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Jun-08-20D9 15:15 From-PETERSON FRAM BERGMAN 6512281753 T-416 P.DDZ/006 F-998 LMC ~ ufNmtJiJ6l1t4 06a CJtt.~", ..J/nw League of Minnesota Cities Insurance Trust 145 Universlt;y Avenue West, St Paul, MN 55:103-2044 (65.1) :281..1200 · (BOO) 925-1122 Fax: (651) 281-1298 · TOO: (651) 281..1290 www..lmnc.org RISK MANAGEMENT INFORMATION ELECTRONIC COMIvIUNICATIONS BETWEEN COUNCIL :MEJvIBERS E-mail correspondence can be an unintentional conduit for city officials to violate the Minnesota Open Meeting Law. This memo outlines some points elected officials and members of city committees and boards should be aware of to avoid inadvertently vi~lating the Open Meeting Law. The Open Meeting Law Under the :Minnesota Open Meeting Law, Minn.. Stat.. ~ 13D, meetings of at least a quorum of the city council or one of its committees to discuss city business must be publicized and open to the public, subject to a few exceptions. A primaty purpose ofth.e law is to make sure information and deliberations about city business are available to the public. The law applies to any discussion about city business, not just voting or official actions, and to any gathering of a quorum of the councilor COmmittee9 In most cities a quorum is tmee or more council or committee members. It)s easy to imagine situations where a quorum might gather - coffee at the local cafe~ pre- or post-meeting discussions, a wedding reception or communi~ celebration are all common spots for councilmembers to meet. There are also some not-so-obvious ways a quorum might meet, for instance in a serial meeting - imagine Council Member A talks to Council Member B, B talks to Council Member C, and C talks to A. Another is through written correspondence, or through telephone conference calls. Any of these scenarios would create an open meeting concern if the group discussed city business. Violating the open meeting law carries with it penalties including personal liability for up to $300 per occurrence and forfeiture of office for officials who intentionally violate the law three times. Reasonable costs and attorney fees can also be awarded if the court finds specific intent to violate the law. Electronic communications and the Open Meetiug Law The Minnesota Open Meeting Law bas a number of tricky aspects) not the least of which results from increasing reliance on e-mail communication between councilor committee members.. Tbh; matert~1 Ii prOYlcl.~ 1$ general information ,qnd Is nCt a Sabstltute for leg,I idvfGI. Consult 10llf attorney for iJdviCt concerning .paClflC tnaatJons.