exceptions, a city <br /> 3. <br /> council must make a statement on the record that includes the specific <br /> grounds that permit the meeting to be closed and describes the subject to <br /> be discussed. <br /> Dro ia-oos.Dro�3-oiz. �e commissioner of the Minnesota Department of Administration has <br /> DPO 06-020.DPO 14-005. <br /> See The Free Press v.Counry advised that a member of the public body(and not its attorney)must make <br /> ofer��r�n,677 N.W.2d the statement on the record. The commissioner has also advised that citing <br /> 471(Mirm.Ct.App.2004) <br /> (holding that the county°5 the specific statutory authority that permits the closed meeting is the <br /> statement that it was closing simplest way to satisfy the requirement for stating the specific grounds <br /> a meeting under the attomey- <br /> client privilege to discuss permitting the meeting to be closed. Both the commissioner and the <br /> °°pending litigation"did not Minnesota Court of Appeals have concluded that something more specific <br /> satisfy the requirement of <br /> describing the sub�ect to be than a general statement is needed to satisfy the requirement of providing a <br /> discussed at the closed description of the subject to be discussed. <br /> meeting). <br /> League of Minnesota Cities Handbook for Minnesota Cities 10/16/2017 <br /> Meetings,Motions,Resolutions,and Ordinances Chapter 7�Page 13 <br />
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