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04-08-15-WS
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RELEVANT LINKS: <br />IPAD 05-013 (advising that a <br />government entity could <br />close a meeting under this <br />exception to discuss its <br />contract with an independent <br />contractor when that <br />contractor is an individual <br />human being). <br />At its next open meeting, the public body must summarize its conclusions <br />regarding the evaluation. This type of meeting must be open at the request <br />of the individual who is the subject of the meeting. If this type of meeting <br />is closed, it must be electronically recorded, and the recording must be <br />preserved for at least three years after the meeting. <br /> 5. Attorney-client privilege <br />Minn. Stat. § 13D.05, subd. 3 <br />(b). <br />Brainerd Daily Dispatch, <br />LLC v. Dehen, 693 N.W.2d <br />435 (Minn. Ct. App. 2005). <br />Prior Lake American v. <br />Mader, 642 N.W.2d 729 <br />(Minn. 2002). Northwest <br />Publications, Inc. v. City of <br />St. Paul, 435 N.W.2d 64 <br />(Minn. Ct. App. 1989). <br />Minneapolis Star & Tribune <br />v. Housing and <br />Redevelopment Authority in <br />and for the City of <br />Minneapolis, 251 N.W.2d <br />620 (Minn. 1976). <br />IPAD 14-005. <br />A meeting may be closed if permitted by the attorney-client privilege. <br />Meetings between a government body and its attorney to discuss active or <br />threatened litigation may only be closed, under the attorney-client <br />privilege, when a balancing of the purposes served by the attorney-client <br />privilege against those served by the open meeting law dictates the need <br />for absolute confidentiality. The need for absolute confidentiality should <br />relate to litigation strategy, and will usually arise only after the city has <br />made a substantive decision on the underlying matter. This privilege may <br />not be abused to suppress public observations of the decision-making <br />process, and does not include situations where the council will be <br />receiving general legal opinions and advice on the strengths and <br />weaknesses of a proposed underlying action that may give rise to future <br />litigation. <br /> 6. Purchase or sale of real or personal property <br />Minn. Stat. § 13D.05, subd. 3 <br />(c). A public body may close a meeting to: <br /> <br /> <br /> <br /> <br />Minn. Stat. § 13.44, subd. 3. <br />• Determine the asking price for real or personal property to be sold by <br />the public body. <br />• Review confidential or protected nonpublic appraisal data. <br />• Develop or consider offers or counteroffers for the purchase or sale of <br />real or personal property. <br />Minn. Stat. § 13D.05, subd. 3 <br />(c). Vik v. Wild Rice <br />Watershed Dist., No. A09- <br />1841 (Minn. Ct. App. Aug. <br />10, 2010) (unpublished <br />opinion) (holding that this <br />exception authorizes closing <br />a meeting to discuss the <br />development or consideration <br />of a property transaction and <br />is not limited to the <br />discussion of specific terms <br />of advanced negotiations). <br />IPAD 08-001. <br />Before holding a closed meeting under this exception, the public body <br />must identify on the record the particular real or personal property that is <br />the subject of the closed meeting. The closed meeting must be tape- <br />recorded. The recording must be preserved for eight years, and must be <br />made available to the public only after all real or personal property <br />discussed at the meeting has been purchased or sold, or after the public <br />body has abandoned the purchase or sale. The real or personal property <br />that is being discussed must be identified on the tape. A list of members <br />and all other persons present at the closed meeting must be made available <br />to the public after the closed meeting. The actual purchase or sale of the <br />real or personal property must be approved at an open meeting, and the <br />purchase or sale price is public data. <br />League of Minnesota Cities Handbook for Minnesota Cities 10/2/2014 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 16
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