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2022-09-12 P & R Packet
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2022-09-12 P & R Packet
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13D.06 MINNESOTA STATUTES 2021 10 <br />Subd. 3. Forfeit office if three violations. (a) If a person has been found to have intentionally violated <br />this chapter in three or more actions brought under this chapter involving the same governing body, such <br />person shall forfeit any further right to serve on such governing body or in any other capacity with such <br />public body for a period of time equal to the term of office such person was then serving. <br />(b) The court determining the merits of any action in connection with any alleged third violation shall <br />receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a <br />separate third violation, unrelated to the previous violations, issue its order declaring the position vacant <br />and notify the appointing authority or clerk of the governing body. <br />(c) As soon as practicable thereafter the appointing authority or the governing body shall fill the position <br />as in the case of any other vacancy. <br />Subd. 4. Costs; attorney fees; requirements; limits. (a) In addition to other remedies, the court may <br />award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an <br />action under this chapter. <br />(b) The court may award costs and attorney fees to a defendant only if the court finds that the action <br />under this chapter was frivolous and without merit. <br />(c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against <br />any of its members in an action under this chapter. <br />(d) No monetary penalties or attorney fees may be awarded against a member of a public body unless <br />the court finds that there was an intent to violate this chapter. <br />(e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action <br />under this section if the public body that is the defendant in the action was also the subject of a prior written <br />opinion issued under section 13.072, and the court finds that the opinion is directly related to the cause of <br />action being litigated and that the public body did not act in conformity with the opinion. The court shall <br />give deference to the opinion in a proceeding brought under this section. <br />History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 <br />c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s <br />2, 3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art I s 39; 1997 c 154 s 2; 2008 c 335 s 2 <br />13D.065 USE OF SOCIAL MEDIA. <br />The use of social media by members of a public body does not violate this chapter so long as the social <br />media use is limited to exchanges with all members of the general public. For purposes of this section, e-mail <br />is not considered a type of social media. <br />History: 2014 c 274 s 2 <br />13D.07 CITATION. <br />This chapter may be cited as the "Minnesota Open Meeting Law." <br />History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 <br />c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s <br />2, 3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art I s 39; 1997 c 154 s 2 <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />
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