5.4 Open Meeting Law - Laserfiche WebLink

Home Browse Search

9 Procedure.The following must be done to use this exception: — Before closing the meeting,the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed.The council should also describe how a balancing of the purposes of the attorney-client privilege against the purposes of the open meeting law demonstrates the need for absolute confidentiality. — The council must actually communicate with its attorney at the meeting. • Purchase or sale of property.A public body may close a meeting to:determine the asking price for real or personal property to be sold by the public body;review confidential or nonpublic appraisal data;develop or consider offers or counteroffers for the purchase or sale of real or personal property. Procedure.The following must be done to use this exception: — Before closing the meeting,the public body must state on the record the specific grounds for closing the meeting,describe the subject to be discussed,and identify the particular property that is the subject of the meeting. — The meeting must be tape-recorded and the property must be identified on the tape.The recording must be preserved for eight years,and must be made available to the public after all property discussed at the meeting has been purchased or sold or after the public body has abandoned the purchase or sale. — A list of councilmembers and all other persons present at the closed meeting must be made available to the public after the closed meeting. — The actual purchase or sale of the property must be approved at an open meeting,and the purchase or sale price is public data. • Security Briefings.A meeting may be closed to receive security briefing and reports,to discuss issues related to security systems,to discuss emergency-response procedures and to discuss security deficiencies in or recommendations regarding public services,infrastructure,and facilities —if disclosure of the information would pose a danger to public safety or compromise security procedures or responses.Financial issues related to security matters must be discussed,and all related financial decisions must be made at an open meeting. Procedure.The following must be done to use this exception: — Before closing the meeting,the public body must state on the record the specific grounds for closing the meeting and describe the subject to be discussed.When describing the subject to be discussed,the public body must refer to the facilities,systems,procedures,services or infrastructure to be considered during the closed meeting. — The closed meeting must be tape-recorded,and the recording must be preserved for at least four years. 2. Meetings that must be closed There are some meetings that the law requires to be closed.The following meetings must be closed: • Meetings for preliminary consideration of allegations or charges against an individual subject to the public body's authority.While the law permits the council to announce that it is closing a meeting to consider charges against an individual,it is still the best practice not to refer to that individual by name.The council should state only that it is closing the meeting to give preliminary consideration to allegations against someone subject to its authority.However,if someone requests the name of the employee who is the subject of the closed meeting,the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. Procedure.The following must be done to use this exception: — Before closing the meeting,the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. — The meeting must be open at the request of the individual who is the subject of the meeting. Thus,the individual should be given advance notice of the existence and nature of the charges against him or her,so that the individual can make an informed decision. — The meeting must be electronically recorded and the recording must be preserved for at least three years after the meeting. A Good Start to Good Governance League of Minnesota Cities