HomeMy WebLinkAbout3.b. Open Meeting LawMEMORANDUM
DATE: January 31, 2000
TO: Mayor and Councilmembers
All City Commissions and Committees
FROM: Thomas. D. Burt, City Administrator
SUBJECT: OPEN MEETING LAW SUMMARY AND ISSUES
PURPOSE AND REQUI T S .
In a nutshell, the Open Meeting Law requires that the City
Council and its committees, boards and commissions transact public
business in meetings which are open to the - public. -The open
meeting requirement also applies to state agencies, school
districts, counties and other public bodies. The Open Meeting Law -
also requires that votes of members of public bodies subject to it
be recorded and kept available. to the. public. Finally,. the Open
Meeting Law sets - forth requirements regarding reasonable notice -for
meetings of public bodies and requires that they provide at least
one copy of any printed agenda materials in the meeting room for
inspection by the public. A copy of the Act is included in this
Section as Exhibit A.
EXCEPTIONS
The exceptions to the Open Meeting Law.are few and narrowly
construed by Minnesota courts. The exceptions include:
l Discussions of labor negotiations, provided that the
public body, by majority vote, decides to hold a closed
meeting to discuss these labor issues.
2 Discussion of data involving -alleged. victims or reporters
of criminal sexual conduct, domestic abuse, maltreatment .
of minors or venerable adults; investigative data
regarding criminal activities; and certain educational,
health, medical, welfare and mental health data on
individuals.
With respect to -all of these data, a - public body is
ire ct_uired to close a public meeting for discussion of the
material.
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 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 serve on the governing body-of- or in any..
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
lease
Open Meeting Law can be very difficult. In this regard, p
take the time to readbAttorney General's Opinion on this
subject attached as Exh iit C