5.4 Open Meeting Law - Laserfiche WebLink

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11 3. Emergency meetings An"emergency meeting"is a special meeting called because of circumstances that,in the judgment of the public body,require immediate consideration by the public body.Posted or published notice of an emergency meeting is not required.However,the city must make a good faith effort to notify each news outlet that has filed a written request for notice.Notice must be given by telephone or any other method to notify members of the public body.The notice must include the subject of the meeting. 4. Recessed or continued meetings No additional notice is needed for a recessed or continued meeting if all of the following criteria are met: • The meeting is a recessed or continued session of a previous meeting. • The time and place of the meeting was established during the previous meeting. • The time and place of the meeting was recorded in the minutes of the previous meeting. 5. Closed meetings The same notice requirements apply to closed meetings as to open meetings.Additionally, advance notice to an individual who will be the subject of such a meeting is needed under certain circumstances(such as to employees who are the subject of performance evaluations or disciplinary proceedings). • Written materials At least one copy of the materials related to agenda items that are made available to the council at or before the meeting must also be made available for inspection by the public.However,this does not apply to not-public data or materials relating to the agenda items of a closed meeting. • Common problems in applying the law There are many situations for which the open meeting law is unclear.This section provides an overview of some of the more common situations and how the law may be applied. 1. Data practices Generally,meetings may not be closed to discuss data that is not public.However,the public body must close any part of a meeting at which certain types of not-public data are discussed(such as active law enforcement investigative data,police internal affairs data,medical records data,and certain victim,health,medical or welfare data). If not-public data is discussed at an open meeting when the meeting is required to be closed,it is a violation of the open meeting law.Discussions of some types of not-public data may also be a violation of the Minnesota Government Data Practices Act(MGDPA).However,not-public data may generally be discussed at an open meeting without liability or penalty if both of the following criteria are met: • The disclosure relates to a matter within the scope of the council's authority. • The disclosure is necessary to conduct the business or agenda item before the public body. Data that is discussed at an open meeting retains its original classification under the MGDPA. However,a record of the meeting is public,regardless of the form.It is su a:ested that not-public data that is discussed at an open meeting not be specifically detailed in the minutes. 2. Executive sessions The attorney general has advised that executive sessions of a city council must be open to the public. 3. Committees and liaisons The attorney general has advised that standing committees appointed by a governing body also are likely subject to the open meeting law. Many city councils create committees to make recommendations to the council.Commonly,such committees will be responsible for researching a particular area and submitting a recommendation to the council for its approval.Such committees are often labeled as advisory,and the council is still responsible for making the final decision.The law is not clear when these types of committees or citizen panels are subject to the Open Meeting Law.Courts often do a fact analysis when reviewing Open Meeting Law challenges involving so-called"advisory"committees to determine if the committee represents a standing committee whose recommendations the council generally or always follows,or if the committee acts in more of an ad hoc advisory capacity.Many cities err on the side of caution and follow Open Meeting Law guidelines for all its citizen advisory committees. A Good Start to Good Governance League of Minnesota Cities