The URL can be used to link to this page

Home My WebLink About2.a. Commission OrientationCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR DISCUSSION i COMMITTEE OF THE WHOLE DATE: JANUARY 12, 2000 AGENDA ITEM: COMMISSION ORIENTATION AGENDA NO. 2.A. DISCUSSION PREPARED BY: THOMAS D. BURT, CITY ADMINISTRATOR ATTACHMENTS: ROSEMOUNT ORIENTATION INFO., BROOKLYN PARK ORIENTATION PACKET City Council set a special meeting for Wednesday, February 2, 2000 for all commissioners to attend. This will serve as orientation for newly selected commissioners and a refresher for current commissioners. Attached are copies of the past information shared with new commisioners and also Brooklyn Park's orientation packet. Please review these and advise staff of your recommendations. • Rosemount, - 1Vhnnesota Vision Statement Rosemount offers the opportunities to live, work, shop, play, and learn while maintaining its unique historical background, and continues to enhance its small town character and pride through neighborhoods, parks, downtown, schools, and community activities. Mission Statement The City of Rosemount and its: citizens work together to provide a safe, healthy, pleasant community in a fiscally responsible manner. City of Rosemount Mayor & City Council h .'•i , Mi'1 &�XAf ,1 '.A1 'i1>l �l n N+tlM Citizen Advisory Committees Legal - Planning Commission - Parks & Recreation Advisory Committee CI Administrator Ty - Port Authority - Utility Commission , j City Clerk Personnel Community =Public Parks & Recreation Police Fire Finance Development - Engineering - Streets - Recreation Programs - Community Center - Prevention - Budget Preparation - Suppression - Financial Management - Planning - Inspections - Patrol - Investigation - Utilities - Sports Facilities - D.A.R.E. - Investigation - Auditing ode Enforcement - Code Ennfo C - Economic Development - Fleet Maintenance - Ice Arena - Records - Medical Rescue - Investments - Parks Maintenance y k4ui w uadavzj 4v /4:11 .wliu... (I(oiIod uoi alas as ivauaob uas�) apoo s,aaquaaw uolsslwwoo y a ;+sue AN -.... ., ...,.:.'.r�.�� "Item Inns loc My 4 members shall be determined by a resolution or an ordinance actoptecL =s by the council. The board members shall serve staggered three =year terms and may be removed for misconduct or neglect. Minn. Star. § 134.10. ` " Board members serve without pay but may be reimbursed for actual ,= and necessary traveling expenses. ' 'Minn. StaG § 134.11; Minn. stat. § Once established, the board prescribes its rules of procedure, selects 134.13.. its officers and controls the library fund. Besides appointing new = members to the board, the council must approve all purchases of land and proposals for the erection of buildings. The board must file an - annual report each year with the city council and the Department of =_ Education. _. Park board Minn. StaL § 412.501. The council of any city of more than 1,000 population may, by ordinance, establish a park board. The board shall consist of three, five, seven or nine members as determined by resolution or ordinance of the council. The board members are appointed by the mayor with '= " council approval. Members serve three -year overlapping terms and may be removed by the mayor, with the council's consent, for cause after a hearing. No compensation is received by the board members - unless the council authorizes compensation. The board may dissolved by a unanimous vote of the council. " Minn. Star. § 412-501; Minn. scat. § The park board shall maintain, beautify and care for park property, 412521. and perform all other acts necessary to carry out its statutory powers.' The board must make quarterly reports of its activities to the council and file an annual statement of receipts and disbursements with the t .—city clerk. 4 A. 10] Minn s tar. §§ 4535 62 :Any two or more cities;may form a municipal power agency if each passes "a resolution authorizing "an agreement The purpose of the b , _city to, secure an adequate, economical and reliable supply of E 3 _ . ... .' .. - k Y for cities that own and operate a utility for the distribution of - - energy . ever All aaenc wens lie with its board of,directors, gy e y Po d As= .[ 3 �V..".1,A , the power of eminent domain, and the authority to issue a s . _ 4 _ .facilities, bonds an d notes. Any city council may, by resolution, exercise any of :. .. , I . _DB0OKFORMI'1 Municipal gas agencies _ Minn. Stat. §§ 453A.01 -.12. Any two or more cities owning or operating a utility for the local distribution of gas may form a municipal gas agency if each passes a 10] Minn s tar. §§ 4535 62 :Any two or more cities;may form a municipal power agency if each passes "a resolution authorizing "an agreement The purpose of the b , _city to, secure an adequate, economical and reliable supply of E 3 _ . ... .' .. - k Y for cities that own and operate a utility for the distribution of - - energy . ever All aaenc wens lie with its board of,directors, gy e y Po electric { include constructing and acquiring generating and transmission , the power of eminent domain, and the authority to issue a s . _ 4 _ .facilities, bonds an d notes. Any city council may, by resolution, exercise any of :. .. , these powers as if it were a municipal power agency Municipal gas agencies _ Minn. Stat. §§ 453A.01 -.12. Any two or more cities owning or operating a utility for the local distribution of gas may form a municipal gas agency if each passes a resolution authorizing the agreement. The purpose is to secure an adequate, economical and reliable supply of gas for utility customers. The board of directors exercises all agency powers. Any city may, by resolution, exercise any of the powers of a municipal gas agency as if ` it were an agency. Special board of review _ Minn. Star. § 274.01, subs. 2. The governing body of any city may appoint a special board of review. This special board of review serves at the direction and discretion of the city council. The council determines the number of members, the compensation and expenses to be paid, and the term of office of each member. At least one member of the special board must be an appraiser, realtor or familiar with property valuati ons in the assessment district. (See later chapters in the Handbook for more information on these ` boards and commissions.) .. - Advisory boards and commissions Minn. S § 412.111. Another important link in city governing activities is the work of advisory boards and commissions. These entities are much like the :. independent or administrative boards and commissions. The city council may create and dissolve them by resolution, appoint people to on them, and exercise other powers of general supervision over - Minn. scat. § 462 354, subd. t. - . serve them. The council must, however, pass an ordinance to create a - planning commission. _ h' £ rt i- �•.x� Will :"_ -138 ty which supports it �� .. _ �� r ya f - � �..��.�: ,_ _ A °k t.�. yd a S - 5.. �! �_ .Z" SA C E. Re resentation of Private Interests. No public official whose salary is paid in full or in part by the City shall undertake any of the following 1 actions. _r 1, A earances Before Citv Aszencies Except as provided in_`' Section' VII E.4., no public official shall appear on behalf of the private interests of any person or entity before any agency,' board, committee, commission or other entity of the. City. IN _• 2. Proceedings Invoiving the City. Except as provided in Section ial shall represent the private interests VII E.4., no public offic of a person or entity in any threatened or commenced legal action or legal proceeding in which the City is a party when m . such private interests are contrary to the interests of the City. 3. Consultation /Advice to Private Interests. No public interests an ally *r s counsel or provide advice regarding the private i y person or enti ty with respect to a threatened or commenced legal action or legal proceeding in which the City is a party when such private interests are contrary to the City's interests. 4. Repres entation Exception. A public official may represent his /her own private interests before the City in matters or proceedings set forth in Sections VII E.1. and 2. above if: _ a. The public official renounces his /her public position and authority at all times relevant to representation of his/her own interests; and b. Such representation is limited to the public official's own interests and does not directly encompass representation of the private interests of another person or entity. F. Contracts with the City. Except as otherwise provided offi ial shall take Statutes, Sections 471.87 through 471.89, no p when he/she" part in the making of a sale, lease or contract for the City a Rosemount has an interest in the transaction; nor shall a member o - City Council be directly or indirectly interested in any contract the City Council makes. al G. Interest in Legislation. No public official shall use her legislation, position with the City to influence the passage or defeat whether at the municipal or state level, in which the public official has an interest. • 4 resu t o vi . SECTION . DySTR�UTION OF CODE. XI The City Clerk shall cause a copy of this Code to be distributed to every public'_ ` official of the City within thirty (30) days after enactment n to Code. i this Code shall bew public official appointed or engaged after initial distribu furnished a copy before entering upon his/her municipal duties._ SECTION XII, SEVERASILM. If an rovision of this Code is found by a court of compete j uris di ction t o or invalid or unconstitutional, or if the application of this Code an y p erson or circumstances is found to be invalid or unconstitutio uc of i this h Co which shall unconstitutionality shall not affect the remairung pro i out the invalid or unconstitutional provision. be given effect with SECTION XIII- This Ordinance and the Code adopted by the same shall be in all published d effect in from its passage and approval in accordance with law, as printed book form. ADOPTED this 1st day of June, 1993. E.B. 4�cM�enoLmy, Mayor o� Sus M. W h, City Clerk he � Y da of A 1993 Published in the Dakota' County Tribune on t f SECTION X: PENALTIES AND FORFEIT OF POSITION. City Council Members. Any member of the City Council who violates A. this Code should consider whether voluntary resignation or other: is indica_ ted to the best interest of the City. disciplinary action .promote �&_ The of the City. Council may censure any member of the remainder council who violates this Code. y i B. Other Public Officials. Arty appointed officials or othe e of 4: the City may be subject to suspension or dismissal from ofce as a . 1 f 'olation of this Code. s resu t o vi . SECTION . DySTR�UTION OF CODE. XI The City Clerk shall cause a copy of this Code to be distributed to every public'_ ` official of the City within thirty (30) days after enactment n to Code. i this Code shall bew public official appointed or engaged after initial distribu furnished a copy before entering upon his/her municipal duties._ SECTION XII, SEVERASILM. If an rovision of this Code is found by a court of compete j uris di ction t o or invalid or unconstitutional, or if the application of this Code an y p erson or circumstances is found to be invalid or unconstitutio uc of i this h Co which shall unconstitutionality shall not affect the remairung pro i out the invalid or unconstitutional provision. be given effect with SECTION XIII- This Ordinance and the Code adopted by the same shall be in all published d effect in from its passage and approval in accordance with law, as printed book form. ADOPTED this 1st day of June, 1993. E.B. 4�cM�enoLmy, Mayor o� Sus M. W h, City Clerk he � Y da of A 1993 Published in the Dakota' County Tribune on t f 3 A public body is also required to close a meeting for preliminary.,_ consideration of allegations or charges against an individual subject to its authority. However, if the _members of the public body conclude that discipline of. any nature is warranted, further meetings or hearings must .be open. Additionally, if the person against whom I disciplinary proceedings. are being considered requests, the preliminary meeting must - be open. 4. At its discretion a public body may close a meeting to. evaluate the performance of an individual subject to its authority. Again, the person whose performance is being evaluated may demand that the meeting be open. 5. Finally,.meetings may be closed if closure is expressly authorized by specific statute or permitted by the attorney- client privilege. The attorney- client privilege exception is clearly the thorniest and most difficult to . properly construe. The latest judicial thinking on the parameters of this exception is found in the attached Special School District #1 v. Star Tribune, Court of Appeals Case (attached as Exhibit B) which says: When a public body can show that litigation is eminent or threatened, or when a public body needs advice above the level of general legal advice, i.e., regarding specific acts and their legal consequences, then the attorney - client exception applies. VIOLATION /PENALTY Any person who violates the Open Meeting requirement is subject to personal liability in the form of a -civil penalty in an amount not to exceed $100 for each occurrence of violation. After a third violation of the Open Meeting Law by a single person serving .the- same governing body, such person shall forfeit any further right to serve on the .governing body -of- or in any. -other capacity with such public - body -for a period of time equal to the term of office such person was then serving. LEGAL EXPENSE REIMBURSEMENT On occasion, officials of public bodies who are accused of violations of the Open Meeting Law choose to contest the claimed violation. please note that obtaining legal reimbursement for legal expenses incurred in contesting an alleged violation of the Open Meeting Law can be very difficult. In this regard, please take the time to read the Attorney General's Opinion on this .subject attached as Exhibit C. THE. EFFECTIVE PLANNING. COMMISSIONER Ask Questions Well and you Even Receive Worthwhile Answers'. -4 4 - P 11-11- t planning commissioners are Inundated with reports, mem- oranda, and other forms of written information. For many of us, reading through piles of documents is not the most effective way to gain and retain informa- tion. We learn best by talking to people and exchanging ideas — among commis- sioners, between commissioners and staff, and with the public. However, our ability to benefit from verbal interchange can be impaired severe- ly if we do not listen with an open and receptive attitude. Do you automatically assume that faulty actions equal disreputable motives? Before you hear all sides, do you automatically assume that the developer is motivated only by greed when cutting down an ancient tree? That the merchant knowingly disobeys the city's sign ordinance when erecting a sign two inches above the limit? A "guilty before proven" attitude can put you at a disadvantage. By impugning someone's integrity without a fair discus- sion, you confer a mantle of victimhood that may bring you unexpected enemies. Does your body language reveal that you are unreceptive to other points of view? There are many non - verbal ways you can give yourself away. Planning commissioners are known to lean way back in their chairs, fold their arms, roll their eyes, or tap impa- tiently on the table. Some even close their eyes in feigned or real boredom. Any "nice" words they say are belied by such behavior — which people can translate easily — creating animosity toward you and your colleagues. Do you state all your opinions so `strongly that you appear to be daring someone to offer rebuttal? If you throw down the gauntlet each time you 'give your opinion, you esca- late the rhetoric and force people to counter with theirs. You gain an advantage by Elaine Cogan if you use a conciliatory tone of voice, starting off with words such as, "It seems to me," or "As I look at the situation." There may be times you feel you have to express your position in unequivocal terms, but those should be rare. Inmost situations, there is truth and right on both sides. If you are noted for your Nvillingness to be conciliatory, people will listen and take notice when you do feel strongly or uncompromisingly about something. NS • BR AVE ICE •� �,"TM COMFOR OF ' R OOMS • SHO ' A. PUBLIC i' SER • Is your tone sarcastic or angry? Most per- petrators of this behavior usually accom- pany their words with folded arms and frowns. "Well, sure, you just never saw the signs we posted" or "Ms. Planning Direc- tor, you don't really expect us to believe you didn't notice your brother -in -law§ vio- lation." Similar to assuming guilt, this type of posture puts you at a disadvantage because people will tend to side with someone who is being insulted. Are you afraid to say "I don't know"? More than any others, these three little words can endear public officials to their constituents. Perhaps that is because they are said so seldom. Being willing to admit fallibility is the first step in putting yourself and others on a level plane on which true interchange can take place. To have credi- bility, however, the admittance should be followed up with, "But I will find out for' you " Then, make sure you do — as soon as possible_ > T Do you maintain eye contact? If you are really interested in hearing what people ; have to say, you will look them in the and nod occasionally to show you are hs= tening. That does not necessarily connote your agreement. It does show they have y our attention. Are you always polite and respectful? To many public meetings degenerate into name calling and chaos through neglect of common civility. Citizens who brave ice - storms, heat waves, or the comfort of their living rooms to show up at a public forum deserve our respect, no matter how we feel about their opinions. It is important that'. public officials speak in measured tones,' address each person appropriately, and otherwise model the kind of behavior they expect from the audience. Do you hold a inonologue or a dialogue? This is perhaps the most important aspect of good communication. Too often, what passes for "conversation" is merely two people speaking in turns, neither one lis- tening or responding to the other. Ina true dialogue, you react to what the other per- son is saying because you realize you are not the only one who is the repository- of truth and goodness. All these techniques can help planning commission meetings be true arenas where all points of view are explored and discussed. ♦ - Elaine Cogan, partner in the Portland, Oregon, planning and communications firm of Cogan Owens Cogan, is a consultant in communica- i Lions and strategic planning. Her eohann appears in each issue of the Planning Com missionersiournal vi Ammimr. rnMMISSIONERS JOURNAL / NUMBER 22 / SPRING 1996 December 6, 1994 CITY OF ROSEMOUNT POLICY TITLE POLICY NUMBER PROPOSED BY COMMITTEE SELECTION POLICY AD -1 ADMINISTRATION DATE APPROVED BY CITY COUNCIL DATE AMENDED BY CITY COUNCIL December 3, 1991 December 6, 1994 PURPOSE The City of Rosemount wants to assure equal and open access to the selection process for all City Council appointed standing Commissions and Committees. This policy will set a regular and formal recruitment and selection process for eligible members to all City Council Commissions and Committees. It will provide applicants for Citizens Advisory Commissions and Committees with basic information on the application procedures and the appointment process. POLICY This policy will provide guidelines governing the application procedure and the appointment process for Citizens Advisory Commissions and Committees. The Commissions and Committees shall be advisory bodies to the City council, charged with the responsibility of researching, reviewing, and making recommendations on related issues. PROCEDURE 1. The following Commissions shall be appointed by the City Council and shall meet on the days designated below: r� q8 Days & Times of Meetings r U Parks & Recreation Committee P - 3rd Monday of each month Planning Commission - 2nd and 4th Tuesday of each mo. Port Authority (R' (fd P - 1st & 3rd Tuesday of each month Policy AD -1 Page 2 Utilities Commission_ 6:30 p.m. - lst Monday after the 1st Tues. of each month Length of Terms Parks &`Recreation Committee 3 years Planning Commission 3 years Port Authority 6 years Utilities Commission 3 years 2. All persons making application to the City Council for a position on a Citizens Advisory Commission or Committee shall be residents of the City of Rosemount. 3. Persons interested in being considered for appointment or reappointment to a City Commission or Committee shall complete an "Application for Appointment to City Committee or Commission" form furnished by the City. 4. Appointments to expired terms shall be made annually by the City Council at their second regular meeting in January. All members, regular and alternate, shall be appointed to terms as designated above, however, the term may be terminated early by the Council. Each member shall serve a maximum of three terms, effective with those members appointed January, 1991 and after. Compensation for members shall be set by the City Council. 5. When an individual's regular employment and current activities appear to cause a conflict of interest with the business of a City commission or committee for which the individual has applied, the individual shall divulge such apparent conflict in writing prior to consideration for appointment. Prior to making an appointment, the City Council shall determine whether the apparent conflict of interest would preclude the applicant from effectively taking part in the affairs of the City commission or committee. 6. Anyone already holding an elective county, state, or federal office shall not be eligible to serve in a regular voting position on any of the City Commissions or Committees. 7. No permanent full -time or part-time City of Rosemount staff employee shall hold a regular voting position on any Commission or Committee except that a staff member may serve as an ex- officio member. S. An effort shall be made to have a diversity of professions and occupations represented on all Commissions and Committees and, as a general guideline, at no one time should one -third of any one Commission or Committee be comprised of individuals of like professions or occupations. Policy AD -1 Page 3 9. As a general guideline, the members of each Commission/Committee should be comprised -of members representing a wide range of civic groups and interests. 10. Attendance at the meetings of these advisory bodies is critical to their effectiveness; therefore, missing three consecutive meetings or attendance at less than 75 % of the meetings in a six -month period will cause the Committee /Commission Chairman to review t e nature o the aGsenc and, pending the outcome of that review, it may be necessary to forward a recommendation to the City Council that the member of the Committee /Commission be removed for poor attendance. 11. Alternate members may be appointed and are considered as members in training and' shall act as regular voting members in the absence of any regular member. Mid -term vacancies shall temporarily be filled by the alternate if appointed for the unexpired term. The alternate shall apply and be considered for regular membership on the commission along with any other applicants. If alternates are not appointed vacancies would be filled following guidelines set in this policy. 12. Commission/ Committee members may be removed from office at anytime for good cause by the City Council. RECRUITMENT AND SELECTION Ninety days prior to the expiration of commission terms each year, the Council shall be advised of the pending vacancies and the attendance record of the individuals whose terms are expiring, should those individuals be eligible for reappointment. Should the individuals merit reappointment, those persons will be contacted to determine if he /she wishes to seek reappointment. New applications should be completed by the incumbents. Council will also announce to the general public the vacancies on the City Commissions at least sixty days prior to the expiration of commission terms each year and applications will be accepted from all interested citizens of Rosemount. Thirty days prior to the expiration of commission terms, the City Council will meet to review all applications and interview applicants, including incumbent members whose terms are expiring and who wish to seek reappointment. The qualifications of the members of the Commissions shall be those who in judgement of the Council are representative of the community and are qualified by training, experience and interest useful for the fulfillment of the Commission's responsibility. - EFFECTIVE DATE This policy will go into effect the day following its adoption by the City Council of Rosemount, Minnesota. 2 -1 -1 2 -1 -2 CHAPTER 1 PLANNING COMMISSION SECTION: 2 -1 -1: Establishment of Commission 2 -1 -2: Organization and Meetings 2 -1 -3: Zoning Powers and Duties 2 -1 -1: ESTABLISHMENT OF COMMISSION: A City Planning Commission for the City is hereby established. The Commission shall be the City Planning Agency. Such Planning Commission shall consist of at least five (5) members to be appointed by the City Council and may be removed by a four - fifths' ( /r vote of the Council. Terms of the Commissioners shall be determined in the Planning Commission bylaws. Compensation for the members shall be determined by the City Council. 2 -1 -2: ORGANIZATION AND MEETINGS: A. Officers Elected: The Commission shall elect a chairman from among its appointed members for a term of one year and the Commission may create and fill such other offices as determined in the bylaws. B. Supporting Staff: The City Council shall provide adequate personnel to assist the Commission ,in fulfilling its duties as stated herein. C. Meetings, Records, Expenditures: The Commission shall hold at least one regular meeting each month. It shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions and findings, which record shall be a public record. Expenditures of the Commission shall be within amounts appropriated for certain purposes by the City Council 2 -2 -1 2 -2 -3 CHAPTER 2 PARK AND RECREATION COMMITTEE SECTION: 2 -2 -1: Committee Established; Composition 2 -2 -2: Organization and Meetings 2 -2 -3: Oath; Compensation 2 -2 -4: Powers and Duties 2 -2 -1: COMMITTEE ESTABLISHED; COMPOSITION: A. Establishment: A Park and Recreation Committee is hereby established for the City. (Ord. VIII -1, 10 -5 -71) B. Composition: The Park and Recreation Committee shall consist of not more than seven (7) members appointed by the City Council. Terms of the members shall be determined in the Committee bylaws. (Ord. VIII.2, 2 -6 -73; amd. 1983 Code) C. Purpose: The purpose of the Committee is to assist the City Council in establishing a park and recreation system throughout the entire City for all citizens of the City. 2 -2 -2: ORGANIZATION AND MEETINGS: The Committee shall elect a chairman and vice chairman from its members together with such other officers it deems necessary. The Committee shall meet at least once a month and shall submit its official meeting minutes to the City Council t each and every month. 2 -2 -3: OATH; COMPENSATION: Every appointed member shall, before entering upon the discharge of his duties, take an oath that he will faithfully discharge the duties of his office. Compensation for the members shall be determined by the City Council. (Ord. VIII -1, 10 -5 -71; amd. 1983 Code) 2-4-1 2-4 -1 CHAPTER 4 PUBLIC UTILITIES COMMISSION SECTION: 2-4-1: Establishment of Commission 2-4 -2: Organization 2-4-3: Compensation 2-4-4: Powers and Duties, Jurisdiction 2-4 -1: ESTABLISHMENT OF COMMISSION: The Public Utilities Commission of the City as authorized by Minnesota Statutes, sections 412.321 through 412.391, which sections are hereby expressly accepted, is hereby established. The Commission shall consist of three (3) members appointed by the City Council. The three (3) initial terms shall commence on February 2, 1971. Thereafter, the City Council shall appoint one new member each year, said appointment to be made for a three (3) year term to commence on February 1 of the year appointed. (Ord. VII.5, 4 -5 -88) Ex officio members of the Commission shall be the City Administrator and the Mayor. (Ord. VII.6, 2- 18 -92) The Public Works Director for the City will act as the Executive Director for the Utilities Commission. In that capacity the Executive Director will take direction from the Commission, report to the Commission with Information and recommendations on all matters at the direction of the Commission or on his /her own initiative. Secretarial service to the Commission shall be provided by City staff as directed by the Commission Executive Director. 492 2-4-4 2-4-4 B) 1. To review and adopt operating budgets and authorize expenditures for funds specifically set out for use in the operation and maintenance of the above referenced utilities. 2. To make recommendations to the City Council on the hiring of personnel, construction of new infrastructure, purchase of additional equipment and construction of new buildings for the operation and maintenance of the above referenced utilities. 3. To review all proposed developments in the City including residential, industrial and commercial in nature and make recommendations, as part of that review process, to the City Council on these proposed developments as they relate to the needs of the community in all areas of the above referenced utilities. These reviews being a required part of the approval process for proposed developments. 4. At least annually, at the Commissions' regularly scheduled January meeting, or more frequently if deemed necessary by the Commission, review all user fees, connection charges and other associated forms of revenue to these utilities and present recommendations to the City Council regarding these fees. Adding or deleting of such fees will also be determined, through this process. (Ord. V11.5, 4 -5 -88) . C. The Public Utilities Commission shall also be responsible for review of cable services within the City for the following purposes: 1. To monitor the cable company's performance as to level of service. 2. To advise and make recommendations to the City Council concerning use of franchise fees. D. The Commission jurisdiction is limited to what is specified in the cable franchise agreements. It has no power to adjust or approve cable rates or to require the cable company to improve level of service or to expand into new service areas within the City. The Commission may do the following: 1. Review and adopt operating budgets with respect to the amount of revenue the City receives from the franchise fee. 2. Authorize expenditures for funds specifically budgeted by the Commission. 492 City of Rosemount City Staff Contacts City Administrator Thomas D. Burt 651- 322 -2006 e -mail: tom.burt @ci.rosemount.mn.us Assistant to City Adm. /City Clerk (position open) 651- 322 -2002 e -mail: xxxxxxxxx @ci.rosemount.mn.us Building Official Mick Kaehler 651- 322 -2027 e- mail: mickl.kaehler @ci.rosemount.mn.us Public Works Director /City Engineer (position open) 651- 322 -2025 e -mail: xxxxxxxxxxx @ci.rosemount.mn.us Community Development Director (position open) 651- 322 -2020 e -mail: xxxxxxx @ci.rosemount.mn.us City Planner Richard Pearson 651- 322 -2052 e -mail: rick.pearson @ci.rosemount.mn.us Finance Director Jeff May 651- 322 -2031 e -mail: Jeff.May @ci.rosemount.mn.us Fire Chief Scott Aker 651- 322 -2066 e -mail: rmtfire @ci.rosemount.mn.us Parks & Rec. /Community Center Dir. Dan Schultz 651- 322 -6012 e -mail: dan.schultz @ci.rosemount.mn.us Police Chief Gary Kalstabakken 651- 322 -2010 e -mail: gary.kalstabakken @ci.rosemount.mn.us City Hall Receptionist Cheryle Coughlin 651- 423 -4411 e -mail: cheryle.coughlin @ci.rosemount.mn.us General Information, Adm. Asst. Linda Jentink 651- 322 -2003 e- mail: Linda .jentink @ci.rosemount.mn.us . . .,�....r - -.� wwva�:- � :a.�>zasv«— � �� %�� &Qct� Q3= �� .��2��s� �� _� � �� z�w � �� =� � f�� »� ��;��Q\ \� \� :�£ � / �� Via\ �/ �� \ ��\ �« � ®y �\ �y z T City of Brooklyn Park ORIENTATION AGENDA for NEWLY APPOINTED BOARD /COMMISSION MEMBERS Tuesday, March 24, 1998 7 :00 8 :30 p.m. City Council Chambers 7:00 - 7:15 p.m. welcomefintroduction - Grace Arbogast, Mayor ■ importance of Advisory Commissions ■ Commission Video (8 minutes) 7:15 - 7:25 p.m. General Overview - Commission Guidebook ■ City Structure - Curt Boganey, City Manager - Organizational Charts - Charter Section 2.02... - Mission Statement Governance Model... • Video (6 minutes) • Policy GP -4 `Boards and Commissions Principles" ■ Commission Guidelines - Jillene Hill, Administrative Assistant (10 Min.) - Council Resolution Establishing Standards for City Boards and Commissions - Communications between Council and Commissions ■ Legal Issues - Attorney Jim Thomson (10 min.) - City Attorney Counsel - Open Meeting Law - Data Practices Law - Gift Laws - Conflict of Interest 7 :45 - 8 :15 p.m. Specific Overview - Breakout sessions with staff liaisons/ other commission members 8 :15 - 8:30 - p.m. Questions and Answers /Social 8:30 p.m. Adjournment City Structure r City Structure Commission Minutes Resource Information i Commission Guidelines Commission Minutes Resource Information CITY OF BROOKLYN PARK ORGANIZATION CHART Citizens Mayor and City Council City Charter _. __ __.,— Commissions, Boards, Commission and Committees City City — - — - — — - — — — - — - — — — — — — — — — Prosecuting Attorney Attorney Manager Finance and Community Operations Recreation Administrative Development Police Fire and Maintenance and Parks Services MAYOR AND CITY COUNCIL ORGANIZATION CHART Citizens City Charter Commission Mayor -- and City Council Commissions, Boards and Committees Prosecuting City Manager City Attorney Attorney City Departments MAYOR. W PG i r �r - City of Brooklyn Park 5200 85h Avenue North Brooklyn Park, MN 55443 -4003 City Hall Telephone 424 -8000 City Hall Fax 493 -8391 TDD 493 -8392 Official Web Site www. ci. brooklyn park. mn. us 1998 DIRECTORY OF COUNCIL Mayor Grace Arbogast 6288 Sumter Avenue North Brooklyn Park 55428 Home 533 -7694 Voicemail 493 -8010 e -mail address: gracea @ci.brooklyn- park.mn.us (Elected through 1998) EAST DISTRICT Joe Enge 9124 Irving Ave. N. Brooklyn Park 55444 493 -5072 home 493 -8073 voicemail e -mail address: joee @ci.brooklyn - park.mn.us (Elected through 2000 CENTRAL DISTRICT Mike Trepanier 8000 Orchard Ave. N. Brooklyn Park 55443 566 -3612 home 493 -8040 voicemail e -mail address: miket@ci.brooklyn-park.mn.us (Elected through 2000) WEST DISTRICT Kathy Draeger 7008 Colorado Ave. N. Brooklyn Park 55429 561 -7029 home 493 -8191 voicemail e -mail address: kathyd @ ci.brooklyn - park.mn.us (Elected through 2000) Lisa Eder 8004 Morgan Circle Brooklyn Park 55444 561 -3662 home 493 -8097 voicemail e -mail address: lisae@ci.brooklyn- park.mn.us (Elected through 1998) Sharon Feess 5301 Hamilton Lane Brooklyn Park 55443 566 -0103 home 493 -8372 voicemail e -mail address: sharonf@ci.brooklyn-park.mn.us (Elected through 1998) City Manager Curt Boganey Telephone 424 -8000 e -mail address: curtb @ci.brooklyn - park.mn.us Dale Gustafson 7600 -67th Ave. Brooklyn Park 55428 537 -2962 home 493 -8062 voicemail e -mail address: dalegu @ci.brooklyn - park.mn.us (Elected through 1998) 1A ADWMCrrYMGR \COMMU'PIICIMISC\CouncilDir.wpd CITY CHARTER Section 2.02 Boards'and Commission The Council shall itself be and perform the duties and exercise the powers of all local boards and commission. The Council may, however, establish by ordinance, boards or commissions to advise the Council with respect to any municipal function or activity, or to investigate any subject of interest to the city. Members of such boards and commissions shall be appointed by the Council, shall select their own officers, shall establish their own procedural rules, and shall conduct as many meetings as necessary. No more than one of the appointees shall hold any other office or position in the city government. However, the Council may appoint a city officer or employee or a board or commission to serve as a non - voting staff consultant or advisor. In no case shall a city officer or employee be chair of a board or commission. The Council shall determine by ordinance, the size, terms of office, and vacancy procedures of each board and commission. { CITY OF BROOKLYN PARK MISSION STATEMENT The Mission of the City of Brooklyn Park is to foster a healthy, safe, diverse," attractive and prosperous community for a reasonable tax burden. E NEW APPROACH TO GOVERNING - John Carver's Policy Governance In August 1996, the Brooklyn Park City Council adopted a new and fundamentally different approach to governing based on the principles of John Carver's Policy Governance. Carver developed Policy Governance to help boards and governing bodies get down to what he calls "the real business of governance: making policy, articulating the mission of the organization and sustaining the vision." For most policy- making bodies such as city councils, this new approach is a paradigm shift, but if enacted, creates a truly effective council -staff partnership and better government. Policy Governance focuses on values, vision, empowerment of both the City Council and staff and an ability to guide leaders. Following the principles of the Policy Governance model, the City Council crafts its values into policies of four types: 1. Ends. The Council defines what needs to be done, for whom and at what cost. 2. Executive Limitations. The Council sets the boundaries of acceptability within which the staff can operate to accomplish its ends. 3. Council - Executive Linkage. The Council clarifies the manner in which it delegates authority to staff as well as how it evaluates staff performance on carrying out Ends and following Executive Limitations policies. 4. Council Process. The Council determines its philosophy, its accountability and specifics of its own job.. 1 NEW APPROACH TO GOVERNING - John C arver's Policy Governance To understand the Policy Governance model, you must understand the ten basic principles upon which it is built: Principle 1: The Trust in Trusteeship The Council is entrusted with governing on behalf of someone other than those who sit at the Council table. Principle 2: The Council Speaks with One Voice or Not at All Individual opinions and diversity of viewpoints are encouraged, but policy is determined by the majority, and each board member must accept the majority's decision. Principle 3: Council Decisions Should Predominantly Be Policy Decisions A governing board needs to focus on values, beliefs, vision and commitments - -in other words, the "big picture." Principle 4: Council Should Formulate Policy by Determining the Broadest Values Before Progressing to more Narrow Ones Smaller decisions are encompassed by large ones, so it makes sense to settle the large decisions before getting down to the smaller details. Principle 5: A Council Should Define and Delegate, Rather than React and Ratify The City Council should avoid rubber - stamping plans recommended by staff and avoid nitpicking of details just to get in control again. Principle 6: Ends Determination Is the Pivotal Duty of Governance 2 NEW APPROACH TO GOVERNING - John Carver's Policy Governance Principle 7: The Board's Best Control Over Staff Means is to Limit, Not Prescribe The distinction between ends and means will enable the council to free itself from trivia, to delegate clearly and to concentrate on the ends. Principle 8: A Board Must Explicitly Design Its Own Products and Process In the policy category of governance, the council states what it expects of itself. Principle 9: A Board Must Forge a Linkage with Management That Is Both Empowering and Safe In the Council -staff linkage, the council can delegate to staff only through the city manager. Principle 10: Performance of the CEO Must Be Monitored Rigorously, But Only Against Policy Criteria When the Council has set certain ends to be achieved, the council can only judge the performance based on the actual sets of expectations achieved. I:W DMIN\ CTfYMGR \COMMUNIMROCHURE \GOVERNTX. W PD POLICY TYPE:. GOVERNANCE PROCESS POLICY GP.4 POLICY TITLE: BOARDS AND COMMISSIONS PRINCIPLES PREAMBLE: Boards 'and Commissions created by the Council exist so that Council decisions will be made from an informed position, yet consistent with good delegation principles. All boards and commissions are to operate in all ways mindful of their public obligation to the citizenry who own city government and shall be accountable to the City Council. 1. The authority and responsibility of any board or commission will not duplicate the authority or responsibility of any other delegatee, such as City Manager or other board or commission. 2. All existing boards and commissions will undergo a comprehensive review no less often than every five (5) years and all new boards and commissions will have a sunset date established at the time of creation. Commission Comprehensive Authority Review Date Charter Commission Charter & State Statute Citizens Long -Range First Monday of City Charter, 1994 Improvement Committee Dec., 1997 (CLIC) Human Relations First Monday of City Code Commission Dec. 1998 Sec. 290 Parks & Recreation First Monday of City Code Advisory Commission Dec., 1999 Sec. 245 Planning Commission First Monday of City Code Sec. 250 Dec., 2000 & MN Stat 462 Police Civil Service - First Monday of City Code Commission Dec., 2000 Sec. 260 & MN Stat 419 Policy GP.4 VdO AOTTOd TToun00 au-4 q p Aanoadde gvmaog uowwoo v asn TT T M . OT 'UOTSST wwOO OD "G ao pzaoq uoaa sTlen,zaIuT buTgaodaa paqaubTsap T. .TTOunOD auq Aq p9Aoaddp gvmaOJ uowwoo a buisn pausTTgajsa ;9q TTTM uoTSSTWWoo ao pavoq uoaa uoTIVazo K ' 9 • abz uo ztau� 30 Azad sa ulggTM XaOM o4 s.zagawva - ed pua xspq oTjToads v pagabaTap aq TTTm suOTssTwwoo ao spzeog 'S • ar,ogS , pa4sTT suOTssTwwoo pua spa -eoq aul 01 s9TTddv ATuo AoTTod rwTT wzaq sTUz •swzaq 9ATgnoasuoo TTnj OMI oq pagTwTT ;9q TT-ells squawqutoddv '7 •swza� zuaA aazu pug oMq oq pagTwTT aq TTvus s�uawuTodd� •� CITY OF BROOKLYN PARK BOARDS AND COMMISSIONS Charter CLIC - Human Relations Parks & Recreation Advisory Planning - Police Civil Service February, 1998 RESOLUTION #1997 305 Establishing standards for City Boards and Commissions On November 10, 1997, the City Council adopted the attached resolution #1997 - 305 establishing standards for City Boards and Commissions. The resolution was prepared by the City Attorney following recommendations by a Task Force, input from commissioners, and discussions by the City Council. RESOLUTION #1997 -305 RESOLUTION ESTABLISHING STANDARDS FOR `CITY BOARDS AND COMMISSIONS WHEREAS, the City Council believes that it is appropriate to the extent, possible to adopt a uniform set of guidelines under which City Boards and Commissions operate; and WHEREAS, the purpose of this Resolution is to address administrative matters relating to the functioning of City Boards and Commissions and not to interfere with legislative matters; and WHEREAS, a task force was created to make recommendations regarding the function and operation of City Boards and Commissioners; and WHEREAS, the City Council has received the recommendation from the task force and has considered input from various Boards and Commissions NOW, THEREFORE, BE IT RESOLVED by the City Council, the City of Brooklyn Park as follows 1. Purpose The purpose of this Resolution is to establish a uniform set of guidelines for City Boards and Commissions to follow so that the administrative work of the Boards and Commissions can be conducted in an efficient manner. Nothing in this Resolution is intended to supersede any provision in State Law, City Charter, or City Code. To the extent that there is any conflict between State Law, City Charter, or City Code with the provisions of this Resolution, State Law, City Charter, or City Code shall prevail. Nothing in this Resolution is intended to limit, expand, or otherwise modify the authority given to City Boards and Commissions by City Charter, State Law, or City Code. 2 Definitions As used in this Resolution, the following words will mean: a. "Advisory" means to advise the Council with respect to municipal concerns. b. "Commission" means all Boards, Committees and Commissions of the City. C. "Council" means the Mayor and six elected City Council Members. d. "Staff" means the City Manager and designated full - time administrative employees who assist Commissions in the administration of their duties. #1997 -305 e.• "Liaison" means non- voting member of a Commission who shall speak on behalf of the Council (or staff) as a whole, not as an individual,.thus providing a communication link -between the. commission and Council (or staff). 3. Authority Section 2.02 of the City Charter authorizes the Council to create Commissions as the Council deems necessary. The Commissions are created pursuant to that authority and pursuant to applicable state law. The Authority which established each Commission is as follows: a. Charter Commission, Charter Section 14.18 &State Statute 410.05 - 410.06 b. Citizens Long -Range Improvement Committee, Charter Section 9.04 C. Human Relations Commission, City Code Section 290 d. Parks and Recreation Advisory Commission, City Code Section 245 e. Planning Commission, City Code Section 245 and State Statutes "Municipal Planning: 462.351 through 462.365 f. Police Civil Service Commission, City Code Section 260 and State Statute 419 4. Advisory Nature Except as otherwise provided by law or City Charter, the Commissions created are-advisory to the Council and to the City Manager in all matters pertinent to the duties of the Council and the City Manager, but the Commissions have no other official status or independent authority. 5. Compensation Unless otherwise provided by law or City Charter, members of advisory Commissions serve without compensation but may be reimbursed for actual and necessary expenses if funds for that purpose are identified in the adopted city budget. 6. Defense and Indemnification Coverage is provided as described in City Code Section 203.110. 7 Mem bership and terms of office a. Eligibility. Members of commissions must be residents of the City of Brooklyn Park and, if required, residents of the council district from which they are appointed. fk1447 -3(15 b, Terms. Members of commissions shall be appointed for a term of three (3) years. Terms commence on April 1 of the year in which they are appointed and continue until a successor is appointed. Term expiration dates for current the c e s year for will those extended to April 1 terms which expire December 31 (CLIC and Human Relations), and will be extended to April 1 of the same year for those terms which expire in January (Parks and Recreation Advisory, Planning and Police Civil Service.) City staff is authorized to prepare the necessary amendments Co sec City Code to accomplish these changes. Th not applicable to the Charter Commission or other non -city commissions to which Brooklyn Park has an appointed representative. c , _ Term Limits. Appointments o a mm terms on be limited to two full consecutive Commission. This term limitation does not apply t the Charter Commission. (Ref: Governance Policy GP.4) 8. Not* ti on Annl cation • Anooi — m - 1 - /Reapoointmen� a , Notification. The City Manager must cause to be publicized in the official newspaper and by posting on the principal bulletin board in the entryway of City Hall a notification of vacancies and impending expiration of terms of members of various advisory commissions together with an invitation to interested citizens of Brooklyn Park to apply for appointment. b, Application. Applications for appointment or reappointment to a Commission must be submitted on an official "application for appointment to a city commission" form and forwarded to the City Manager, who notifies the City Council and schedules the applicants appearance before the City Council when a vacancy occurs where the applicant has expressed interest in being appointed. A separate application form is available for the Charter Commission, which is mailed directly to the Hennepin County Chief Judge by the applicant. C. Appointment /Reappointment. Members of Commissions are appointed by the Council (with the exception of the Charter Commission, who is appointed by the Hennepin_ County Chief Judge). When a vacancy currently exists appointments shall be effective immediately upon appointment; otherwise, appointments shall commence at the beginning of the #1997 -305 term year. Commission appointments made by the Council shall be for three year terms unless the appointment is to fill a vacancy for an unexpired term, in which case the appointment. is for the balance of the term. Also, in the case of a new commission, appointments may be made for less than three (3) year terms in order to achieve a system of staggered expiration of terms. No person shall be appointed to serve on more than one commission at the same time. d. Orientation. Orientation of newly appointed commission members shall take place during the month of March. 9. Meetings a. Open Meeting. Meetings of Commissions are subject to the Open Meeting Law. Dates, time and place of meetings shall be published in the City Newsletter and posted on the City's Principal Bulletin Board located in the entryway of City Hall. b. Regular Meetings. Meetings of commissions are held at such date, time and place as are set forth in their respective By -laws, and they meet as necessary to fulfill the objectives of the commission. The procedure at meetings is governed by the By -laws of the Commission and Robert's Rules of Order, Revised. C. Special Meetings. Meetings of commissions held for a specific purpose outside of their regularly scheduled meetings must have a special meeting notice posted on the City's Principal Bulletin Board in the entryway of City Hall three days in advance of such special meeting, in accordance with state law. Special meetings may be called in accordance with the By -laws established by each Commission. d. Joint Meeting. Council and each commission will have at least one joint meeting annually to discuss goals, major items /issues, miscellaneous. 10. A ttendance Vacancies; Resignations; Removal from office; Recognition a. Attendance. Members of the commissions are expected to faithfully participate in the meetings or other activities of the commission to which they have been appointed. A commission member shall notify their commission chair, or other designee in #1997 -305 b. c . d. e, 11. their By -laws, if they are unable to attend a commission meeting. A standard Commission Attendance Form shall be used by all commissions for the Commission Secretary to record attendance. The Chair shall forward the attendance record to the City Council each quarter ending March, June, September and December. The Council shall conduct a quarterly review of the attendance of members of city commissions. Vacancies. Vacancies in commissions are filled for the remainder of the unexpired term. Resignations. Resignation from any commission member who elects not to complete their appointed term shall be in writing to the City Manager 30 days in advance of the date the resignation shall take effect. The City Manager shall send a copy of the letter of resignation to the Chair" of the Commission and to the Council. Removal from office. Commission members appointed by the Council may be removed from office by a majority vote of the Council.- Cause for removal includes, but is not limited to, missing 30% or more meetings in a 12 -month period. Recognition. Commissioners are recognized for their contributions to the City as outlined in a recognition policy adopted by the Council as well as the City's annual volunteer appreciation event. Or aanization; By -laws a. Organization. Within thirty (30) days after the first appointment of its members, each Commission shall meet to adopt By -laws for the conduct of its affairs. b. By -laws. Each Commission shall endeavor to adopt uniform By -laws by including all of the items listed below. The By -laws of each Commission shall be forwarded to the City Council immediately upon their adoption. • Election of Officers. Officers elected from its membership shall include a Chair, Vice -Chair and such other officers as it deems necessary. By -laws must specify the month of the election, term of office, and duties of officers. • Composition of task forces and subcommittees 41 00'7_'in1; Date and meeting times Number of members to constitute a quorum Order of business • Attendance requirements Other matters necessary to define work rules and provide for the conduct of the business of the advisory commission. C. Chair. The Chair of each Commission shall conduct the meeting in such a manner that provides all members a fair and equal opportunity to express themselves. d. Secretary. The Commission Secretary is appointed by the Chair provided, however, that the City Manager may assign members of the City Administrative staff to serve as secretary to a Commission as deemed necessary. The secretary performs the clerical duties of the commission. State Statutes authorizes the Charter Commission to budget for secretarial expenses; other Commissions may budget for secretarial expenses as appropriate. 12. Minutes: Reports; Budget; Liaison a. Minutes. The proceedings of Commission meetings must be recorded in minute form and transmitted to the City Clerk, who must furnish copies to the City Manager and Council. A Commission shall make copies of its minutes available to other advisory commissions and individuals as requested. In addition to minutes, other commission- related information (written, audio and visual) are public records and. city property, and are to be transmitted to the City Clerk, who is charged with maintaining the City's official records. Minutes are permanent record; videos are retained for one year (state record retention requirements). b. Reports. Commissions shall make an annual verbal report to the Council containing a summary of the commission's activities, conclusions and recommendations. Other commission reports shall be made from time to time to the Council as may be requested by the Council or as the Commission deems appropriate. c: Requests for Budget. Advisory commissions who have activities : requiring the expenditures of funds must #1997 -305 submit an itemized budget request to the staff liaison by July lst of each year to be included in the appropriate departmental budget d. Liaison. The Mayor must annually appoint one Councilmember as an ex- officio member without voting rights to each advisory commission who shall serve as liaison between the Council and the Commission. The City Manager shall appoint a staff liaison without voting rights from the department most closely associated with the activities of that particular commission who shall arrange for meeting space and provide technical and /or clerical assistance. The foregoing resolution was introduced by Mayor Arbogast and duly seconded by Councilmember Enge. The following voted in favor of the resolution: Arbogast, Draeger, Eder, Enge, Feess, Gustafson and Trepanier. The following voted against: None. The following were absent: None. Whereupon the resolution was adopted. ADOPTED: NOVEMBER 10, 1997 r GRACE ARBOGAST, MAYOR CERTIFICATE STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF BROOKLYN PARK I, the undersigned, being the duly qualified City Clerk of the City of Brooklyn Park, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Brooklyn Park on November 10, 1997. WITNESS my hand officially as such Clerk and the corporate seal of the City this 12th day of November, 1997. MYRN�X MAIKKULA, CITY CLERK (SEAL) " U LI' ST FOR COUNCIL 1 \ CIL ACTION AGENDA SECTION: ADMINISTRATION MEETING DATE: 11/12/96 AGENDA NO. 8.3 ORIGINATING DEPARTMENT: ITEM: Administration PREPARED BY: ADOPTION OF COUNCIL POLICY FOR RECOGNITION OF PBROOKL m. mortenson OUTGOING COMMISSIONERS CORY: YN ` PRESENTED BY: PRESENTED Grac e Arbogast x Proposed Action MOTION , SECOND THAT THE CITY COUNCIL POLICY FOR RECOGNITION OF OUTGOING MEMBERS OF CITY BOARDS AND COMMISSION SHALL BE AS FOLLOWS: • One year or less - Mail out a letter of appreciation from the Mayor on behalf of the Council. • Mor than one year and less than a full term of service - Mail out a letter and Certificate of Appreciation from the Mayor and City Council. • A full term or more years of service - For commissioners who have served a full term, whose term expires year -end and who are not reappointed, Council shall present a Certificate of Appreciation mounted on a wooden plaque at a designated meeting in February of each year. For Commissioners whose term expires mid -year (such as the Charter Commission, whose terms normally expire in June), and who have completed a full term or more years of service, Council recognition shall occur at a Regular Council meeting as soon as possible following vacation of the position." Overview The above draft policy was presented to the City Council for consideration at their November 4th Council Worksession. Action Taken by the Council 11- 12 -96: MOTION TREPANIER, SECOND ARBOGAST THAT THE CITY COUNCIL POLICY FOR RECOGNITION OF OUTGOING MEMBERS OF CITY BOARDS AND COMMISSIONS SHALL BE AS PRESENTED BY THE CITY MANAGER (above). MOTION PASSED UNANIMOUSLY. I:\wpfila \RFCA\ 1996\Council. rec \policy -c.omm CITY ATTORNEY'S OFFICE The City Attorney's office is available to all commissions. Their retainer includes commission legal services. The City Attorney attends all Regular and Special Council meetings but, with few exceptions, does not attend commission meetings. It is recommended that the staff liaison and /or the Commission chair communicate on behalf of the commission directly with the City Attorney. STATUTES MINNESOTA Embracing laws of a general and permanent nature and certain other laws in force i or to be in force after the 1996 regular session f 3 ' Compiled. edited, and published by the Revisor of Statutes. State of Minnesota s � ES`lq OFFICIAL PUBLICATION OF THE STATE OF MINNESOTA ■ 1165 MUNnC[PAL RIGHTS, PO�YBRS, DUTM 471.705 1164 .,tied public ac- cam. p On or before February first each year, it shall be the duty of the principal accounting auditor of each county in which such municipali- after the close of its officer of each municipality to report to the is the total amount of outstanding obligations, and the purpose for which issued as rdar year. n subdivision l may ty situate, of December 31 of the preceding year. Such report shall be kept by the auditor of each county in a suitable record. On March first each year. it shall be the duty of the auditor of each county ans of subdivision l to make report to the state auditor of such obligations as reported to the county auditor by the together with the amount and character of principal accounting officer of the municipality, 502 s 2; 1984 c all outstanding obligations issued by the county. History: (1938-14, 1938 -15) 1927 c 163 s 1.2: 1945 c.187 s 1: 1967 c 48 s 1; 1973 c 123 art 5 s 7, 1973c492s7: 1986c444 ting a municipal liq- 471.705 MEETINGS OF GOVERNING BODIES; OPEN TO PUBLIC; EXCEP- ng procedures and a of the fiscal year in type size no smaller TIONS. Subdivision 1. Presumption of openness. Except as otherwise expressly provided by or ins for ......(year)...." statute, all meetings, including executive sessions. of any state agency, board, commission by law to transact public business In a meeting, and contain the follow- I of sales, operating department when required or permitted the governing body of any school district however organized, unorganized territory, county, pital outlay, interest city. town, or other public body, and of any committee. subcommittee, board. department or be to the except meetings of the commissioner of ibed by the state au- 1 prior to deternlina- commission thereof, shall open public. corrections. The votes of the members of such state agency, board, commission, or depart - ,;harged to the liquor ment or of such governing body, committee• subcommittee, board, department, or commis- herein required to be open to the public shall be re- �ther public purpose this section shall be sion on any action taken in a meeting corded in a journal kept for that purpose, and the journal shall be open to the public during all kept. The vote of each member shall be re- ns contained in sec- council be incorpo- normal business hours where such records are corded on each appropriation of money. except for payments of judgments, claims and .698, in accordance amounts fixed by statute. This section shall not apply to any state agency, board, or commis- functions involving disciplinary proceedings. ,. lic, iquor sion +hen exercising quasi judicial Subd. la. Labor negotiations. Subdivision I does not apply to a meeting held pursuant The body of a public employer may by a ma- AaL..alditoi audited certified public ac- to the procedure in this subdivision. governing jority vote in a public meeting decide to hold a closed meeting to consider strategy for labor developments or discussion and review of le close of the fiscal A a city and a show- negotiations, including negotiation strategies or conducted pursuant to sections 179A.01 to 179A.25. The time lieu of the report re- of commencement and place of the closed meeting shall be announced at the public meeting. at the closed meeting shall be made A written roll of members and all other persons present available to the public after the closed meeting. The proceedings of a closed meeting to dis- the body. The cuss negotiation strategies shall be tape— recorded at the expense of governing ' recording shall be preserved for two years after the contract is signed and shall be made avail - able to the public after all labor contracts are signed by the governing body for the current 471.697 or 471.698 state auditor to send budget period. If an action is brought claiming that public business other than discussions of labor ne- or corporations pur- tit or report. The ex_ gotiation strategies or developments or discussion and review of labor negotiation proposals transacted at a closed meeting held pursuant to this subdivision during the time when the A or report shall be i days ys o o f billing, the was tape is not available to the public, the court shall review the recording of the meeting in cam - If the court finds that this subdivision was not violated, the action shall be dismissed and the amount due to the city under era. the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this subdivision. If the coup finds that this subdivision was aclude a listing of all violated, the recording may be introduced at trial in its entirety subject to any protective or- ders as requested by either party and deemed appropriate by the court . Subd. lb. Written materials. In any meeting which under subdivision I must be open at least one copy of any printed materials relating to the agenda items of the S, SCHOOL DIS- to the public, meeting prepared or distributed by or at the direction of the governing body or its employees %wever organized; a and: (1) distributed al the meeting to all members of the governing body; e and politic created (2) distributed before the meeting to all members; or ' -475. (3) available in the meeting room to all members saistlog avnS Dip ut uonw!lgnd ,fq poUspes oq llegs itopeaggnd of luttelat 1101stntpgns Sap ;o suotstnoid tie (!!) pug `Dopou lutptnotd ;o poylow DIP 03 aauala ;au a cads UMUO3 lou soap uoissmmo3 io •pteoq 'bwle ayi jo slut -laaw $11ttu2no$ atn iei s a ;t ,Ciuo,tjdde uotstntpgns sttn ;o stuawonnbw ox nou ayi (t) `;leis atp ;o luauiuedap to `uoisstwwoa Vnoq ',{oriole ue ;o lutiootu a to3 -samuale ;nets (j) "slut -ioaw pmja of ,Cldde uotstntpgns shit ;o stuawaimboi aanou oqL -dutn;aut pasoj:) (a) . Xpog atignd a Aq luunq atignd ut e lunbw Uotstnotd I0MVg0 to MIq taglo ,CUT to 6Zb ioideg3 0l iuensind p2t3npuoo gut= aggnd a s2pni3ut „lutiaow„ ttuat atg asneja sit ;o sosodind toj •,Ctessa30u st 0311011 P21!= to pogsggnd iaqun; ou uogt 'lttimui iegi ;o salnutw Dip ut popio= pue Butto snots -aid Dip lutmp p tisilgeiso sen% aunaaw atii ;o aaetd pue Dwp ayi pue •lunaaw snotnatd e ;o uotssos panutiuoa to passooat a st Suilaaw a ;I •sSutlaaut panutluoa to passaaag (p) SU naaw ,C Ue St Imp Sup= letaads a to; ivawatinbw aatiou ftolnieis Jaglo ,fue saposiadns ydetleted sryi ;o ivawat o3nou DE •sniiew aEi ;o uonduasap 3yt3ads e apnlaut lleys Sunaaw agI ;o salnutw aqi 'lutioaw ,C3ualtawa ue le uodn paiae to possna -sip ale k_ ;tit o pai elal dilaoltp sou slanew ;j - ,Cpoq atlgnd agi ,Cq uonet aieipawwt aimboi'Xpoq atignd ayi ;o ivawlpnf ayi ut imp saoueiswnatta ;o asneaaq palleo cunDaw jetaads a si l unaDw ,XaUaltawa uy - pannbai aq sou Begs aunaaw <aua /tawa Ue ;o aanou pagstlgnd io patsod •ouilaaw DEi ;o iaafgns agi apnloui llegs aanoN •stagwow aqi of Uanta 11aoq sey aanou »i;e aigeotlawd Sigeuoseas se.uoos se aanou to; isanbat uauum e pate; seq gaigA% wnipaw SAM gaea of paptnotd aq liEys xmoN -,Cpoq atignd ayi ;o si agwaw agi ,C;nou of pasn poytaw tagio Sue ,Cq to ouogdalal Xq Uanil aq ltegs 2UII22w ( au ;clawD oEt ;o aanoN iagwnu ouoydolai s,wntpaw smou aqi sopniaut imbai agi ;t aanou to; isanE*i uaiiun% a pact; sey mqi wntpaw smou y3e2 of lutloaw aqi ;o aanou iptnoid of suoua ip!e; pool a�lew lleys ,fpoq otlgnd ay `Sutiaaw ,Cauollawa ue to •slutlaaw daua8 tawg (o) •tea,( 'Quipa3aid agi luunp pat!} oq.,n uostad gaea of ivawattnbat Suilgai ayl ;o aa puss 11egs ripoq aggnd ayi - aanou ton isanbat a jo aiep uouettdx ayi atopq c.(ep 09 uegl glow lo,K tea,C q= aauo isanbat agi ;o loft, }al aitnbal pee ydellend s of lucnsjnd s.",utlaaw Leta ads;asaanou to; sisanbat to; imp, uoiiendxa ue ysilgeisa .Cew . {poq atignd y •siaa('gns asogt outnto•wi 5'BUIPatu letaads l ouiutDauoa.CIuo uostad wqi of aanou peas of paimbal si .(poq 3ggnd agi area gatgm ui •staafgns telnattted Sututaauoa slurtaaw ;o uotieat jnou of lsanbat ayi itwg ,Cew saunoaw letaads ;o aatiou to; isonbat a outly uostad y •.(iuoglne s,,(poq atignd ayi ;o ea.ie aqi ulgitm uotielnajta ietaual ;o tadedsm;u paytienb a ui •auou st atagi jt •to Apoq atlgnd aqi ;o tadedsreau letaljjo aqi ui - lutiaaw ay oiojaq s.Cep aatgt iseal ie'aauo aanou aqi gstignd ,few ,(poq atlgnd ayi 'sSumaw ietaads ;o aatiou to; isanbat Uau a paly a.�ey og,n suoslad of aauoU 8UUangap ast.MtaglO to S UtitEw of annewa118 UP SV •3UUaaw agl jo al ayi atojzq step mqi i le21 le patanttap to pattew pue patsod aq lleys aa sitij, •,Cpoq atlgnd aqi gnu+► sSutiaaw leiaads;o aanou to; nanbal uouum a pall seq oqm uostad gaea of pata:ylap aspwagto to paltew aq osle lleys aanou ati - tuooi luttaaw lensn sit loop aqi uo •pteoq utialinq ledtauud ou seq Spoq atlgnd aqi ;t io XpOq atlgnd agi ;o pteoq unalinq ledtauud aqi uo Supmu otit ;o asodind pue'a3eld'awtl'alep ayi ;o aanou uailttm i sod liegs,Cpoq atlgnd ayi 'ainieis ,Cq pagstlgeisa ,Ctssw&2 ast htagio si woulattnbat aanou a yatgM to; Sullaaw letaads a so aunaaw ,Cauallawi ue idaaxa "lutiaaw letaads a god •sautnaaw letaads (qj nunaaut letaads a toj Uotstn -tpgns sigi ut papinoid si legi aunaaw aqi ;o aanou awes ayi aAtS Begs it'siUnaaw teingat jo ainpayos sir ut patens aaetd to in ayi wot; ivata ; ;tp aaetd to aw11 a le aunaaw ieinai a ptog of saptaap ,Cpoq arlgnd a ;j saaWo kmwud sit ie al!i uo idai{ aq llegs ,Cpoq gtlgnd a jo slut -1;;111 tBtnlat aqi ;o alnpagas y •sSutnaatu .tetnSag (e) •slutlaaw ,jo a3ttoN - :)I •pgnS •shimul ;o Sutso13 ayi nun ituuad Mel toglo to e I uotstntpgns ut sainpaaoid ayi tp!A% aauepioaae ui plag luuaaw posola e 1 swats epuaSe ayi of Sutielai sleuatew 01 so - E j tatdega ut pauyap se atlgnd uegi tagio se ,gel ,Cq pat}tssela sieualew of gidde IOU saop uo stq •,anew iaafgns ttagi stapisuoa ripoq Sututanol agi ally^+ at[gnd agt,tq uoii3adsui to; woof lunaaw Dgt ui algeltEAe aq llegs 9911 SHLL'IU SN3.11od'UHDrill diJL\"ilV i0L "IL&- t 16 governing body lassified by law zenda items of a Cher law permit- re regular meet - :)ody decides to 9 in its schedule td in this subdi- ing or a special by statute, the the meeting on ineipal bulletin A or otherwise I meetings with ree days before ;rtice to persons Jv may publish • of the public :- area of,the may limit the case the public .ings involving notices of spe- mrt •ach vpar. 7re;. hall make good filed a written r. Notice of the !d to notify the hich has filed a en given to the ed notice of an r-cial meeting nre immediate •gency are dis- shall include a supersedes any y meeting. Cued session of luring the pre - r published or :Iudes a public ion requiring a o closed meet- 3artment of the -venting meet - the method of ,at;- -haJ "_ z J= • 1167 AILINICIPAL RIGHTS, POIY MS, DUTIES 471.705 (g) Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meetin all notice requirements of this subdivision are satisfied with respect to that person, regardless of the method of receipt of notice. Subd. Id. Treatment of data classified as not public. (a) Except as provided in this section, meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reason- ably necessary to conduct the business or agenda item before the public body. Data discussed at an open meeting retain the data's original classification; however, a record of the meeting. regardless of form, shall be public. (b) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: (1) data that would identify alleged victims or reporters of criminal sexual conduct, do- mestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision 5, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; or (3) educational data, health data, medical data, welfare data, or mental health data that are not public data under section 13.32, 13.38. 13.42, or 13.46, subdivision 2 or 7. (c) A public body shall close one or more meetings for preliminary consideration of al- legations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allega- tions. further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the mectin (d) A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting. the public body shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (e) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney — client privilege. Subd. le. Reasons for closing a meeting. Before closing a meeting. a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 2. Penalties. (a) Any person who intentionally violates this section shall be sub - ject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body. An action to enforce this penal- ty may be brought by an person in any court of competent jurisdiction where the administra- tive office of the governing body is located. If a person has been found to have intentionally violated this section i- ee or more actions brought under this section involving the same governing body. such: on shall forfeit any further right to serve on such governing body or in any other capacity v; •'+ such public body for a period of time equal to the term of office such person was then serving. The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations issue its order declaring the positi on vacant and notify the appointing au- thority or clerk of the governing body. As soon as practicable thereafter the appointing au- thority or the governing body shall fill the position as in the case of any other vacancy. (b) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under this section. The coral may award costs and attorney fees to a defendant only if the court finds that the action under this section was frivolous and without merit. A public body may pay any costs, dis- bursements, or attorney fees incurred by or awarded against any of its members in an action under this section. 471.705 WNIQPAL RIGHTti, PONVERSL DUTIES 1168 1 i { t, (c) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this section. Subd. 3. Citation. This section may be cited as the "Minnesota open meeting law." History: 1957 c 773 s 1: 1967 c 462s 1.- 1973 c 123 art S s 7; 1973 c 654 s 75: 1973 c 680 s 1.3: 1975 c 271 s 6; 1981 c 174 s 1: 1983 c 137 s 1; 1983 c 274 s 18: 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2.3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 arr I s 39 471.707 LICENSE FEES; NOTICE. A home rule charter or statutory city or a town may increase the fee for a license to own or operate a vending machine or to dispense goods or services therefrom only after notice and hearing on the matter. Mailed notice of the proposed change shall be sent to the persons al- ready licensed at least 30 days before the hearing. This section supersedes any inconsistent provision of other law or charter. History: 1984 c 393 s I 471.71 DEFINITIONS. Subdivision 1. Terms. For the purposes of sections 471.71 to 471.83 the terms defined in this section shall have the meanings ascribed to them unless the context otherwise re- quires. Subd. 2. Municipality. "Municipality" includes cities, towns, and school districts. Subd. 3. City, town, school district. "City." - town," or "school district," include only 'those of the class made subject to sections 471.71 to 471.83 by sections 471.72 and 471.73. Subd. 4. Unfunded indebtedness. "Unfunded indebtedness" includes all general ob- ligations and indebtedness except bonds and except indebtedness which is payable from spe- cial assessments against benefited property. Subd. 5. Year. Year' means calendar year. except that it means "fiscal year* in the case of any' School district or city as to which both of the following conditions exist: (1) In the case of a city, the charter or law under which it is organized provides for a Fiscal year differing from the calendar year; in the case of a school district, the books of ac- count are kept on the basis of a fiscal year differing from the calendar year; (2) The governing body of such city or school district shall have adopted a resolution determining that its operation under sections 471.71 to 471.83 shall be on the basis of such fiscal year and giving the date of the beginning of that year. History: 1943 e 526 s I sued (a); 1951 a 63 s 1; 1973 c 123 art 5 s 7 471.72 APPLICATION; PURPOSE. Sections 471.71 to 471.83 apply to all cities, statutory cities, towns, and school districts in which more than 50 percent of the net tax capacity of taxable real and personal property, excluding money and credits, consists of unmined iron ore. Their purpose is to secure sound fiscal policies in, and remedy the financial condition of. municipalities, a large proportion of the property of which consists of a diminishing natural resource in which the state has a sub- stantial interest. History: 1943 c 526 s 1 Subd (c); 1951 c 63 s 2; 1973 c 123 art 5 s 7; 1988 c 719 art S s 84; 1989 c 329 art 13 120 471.73 ACCEPTANCE OF PROVISIONS. In the case of any city within the class specified in 471.72 having a market value, as defined in section 471.72, in excess of $37,000,004; and in the case of any statutory city with - in such class having a market value, as defined in section 471.72, of less than $5,000,000; and in the case of any statutory city within such class which is governed by Laws 1933, chapter 211, or Laws 1937, chapter 356; and in the case of any statutory city within such class which is governed by Laws 1929, chapter 208, and has a market value of less than $83,000,000; and in the case of any school district within such class having a market value, as defined in section i i i i The Minnesota Open Meeting Law: Current Issues By Mark R Anfinson Attorney at Law Minneapolis, Minnesota 01995 Mark R Anfinson 0 Table of Contents . _ P Rge I. WHAT IS A MEETING? .... ......... ............ A. Definition 1 ....... ......... B. Examples • :........... 1 .................. 1. Chance and Social Gatherings - • - .... . 1 2. Planning and Training Sessions, Retreats, and Seminars C. Serial Meetings ..... ... .............. 2 Ii. SUBORDINATE BODIES ................ A. Statutory Requirement ' ' - • - .. 3 ....... B. Advisory Committees 3 ......................... C. Informal Committees 3 ... ... ................ 3 III. VOTING AND RECORDING OF VOTES ...... , . , A. Statutory Requirements - ' ' ' 4 . , , , , , , , , . - . B. Recording Members' Votes 4 C. Secret Ballots ... .... ... D. Closed Meetings .... ........... 4 ......... 4 IV. AVAILABILITY OF WRITTEN MATERIALS .......... A. Statutory Requirements ..... 5 , .. , . _ .. B. Application of Data Practices Act . 5 .... . . . . . . .. . .. 5 V. NOTICE OF MEETINGS . .... ..... A. In General 6 ................. B. Definitions 6 ...... ... ... ........... C. Where Notice Must be�Posted ' 6 ......... ......... 7 VI. STATEMENT OF THE REASONS FOR CLOSING A MEETING . ........ ... ....... A. Statutory Requirements ...... . . 7 , , , ......... 7 VII. EXCEPTIONS TO THE OPEN MEETING ... , , , , A. Exceptions and Exclusions • B. "Shall" and "May' .................. 8 ...... . 7 8 C.', Relationship of Open Meeting Law to Data Practices Act ... 8 D. Labor Negotiations ........................... 10 - 1. Generally 2. Scope of Exception E. Preliminary Consideration of Allegations or Charges Against Employees . .... ....... .............. 11 1. Generally 2. Meaning of "Preliminary Consideration" 3. Unke 4. Request that Meeting be Open F. Performance Evaluations ....................... 12 1. Scope of Exception 2. Request that Meeting be Open 3. Multiple Meetings? G. Attorney- Client Privilege ...................... 13 1. History 2. Meaning of "Threatened or Pending Litigation" 3. Current Rule 4. What is "Litigation "? 5. Presence of Attorney 6. Statute versus Precedent H. Other Exceptions ........................... 16 I. Exemption . ............................... 17 VIII. PENALTIES AND REMEDIES ..................... 17 A. Generally . ............................... 17 B. Invalidation of Actions ........................ 17 C. Current Provisions .......................... 17 D. Intent to Violate ............................ 18 E. Reimbursement for Defendants' Attorney's Fees ........ 19 F. Payment of Plaintiffs' Fees ..................... 20 G. Awards of Fees to Plaintiffs ..... ........... 20 ... TX. FUTURE LEGISLATIVE ACTION ................ : .. 21 APPENDICES Current Text of the Open Meeting Law .................... A -22 Summary of the Open Meeting Law ...................... A -28 ii I. WHAT IS A MEETING? A. Definition. The Open Meeting Law states simply that "[e]xcept as otherwise expressly provided by statute, all meetings .. shall be open to the public." §471.705, subd. 1. No definition of "meeting(s) is provided in the statute. The Supreme Court did offer a definition in its Moberg decision: " those gather- ings of a quorum or more of the governing body, or a quorum of a committee, subcommittee, board, department, or co mmissi on thereof, at which members discuss, decide, or receive information as a group on issues relating to the official' business of that governing body." Moberg v Independent School District No. 281, 336 N.W.2d 510, 518 (Minn. 1983). The term "meetings" is to be "broadly interpreted." St Cloud Newspapers v District 742 Community Schools, 332 N.W.2d 1, 6 (Minn. 1983). B. Examples. A variety of specific situations have been dealt with by the courts and the Attorney General: 1. Chance and Social Gatherings. The Supreme Court has held that "chance or social gatherings" are not subject to the OML, even if a quorum is present. St. Cloud Newspapers, 332 N.W.2d at 7. 2. Planning and Training Sessions, Retreats, and S eminars . The Court has also held that a long -range planning session of a school board, at which there was no discussion of matters pending before the board, no attempts were made to resolve specific problems of the school district, and no preliminary or final deci- sions were reached, was nonetheless covered by the OML. St. Cloud Newspapers, above. The Court's conclusion was based on the fact that members discussed matters that could "foreseeably" come before the board and received information that might later influence their :visions. However, the Attorney General has held that attendance by a quorum of a public body at a training session conducted by a group such as the League of Cities is itot subject to the OML, if the only purpose is to help members function more efficiently as a public body. The Opinion made clear, however, that the OML would be triggered if the members discussed specific matters that were or could come before them. Op. Atty. Gen. 63a -5, Feb. 5, 1975. The Minnesota Open Meeting Law: Current Issues 1 Z sonssl Iua :,bg�-T autlaay�l u m osauutw agy ` Iv ra `08ng P '00 aW fo 1puncq .0 A 'off 8 U 2 gsVgnd 11aS 'poaonz sem nsarnialut goea o1 ssaxe O?lgnd •stuoar luau p ui stagmaui Runoo 1p!Ai SIsnootminu is plog aran% s,%oLualui QU - .101=szuttupe j w; saleprptn~r q;us smoL A altn lonpuoo XIalmedas siaquratu s;t jujnetl Xq - EKO otp palelorn jou Pp-q I�Otmoo SIb oSng age IEip plaq apnC xOT?p f4unoo uo�SA1 E £661 url oII seni aia �� TTL '(�6 /CIS) SSZI 'oAI aI3 uuo'J �uno� �uom, `*lo sa 798 *ON xooumalvowsjuapupdapujp uouvonpg jo plvog A ssod vuouri •osm QT JO SIOP3 otp iapun IuatuSpnf&euiu ns sltmP=Jop Palaea Inq `fiootp oEp miat ioII pip undo Orly •osln undo IOUMT auo ut opera sew Iuaumle aU •Supl s F=O3 OUM a ui SrEp passaippg S'Zq IIOM alelladde oII `m-ep of •sueatu sago gSnOmg io `beta -o Xq `ouogdalal otp iano gtmg& ut `uo&W to iaglagni `uotgse4 leuas e m ssautsnq oggnd SussnOStp ,�q -B,gO ag1 alelou tutuonb a Supn4 -11=00 �Poq aiignd a 3o ssagtuaui Ietp wo mnIse oq1 uoddns suotssordxa asags, •(Pogddns sis gdwa) pl „ - u=onb v umP -l"af uaaeuaq suopesranuoo ouogdalal so siaual of XIdde lou swop amnlels aqW., `Pmou osle unoo otp uonrtdo sIt u, •8T5 ie PZ'hA'M 9££ `S.ragoN ' (anptntpas aqp ;o s=M3 oq; uodn ouvaadap olru s oq;3o uo!Mot% a oq of punoj N osjE'C= ansst ut ao l=ca= os o ° uraotgsr3 1 0 sod ° utSEat( atjgtld o ut - Rone ;o sasodmd aql soj mnsonb s nrq ssar ;o sdnoio m sSUR;om jetuas •asmoo }p asagna `(Pa1do a swa a `Poluatutuoo unoD otp P Itu umronb aq1 gargm uta uoispop 8lagoN s.unoo atp moi} sanuap attsst sttiy •Supaam Ieuas palled -os oql `'a`t `uotgse urgo� -punai ui attssE ug jo suoissnOSrp m aledzap�d imuonb a Suunlpsuoo Vagmam oiagn& ;nq `Pauanuoa AITEOrsXgd ranaII st dpI&mgmotu aq1 }o tutuonb a O m ui swop o1'IT�ilO atll o uopeotldde atp st ansst Sumupuoo iofeuz y _sS IIr�aa lq l l aS qaP 'O •uoiur sdmuao Aatuouy oql UT Pos=d= oleuopez ag1 Iua slsuoo St `gal 101 sem gOii;M `IIO p Srt '(£6 /O£2T) 8ZZT09 - £6 - 8� 'oi�i al . •off smoZ `7v ra `laS 3. '17 Iop�srQ arux A aungr�- L -s*caH tlinln(7 " Mo ag1 o1 ioo fgns Ion sem P=q kiunoo sm(-T 'IS otp do sragtuatII .ro3 y autpltnQ -u=1 ut seuTtuas Ieuotl. -eonpo pue Sutmeri e„ 3eg1 poltu aSpnC Ioul �I�no� stno7 •IS a `£66I III Washington County Court File No. CX -92 -1447 (2/5/93). This decision was not appealed. • Additional litigation addressing the serial issue can be expected. ]L SUBORDINATE BODIES A. Statutory Requirement, By its terms, the OML applies not only to the governing body of any school district, county, city, town, or other public body but also to "any committee, subcommittee, board, department or commission thereof." §471.705, subd. 1. On its face, the language seems broad and uncon- ditional. However, certain appellate court decisions have created confusion. B. Advisor• Committees. in 1988 the Court of Appeals considered whether an advisory body established by the regents of the University of Minnesota to assist in the search for a new president fell within the ONE. The Court concluded that it did not, because (1) the committee did not have the power to decide, but only to recommend; (2) the members of the committee were not members of the governing body; and (3) the committee was not a quorum of the governing body able to transact public business. Minnesota Daily v University ofMinnesora, 438 N.W.2d 189 (Minn. App. 1988), rev. denied. The decision overruled an earlier Attorney General's opinion that had construed the OML language more broadly, -deeming advisory panels of *the state arts council to be committees within the statute. Op. Atry. Gen. 10-b (July 3, 1975). C. Informal Committees. In 1993 the Court carried this restrictive interpreta- tion even further, using language that is difficult to square with the express terms of the statute. Sovereign v Dunn, 498 N.W.2d 62 Mnn. App. 1993). At' was a delegation composed of two members of the Lake Elmo city Counc- who attended a mediation session (aimed at resolving a municipal border dispute; with officials from Oakdale. Although the delegation was not created by formal action of the council, the representatives were plainly acting with the full council's approval. The mediation session produced an agreement that was subsequently presented to the city council in an open meeting. The plaintiff suggested that the Court adopt the definitions of "committee" and The Minnesota Oven Meeting Law: Current Issues _3 "commission" provided in Black's Law Dictionary, which would have included the Lake Elmo delegation. The Court concluded that use of these "broad and nebulous standards" would interfere with the "effective and efficient administra- tion of public bodies." 498 N.W.2d at 66-67. It then held that "a gathering of public officials is not a `committee, subcommittee, board, department or commis- sion' subject to the Open Meeting Law unless the group is capable of exercising decision-making powers of the governing body." Id. "The capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body." Id. "It could also arise where there has been a delega- tion of power from the governing body." Id. The Court defended its decision by noting that the delegation did not exercise any authority on behalf of the council, was created informally without a vote or reso- lution, and was granted no powers by statute, ordinance, or other formal action. Nonetheless, the decision is peculiar; seldom if ever does a committee or another subordinate body exercise "decision - making powers of the governing body," yet the statute expressly extends to committees and subcommittees. M. VOTING AND RECORDING OF VOTES A. Statutory Requirements. °The votes of the members ... on any action taken in a meeting herein required to be open to the public shall be recorded in a journal kept for that purpose." §471.705, subd. 1. "The vote of each member shall be recorded on each appropriation of money, except for payments of judg- ments, claims and amounts fixed by statute." Id. B. Recording Members' Votes. The Attorney General has held that the statute requires that the vote of each member must always be recorded, except only votes relating to payment of judgments, claims, and amounts fixed by statute. Op. Atty. Gen. 125a -14 (Feb. 28, .1975). C. Secret Ballots. The Attorney General has also determined that voting by secret ballot is contrary to the purpose of the Open Meeting Law and is not per - mitred. Op. Atty. Gen. 47le (Aug. 20, 1962). D. Closed Meetings. No court or Attorney General's opinion has so far The Minnesota Open Meeting Law: Current Issues 4 addressed the issue of whether a public body may adopt motions and resolutions, i.e., vote, in a closed meeting. However, doing so would seem contrary to the purposes of the law as expressed by the Supreme Court (see, e.g., St. 0oud Newspapers, above, 332 N.W.2d at 4). A secret vote would also not seem to advance any of the purposes served by allowing some types of discussions to take place in closed meetings. The attorneys representing the Minnesota School Boards Association, among 'others, have advised against voting at closed meetings. M AVAILABnM OF VV?JT TEN MA TERU c A. Statutory Requirements. The OML requires that at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: ' (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the matting room to all members shall be available in the meeting room for inspection by the public while the governing body considers their subject matter. §471.745, subd. lb. This does not cover portions of such materials containing not public data (as defined in Minn. Stat. Chapter 13, the Nfinnesota Government Data Practices Act). Ana, obviously, it applies only to open meetings and not to ones that have been properly closed. B. Application of Data Practices Act. Regardless of the written materials requirement in subdivision lb, a member of the public may always request those same materials —and potentially much more in advance of a meeting, pursuant to the Data Practices Act. Such a request would presumably have to be honored whether the meeting was opened or closed, as soon as the materials were pre- pared. Only specific data classification statutes would restrict disclosure. The Minnesota Open Meeting Law• Current Issues 5 V. NOTICE OF MEETINGS A. In General, Subd. lc of the Open Meeting Law contains a detailed descrip- tion of the statute's notice requirements. It divides the universe of meetings into three categories: regular, special, and emergency. The law makes clear that the notice requirements apply to closed meetings as well as to open ones. No separate notice is required for regular meetings, so long as the public body keeps a regular meeting schedule at its office. Subd. lc(a). Special meetings require both posted and separately delivered written notice to anyone who has requested it, at least three days before an There is a publication alternative to y any special mfg' personal notice. The posted notice is to be on the public body's "principal bulletin board." Subd. lc(b). Emergency meetings require only "good faith efforts to provide notice of the meeting to each news medium that has filed a written request" that includes its telephone number. Subd. lc(c). B. Definitions. The terms "regular," "special," and "emergency" are not defined in the statute, but they seem to have generally accepted meanings, which can also be inferred from the statutory distinctions. No decisions have tested these terms in the context of the Open Meeting Law. Regularmeetings are those identified on a public body's regular meeti ng schedule, held at standard intervals at the same location. Special meerings are all other meetings, except emergency meetings. (If the public body conducts a regular meeting "at a time or place different from the time or place stated in its schedule of regular meetings," subd. lc(a), it must provide . the same notice as for special meetings.) Emergency meetings are presumably those dealing with a matter of such urgency that the three -day notice period cannot be endured, or (n the words of the statute) those "that in the judgment of the public require immediate consideration." Subd. lb(c). The Minnesota Oren Meeting Law- Qirrent issues 6 L sans [ luau I upaayq UWO ElosauU!n aI i.PaPrnold aq uogsauojui .shuns pus `lion oututisq `lospaoo o - pods ag; lsnui so `gSnoua �suousnosrp loE.�4uoo,� sI •d2amus uouvuo8PN togv7 01 01 soped op Pus uoz;s8ptl aq� agtiosaP SPoq otlgnd aqz =m .10 `uot;s8gtt gutp� ca ra ;as XIdazu of g8noua It sl •a8ajAu r nrarD_d._ cony sansst to satuEd a In :saldrusxg ' pasolo aqi tq panlonM aP lusts sra -Io su=gto aagM Sm sasus uotlsanb stgy Laq �posmoslP aq of =fgns olp jo uogdtiosa a lsrrui Mog 'alsgap aIg�ra tsuoo P P r.nnop P posnw ssq Ianan&oq luauiannbas puooas oq,L •Z •uopdaoxa aSaltnud luag ra allo o- ,�ausouE otp so `posola oq of Supaaui aql autaoffz uoisuoid fjolnisls ugroads E 1a otlgnd aqy - pro Iaq $ r"s klg �. Plnogs �Cpoq EUOSEas suzaas sluauiannbai asagl 30 1sn3 oqL .I ' • pq n s 1 50L' ILA ,. - PassnosTp aq o1 1=fgns a qi agg=p [ PEm Pasolo aq of 5u".Q=ut aql gatutuuad spunoa og oads otp piooai otp uo a181s [IJ Ii�Is �Pog olignd E `8upaaui E garsolo aio3a[gl» 'sluaura nmbaH SJo ;njujS •y aussaosta ag o L parsns 3RL Qi�t� Ji�L��1I Y O'IO UO3 smosvau 3E,,L aO . N31AT VIS *JA Isdtouud s •algts , o XIgsuoseai laE; Eq sEea Pseoq upollnq ag?�LL1I aql lagiagM plooal aql cuoil sealoun sets It asnEOaq popuEruas sEM assn aqy 'S68 1E PI .'or lgnd ark of algrssaoaE glgeuo ai sr Imp aoEld E ut Mzool aq isnui P-Moq upolInq IEdrouud s. TeEp plag II 'PaPusuiai pus Pasianar slsaddVjo unoZ) aql inq °luou ,7pnCgjmtuns g2jyj olp Pa1uu2 unoo lotim p auy lou sn sea -mo 'ojq_tssaoos sSEMIB o P Q upallnq aq� lEq� panes s�3Au.Id 'Pasolo saanaaumos sm g nim `SZ'AUeq oqi o; .poop -A E sea = L •alms ooWo s.g2I. n g uondaoa� OT JJo XEMjIZq E ut sm srgl lnq `saltnbal alnlEls a 3v Eats �d sit uo 8upaam Inroads s �o aopou pauod � se `P�4 �altnq =�L ' au I, ' (566I 'dd Psi P uog2l aousuod d •� £68 PZ *tA* I ££S `p!svkvN x ddrr� aaS 'palsod aR PInogs aopou aught uopwol agl sasso.rppE uotstoap Msq 2up uadO luaoal I som sleaddV 3o u noo oELL - palsod aq =W aorlort asagM •� • 4 8 sanssl luauro :mom Dugo — O. I u noosouuiyi ou L •n scauOIYSI 00 P pinOg knmco Wsnij •Bupaatu undo uE tp?a uopoauuoo ut krEssmOu J EIEp Oilgnd I ou SSMMp of aBaluud paggmb E uantg arana saipoq Oilgnd 3o siagtuayj •ME'j 2upaaS�li uQdO atpjo sivatu amtbai aqi o platy{ isnul SUOU. OVissElo saopOEid viep Irp Ptaq slmddy jo unoo otp `=,( mp ul - onsst . srg1 uo aouEpmg IEroipnC so jcQrL is ou s� aratp `S86I II1uII '6862 os I :,t.BolmuaB ;auq y *am 'zFs?BxI V66t aqi Ag pagsilgEisa sEna dd(j alp Pue 'IIKO otp u= xpq qsu oPrlQj atp Bunua altu luaamo Otis •kEnud ptm ssauuado Sup.roddns suos= bpd luilladaroo otp si0aUaz fiitigmsui situ, •amlEistBal agi puE sunoo aqi t(Ioq ;o 4saunoo `saBuEgo luwUmBis `snoiaumu auoBiopun anEq „solru. BuiltEnaid atlI, •ratio SUE UMP uorMAVM a om pasnEO SIgEgard seq onss site sink I=A2s Ind aqi ianp *PV sa�riaerd 14% of awl gur�aaZii O 3o drgsuopu , 'O 'lad =.gOwd 14eCI atp sapun sog u sp of amsodxa 1u80Um2p a3Ean Pinoo os op of amliE3 'Ii almba r autos Bupaotu E asolo ca uopdo otp gpoq o Ignd E anr.8 AIduris suopdam lsom aF lEgi aloes •.SeWN Pue uUgSv '8 •suoisnlaxo atui naa; aaE aragy '(I 'Pgns `SOL'ILt,§) suopOurg IEiOipnCisEttb Butsiaiaxa saiotmae alms `•B•a 'IF IE - EKO aqi quA► XIdtuoo 1ou paatt ,Cpoq oT otp gojgM of lOadsai tRina sBupaoui a-m `puEq iatpo atp uo suozsnloxg •Burploaar -adEi (aOuMsut Quo ut) puE oopou loud se gons `SIddE ups ainmms oqi 3o sluatuormbas latpo inq `posolo oq of sBtniaatu IRIOd suoudaox3 :suoisniOxa puE suogdaoxo uaaivaq uopoupsip E rEa oq of sddE ongL •suotsnpxa Pu-c suolldaaxa •V IOV- sOOPOP-ld ine zip of wensi posolosip oq o anzq pinona 1Egea si mm gOns u= Papuord oq =m uopm=O,� wq& 2uT p o so; uouaiisa .ragion V •paimbai si ,SipUpo ds 3o Ianal autos IBM mUns saop possno - I P aq of =fgns otp puE Bup oux E Bup la loj suos= atp u=Awq uopoupsip kioinms oq,L •suopsonb asaq; sianasm KIF9 iuop=jd iou ainims aqi rotppN 1pagsiumg oq m4oldtua otp jo oumu atp ism so `amEnbopE ,Sion mu lotmosiad. s; •sa8.rm D to snanjdu OO fO uorrnlaprsu0O Ov ntgjald i Y I Olson, 372 N.W.2d 804 (Minn. APP- 1985). This disposition prevailed until 1989. 2. 1989 to 1990. In Annandale Advocate v City ofAnnandale, 435 N -W.2d 24 (1989), the Supreme Court rejected the Itasca Co instead that in effect, all of the hundreds of not public data clan approach. cations consti- tuted exceptions to the Open Meeting Law. 3. 1990 to January .1994. The Supreme Court's resolution of the conflict between the statutes was repudiated by the Legislature in 1990. The Open Mpg Law was amended to state expressly that not public data classifications could not be used to close public meetings: "Except as provided in section, meetings may not be closed to discuss data that are not public data." §471.705, subd. Id. Members of public bodies were given a qualified privilege to discuss such data in a public meeting if within the scope of the public body's authority, reasonably necessary to conduct the business or agenda item before the public body, and without malice. Id Members were also required to make "reasonable efforts" to protect not public data from disclosure. 4. January to August M4. The foolish confidence that the legi s l a ti on had resolved the issue was upended in January 1994, when the Court of Appeals essentially reinstated the Annandale rule by holding that when discussing data classified as private under the DPA, a school board was required to close its meeting. Unke v Independent School District No. 147 (Dilworth), 510 N.W.2d 271 (Minn - App- 1994 ) - The disharmony between this decision and the express statutory language caused considerable bemusement. 5. Since August 1994: Current Rule. The Unke decision was issued on the eve of the 1994 session of the Legislature. It responded by adding language to the Data Practices Act. The legislative history makes clear that the purpose to this amendment was to reject the Court's interpretation in Unke. The amendment states that "[n]ot public data may be discussed at a meeting 5, subdivision 1d." 1 the public to the extent provided in section 471.70 . § I3.03, subd- 11. (The 1994 Legislature also deleted the "without malice" and "reasonable efforts to Protect not public data from disclosure" requirements from subdivision Id of the OML.) The Minnesota Oren Meeting z,aw. Current Issues 9 oL sanssX 1uauro nnvl zun=y i uaao ElosauaiN aqL leuagmrecu guns TY6 sivamaaaz luau Xoiduia ssnosip of s2upoaui jo amsop 2up tuuad sz panro Kimin2ai st uopdaoxo snp `ssatagrauoH 'd6LI iaidzqD jo snood M atp sz imp aouzs `suozun aagoiduia or ignd tp!m suoi pogau of Sluo soiiddE lI `SZ'V6LI 03 I0'V6LI soon= of gnvogmods smjai uopdaoxa otp osnzooq . Iugi Panda Summs anzq sdnoj2 zTom sbau puz sm=iz) -Imn gumlzl eq anpoalioo E 3o sraquiaui lou ase oqA% soakoidim oqqnd tpy& suopzpofau ca sogdde osF uoudaoxo sup iay aqM lnoge k=Aonuoo I=isTad umq osiz szq = •suopEpo2au ut )CUzd asranPE Otp 0 1 DO= s,Xpoq otignd aq; jo amsolosip =Awd of sr uopdaoxo ag13o asodmd amuo oqZ :uopdaoxa sup sapun posoto oq iou km guuaoui z guns IzT mato sr 1j •41un 2ummlmq E 3o anuMua=dai a gprnj zaom of sxaas ,Cpoq ogqnd 2 `lava -coq `CITeuouYa'o0 •pasoto aq X= smndstp ioqel gummoum gupaam gue gonm �d `a uel kimtu= otp 3o qlp =q atp jo osnzoag mopdaaxa jo adoaS •Z „•Pound 102pnq luwmo. oqi io3 Xpoq 2unu otp gq pau2is am sxz=uoo lagel tie la4e ogqnd apm pue `pou2js st lozAuoo acp xju sxmf- 0 &41=1 le s oj paniosaid aq lsnm adz; oqL •poprooas -adz; oq ;snur uorssos Pasoto aql (o) Pt =Plaq si a logo aigEilznz apeui aq isnui 2upoom posoto aql le 1uasaid suoslad mipo tie Pus slaquzaui jo tioi uauuna z (q) :2upaom oqgnd aip le poounouue oq isnui 2upaaui pasoto acp 3o aozid pue owp aip pue `2up=ta aqgnd e guunp 910A C41IOfMZ Sq opzut oq ismi asolo of tiois= p aqy (z) =zI uournipgns ut paumuoo osle am uopdaoxa sr gl of anbrun szuauiamlbas rempaooid snoum (pagddns sFegdtuo) zI 'Pgns `90L'ILt ..'SZ *V6LF of ro'V6Lt uor n of wensmd palonpuoo 's Mod -aid uopepo2au iogzi jo yiainai puz uoissnmp io sjuauidotanap io sa =s uoppoffau �uipniout `suopzgo�au sogzi io; a�e�s laptsuoo o�„ sgupaatu guisolo ur apn3Rzi aprn' 912np'elar Spoq ortgnd z sluej2 uoudooxa srgy •one raualka- • I suot;gpo�a'so4E'I 'Q - Os oP of filununut anzq kuoglnz s,gpoq otp 3o odoos atp UPPIM iauzur z o; SuUziar 2upaaur undo uz guunp z;zp ogqnd jou ssnosrp 01 paau oqA% si o }o atignd •paip oq isnui luauiannbai 2upaaui undo aql of uo -daoxa o toads y •orlgnd um p mtpo sz zlzp sargtsszio imp oinuz ;s z jo stseq aq; uo Siduits pasojo aq lanau SEUt soupaayq :mato ,Cigzuoszai sr aD u luasa d Zip snU X _ NI employees as school superintendents, city managers, and county administrators. There would seem to be some theoretical consistency in this argument, since disclosure of the public body's bargaining strategy involving a supervisory person could cause problems similar to those that would occur in the case of a union. However, it can also be contended that the public has a heightened interest in observing and participating in contract negotiations with high - ranking public employees. No clear answer to the question may be possible under current law. E. Preliminary Consideration of Allegations or Charges Against Employees 1. Generally. Though frequently invoked, there is no "personnel exception" to the Open Meeting Law. Two major exceptions found in the statute do, however, deal with personnel matters. Both appear in subdivision ld. Subdivision Id(c) provides that "(a] public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual sub- ject to its authority. §471.705, subd. ld(c) (emphasis added). This language was adopted in 1990, and was a major component of the Legislature's response to the Supreme Court's Annandale decision. The provision originally allowed a public body to close "a meeting. In 1993, while involved in a controversy about its superintendent of schools, the Minneapolis school board contended that the phrase need not be taken literally; multiple meetings could be closed for preli- minary consideration. The Court of Appeals ultimately agreed with this interpretation in Star Tribune v Board of Education District No. 1, 507 N.W.2d 869 (Minn. App. 1993) (rev. denied). The 1994 Legislature then amended the language to expressly allow one or more meetings. 2. Meaning of "Preliminary Consideration." The main problem that has plagued this frequently used exception is the proper scope of "preliminary con- sideration." The language of paragraph (c) suggests that the function of closing the meeting is to determine whether there is "probable cause" to believe that an •allegation be true, i.e., whether it merits serious consideration —an interpre- tation also supported by the legislative history. Not uncommonly, however, public bodies seem to be fully disposing of complaints and charges in closed sessions. But the language stating that if the members "conclude that discipline of any nature may be warranted," further meetings must be open, would seem to The Minnesota Upcn Meeting Law: Current issues ii I mean that once the discussion has proceeded to the point where the members conclude that the charges are probably not frivolous, they may be considered further only in open meetings. 3. Unke There is, of course, the peculiar 1994 Unke decision from the Court of Appeals (discussed above at section V1I.B.4), which dealt primarily with this exception. Unke v Independent School District No. 147 (Dilworth), 510 N.W.2d 271 (Minn. App. 1994). Despite the fact that the Dilworth school board seems to have complied scrupulously with the terms of the statute, the Court concluded it had violated the Open Meeting Law. As noted above, the Legislature has unconditionally repudiated the Unke decision and thus implicitly endorsed the procedure followed by the school board. 4. Request that Meeting be Open. Section ld(c) also states that the meeting must be open at the request of the individual who is the subject of the discussion. While it is rare for this option to be used, the requirement does raise the question of whether that individual must be given separate specific notice of the proposed meeting. Though the statute is silent on the question, such notice (particularly since it would be simple to give) would seem to be prudent. There is no provi- sion that the individual who is the subject of the meeting has a right to be present. F. Performance Evaluations 1. Scope of Exception. This exception was also adopted in 1990 as one of the post Annandale amendments: "A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. " §471.705, subd. ld(d) (emphasis supplied). As with the exception allowing preliminary consideration of allegations or charges, the Legislature did not define the key terms. The legislative history is reasonably clear that the exception is meant to cover routine performance evalua- tions, not to allow public bodies to hash out complaints or problems involving city managers or school superintendents in secret, as experience unfortunately suggests is periodically done. 2. Request that Meeting be Open. A meeting that could be closed for a perfor- mance evaluation must also be open at the request of the subject of the evaluation. The Minnesota Open Meeting Law: Current Issues 12 £l sonssI luauro :&w j outlaaytil MOO zlosouulw 5ELL aql 4m. as ol aEge ;nAna asojaiaq= st goydaoxa ;;q . L 00 i=pcguoa aintosgz so3 P aou aq; soup sarogod or Sutpgpm os*B 3o DM:)cmp q aqt ;j `sonaMoq `plzgdn oq WA% 11 - Iv=ano8 ;o UUOJ Onrmo=p = jo uopvnupuoa aqt of teq=ns;; d(rnntosgs sc mm'Pu=V r-si3 aq= of ==agps pus toj l o&w xT pozss fta ,(p=ls se4 >snoo sn jo3 `pa?= Ioi loII ILA It 'sus aRgnd o1 ssa �r[gnd �suieSs saunq s se pagdds aq uopza s PIS � �I$� ooi 7z�gdiaa 2oaura o� aabTs o.Ignd It ss f4PBdzo sif ui Spoq oggnd s Sq uonado so aoinln Iot;t Issaua8 soj =-- `xu asxa aqp o1 pmixa r=nau ts(u PIS+ usa=q pow. r aopd=za =wRa -,k a rZ :V.�W ul 11 Sutquosap uagm a2m2uq 9zuognzo SIOR pasn Pum `(£S61 •uug'I) � `I PZ'M'N Z££ `SI AmnururoJ Zp pwsla •a vadadsmaN Pnolo 'jS ,.`sSupaaui luatto- XaulonL zo3 Mt:Z Sunaayq uadp ag101 uoudaoxa Palttn?I fJan B. SR 11 pagpxop seq lino otlL •oSojtnud luaga- Sausollz Qtp Jo panudap ,Clarpu2 aq 1ou pinoo satpoq oilgnd imp pjaq uoEp ptm `mzl jo oorlozzd atp nano uopotpsunf it ant±S szamod JO UOU=das ag13o auu=P atP IMP POA=go unoD Qtly '(9L6I) OZ9 PZ'Ak*N ISZ `YYH a '00 mm4KL 'P .roil sllodbaWiN ul atuoidnS otp Sq Mrwo sera uoildaoxo otp `zanamog •sivatupuomm 066I aql jo ued sz amtp Kmt� sil op= ij `(a)PI uotstntpgns lz 3tasit alnizis atp ul o1 p;=jw moN •kiolsT q t: jo Stitgl -atuos gita sauioo uotldaoxo lwgo- Xzmone otp `toy sxp wd zMzQ ag1 put: "An Strgaayg uadp ag1 uaamlaq dtgsuotlzlaz ag1 nutP.M ai salnz atp op sy - kjo}sig •I aSajtzt to luarjo- �acuol�y ' J •Strtlaatu Quo uc pagstldtu000z KIgzcunsazd axe suopmIzna Isom osnz=q `osuz o} ansst stgi .io; axes aq pinom 11 °luana Sue ul •(o)pl uotstntpgns }o a2m2uzl p m2go alp o1 iood= tpya pi p 1t sz zaoq uotsnlouoo 2Eum atp qmz pinona sptmddy 3o unoO aq1 ImV anagaq o1 algzuoszaz ssalaglauou st 1j •selauts otp to . `Sutlaatu E o 1 SIdutts sraim Iles soot mrma aouzuuopod zol uot;dooxo otp `sSuuaaul posolo aldnInui Sutmolja sz so2xmp 3o uotlzaaptsuoo &mmzgwd so; uopd2oxo atp palauL;gE l anzq ajmzlsawl otp guz sunoo ag1 gSnotp `glput3 Zsffui �1i atd S+1I '£ •zopl pzq z aq 1ou pinom lis 1t 1 nq 1 10u glgegosd st ramsuz ate, &Kjalw?&s Sug=uu atp jo pogpou aq iooCgns oqi =m Ist IrEp put, `sagmgo jo uogzzaptsuoo Lxz=goid 3o aszo ag1 ut s sasm uop sanb auras atlL •Sup=ui aq1 puou 011 gSu otp seg lenptnTput stgl ielp soi= Surgl 'ureav tit sanssl luaunD :AU: -II augaayq u El osauurytil achy 1SWAYUON MIAO Sit SUOUttatu .IaAau it imp st uoundo atp 3o f4uzgnaad ouO 'PI .'paouatttmoo pEq uo Rq iaie Sluo Klddz ol. uoladaoxo atp pan=oos- pt;q unoo louistp atp irT uotsntouoo s;i m molo szh unoo otp `iuoAa_Sue uI -pi ,.`soouanbosuoo jegal iptp Put: S= oUpods Sm -2m ` -a-t `aotApz: jEtal jamua$ }o jaAal atp aAOgz: aocnpu spaau �poq o Ignd z: uogen so `poumwmp io luoututun st uoAaliq IM nnogs uM XPoq otlgnd a uaq[nn]. si is agkm io ` - ZL8 le pr & 'Poomm -tuoa Kljt;zziot: lou i nq `luauttuurr st uo prl =iqm ==stunarp . o Xldda of OSQUAUd atp ponsisuoo lI '(£661 'add 'UMM 698 PZ - AA, - I LOS `I - OM IPWS?Q uotmmpg fO pmogg n mmqul mss to a�apAUd ;uago- Lauioiit aqi Passasppe sjt ddy ;o unoD age - �Iq saPtm sz �CitUgms ptm f4ufn=jo lanai olgeuosmu E iz:tp tArl �Upz uad0 aqi 3upidraiul suotsroap unoo olModde ut POA msgo uaUo aldzotnud atp 8uznupuoo —£661 u? `SQL 'uounonp-V jo' plvog - ,t aunq L =S •q •aotreogtu8ls ut pagsrtntutp Xgz:� =sgns uoistoap F'gH atp ;o luauodtuoo ,.U01.1EBgq pourmomp. otp 'o2mguel sttp 3o oouanbasuco R SV pI .' or of ssaoot; anzrq of aggnd atp 3o ig2u otp sgff jw no ATM. uQPUuoo io3 Paau Otp lzgi aiu= otuap. isnm gpoq allgnd otp `Monut aq CIgEindstpu! mo agaWd aqi =qm uaAa `asommtpn3 - L9 1E 'PI w . UOW 2gq 2urtuaouoo aotApa IESD1 Wraas Kpoq But OA02 z uagm say ddu gliadotd,. a�aliAUd ;uago- 9 alp it'.gI 3ttrploq `(Paraap •Aai) (6861 - ddy •uutyq) t9 PZ *tA S£t `jwd 'JYJO* e rj 'A "zwl `suouvoljgnd isamquoK u= i(jquiaptsuoo uALop ij Paddoga sjEaddy jo unoo otp `ianannoq `6861 uI - uopuogddv pEoiq ftaA izuuad glsnoingo suopinasdialut aszgL -pmd - IS , A suouvxjgnd i amquoN - t: - uoAEBAq 2uuap1suoo suns jjosit �Cpoq orlgnd aqi alagAn sasEO se Mann st: `8uzuaiEanji s uoI 121lq imp Spoq oggnd E �o siagtuaui �q uogdaosad agi tluaAOO s8 osle inq `Spoq otjgnd E o paawlunmmoo mmg ogT --Qds 9 3o asuas agi ui SIdtuis lou paid aitq 2tnaq sExi lI - snoos 2 aimb otuooaq of tIOP&Oxa agi PasM SjjMUOAa jowi=T. inq `g8noua pt mjoptl2mtis sEns uoli qq „8cn puad. of aouarajw agy *k=AOSiuoo OAgasdimtn 10 suos flu of Pal ssq (,.uopapi BUT Tad io poumamp„) 2mgd isz l s.unoo atp `gmap atp to 2tnaq pap atl.I. 'uuollu r I �mpuad so Paua�t:as�lCu �o uraEay�l 'Z - (patiddns s=gduia) 9Z9 ie `acdns `yyg •uormBml Surpuadlo Pauat A-V 03 uopriw m ump iaglo saortamLS m mOPts Ptm ` , CImogmo Pvxo?,ut io POSOldmo aq of sr inq `mom Passasci3c3 s�uoo SL sanssl luauro :mn Milmy j U06 ElosaaufW oq saps - EKO aql 3o (0)PI uoistntpgns `polou sy - ;uapaoaj snsrae a;n;elS •g •Qauogdalal gq so) auuaaut aql lz luosald st Swiouz s,Xpoq oilgnd aql 3t Xtuo `uoutuUap Sq `sarlddz uogdaoxa ivarlo eCaulollz aq,L - katuoy Jo auuasara 'S • (Idh saoP uopdaoxo ay; glum= `poouommc<) ..:aaq knlenioE szg io `ivautuiurt sutaas uow.lgrl aql puz apzm uaaq M I=ql a asatt& -2utlaatu posoto z lnui of utaas lou swop `SIan mog mum ou `ilnsmLq z jo loadsold atdwis mp `aio3aiaq,L •asp lzgl ur uopdaoxa o9altnud 3uatlo -ko uouz acts KIddz o1 posn jal steaddy ,to unoO ate, - Paua3Eargl 9puaunuun so Inpuad Tm uouE$ntj ou inq •poidopz aianti 0ouzarpso aql It pans aq pTnorn Qm oql Imp 4ure ao renutn z s A it imp pomogs aouauadxa •oou=.pso 2umtmp apnu z luuaplsuoo s A% 1!ounoO .vt:) InEd '1S atll asatll •peas sigl ui angonAsur sunemai uouroap suouno qnd namquoN zqL - as=q ionbq z vjonai 01 pasodold XIduiis sEq Itounoo f110 z `aoumsur so; `aiagm patlddE aq pinogs uogdaoxo aql latpagn� of se ignop asout aq ptnons asagl `puzq MtPO attl uO - satdmzxa = s2aL=q uopwi!gsz pue soutpoaaosd angzilsrunupz aseo- palsaluoD •s utpoaooid IEtotpnf isenb IE MV;;npZ pup -uassa `poinlon= kueuuoj ut KIddE 1ou ptnont uoudooxa acp iE spunoig Sogod uo onla of 3lnotUpp w=s `ianannoq `ptnoA% lI -=Io lou Idwis st ramsue ag Luondaoxa alalinud 3uatlo- fausouz ag1 3o uouEOOnut AAoltz snttl puz `uonzautl o1rupsuoo asatn ;o P oQ •O—Nq aqi puz `suouEOOnai asuaoq `s2utpaaooid uouzntgsz pue anAESlstutcupz :paAIonut atuooaq uEO satpoq otlgnd gotgnl ui soutpaaootd Ieiotpnf - isznb saglo 3o lsoq E `osinoo 3o `we omgl •lmsmzl IEuontpzzl agl SIuo 2uuapis -uoo sem lino otg `uogdaoxa atg glum 1lzap anzq lzgl suois=p alr[pMe aasgl IIE III •u►EUaoun oslz st uopE9nll� 3o 2unrmui atLL Z.uo ;E�t; f „ si ;8t{A& •t, •uiEu.IQI PQu0)?anP. ,to Sua=Eu ladoid aqi o1 ffuAelaa anogz Passnostp stualgoid IEUOgzlatdialut otLL •uout2pr . 1 paualzaltli Klluaunutui 3nogz suotssnostp o2 pup- `uoAElAt1 Jutpuod guinlontn Xgzmis lnogz suotssnostp of sarlddz SIiealo raou uoudaoxa agatuAud luago- X ouio n - e otEL •atng ;uaunO '£ •onsn srgl uo luop000id sInddV 3o unco gurpEal agl luiod 3EtI3 01 sum li iEgl IM 2 * a `696I mro-g uo�oap suouvotjgnd s that meetings may be closed "if the closure is expressly .permitted by the attorney -client privilege." Although it is argued periodically that this statutory language was meant to be broader than the boundaries of the attorney - client privi- lege as deciphered from court decisions, this interpretation is contradicted by the legislative history of the subdivision. The sponsors of the amendment made clear that it was intended only to codify the exception as the courts developed it. H. Other Exceptions The discussion above addresses the most frequently encountered exceptions to the Open Meeting Law. There are several others, used much less often: 1. The portion of a meeting involving data that would identify alleged victims or reporters of sexual misconduct, domestic abuse, or maltreatment of minors or vulnerable adults. §471.705, subd. ld(b)(1); 2. The portion of a meeting discussing active criminal investigative data, as defined in §13.82, subd. 5. §471.705, subd. ld(b)(2); 3. The portion of a meeting discussing internal affairs data relating to allegations Of misconduct by law enforcement personnel. §471.705, subd. ld(b)(2); 4. The portion of a meeting discussing educational, health, medical, welfare, or mental health data that are not public under sections 13.32, 13.38, 13.42, or 13.46, subds. 2 or 7. §471.705, subd. ld(b)(3); 5. Certain hearings involving the won of public school teachers and coaches. §125.12, §125.121, and §125.17; 6. Hearings on the exclusion and expulsion of public school students. §127;31; 7. Meetings of hospital boards held to discuss marketing strategy. §144.581, subd. 5; 8. Meetings closed by the commissioner of the state Bureau of Mediation Services or the commissioner's designees during mediation over public employee labor disputes. § 179A.14, subd. 3. (The Supreme Court also held in Minnesota The Minnesota Open Meeting Law: Current Issues 16 7 Education Assn v. Bennett, 321 N.W.2d 395 (Minn. 1982), that the mediator need not be present at the closed meeting.) 1. Exemption foi- Quasi- judicial Functions. Finally, the Open Meeting Law contains one true exemption from its requirements: 'This section shall not apply to any state agency, board, or commission when exercising quasi-judicial func- tions involving disciplinary proceedings." §471.705, subd. 1. The Supreme Court held in Annandale that as the language suggests, this exemption applies only to state -level bodies, not to local ones. A. Generally-' The sanctions and remedies for violations of the Open Meeting Law are found in subdivision 2. As originally enacted (in 1957), the Open Meeting Law contained neither penalties nor remedies. However, they have gradually been added, and strengthened. They now consist of a civil penalty up to $300 for a single occurrence, subd. 2(a); reasonable costs, disbursements, and attorney's fees, subd. 2(b); and removal from office for violations determined in three or more separate actions, subd. 2(a). B. Invalidation of Actions. $efore the Legislature added specific penalties, the Supreme Court held that invalidation of actions taken at an illegal meeting was available as* a remedy. Quasi v. Knutson, 276 Minn. 340, 150 N.W.2d 199 (1968). However, after the Legislature included the civil penalty, the Supreme Court concluded that invalidation was not available. Sullivan v Credit River Township, 217 N.W.2d 502 (Minn. 1974). The Court of Appeals recently reached the same conclusion. Petition of D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. App. 1994). C. Current Provisions. The 1994 Legislature significantly revised �:,e penalty provisions. These amendments were effective on August 1, 1994. The civil penalty was raised from $100 to $300 per o=urence (to be paid by the public official, not the public body). For the first time the court was allowed to award attorney's fees in Open Meeting Law actions (not to exceed $13,000). Finally, operation of the "three times and you're out" provision was modified. Until 1994, three violations of the law determined in one action could trigger removal, The Minnesota Open Meeting Law: Current Issues 17 as in the Hibbing case, where three city council members forfeited their offices for OML violations. See Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). The 1994 amendments retain the standard of three violations but require that they be established in three separate lawsuits ( "in three or more actions brought under this section involving the same governing body). A. Intent to Violate. Though the severity of the sanctions was increased in 1994 particularly by means of the attorney's fees provision —it was offset by raising the threshold for imposing penalties. A court must find that a person has "intentionally" violated the law, or, under subdivision 2(c), find "specific intent." The distinction —if any— between "intentionally" and "specific intent" is not clear from the language of the statute, and it is unlikely that courts will find the germs to have different meanings. Only litigation will resolve this question, however. Intent to violate did not have to be established before 1994, though judges generally took it into account in deciding what sort of penalty to assess. Proving Inrem. The statute also does explain how "intentionally" or "specific intent" would have to be proved: Some guidance was (coincidentally) provided by the Supreme Court in Claude v. Collins, supra. That case arose and was decided under the statute as it existed prior to the 1994 amendments, but the Court had construed the "three times and you're out" provision to require inten- tional violations, even though this was not specified. Thus to remove the three council members, it had to find that they had intentionally violated the law. It did so not by means of admissions by the defendants, but simply on the basis that "[e]xperienced elected officials ... are presumed to know the subjects which could lawfully be discussed in closed meetings." Id., 518 N.W.2d at 843. Basically the Court said that if a member of a body subject to the Open Meeting Law has had adequate opportunity to become familiar with its requirements and then violates the law, a court could presume intent: Ignorance alone, though, contrary to the council members' argument, does not amount to good faith or sufficient excuse. Ignorance due to inexperience may constitute good faith and amount to sufficient exam where the elected official neither knows nor has reason to know that be or she is violating the Open Meeting Law. To be sure, the excuse of inexperience very quickly wears thin. Public officials cannot long hide behind purported ignorance where that igno- rance results in harm to the public. Public officials should not be permitted to The Minnesota Open Meeting Law: Current issues 18 frustrate the purposes of the Open Meeting Law, particularly when, as here, advice was available from the city ad m;ntcnyto r and city attorney, which would have prevented the violations. At the same time, elected officials must be allowed a reasonable period to Iearn their duties before they can be removed for failing to perform them. s ** Experienced elected officials ... are presumed to know the subjects which could lawfully be discussed in closed meetings. If an elected official is uncertain whether a particular subject may be discussed at a closed meeting, the official must either refrain from discussing it uatil the uncertainty is resolved, or postpone its discussion to an open meeting. Id. at 843. Whether future courts will take this as a standard by which to estab- lish intent remains to be seen. In any event, it seems almost certain that some sort of circumstantial proof of intent will have to be accepted, since rarely will there will be available competent witnesses to an illegally closed meeting (who would have to speak not only to the fact of closure but also to the subjects dis- cussed). Members of public bodies typically have not testified against one another in Open Meeting Law actions. E. Reimbursement for Defendants' Attorney's Fees. In monetary terms the civil penalty provided by the OML is still negligible. The real hazard to officials charged with violations (other than bad publicity, of course) is payment of attor- ney's fees —their own and perhaps now those of the plaintiffs, under the 1994 amendments. The experience of the officials who were defendants in the Afton litigation is probably indicative of the exposure to defense costs; they incurred tens of thousands of dollars in attorney's fees. ?Mona v Kroschel, 506 N. W.?.d 14 (Minn. App. 1993) (rev. denied). In the Afton case, the defendant officials sought reimbursement for their =or- ney's fees from the city, pursuant to the municipal tort liability act, Nlinn. Star §466.07. The Court of Appeals rejected the officials' claim, concluding that because an Open Meeting Law action did not involve a request for damages, the tort act was of no application. The Court did, however, conclude that under a The Minnesota Open Meetinr'Law:* Current issues 19 `r r separate statute, §465.76, the city could reimburse the officials for their attorney's fees, at its discretion, at least so long as the violation was unintentional. Kroschel V. City of Afton, 512 N.W.2d 351 OvIinn. App. 1994) (rev'd. on other grounds). The reimbursement efforts in Kroschel were pursued under the Open Meeting Law as it existed prior to the 1994 amendments (discussed above). The Legislature appears to have simplified the issue of reimbursement by means of those.amend- ments; subdivision 2 now specifically provides as follows: "A public body may pay any costs, disbursements, or attorney's fees incurred by or awarded against any of its members in an action under this section." Minn. Stat. §471.705, subd. 2 (b). No distinction whatsoever is made between rases where the officials are exonerated, those where they are held to have violated the law but unintentionally, and those in which they violated the law intentionally. The legislative history suggests that the legislators decided reimbursement was a political decision for each public body to make. F. Payment of Plaintiffs' Fees. A more complex question relates to liability for plaintiff's attorney's fees awarded under the 1994 amendment. Since such fees may be granted only in cases of intentional violations, will the public body none- theless have to pay them? The defendant official would seem to be exposed to responsibility for fees awarded to a plaintiff, either directly or should the public body seek compensation after it has paid them. Thus, in the case of an intentional violation, the total attorney's fees to which an official might be subject could be very substantial. G. Awards of Fees to Defendants. The 1994 amendments do allow an award of attorney's fees to the defendant, but "only if the court finds that the action under this section was frivolous and without merit." §471.705, subd, 2(b). 1 7he Suprem Court granted review in this case to co- defendant League of Minnesota Cities and =versed the Court of Appeals holding that the LM C ice trust was required to reimburse the officials; the Court did not consider the portion of the Court of Appeals decision involving construction of the statutes under which the officials sought reimbursement. 524 N.W.2d 719 (Minn. 1994). The Minnesota Open Meeting Law: Current Issues 20 i C A 4 Obviously this will be a rare occurrence. IX. Ft TEJRE LEGISLATIVE ACTION Over the past few years, the Legislature has invested enormous amounts of time and effort on the Open Meeting Law. There is a perception that for the time being it has exhausted its interest in the topic. It thus seems unlikely that any major amendments will be proposed and adopted in the next two or three years. T he Minnesota Oven Meeting Law- 'Glurren Issues 21 W 0 Current Text of Minnesota _ Open Meeting Law (includes amendments through 1995 legislative session) 471.705. MEETING OF GOVERNING BODIES; OPEN TO PUBLIC; EXCEPTIONS Subdivision 1. PRESUMPTION OF OPENNESS. Except as otherwise ex- pressly provided by statute, all meetings, including executive sessions, of any state agency, board, commission or department when required or permitted by law to transact public business in a meeting, and the governing body of any school district however organized, unorganized territory, county, city, town, or other public body, and of any committee, subcommittee, board, department or commis - sion thereof, shall be open to the public, except meetings of the commissioner of corrections. The votes of the members of such state agency, board, co mmissi on or department or of such governing body, committee, subcommittee, board, department or commission on any action taken in a meeting herein required to be open to the public shall be recorded in a journal kept for that purpose, and the journal shall be open to the public during all normal business hours where such records are kept. The vote of each member shall be recorded on each appropria- tion of money, except for payments of judgments, claims and amounts fixed by statute. This section shall not apply to any state agency, board, or commission when exercising quasi-judicial functions involving disciplinary proceedings. . Subd. 1a. LABOR NEGOTTATTONS. Subdivision i does not apply to a meeting held pursuant to the procedure in this subdivision. The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation pro- posals, conducted pursuant to sections 179A.01 to 179A.25. The time of The Minnesota Open Meeting Law: Current Issues 22 commencement and place of the closed meeting shall be announced at the public meeting. A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be tape- recorded at the expense of the governing body. The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this subdivision during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. If the court finds that this subdivision was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this subdivision. If the court finds that this subdivision was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. Subd. lb. WRTI'ITN MA TERIALS . In any meeting which under subdivision 1 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; shall be available in the meeting mom for inspection by the public while the governing body considers their subject matter. This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in subdivision 1a or other law permitting the closing of meetings. The Minnesota Open Meeting Law: Current Issues 23 Subd. lc. NOTICE OF AffX INGS. (a) REGULAR MEETINGS. A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided in this subdivision for a special meeting. (b) SPECIAL MEET INGS. For a special meeting, except an emergency meeting or a special meeting for which a notice requirement is otherwise expressly estab- _ lished by statute, the public body shall post written notice of the date, time, place and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board, on the door of its usual meeting room. The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at least three days before the date of the meeting. As an alternative to mailing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, if there is none, in a qualified newspaper of general circulation within the area of the public body's authority. A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects. A public body may establish an expiration date for requests for notices of special meetings pursuant to this paragraph and require refiling of the request once each year. Not more than 60 days before the expira- tion date of a request for notice, the public body shall send notice of the refiling requirement to each person who filed during the preceding year. (c) EMERGENCY NMEII IGS. For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number.. Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body. Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. Notice shall include the subject of the meeting. Posted or published The Minnesota QMn Meeting Law: ozmnt Issues 24 notice of an emergency meeting shall not be required. An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a specific description of the matters. The notice requirement of this paragraph supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. (d) RECESSED OR CONTINUED MEETINGS. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. For purposes of this clause, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or chapter provision requiring a public hearing by a public body. (e) CLOSED MEETINGS. The notice requirements of this subdivision apply to closed meetings. (f) STATE AGENCIES. For a meeting of an agency, board, commission, or department of the state, (i) the notice requirements of this subdivision apply only if a statute governing meetings of the agency, board or commission does not contain specific reference to the method of providing notice, and (u) all provisions of this subdivision relating to publication shall be satisfied by publication in the state register. (g) ACTUAL NOTICE. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this subdivi- sion are satisfied with respect to that person, regardless of the method of receipt of notice. Subd. 1d'. TREATMENT OF DATA CLASSIF AS NOT PUBLIC. .(a) Except as provided in this section, meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority, and is reasonably necessary to conduct the business or agenda item before the public body. Data The Minnesota Open Meeting Law: Current Issues 25 discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. (b) Any portion of a meeting must be closed if expressly required by other Iaw or if the following types of data are discussed: (1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision S, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or politi- cal subdivision; or (3) educational data, health data, medical data, welfare data or mental health data that are not public data under section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7. (c) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. (d) A public body may close a meeting to evaluate the performance of an indivi- dual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body, shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (e) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney- client privilege. Subd. le. REASONS FOR CLOSING A MEETING. Before closing a meet- ing, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The Minnesota Ouen Meeting Law: Current Issues 26 l Subdivision 2. PENALuEs. (a) Any person who intentionally violates this section shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body. An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the govern- ing body is located. If a person has been found to have intentionally violated this section in three or more actions brought under this section involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. The court deter - m . g the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous vio- lations issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. (b) In addition to other remedies, the court may award reasonable costs, disburse- ments, and reasonable attorney fees of up to $13,400 to any party in an action under this section. The court may award*costs and attorney fees to a defendant only if the noun finds that the action under this section was frivolous and without merit. A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members in an action under this section. (c) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this section. Subdivision 3. CITATION. This section may be cited as the "Minnesota Open MeeEng Law." The Minnesota Open Meeting Law• Current Issues 27 a 3 9 A. Summary of the Minnesota Open Meetin g Law by Mark Shepard Legislative Analyst Research Department Minnesota House of Representatives November 1994 Groups and Meetings Governed by the Open Meeting Law The law applies to all levels of state and local government, but generally does not apply to nonprofit corporations,_ The ONiL (Minnesota Statutes, section 471.705) applies to state agencies, boards, co and departments. It also covers the governing body of any school district, unorganized territory, county, city, town, or other public body. The list of groups covered by the open meeting law does not refer to nonprofit corporations, even those created by the legislature. However, the law creating certain nonprofit corporations (e.g. Minnesota Technology, Inc.) specifies that those groups are subject to the open meeting law, * Used by permission of Mark Shepard, for which Mark Anfinson expresses his gratitude. The Minnesota Ooen Meeting law: Issues 28 A 1986 attorney general opinion stated that the Open Meeting Law does not apply to nonprofit corporations, even if they are funded p6marily with public money, are appointed by public officials, and perform services exclusively for govern- mental units. ('The nonprofit corporation involved in this opinion was organized by several counties to operate a mental health service program for the counties. This opinion clearly would not apply to nonprofit corporations that the legislature has stated =covered by the OML.) Opin.Atty.Gen. 92a -30, January 29, 1986. A separate law applies to the legislature. In 1990 the legislature passed a law, separate from the OML, requiring that all legislative meetings be open to the public. The law applies to House and Senate floor sessions, and to meetings of committees, subcommittees, conference com- mittees, and legislative commissions. For purposes of this law, a meeting occurs when a quorum is present and action is taken regarding a matter within the juris- diction of the group. Each house of the legislature must adopt rules to implement these requirements. Remedies provided under these rules are the exclusive means of enforcing this law. (Mumesota Statutes, section 3.055) The law applies to subcommittees and other subgroups. The OML applies to committees, subcommittees, boards, departments or com- missions of local public bodies. The text of the law does not clearly apply to committees and subcommittees of state agencies. However, an attorney general opinion stated that the law does apply to subgroups of state agencies, as well as to subgroups of local government (Opin.Atty.Gen. 10-b, July 3, 1975). The Minnesota Court of Appeals has held that the OML was not violated when two of five city council members attended private mediation sessions related to city business. The court determir ---d that the two council members did not consti- tute a committee or subcommh_ :-;e of the council because the group was not capable of exercising decision - matting powers. Sovereign v. Dunn 498 N.W.2d 62 (Munn. App. 1993). The Minnesota Open Meeting Law: Current Issues 29 f The law applies to informational meetings. The Minnesota Supreme Court has held that the OML applies to all gatherings of members of a governing body, regardless of whether or not action is taken or contemplated. Thus informational seminars for members of public bodies must be conducted openly. St. Cloud Newspapers Inc v District 742 Community Schools 332 N.W.2d 1 (Minn. 1983). However, a 1975 attorney general opinion stated that city council attendance at a League of Minnesota Cities training pro- gram for city officials did not violate the OML if the members did not discuss specific municipal business (Opin. Atty. Gen. 63a -5, February. 5, 1975). Gatherings of less than a quorum of a public body are not subject to the saw. The Minnesota Supreme Court has held that the OML applies only to a quorum or more of members of the governing body or committee. Moberg v. Independent School District 281 336 N.W.2d 510 (Minn. 1983). The law .does not cover chance or social gatherings. The OML does not apply to chance or social gatherings of members of a public body. St. Cloud NewMgLers, Inc. v. District 742 Community Schools 332 N.W.2d 1 (Minn. 1983). However, a quorum of a public body may not, as a group, discuss or receive information on official business in any setting under the guise of a private social gathering. Moberg V. Independent School District 281 336 N.W.2d, 510 (Minn. 1983). The law does not appIy to certain types of advisory groups. The Minnesota Court of Appeals has held that the Open Meeting Law does' not apply to certain types of advisory groups. Minnesota Daily v University of Minnesota 432 N.W.2d 189 (Minn.- App. 1988) In that case, a presidential search advisory committee to the Board of Regents was held not to be a committee of *the governing body (the University Board of Regents) for purposes of the OML. In reaching its holding, the court pointed out that no regents were on the search committee, and that the committee had no power to set policy or make a final decision. It is not clear if a court would reach the same result if members of the The Minnesota Oven Meeting Law: Current Issues 30 - 4 T governing body were also on the advisory committee. Depending on the number of members of the governing body involved and on the form of the delegation of authority from the governing body to the members, a court might consider the advisory committee to be a committee of the governing body. Requirements of the Open Meeting Law The primary requirement of the Open Meeting Law is that meetings be open to the public. The law also requires that votes in open meetings be recorded in a journal, and that the journal be open to the public. The vote of each member must be recorded on appropriations of money, except for payments of judgments and claims and amounts fixed by statute. The Iaw requires public bodies to give notice of their meetings. The Minnesota Supreme Court has held that failure to give notice of a meeting is a violation of the OML. Sullivan v. Credit River Townshiy 217 N.W.2d 502 (1974). It is also a violation of the OML to conduct business before the time publicly announced for a meeting. Merz v. Leitch 342 N.W.2d 141 (Minn. 1984). The OML requires public bodies to keep schedules of regular meetings on file at their offices. For special meetings (meetings held at a time or place different for regular meetings), public bodies must post notice on their principal bulletin board. The public body must also either mail notice to people who have requested such mailings, or publish notice in the official newspaper, at least three days before the. meetings. For emergency meetings (special meetings called because of circumstances that require immediate consideration), the public body must make good faith efforts to notify news media. The Minnesota Open Meeting Law: Current Issues 31 For state agencies, publication requirements can be satisfied by publishing notice in the State Register. The law requires public availability of relevant materials. The OML requires that for open meetings, at least one copy of any printed material prepared by the public body and distributed or available to 211 members of the public body also be available in the meeting room for inspection by the public. This requirement does not apply to materials that are classified:as private under the Data Practices Act. Exceptions to the Open Meeting Law The law does not apply to state agency disciplinary hearings. The OML does not apply to any state agency, board, or commission when exerI- cising quasi-judicial functions involving disciplinary hearings. Thus a meeting of a state occupational licensing board could be closed if the board was considering discipline of a license - holder. There is an exception for certain meetings involving employee evaluation or discipline. A public body must close meetings for preliminary consideration of allegations or charges against an individual subject to its authority. if the members of the public body conclude that discipline may be warranted as a result of those charges, further meetings or hearings relating to the charges must be open. Meetings must also be open at the request of the individual who is the subject of the meeting. Statutes other than the OML may permit or require closed meetings for certain local governmental bodies to conduct specific kinds of disciplinary hearings. For example, school board hearings held to discharge or demote a teacher are private unless the affected teacher wants a public hearing (Minn. Stat. sec. 125.17, snbd. 7) The Minnesota Oven Meeting Law: Current issues 32 E£ sanssi Iuauro :WF j,uuaayq u t:3 osautnyg aq,L -'(£66I *ddV UuWO 698 PZ - M'i1 LOS 1 'oN locasm joogos js. S uol.4wnpg 3o pxeog •n atmquy -mg - poomurtuoo uaaq IaX Io M I nq luzummn st (lu a utl rm posodotd E oI posoddo se) sloe; oUioods rano uout:2gq 3i sagdde uogdoox atp imp papa st:q slmddy ;o unoC) aq.L '(6861 'ddV'uuW tg PZ - tA -M 5£ir `fined IS 3o ; •ouI suo.4wllgnd isansquoN •sltnsn+trj asn4n; of peal S irp woutlat ua posod - s ;o so=tD ont put; sqi2uarts a p ssnostp rn s)jaas dpoq 2UPMA02 s uQq& Xjdds lou saop -IKp atP 01 uoudaoxa OU - (9L61) OZ9 PZ'tA'N 15Z `£1£ 'uum OT£ lr4potpnV luaus janapag put, SuIsnoH •n •qD ounquL puz ms szi Eauucyq •aotnps 132;j Imuag so; mnbai =tu a of SIdde sou swop uotidaoxo snjy •uog Rq anuoz so; 9$alt'tls ssnoszp oI sguAaaui io; a8ajinud ivago gausolls aqg uo past;q `uoudaoxo palttuq t: sz alagl lEgl pjaq st>tj irctoa amaidng Elosattutyq aqy •a�airAitd juaiia-Sauso E aq4 uo pas8q sgilcmtu pasop s. pmad AEI aq L '(£ 'pgns `SI'X6L1 -oas 'IMS 'uuW tuatg sasojo .muoj mumoo otp ssajun `s8uuaatu oqqnd we suourpo8au asatiL •szoSojdma oqqnd pus sraSojdtua ogqnd uaanuaq suotssas uoAttpatu pue suoutnlogau asojo of saotnias uoAE.payljo iouousmimo� otp situuad mLl .im pout' -palajdmoo axe sumpoBau uagn% ogqnd a Mm mooaq o; s8uow otp to; pus `s8urlaom asatg ;o But -pioow odt:t so; sompaooid sogmods olin oqL •suouuuo2ou sogzj so; sjt sodotd pas ssnosrp of 2tzttaatu pasojo t: plot; oI Spoq ogqnd t: sittruad "BKO au.I. •suor�Er�o au .rogEi .�o� s 'lunaauY pasop siiuiiad AizI aql •gup=tu atpjo loaCgns otu ;o lsonbai otp Is undo aq isntu ltnlaatu uogt;njgna uy •8ugaom undo ixau sit I E u o gt njEna otp ;o su mnlow o atP =z mtutuns isnm dpoq oqqnd 2%L •povenjt:na aq of jtenplAtput aql }zluapt isntu Kpoq oq qnd otp `Buq=m z 8tnsoio alo;ag 141jotpac slt oI loofgns sr ogns jtttpumui us ;o aottt:uuoad aql alt:njEna oI ntrgaata s asoj6 St:tu Spoq arjgnd V r 0 There is a narrow exemption from the OML for certain meetings of public hospital boards. Boards of public hospitals and certain health organizations may close meetings to discuss competitive market activities and contracts. (Minn. Stat. 144.581, subd. 5) The law specifies how it relates to the Government Data Practices Act. Except as specifically provided, public meetings may not be closed to discuss data that are not public data u nder the Data Practices Act. Data that are not public may be discussed at an open meeting without liability, if the matter discussed is within the public body's authority and if it is reasonably necessary to conduct the business before the'public body. A portion of a meeting must be closed if the following data are discussed. Data that would identify alleged victims or reporters of criminal sexual con- } duct, domestic abuse, or maltreatment of minors or vulnerable adults Active investigative data collected by a law enforcement agency, or internal affairs data relating to alleged misconduct by law enforcement personnel Certain types of educational, health, medical, welfare or mental health data that are not public data Penalties The OML provides a civil penalty. of up to $300 for intentional violation. A person who is found to have intentionally violated the law in three or more legal actions involving the same governmental body forfeits the right to serve on that body for a time equal to the term the person was serving. The Minnesota Supreme Court has held that this removal provision is constitutional, provided that the violations occurred after the person had a reasonable amount of time to learn the responsibilities of office. Claude v. Collins 518 N.W.2d (Minn. 199 The Minnesota Open Meeting Law. Current Issues - 34 C t 1 A public body may not pay a civil penalty on behalf of a person who violated the law. However, a public body may pay any costs, disbursements, or attorney fees incurred by or awarded against a member of the body in an action under the OML. The law permits a court to award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under the OML. How- ever, ► A court may award costs and attorney fees to a defendant only if it finds that the action was frivolous and without merit_ ► A court may award monetary penalties or attorney fees against a member of a public body only if the court finds there was specific intent to violate the OML. This publication can be made available in alternative formats upon request. Please call Karin Johnson, (612) 296 -5038 (voice); (612) 296 -9896 or, 1 -800- 657 -3550 (TDD). The Minnesota Open Meeting Law- -Current Issues 35 r n A SLINUMLARY OFTHE f MINNESOTA GOVERNMENT DATA PRAMCES ACT Prepared by the Public Information Policy Analysis Division Department of Administration State of Minnesota January 1995 The Minnesota Government Data Practices Act is coded as Minnesota Statutes, Chapter 13, Sections 13.01 through 13.99. At its inception in 1974, this law was popularly called the Data Privacy Act. Since 1979, the Act has been officially entitled the Minnesota Government Data Practices Act. This summary is intended to describe the major provisions of the Act. It is not intended to be and should not be read as a definitive legal interpretation. The Act is intended to regulate the data handling practices of the state and all of its subdivisions. Except in very limited instances, it does not govern the data handling practices of the private sector. The provisions of the Act apply to all government data, which is defined as "all data ollected, created, received, maintained, or disseminated by any state agency, political subdivision, or statewide system regardless of its physical form, storage media, or conditions of use." (See Minnesota Statutes, Section 13.02, subdivision 7.) Generally, the Act regulates the following areas: 1. General Classification of Government Data 2. Access to Government Data 3. Access to Data on Decedents 4. Duties of Responsible Authorities 5. Rights of Subjects of Data 6. Legal Remedies 7. Written Opinions by the Commissioner of Administration 8. Specific Classifications of Data 1. GENERAL CLASSIFICATION OF GOVERNMENT DATA The Act establishes what is called the data classification system as a cornerstone for the method used to regulate government data. This system, which must be extracted from the definitional section of the Act, is a logical way of classifying and labeling government data in terms of who is authorized to gain access to the data. MGDPA Summary Page 2 January, 1995 The classification system operates as follows: All government data is subdivided into data on individuals, data not on individuals, and data on decedents. Data on individuals is subdivided into public, private, and confidential data. Data not on individuals is subdivided into public, nonpublic, and protected nonpublic data. Statutory treatment of data on decedents is discussed below. The Act dictates that all government data is public unless it is otherwise classified by statute, federal law or temporary classification. (Minnesota Statutes, Section 13.03, subdivision 1.) Only a statute, federal law or temporary classification can classify data as not available to the public. Data cannot be classified by rules of state agencies or by administrative decisions. The Act permits agencies to apply for temporary classifications of data as private, confidential, nonpublic, or protected nonpublic. (See Minnesota Statutes, Section 13.06.) Applications for temporary classification of data must be prepared according to statutory and rule requirements and submitted to the Commissioner of Administration. The Commissioner of Administration is given the authority to grant the classification requested, refuse to grant it, or to suggest another classification. Temporary classifications expire ten days after the end of the second complete legislative session that follows the granting of the classification. Application forms are available from the PIPA Division. 2. ACCESS TO GOVERNMENT DATA The general rule for all government data is that it is public. Public data is accessible to any member of the public for any reason. (Minnesota Statutes, Section 13.03.) The exceptions to this rule are as follows: a. DATA ON iNDMDUALS: Where a statute, federal law, or temporary classification makes certain data on individuals private, the data is not accessible to the public but is accessible to the individual subject of the data and to agencies authorized by law to gain access. (Minnesota Statutes, Section 13.02, subdivision 12.) Where a statute, federal law, or temporary classification makes certain data on individuals confidential, the data is not accessible to the public or to the subject of the data, but is accessible to agencies authorized by law to gain access. (Minnesota Statutes, Section 13.02, subdivision 3.) t MGDPA Summary Page 3 January, 1995 b. DATA NOT ON INDIVIDUALS: Where a statute, federal law, or temporary classification makes certain data not on individuals nonpublic, the data is not accessible to the public but is accessible to the subject of the data and to agencies authorized by law to gain access. (Minnesota Statutes, Section 13.02, Subdivision 9.) For example, nonpublic data on a corporation would be accessible to the corporation. By law, corporations are not individuals, but a corporation could be a data subject. Where a statute, federal law, or temporary classification makes certain data not on individuals protected nonpublic, the data is not accessible to the public or to the subject of the data, but is accessible to agencies authorized by law to gain access. (Minnesota Statutes, Section 13.02, subdivision 13.) One very important feature of the Act is its intent to ensure that the public has access to all government data that is classified as public. 'Thus, the Act requires that agencies make government data easily accessible and convenient to use, and that they handle requests for government data in an appropriate and prompt manner. The Act further requires agencies to make public data available at reasonable times and places, to permit inspection of public data at no cost, to provide copies at reasonable cost and to explain the meaning of public data upon request. (See Minnesota Statutes, Section 13.03). 3. ACCESS TO DATA ON DECEDENT In 1985, the Legislature established new classifications of private and confidential data. on decedents to prescribe the treatment of private or confidential data in those instances where the data subject has died. Upon the death of a subject of private data, data about that individual becomes private data on decedents. Upon the death of a subject of confidential data, data about that individual becomes confidential data on decedents. In the case of private or confidential data on decedents, all rights conferred by the Act on the-subject of the data, including the right to access data, are conferred on and may be exercised by the decedent's representative. The Act specifies that after a limited period of time private and confidential data on decedents becomes public data. Two dates must be considered in making the determination as to whether or not private or confidential data on decedents a MGDPA Summary Page 4 January, 1995 becomes public. Those two dates are 1) the date of death of the data subject and 2) the date the data about that subject was created. If the data subject has been deceased for ten years and thirty years have elapsed since the creation of the data in question, then the data is public. Minnesota Statutes, Section 13.10 should be reviewed for important details about the treatment of data on decedents which are not described here. 4. DUTIES OF RESPONSIBLE AUTHORITIES The Act views the Responsible Authority as the individual in each governmental agency who is required to perform the duties necessary to implement and administer the Act or to assure that these duties are performed. Most, but not all, of these duties are detailed in Minnesota Statutes, Section 13.05. Some duties do appear in other statutory sections, including implied duties in Minnesota Statutes, Section 13.04. Among other things, the Responsible Authority is: a. Able to appoint "designees" to assist in implementing and administering the Act. b. Responsible for preparing procedures to assure that access to government data is given to the public. C. Responsible for preparing an annual report to the public on what data within the agency is private or confidential data on individuals. d. Responsible for limiting the collection of data by the agency to the data that is necessary for the administration and management of programs authorized by the Legislature, local governing body, or mandated by the federal government. e. Responsible for limiting the collection, storage, use, and dissemination of private and confidential data to those purposes communicated to the individual at the time the data was collected from him or her. f. Responsible for preparing a public document setting forth the procedures in effect in the agency for providing data subjects with access to private or public data concerning themselves, and with other rights afforded to individuals by Minnesota Statutes, Section 13.04. f n MGDPA Summary 'age 5 i January, 1995 5. RIGHTS OF SUBJECTS OF DATA The statutory section primarily concerned with these rights is Minnesota Statutes, Section 13.04. The general purpose of this section is to assure that individuals on whom the government maintains data are afforded certain rights. Those rights include, but are not limited to, the following: a. At the time an individual is asked to provide private or confidential data about himself or herself, that individual must be told: 1) Why the data is being collected; 2) How the data will be used within the collecting agency; 3) Whether the individual can refuse or is legally required to provide the data being requested from him or her; 4) What the consequences are to the individual of supplying or refusing to supply the requested data; and 5) The identity of other persons or entities authorized by law to receive the data. b. Upon request to a Responsible Authority, an individual must be told whether the government agency maintains any data on him or her and whether that data is classified as public, private or confidential. C. An individual has the right to see and to review all public and private data about himself or herself without any charge. d. An individual has the right to receive copies of all public and private data about himself or herself. The agency may charge a fee as reimbursement for the costs associated with providing copies. e. An individual has the right to contest the accuracy or completeness of public or private data maintained about him or her. The Responsible Authority is required to make the changes requested by the individual or to allow the individual to file a statement of disagreement concerning the data. This statement must accompany all disseminations of the disputed data. The individual may use the contested case procedures in Chapter 14 of Minnesota Statutes to appeal an adverse determination of the Responsible Authority to the Commissioner of Administration. MGDPA Summary Page 6 'anuary, 1995 6. LEGAL REMEDIES The Act affords a number of potential remedies to individuals who maintain that a government agency is violating or not properly administering the provisions of the Act. (See Minnesota Statutes, Section 13.08.) These remedies include: a. Agencies or Responsible Authorities who violate the Act and cause damage to an individual by so doing can be sued by the individual. The individual may recover actual damages, costs, and attorney fees. In cases of willful violations, the individual may recover up to $10,000 in exemplary damages. b. Agencies which violate or propose to violate the Act may be enjoined from such actions by a district court. C. Any aggrieved person may bring an action to compel any government agency to comply with the Act. In such actions, the court may award costs and reasonable attorney fees. Minnesota Statutes, Section 13.09, the penalties section of the Act, provides misdemeanor penalties for any person who uillfully violates the Act. This section also provides that a willful violation may be grounds for suspension or dismissal of a public employee. 7. WRITTEN OPINIONS BY THE COMMISSION_ ER OF ADMINISTRATION In 1993, the legislature granted to the Commissioner of Administration the authority to issue written opinions, upon request, on questions of public access to government data, rights of data subjects, and classifications of data. Minnesota Statutes, Section 13.072 should be reviewed for details about this advisory opinion process. 8. SPECIFIC CLASSIFICATIONS OF DATA The Act itself classifies certain specific types of data as private, confidential, nonpublic, or protected nonpublic. A significant number of statutory sections outside of Chapter 13 also classify specific types of data. In 1992, the Legislature began to cross- reference these sections in Section 13.99 of the Act. t MGDPA Summary Page 7 ianuary, 1995 The Act itself classifies the following: DATA MAINTAINED BY STATE AGENCIES AND POLITICAL SUBDIVISIONS 1. Attorneys data. 2. Benefit data. 3. Educational data. 4. Correspondence of elected officials. 5. Examination data. 6. Federal contracts data. 7. Firearms data. 8. General nonpublic data. 9. Health data. 10. Civil investigative data. 11. Library and historical data. 12. Licensing data. 13. Medical data. 14. Personnel data. 15. Property complaint data. 16. Salary benefit survey data. 17. Welfare data. 18. Employment and training data. 19. Award data. 20. Social Security numbers. DATA MAINTAINED ONLY BY POLITICAL SUBDIVISIONS 1. Appraisal data. 2. Assessor's data. 3. Lodging tax data. 4. Deferred assessment data. 5. Transportation service data. 6. Foster care data. 7. Farm assistance data. 8. Housing agency data. 9. Convention center data. 10. St. Paul Port Authority data. 11. Human Rights data. 12. Sexual assault data. 13. Social recreational data. 14. Homestead Application data. 15. Redevelopment data. 16. Financial disclosure statements of elected or appointed officials. 17. Insurance trust data: 18. Economic assistance data. 19. Minneapolis Employees Retirement Fund data. MGDPA Summary Page 8 January, 1995 DATA MAINTAINED ONLY BY STATE AGENCIES 1. Department of Administration data. 2. Teachers Retirement Association data 3. Department of Agriculture data. 4. State Auditor's data. 5. Aquaculture Permit data. 6. Attorney General data. 7. Corrections Ombudsman data. 8. Department of Employee Relations data. 9. Iron range resource and rehabilitation data 10. Energy and financial data and statistics. 11. Department of Public Safety data. 12. Public Employees Retirement Association data. 13. Pepartment of Public Service data. 14. Tax data. 15. Department of Commerce data. 16. Department of Transportation data. 17. Environmental quality data. 18. Bureau of Mediation Services data. 19. Department of Energy and Economic Development data. 20. Indian Affairs Council data. 21. Agricultural Resource Loan Board data. 22. Hazardous Substance Injury Compensation Board data. 23. Minnesota Export Authority data. 24. Department of Labor and Industry data. 25. Rehabilitation data. 26. Minnesota Zoological Garden data. 27. Natural Resources mineral data. 28. Internal auditing data. DATA MAINTAINED BY CRIMINAL JUSTICE AGENCIES 1. Domestic abuse data. 2. Comprehensive law enforcement data. 3. Medical examiner data. 4. Court services data. 5. Corrections and detention data. 6. Investigative detention data. 7. Criminal history data. 8. Community dispute resolutions center data. The appropriate sections of the Act should be reviewed for the definitions of these types of data and for the details of their classifications. , MN Dgwvnent of A&n&d � Public Injorrnad= Po&y Analysis Division (1195) 320 Centennial Building, 658 Cedar Street, St. Pau4 MN 55155 Yoke: (612) 296 -6733 or 1- 800 -657 -3721 77Y/7DD. (612) 282 -5599 Far (612) 296 -5800 DEFINITIONS AND CLASSIFICATIONS OF DATA UND HE MINNESOTA GOVERN DATA PRACTICES ACT DATA ON INDIVIDUALS* Section 13.02, subd. 5. i o Im (PUBLIC) Section 13 02. subd. 15. Accessible by any member of the public for any reason. P (PRIVATE) Section 13.02, subd. 12. Accessible by the data subject. I Not accessible by the public. GOVERNMENT DATA I.E. "EVERYTHING" DEFINED AT MINNESOTA STATUTES SECTION 13.02, SUBDIVISION 7. DATA ON DECEDENTS Section 13.19; subd. 1. (PUBLIC) Section 13.02, subd. 15. Accessible by any member of the public for any reason. (PRIVATE DATA ON DECEDENTS ** ) Svcuon 13. 10. subd. 113 Accessible by the representative of the decedent. Not accessible by the public. DATA NOT ON INDIVIDUALS* r Section 13.02, subd. 4. (PUBLIC) Section 13.02, subd. 14. Accessible by any member of the public for any reason. (NON- PUBLIC) Section 13.02, subd. 9. ' Accessible by the subject of ' the data, 0 any. Not accessible by the public. ' (PROTECTED NON-PUBLIC) Section 13.02, subd. 13. Not accessible by the data subject. ' Not accessible by the public. (CONFIDENTIAL DATA ON DECEDENTS * * ) Section 13. 10. subd. IA. Not accessible by the representative of the decedent. Not accessible by the public. M � 1 J WW I P I ndividual mean PUBLIC INFORMATION POLICY n lndlvldtl - is defined by Section 13.02, subdivision 8. Simply slated, i ..living human bein g It does not MN pePerpnent of Adminlsuvioo • mean pe of entity created by operation of law, such as a corporation. 658 Ceder St., St. Paul. MN 551 SS •' Prlv�► ..., +d Confidential data on decedents become public data 10 y ears after th th of the data subject and �zo C^nte 7oia1 Otlt �nn a .FC� l z 91 .� _YSIS DIVISION 2/96 (CONFIDENTIAL) Section 13.02, subd.3. Not accessible by the data subject. Not accessible by the public. YOUR RIGHT TO ACCESS GOVERNMENT DATA All government data collected, created, received, maintained or disseminated by a government agency in Minnesota are public unless otherwise classified by law. The Minnesota Government Data Practices Act establishes the following rights and responsibilities for access to government data in general and to public government data in particular: • Records containing government data must be easily accessible for convenient use, and agencies must receive and comply with requests for data in an appropriate and prompt manner. You have the right to inspect public government data at reasonable times and places at no costa • You have the right to get copies of public government data upon request. You may be charged for the cost of copying public data. " You have the right to be informed of the meaning of public data. If the data you ask to see are classified in a way that prevents you from seeing them, you have the right to be informed of that fact, and to be told which state statute or federal law classifies the data. You may request that this be done in writing. PUBLIC INFORMATION POLICY ANALYSIS DIVISION MN Department of Administration 320 Centennial Office Building 658 Cedar St., St. Paul, MN 55155 612 -296 -6733 or 1- 800 - 657 -3721 2/96 BMIOMI1ww E How to lawfully collect, store, use i,d disseminate data on individuals When you collect or store data on individuals: Q: Is collection or storage necessary for the administration and management of a program specifically authorized by the legislature or local governing body, or by the federal government? ❑ No - Do not collect or store the data. When you are collecting data on individuals: ❑ Yes — Proceed to next question. * A Tennessen Warning ifo nrms an Q: Are you asking an individual to supply individual: private or confidential data about herself or himself? ■ Why the data is being collected. ❑ No — Collect the data. a data. the agency intends to use the ❑ Yes — Give a Tennessen Warning ■ Whether the individual may refuse and collect the data or is legally data. y requ to supply the * Private or confidential data cannot be collected, stored, used or disseminated for any purposes other than those stated in the Tennessen Warnin y consequences to the individual of 8 either supplying or refusing to supply the data, and Before you use or disseminate data on individuals: ■ The identities of other persons or entities authorized by law to receive Q: Is the use or dissemination necessary for the the data• administration and management of a program specifically if authorized by the legislature or local governing body, or by the federal government? ❑ No — Do not use or disseminate the data. ❑ Yes — Proceed to next question. Q: Are the data classified as private or confidential data on individuals? ❑ No — Use or disseminate the data. ❑ Yes — Proceed to next question. n: Was the data subject informed Cm a Tennessen Warning) that the data would be used or disseminated for this purpose ?* No — Get the data subject's informed consent PUBLIC INFORMATION POLICY ANALYSIS DIVISION 1 MN Department of Administration 320 Centennial Office Building ❑ Yes — Use or disseminate the data 658 Cedar St., St. Paul, MN 55155 612- 296 -6733 or 1. 800 -657 -3721 2196 A Brief Overview of the Minnesota Government Data Practices Act The Minnesota Government Data Practices Act regulates the handling of all government data that are created, collected, received, maintained or disseminated by a state agency, political subdivision or statewide system, no matter what form the data are in, or how they are stored or used. Briefly, the act regulates: ■ What information can be collected ■ who may see or get copies of the information ■ the classification of specific types of government data ■ the duties of government personnel in administering the provisions of the Act ■ procedures for access to the information ■ procedures for classifying information as not public ■ civil penalties for violation of the Act, and the charging of fees for copies of government data. Almost all government data are either data on Wividuals or data not on individuals. Data on individuals are classified as either public, private or confidential. Data not on individuals are classified as public, nonpublic or protected nonpublic. This classification system determines how government data are handled (see chart, below). - -Iqqpp— - "qqmpp— Public Available to anyone Public for any reason Private Available only to the data Nonpublic subject and to anyone authorized by the data subject or by law to see it. Confidential Not available to the public Protected or the data subject Nonpublic 14 Poauc MMOR w MON PowCY AN"YS1s uiVIS1oH MN tam dAftWomWce 320 Cml—; Offia liWI&S 639 Cads 5L sc Pad, bW 55155 612 - 296.6733 or 1400 -W -3121 2196 m l a : ' 7irs ; Issue Update GoviRrnmental July 1994 New Minnesota Law Restricts Gifts to State and Local Officials A Minnesota law that will become effective on August 1, 1994, severely restricts the ability of lobbyists, their princi- pals and other persons interested in decisions of state and local officials to give gifts to those officials. 1994 Minn. Laws ch. 377. Violation of the law is a crime. ■ Plaque or memento recognizing individual service in a field of specialty or to a charitable cause. ■ Trinket or memento of insignificant value. s Informational material of unexceptional value. This new "not even a cup of coffee" law affects all persons and organizations that have contact with state and local government. The law presents several pitfalls for the unwary - especially questions such as who is a principal? Who is an interested person? Which state and local officials are covered? What gifts have such small value that they are not prohibited? The wisest policy for persons and organizations that have co ' with state and local officials may be: "No board nel .r, officer, manager, supervisor or line employee may give a gift to a person in Minnesota state or local government; exceptions will be approved on a case-by- case basis.* Chapter 377 includes two basic provisions: • Lobbyists/Principals. Lobbyists and their princi- pals may not give, or request another to give, a gift to high - level State and Twin Cities -area officials. Ch. 377 § 5. • Interested Persons. A person or representative of a person or association that has a direct financial interest in a decision a high -level city or county official isauthorizedto make maynotgive, or request another to give, a gift to that official. Ch. 377 § 8. There are parallel exceptions to both provisions. Gifts aW prohibited are: • Political contributions. • Services to assist an official in the performance of official duties,` including but not limited to providing advice, consultation, information, and communi- cation in connection with legislation, and services to constituents. ■ Services of insignificant monetary value. ® Food or beverage given at a reception, meal, or meeting away from an official's workplace by an organization before whom the official appears to make a speech or answer questions as part of a program. ® Gift given because of an official's membership in a group, a majority of whose members are not officials, when an equivalent gift is given to the other members. a Gift given by a lobbyist, principal or interested person who is a member of an official's family, unless the gift is given on behalf of someone not a member of the family. Chapter 377 raises many questions, some of which have been answered by the Minnesota Ethical Practices Board (MEPB) in advisory opinions. An opinion is a defense in a judicial proceeding against person requesting orcovered by the opinion. Ch. 377 § 1. Who is a Lobbyist? A person who spends five hours in any month or $250 in a year influencing actions of State or Twin Cities area governments is a lobbyist. Minn, Stat. § 10A.01, subd. 11. Who Is a Principal? An entity that spends more than $500 a year to retain a lobbyist or spends more than $50,000 a year to influence actions of State or Twin Cities -area governments is a principal. Minn. Stat. § 10A.01. subd. 28. A difficult question is which, If any, participants in an organization that is a principal are themselves principals. A corporation that retains lobbyists clearly is a principal. If the corporation's chief executive officer, who is not a lobbyist. takes a legislator to lunch, is the chief executive officer,a principal? If the corporation does not reimburse him or her? How about board members? Other officers? Managers? The corporation's governmental affairs executive? Super- visors? Line employees? Shareholders? The only guid- ance the MEPB has provided so far is to opine that members of the Minnesota Newspaper Association, which is a princi- pal, are not principals merely because they pay dues to the Association. Advisory Opinion No. 143. A line employee probably is not a principal; a person who makes or directs implementation of corporate policy probably is. There is no "bright line" to determine who is and is not covered. - Who Is an Interested Person? An interested person is a person or a representative of a person or association that has a direct financial interest in a decision that a local official is authorized to make. A sole proprietor or partner of a business arguably may not take a local official on a golf outing if the official is authorized to select the business as a vendor - whether or not the official has contracted with the business because the proprietor or partner has a direct financial interest in a decision the official may make. Regardless of direct finan- cial interest, the proprietor or partner - as well as board members, officers, managers, supervisors, line employees and lobbyists - probably wouldbe representing the business at the golf outing and, therefore, be prohibited from paying for it. What Is a Gift? Money, real or personal property, service, loan, forbear- ance or forgiveness of debt and a promise of future employ- ment, without the giver receiving consideration of equal or greater value, are gifts. The exceptions to prohibited gifts for services of "insignifi- cant monetary value," trinkets and mementos of "insignifi- cant value," and informational material of "unexceptional value" leave unclearthe meanings of the three terms. Rules of statutory construction suggest the terms must have different meanings in order to give each term effect. The MEPB indicated in AO No. 141 that a datebook Team- sters have given public officials at a cost to the Teamsters of $2 is not'a trinket or memento of insignificant value." In AO No. 151 the Board said volunteer services to election campaigns are services of "insignificant monetary value The MEPB opined in AO No. 143 that hometown newspa- pers distributed free to legislators fall within the exceptions, but did not specify whether the newspapers are informa- tional material of "unexceptional value" or services to assist legislators in performance of their duties. The MEPB has indicated indirect gifts are on no firmer footing than direct. Payment of costs of a county officials' meeting (AO No. 142), an assessors' meeting (AO No. 148) and a State Fair dinner attended by public officials (A6 No. 147) have been declared impermissible. It is unclear whether the social custom "I'il buy lunch, you get it next time" satisfies the consideration requiremprO at chapter 377. } Which State and Local Officials Are Covered? Lobbyists and principals may not give a prohibited gift to a public official, an employee of the Legislature, or local official of a metropolitan governmental unit. "Public offi- cial," "local official" and "metropolitan governmental unit" are defined in Minn. Stat. § 10A.01, subds.18, 25 and 26. As a result, the lobbyists/principals provision of the newlaw applies to state elected officials, members of state boards, state department heads and chief assistants; legislative employees; and elected and appointed officials and em- ployees with power to make, recommend or vote on major expenditures or investments by Twin Cities metropolitan agencies, the seven metropolitan counties and cities in the Twin Cities area with more than 50,000 residents. Interested persons, on the otherhand, may not give prohib- ited gifts to elected or appointed officials of any county or city in the state or an agency, authority or instrumentality of a county or city. The definitional requirement that an interested person have a direct financial interest in a decision that a local official is authorized to make implies that local officials must have financial decision -m power in order to be covered by the interested -pet. provision. Both the lobbyists/principals and interested - persons provi- sions of chapter 377 apply to officials of the seven Twin Cities -area counties and Twin Cities -area cities with more than 50,000 residents. Note that the definition of "local official" for purposes of the interested - persons prohibition does not include public employees, while a "local official" for purposes of the lobbyiststprincipals prohibition does include public employ- ees. However, all persons working for many statutory cities are either elected or appointed.. Chapter 377 does not apply to school districts. What Is the Penalty for Violation? Violation of chapter 377 by lobbyists, principals, interested persons and state and local officials is a misdemeanor. Several other Minnesota statutes, legislative rules, ethics codes and an executive order also regulate the conduct of state and local officials and persons and organizations +hat have contact with officials. i If you have questions about chapter 377, please contact Rich Forschler at 336 -3385 or Bob Hentges at 336 -3263, our governmental affairs lawyers. OT Gov Affairs Minneapolis, Minnesota Telephone 6121336 3000 I or 1/800/328 4393 ' Facsimile 6121336 3026 f Denver, Colorado Telephone 303/592 5900 or 1/800/525 2086 Facsimile 3031592 5693 Des Moines, Iowa Telephone 515/2 489000 Facsimile or 1 /800 /228 0836 Facsimile 515/248 9010 i W ` rtgton, D.C. 7/3272 64 79 79 Te, no 2021783 3880 or 1/800/628 4322 Facsimile 202/783 3899 London, England Telephone 44!71/623 6163 i Facsimile 44/71/6233227 Frankfurt, Germany Telephone 49/69/17 43 43 Facsimile 49/69/17 43 49 Almaty, Kazakhstan fie — phone 7/3272 64 79 79 Facsimile 7/3272 64 79 79 i The Issue Update is intended solety to alert react % new developments and is not intended AS 14b_ advice. Further details may be neces- sary for a complete understanding of the infomm- lion in this Issue Updttia. Issue Update July 20, 1994 TO: Our Clients and Friends RE: Minnesota's New Law on Gifts to Public Officials Responding to the demand of an angry electorate for higher ethical standards for public officials, the 1994 Minnesota Legislature passed a law, effective next month, severely restricting gifts to state and local officials. The new law is very broad in its coverage and presents several pitfalls for the unwary. Violation is a crime. The attached article explains the law and analyzes its impact on persons and organizations that have contact with Minnesota state and local officials. We hope the article is useful to you. If you have any questions, please call Bob Hentges (336 -3263) or Rich Forschler (336- 3385). k < CONFLICT OF INTEREST Conflict of interest questions arise periodically and can become complex. Generally, a legal conflict of interest occurs when you, as a member of a commission are slated to vote on a matter involving you and /or a business owned by you or a member of your family by blood or marriage or when the outcome could be economically advantageous to you or to a member of your family or to a business owned in whole or in part by you or a member of your family. In such case, you have a responsibility to disclose this information to the commission you serve and abstain from any discussion and /or vote on this matter. In addition to the above - mentioned situations, all commission member must be aware of situations in which there is an appearance of conflict of interest. In some cases - such as an individual's alliance to an organization or group - a matter may be pending before the commission which will not benefit you or a family member, but may leave doubt as to that member's ability to make an objective determination. Although there may not be any legal preemption from voting under such circumstances, discretion should prevail. When these issues arise, discuss them with the liaison or, if necessary, with the City Attorney. If you are in doubt, the safest course of action is to abstain from participating in any discussions on that particular issue. CITY OF BROOKLYN PARK COUNCILICOMMISSION COMMUNICATIONS �, The purpose of this form is to help facilitate written communications between the City Council and Boards/ Commissions in a uniform manner. Please use this format as a cover sheet when transmitting minutes, seeking assistance, or providing other information between the City Council and Commissions by completing applicable sections below. Thank you! BOARD /COMMISSION NAME: Period: TO Date Prepared: Prepared By: PROPOSED COUNCIUCOMMISSION ACTION ALTERNATIVES: ■ ■ BULLET -POINT SUMMARIES OF KEY DISCUSSIONS /RECENT ACTIONS: ■ ■ ■ CHANGE IN MEMBERSHIP: AN IDEA FOR THE COUNCIUCOMMISSION TO CONSIDER: REQUEST FOR ASSISTANCE: OTHER: This form was prepared as a courtesy by the Brooklyn Park Communications Task Team. S:\ SHARE \C0MMISSI0N \C0MKUN.PRM COMMISSION NAME: 19 Attendance Record g Date ®®®®®_ ® ®M®_® Member Name ®e ®eeeeeeeeeeeee ®ease ®e® ®� ■yes®®® ■ ■ ■�® ■ ■®® ■ ® ■�■�®® SASHAREICOMMISSIONIATTENDAN FRM