2024-02-06 P & Z Packet - Laserfiche WebLink

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RELEVANT LINKS: 2. Meetings that must be closed There are some meetings that the open meeting law requires to be closed. The following meetings must be closed: a. Misconduct allegations Minn. Stat. § 13D.05, subd. A public body must close a meeting for preliminary consideration of 2(b). allegations or charges against an individual subject to the public body’s Minn. Stat. § 13.43, subd. 2(4). authority. DPO 03-020. DPO 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.” DPO 10-001. The commissioner has also advised that a recording of a closed meeting Minn. Stat. § 13.43. 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. Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this Minn. Stat. § 13D.05, subd. 1. exception: Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. Note: There is a special provision dealing with The meeting must be open at the request of the individual who is the allegations of law subject of the meeting. Thus, the individual should be given advance enforcement personnel misconduct; see Minn. Stat. § notice of the existence and nature of the charges against him or her, so 13D.05, subd. 2(a) and that the individual can make a decision. section II.G.2.b.- Certain not- public data. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. If the public body decides that discipline of any nature may be warranted regarding the specific charges, further meetings must be open. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 18