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5.4 Open Meeting Law
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04-21-2022 Planning & Zoning Commission Meeting
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5.4 Open Meeting Law
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12 <br /> City councils routinely appoint individual councilmembers to act as liaisons between the council and <br /> particular committees.These types of meetings may also be subject to the open meeting law if the <br /> committee contains a quorum or more of the council or has decision-making authority.In addition, <br /> notice for a special council meeting may be needed if a quorum of the council will be present at the <br /> meeting and participating in the discussion. <br /> For example,when a quorum of a city council attended a meeting of the city's planning commission, <br /> the Minnesota Court of Appeals ruled that there was a violation of the open meeting law,not because <br /> of the councilmembers'attendance at the meeting,but because the councilmembers conducted <br /> public business in conjunction with that meeting.Based on that decision,the attorney general has <br /> advised that mere attendance by additional councilmembers at a meeting of a council committee held <br /> in compliance with the open meeting law would not constitute a special council meeting requiring <br /> separate notice.The attorney general warned,however,that the additional councilmembers should <br /> not participate in committee discussions or deliberations absent a separate notice of a special city <br /> council meeting. <br /> 4. Chance or social gatherings <br /> Chance or social gatherings of a quorum are not considered meetings under the open meeting law wANT <br /> and are therefore exempt from it.However,a quorum may not,as a group,discuss or receive TO <br /> KNOW <br /> information on official business in any setting under the guise of a social gathering. THIS <br /> In 1982,the Minnesota Supreme Court held that a conversation between two councilmembers over <br /> lunch regarding an application for a special-use permit did not violate the open meeting law because <br /> a quorum was not present. <br /> 5. Serial gatherings <br /> The Minnesota Supreme Court has noted that meetings of less than a quorum of the public body held <br /> serially to avoid public hearings or to fashion agreement on an issue may violate the open meeting <br /> law.In short,this type of situation is a circumvention of the statute.As such,councilmembers should <br /> avoid this type of practice. <br /> 6. Technology trouble <br /> The open meeting law does not address situations that may occur as a result of communication <br /> through telephone calls,letters,email or similar technology.The Minnesota Supreme Court found that <br /> v00-1.pNthe open meeting law did not apply to letters or to telephone conversations between less than a quorum. <br /> IoW While it is possible that a similar decision might be reached concerning the use of email and other forms <br /> .his of technology,it should be stressed that if a quorum of members is involved in the communication,it <br /> would likely be considered to be a violation of the open meeting law. <br /> In addition,serial discussions between less than a quorum of the council that are used to deliberate <br /> matters that should be dealt with at an open meeting would likely violate the open meeting law. <br /> Therefore,city councils and other groups to which the open meeting law applies should not use letters, <br /> telephone conversations,email,and other such technology if the following circumstances exist: <br /> • A quorum of the council is involved. <br /> • Information relating to official city business is being discussed. <br /> The use of social media by members of a public body does not violate the open meeting law as long as <br /> the social media use is limited to exchanges with all members of the general public.The open meeting <br /> law does not define the term"social media,"but this term is generally understood to mean forms of <br /> electronic communication,including websites for social networking like Facebook,LinkedIn,as well as <br /> blogs and microblogs like Twitter through which users create online communities to share information, <br /> ideas,and other content.The personal use of social media by councilmembers could still be used to <br /> support other claims such as claims of defamation or of conflict of interest in decision-making.As a <br /> result,councilmembers should make sure that any comments they make on social media are factually <br /> correct and should not comment on issues that will come before the council in the future for a quasi- <br /> judicial hearing and decision,such as the consideration of whether to grant an application for a <br /> conditional use permit. <br /> A Good Start to Good Governance League of Minnesota Cities <br />
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