7(b) Open Meeting Law - Discussion

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RELEVANT LINKS: • Active investigative data created by a law-enforcement agency, or internal-affairs data relating to allegations of law-enforcement personnel misconduct. • Educational,health, medical,welfare, or mental-health data.that are Minn s�c §§�aa.z9i-.z9s. not public data. � Certain medical records. Minn.Stat.§13D.05,subd A closed meeting held to discuss any of the not public data listed above 1(d). must be electronically recorded,and the recording must be preserved for at least three years after the meeting. Minn.Stat.§ 13D O5,subd. I pther not public data may be discussed at an open meeting without (b),(c). Dro o9-o�z. liability or penalty if the disclosure relates to a matter within the scope of the public body's authority, and it is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retains its original classification;however, a record of the meeting shall be public. 3. Misconduct allegations or charges Mmn.Stat.§13D.05,subds A public body must close one or more meetings for"preliminary 1(d),2(b). DPO 03-020.(Advising that consideration"of allegations or charges of misconduct against an when a meeting is closed individual subject to its authority. This type of ineeting must be open at the under this exceprion,Minn. Stat.§13.43,suba.a request of the individual who is the subject of the meeting. If the public requires the govemment body concludes discipline of any nature may be warranted, further entity to identify the individual who is being meetings or hearings relating to the specific charges or allegations that are d'�"�� held after that conclusion is reached must be open. This type of ineeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPO 14-004 The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. The job applicant was not a city employee.T'he 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." �Po io-ooi. The commissioner has also advised that a tape recording of a closed Minn.Stat.§13.43. meeting for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd.4, and is accessible to the subject of the da.ta but not to the public.The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd.2. League of Minnesota Cities Handbook far Minnesota Cities 10/16/2017 Meetings,Motions,Resolutions,and Ordinances Chapter 7�Page 15