05 - Open Meeting Law Training - Laserfiche WebLink

Home Browse Search

The implication of this decision appears to be that if serial meetings are held for the purpose of avoiding the requirements of the open meeting law,it will constitute a violation of the law.Cities that are considering holding private interviews with job applicants should first consult their city attorney. 3. Executive sessions A.G.Op.63-A-5(June 13,1957). The attorney general has advised that executive sessions of a city council must be open to the public. 4. Committees and liaisons A.G.Op.10-b(July 3,1975). The attorney general has advised that citizens' advisory panels that are appointed by a governing body are also 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 usually advisory,and the council is still responsible for making the final decision. A.G.Op.63a-5(Aug.28,1996). City councils routinely appoint individual councilmembers to act as liaisons Sovereign v.Dunn,498 N.W.2d 62 between the council and particular committees.These types of meetings may (Minn.App. 1993). 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. Thuma v.Kroschel,506 N.W.2d 14 For example,when a quorum of a city council attended a meeting of the city's (Minn.App. 1993);A.G.Op.63a- planning commission,the Minnesota Court of Appeals ruled that there was a 5(Aug.28,1996). 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. 5. Chance or social gatherings St.Cloud Newspapers,Inc.v. Chance or social gatherings of a quorum are not considered meetings under District 742 Cmoy Sch.,332 the open meeting law and are therefore exempt from it.However,a quorum N.W.2d 1(Minn.1983). may not,as a group,discuss or receive information on official business in any Moberg v.lndep.Sch.Dist.Mo. setting under the guise of a social gathering. 281,336 N.W.2d 510(Minn. 1983). 20 League of Minnesota Cities