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2024-02-06 P & Z Packet
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2024-02-06 P & Z Packet
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RELEVANT LINKS: <br />Second, if the account a city council member wants to use for city <br /> <br />business is tied to a private employer, that private employer may have a <br />policy that restricts this kind of use. <br />Even if a private employer allows this type of use, it is important to be <br /> <br />aware that in the event of a public-records request under the MGDPA or a <br />discovery request in litigation, the private employer may be compelled to <br />have a search done of a council member’s email communications on the <br />private employer’s equipment or to restore files from a backup or archive. <br />See Handbook, Records <br />What may work best is to use a free, third-party email service, such as <br />Management, for more <br />Gmail or Hotmail, for your city account and to avoid using that email <br />information about records <br />management. <br />account for any personal email or for anything that may constitute an <br />official record of city business since such records must be retained in <br />accordance with the state records-retention requirements. <br /> <br />I. Advisory opinions <br /> <br />1. Department of Administration <br />Minn. Stat. § 13.072, subd. 1 <br />The commissioner of the Minnesota Department of Administration has <br />(b). See Minnesota <br />authority to issue non-binding advisory opinions on certain issues related <br />Department of <br />Administration, Data <br />to the open meeting law. The Data Practices Office (DPO) handles these <br />Practices for an index of <br />requests. <br />advisory opinions. <br />See Requesting an Open <br />A public body, subject to the open meeting law, can request an advisory <br />Meeting Law Advisory <br />opinion. A person who disagrees with the way members of a governing <br />Opinion. <br />body perform their duties under the open meeting law can also request an <br />advisory opinion. <br /> <br />2. Attorney General <br />Minn. Stat. § 8.07. <br />The Minnesota Attorney General is authorized to issue written advisory <br />See index of Attorney <br />opinions to city attorneys on “questions of public importance.” The <br />General Advisory Opinions <br />from 1993 to present. <br />Attorney General has issued several advisory opinions on the open <br />meeting law. <br /> <br />J.Penalties <br />Minn. Stat. § 13D.06, subd. 1. <br />Any person who intentionally violates the open meeting law is subject to <br /> <br />personal liability in the form of a civil penalty of up to $300 for a single <br />Claude v. Collins, 518 <br />N.W.2d 836 (Minn. 1994). <br />occurrence. The public body may not pay the penalty. A court may <br />consider a council member’s time and experience in office to determine <br />the amount of the civil penalty. <br />League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 26 <br /> <br />
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