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RELEVANT LINKS: Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a councilmember’s email communications on the private employer’s equipment or to restore files from a backup or archive. See Handbook, Chapter 27 for more information about records management. What may work best is to use a free, third-party email service, such as gmail or Hotmail, for your city account and to avoid using that email account for any personal email or for anything that may constitute an official record of city business since such records must be retained in accordance with the state records retention requirements. H. Advisory opinions 1. Department of Administration Minn. Stat. § 13.072, subd. 1 (b). See IPAD for an index of advisory opinions. The commissioner of the Minnesota Department of Administration has authority to issue non-binding advisory opinions on certain issues related to the open meeting law. A $200 fee is required. The Information Policy Analysis Division (IPAD) handles these requests. See Requesting an Open Meeting Law Advisory Opinion from IPAD. A public body subject to the open meeting law can request an advisory opinion. A person who disagrees with the manner in which members of a governing body perform their duties under the open meeting law can also request an advisory opinion. 2. Attorney General Minn. Stat. § 8.07. See index of Attorney General Advisory Opinions from 1993 to present. The Minnesota Attorney General is authorized to issue written advisory opinions to city attorneys on “questions of public importance.” The Attorney General has issued several advisory opinions on the open meeting law. I. Penalties Minn. Stat. § 13D.06, subd. 1. Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single occurrence. The public body may not pay the penalty. A court may take into account a councilmember’s time and experience in office to determine the amount of the civil penalty. Minn. Stat. § 13D.06, subd. 2. O’Keefe v. Carter, No. A12- 0811 (Minn. Ct. App. 2012) (unpublished opinion). An action to enforce this penalty may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. League of Minnesota Cities Handbook for Minnesota Cities 10/2/2014 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 23