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04-08-15-WS
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04-08-15-WS
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RELEVANT LINKS: <br /> 7. Security reports <br />Minn. Stat. § 13D.05, subd. 3 <br />(d). Meetings may be closed to receive security briefings and reports, to <br />discuss issues related to security systems, to discuss emergency-response <br />procedures, and to discuss security deficiencies in or recommendations <br />regarding public services, infrastructure, and facilities, if disclosure of the <br />information would pose a danger to public safety or compromise security <br />procedures or responses. Financial issues related to security matters must <br />be discussed and all related financial decisions must be made at an open <br />meeting. Before closing a meeting under this exception, the public body <br />must, when describing the subject to be discussed, refer to the facilities, <br />systems, procedures, services or infrastructures to be considered during the <br />closed meeting. The closed meeting must be tape-recorded, and the <br />recording must be preserved for at least four years. <br /> G. Common issues <br /> 1. Interviews <br />Channel 10, Inc. v. Indep. <br />Sch. Dist. No. 709, 215 <br />N.W.2d 814 (Minn. 1974). <br />The Minnesota Supreme Court has ruled that a school board must <br />interview prospective employees for administrative positions in open <br />sessions. The court reasoned that the absence of a statutory exception <br />indicated that the Legislature intended such sessions to be open. <br /> As a result, a city council should conduct any interviews of prospective <br />officers and employees at an open meeting if a quorum or more of the <br />council will be present. <br />Mankato Free Press v. City <br />of North Mankato, 563 <br />N.W.2d 291 (Minn. Ct. App. <br />1997). <br />The Minnesota Court of Appeals considered a situation where individual <br />councilmembers conducted separate, serial interviews of candidates for a <br />city position in one-on-one closed interviews. The district court found that <br />no “meeting” of the council had occurred because there was never a <br />quorum of the council present during the interviews. However, the court of <br />appeals sent the case back to the district court for a determination of <br />whether the councilmembers had conducted the interview process in a <br />serial fashion to avoid the requirements of the open meeting law. <br />Mankato Free Press v. City <br />of North Mankato, No. C9- <br />98-677 (Minn. Ct. App. Dec. <br />15, 1998) (unpublished <br />opinion). <br />On remand, the district court found that the individual interviews were not <br />done to avoid the requirements of the open meeting law. This decision was <br />also appealed, and the court of appeals affirmed the district court’s <br />decision. Cities that want to use this type of interview process should first <br />consult their city attorney. <br />League of Minnesota Cities Handbook for Minnesota Cities 10/2/2014 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 17
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