05 - Open Meeting Law Training - Laserfiche WebLink

Home Browse Search

A.G.Op.434-A-2(July 14,1955); Whether an office has actually been abandoned is a question of fact that must Also see previous section. be determined on a case-by-case basis. The attorney general has said that mere absence by itself does not mean that the office has been abandoned.Following a 90-day period,the office may be declared vacant and the officer replaced on a temporary basis. There are no clear guidelines as to how long a councilmember must be absent in order for the office to be considered permanently vacant. A.G.Op.434-A-2(July 14,1955). If the city council believes that the absent councilmember has abandoned the office,it can pass a resolution making this finding.The council should first give the absent councilmember notice and an opportunity to be heard. A city council that is considering declaring an office vacant due to abandonment should first consult with its city attorney. g. Criminal penalties Minn.Stat.§609.43. It is a gross misdemeanor for a public officer to intentionally fail to perform a known mandatory,nondiscretionary,ministerial duty of his or her office.It is arguable that attending council meetings might fall into this category of duties for councilmembers. Minn.Stat.§351.02. This type of remedy may be an extreme measure. Conviction may constitute a violation of the councilmember's oath of office,which would result in the office being vacant.Again,a city council that is considering this remedy should first consult with its city attorney. E. Meeting room 1. Smoking Minn.Stat.§§144.414,surd 1; The Minnesota Clean Indoor Air Act prohibits smoking at a public meeting 144.412. except in a designated smoking area.This law protects the public health, comfort,and environment by prohibiting smoking in areas where children or ill or injured people are present,and by limiting smoking in public places and at public meetings to designated smoking areas. Minn.Stat.§144.415. A smoking area may be designated except in places where smoking is prohibited by the fire marshal,another law,rule,ordinance or charter provision.When a smoking area is designated,existing physical barriers and ventilation systems must be used to minimize the toxic effect of smoke in adjacent non-smoking areas.No public place may be designated as a smoking area in its entirety. Minn.Stat.§144.416. A city must make reasonable efforts to prevent smoking in the public place by posting appropriate signs,arranging seating to provide a smoke-free area, asking smokers to refrain from smoking on request of a client or employee suffering discomfort from the smoke,or using any other appropriate means. 38 League of Minnesota Cities