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05 - Open Meeting Law Training
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04-17-2007 Council Meeting
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05 - Open Meeting Law Training
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2. Clerk <br /> Minn.Stat.§412.191,subd.1. In a Standard Plan statutory city,the clerk is an elected member of the council. <br /> As such,he or she has the same voting powers and other privileges,as do the <br /> other councilmembers. Like the mayor,the clerk in a Standard Plan city is able <br /> to make and second motions. <br /> In Plan A or Plan B statutory cities,the clerk is not a member of the council, <br /> and therefore,cannot vote or participate in council proceedings.Again,home <br /> rule charter cities may have different provisions in their charters. <br /> 3. City managers <br /> Minn.Stat.§412.651,subd.5. In a Plan B city,the city manager must attend all council meetings.He or she <br /> has the right to take part in the discussions,but not to vote.The council has the <br /> power to exclude the city manager from any meeting at which the manager's <br /> removal is considered. <br /> 4. Councilmembers with disqualifying interests <br /> See League research memo Sometimes,a councilmember may have a personal interest in a matter that the <br /> Official Conflict of Interest council must address,like licenses,zoning matters,special assessments or <br /> (140a.3)for more information. actual contracts.If it is determined that an individual councilmember has such <br /> an interest,the individual might be disqualified from participating in the <br /> decision. <br /> Minn.Stat.§471.88. Under some circumstances,state statutes require that the interested <br /> Lenz v.Coon Creek Watershed councilmember abstain from voting.Under other circumstances,the law is less <br /> Dist.,278 Minn.1,153 N.W.2d clear.However,a Minnesota Supreme Court decision suggests that an officer <br /> 209(1967). with a disqualifying interest should abstain from voting even when not <br /> expressly required to under the statutes. <br /> 5. Audience participation <br /> See Part 11-Meetings and Audience members are not normally able to take an active part in the council's <br /> hearings. discussion at a meeting. Only the council can make motions and vote at a <br /> council meeting.Audience members may not speak unless they have been <br /> recognized by the chair. <br /> Many city councils have scheduled a portion of their meeting for public <br /> comment.These are often referred to as"open forums."During this part of the <br /> meeting,the chair of the council will recognize members of the audience to <br /> speak briefly on topics that concern them. <br /> If a large number of audience members wish to speak, the meeting may not <br /> progress efficiently. Likewise,if one person spends a long time expressing his <br /> or her view,others may not get the opportunity to present their views.The <br /> following sections discuss ways to address some of these problems. <br /> 28 League of Minnesota Cities <br />
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