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

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RELEVANT LINKS: DPO 03-020. (Advising that While the law permits the council to announce that it is closing a when a meeting is closed under this exception, Minn. meeting to consider charges against an individual, it is still the best Stat. § 13.43, subd. 2 requires practice not to refer to that individual by name. The council should state the government entity to identify the individual who is only that it is closing the meeting to give preliminary consideration to being discussed). allegations against someone subject to its authority. However, if someone requests the name of the employee who is the subject of the closed meeting, the name will probably have to be furnished since the existence and status of any complaints against an employee are public data. b. Certain not-public data The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota Government Data Practices Act. A meeting must be closed, however, if the following not-public data is discussed: Minn. Stat. § 13D.05, subd. Data that would identify alleged victims or reporters of criminal 2(a). sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults. Minn. Stat. § 13.32. Minn. Stat. § 13.3805, subd. Internal affairs data relating to allegations of law enforcement 1. personnel misconduct or active law enforcement investigative data. Minn. Stat. § 13.384. Minn. Stat. § 13.46, subds. 2, Educational data, health data, medical data, welfare data or mental 7. health data that are not-public data. Minn. Stat. §§ 144.291- 144.298. Certainmedical records. 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: The council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. H. Common issues 1. Data practices Minn. Stat. § 13D.05, subds. Generally, meetings may not be closed to discuss data that is not public 1(a), 2(a). under the Minnesota Government Data Practices Act (MGDPA). See section II.G.2.b.-Certain However, the public body must close any part of a meeting at which not-public data. certain types of not-public data are discussed. Minn. Stat. § 13D.05, subd. If not-public data is discussed at an open meeting when the meeting is 2(a). required to be closed, it is a violation of the open meeting law. Minn. Stat. § 13.03, subd. 11. Discussions of some types of not-public data may also be a violation of the MGDPA. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 19