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RELEVANT LINKS: Minn. Stat. § 13D.05, subd. 1(d). A closed meeting held to discuss any of the not-public data listed above must be electronically recorded, and the recording must be preserved for at least three years after the meeting. Minn. Stat. § 13D.05, subd. 1 (b), (c). IPAD 09-012. Other not-public data may be discussed at an open meeting without liability or penalty if the disclosure relates to a matter within the scope of the public body’s authority, and it is reasonably necessary to conduct the business or agenda item before the public body. The public body, however, should make reasonable efforts to protect the data from disclosure. Data discussed at an open meeting retains its original classification; however, a record of the meeting shall be public. 3. Misconduct allegations or charges Minn. Stat. § 13D.05, subds. 1(d), 2(b). IPAD 03-020. (Advising that when a meeting is closed under this exception, Minn. Stat. § 13.43, subd. 2 requires the government entity to identify the individual who is being discussed). A public body must close one or more meetings for “preliminary consideration” of allegations or charges of misconduct against an individual subject to its authority. This type of meeting must be open at the request of the individual who is the subject of the meeting. If the members conclude discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations that are held after that conclusion is reached must be open. This type of meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. IPAD 14-004. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against a job applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee.) The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not “an individual subject to its authority.” IPAD 10-001. Minn. Stat. § 13.43. The commissioner has also advised that a tape recording of a closed meeting for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public. The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. 4. Performance evaluations Minn. Stat. § 13D.05, subds. 1(d), 3(a). IPAD 14-007 (discussing what type of summary satisfies the open meeting law). A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. The public body must identify the individual to be evaluated before closing the meeting. League of Minnesota Cities Handbook for Minnesota Cities 10/2/2014 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 15