5.4 Open Meeting Law - Laserfiche WebLink

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