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

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RELEVANT LINKS: The Court of Appeals also noted that the capacity to act on behalf of the governing body is presumed where members of the group comprise a quorum of the body and could also arise where there has been a delegation of power from the governing body to the group. If a city is unsure whether a meeting of a committee, board, or other city entity is subject to the open meeting law, it should consult its city attorney or consider seeking an advisory opinion from the commissioner of the Minnesota Department of Administration. Thuma v. Kroschel, 506 Notice for a special meeting of the city council may be needed if a N.W.2d 14 (Minn. Ct. App. quorum of the council will be present at a committee meeting and will be 1993). DPO 16-005. participating in the discussion. For example, when a quorum of a city council attended a meeting of the city’s planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting law not because the council members simply attended the meeting but because the council members conducted public business in conjunction with that meeting. A.G. Op. 63a-5 (Aug. 28, Based on this decision, the attorney general has advised that mere 1996). attendance by council members at a meeting of a council committee held in compliance with the open meeting law would not constitute a special city council meeting requiring separate notice. The attorney general cautioned, however, that the additional council members should not participate in committee discussions or deliberations absent a separate special-meeting notice of a city council meeting. 4. Social gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council members will not be considered a Dist. 742 Community Schools, meeting subject to the requirements of the open meeting law if there is not 332 N.W.2d 1 (Minn. 1983). Moberg v. Indep. Sch. Dist. a quorum present, or, if a quorum is present, if the quorum does not No. 281, 336 N.W.2d 510 discuss, decide, or receive information on official city business. The (Minn. 1983). Hubbard Broadcasting, Inc. v. City of Minnesota Supreme Court has ruled that a conversation between two city Afton, 323 N.W.2d 757 council members over lunch about a land-use application did not violate (Minn. 1982). the open meeting law because a quorum of the council was not present. 5. Serial meetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has noted that meetings of less than a No. 281, 336 N.W.2d 510 quorum of a public body held serially to avoid a public meeting or to (Minn. 1983). DPO 10-011. DPO 06-017. fashion agreement on an issue of public business may violate the open meeting law. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 22