5.4 Open Meeting Law - Laserfiche WebLink

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The open meeting law The Minnesota open meeting law generally requires that all meetings of public bodies be open to the public. This presumption of openness serves three basic purposes: • To prohibit actions from being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions of public bodies or detect improper influences. • To ensure the public's right to be informed. • To afford the public an opportunity to present its views to the public body. The open meeting law also contains some specific notice and record-keeping requirements,which are discussed in detail in later sections of this document. • Groups to which the law applies The open meeting law applies to all governing bodies of any school district,unorganized territory,county, city,town or other public body,and to any committee,sub-committee,board,department or commission of a public body. Thus,the law applies to meetings of all city councils,planning commissions,advisory boards,firefighter relief associations,economic development authorities,and housing redevelopment authorities,among others. The Minnesota Supreme Court has held,however,that the governing body of a municipal power agency, created under Minn.Stat.§§453.51-453.62,is not subject to the open meeting law because the Minnesota Legislature granted these agencies authority to conduct their affairs as private corporations. ■ What is a meeting? There is no statutory definition of the term"meeting"for the purpose of the open meeting law.Minnesota courts have generally ruled that a meeting is a gathering of a quorum of public officials to discuss,decide or receive information on matters over which they have authority. Because the term"meeting"has not been clearly defined,the issue of whether or not a meeting has been held must be decided on a case-by-case basis.Some examples of cases are discussed in further detail in a later section of this memo. • Gatherings to which the law applies The open meeting law applies to any gathering of a quorum or more of public officials where the members discuss,decide or receive information as a group on issues relating to the official business of the public body. A"quorum"is a majority of the members of a statutory city council.A majority of the qualified members of any board or commission also constitutes a quorum.Home rule charter cities may have different quorum requirements in their charters. Thus,the open meeting law would apply to any of the following types of gatherings: • Regular and special meetings. • Public hearings. • Executive sessions. • Work sessions. • Retreats. A Good Start to Good Governance League of Minnesota Cities