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

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RELEVANT LINKS: To constitute malfeasance or nonfeasance, a public official’s conduct must Jacobsen v. Nagel, 255 Minn. affect the performance of official duties and must relate to something of a 300, 96 N.W.2d 569 (1959). substantial nature directly affecting the rights and interests of the public. Jacobsen v. Nagel , 255 “Malfeasance” refers to evil conduct or an illegal deed. “Nonfeasance” is Minn. 300, 96 N.W.2d 569 described as neglect or refusal, without sufficient excuse, to perform what (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). is a public officer’s legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. Sullivan v. Credit River Twp., The open meeting law does not address whether actions taken at a meeting 299 Minn. 170, 217 N.W.2d that does not comply with its requirements would be valid. 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Minnesota courts have generally refused to invalidate actions taken at an Township, 217 N.W.2d 502 improperly closed meeting because this is not a remedy the open meeting (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. law provides. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. Quast v. Knutson, 276 Minn. But the Minnesota Supreme Court has held that an attempted school 340, 150 N.W.2d 199 (1967). district consolidation was fatally defective when the initiating resolution was adopted at a meeting that was not open to the public. III.Meeting procedures A. Citizen involvement Any person may observe council meetings. In fact, the council should encourage citizen attendance to help raise awareness of the city’s problems and help create support for programs suggested by the council. Minn. Stat. § 13D.01, subd. 6. Citizens must be able to hear the discussion at a meeting and must be able to determine who votes for or against a motion. DPO 08-015. DPO 17-006. One copy of any printed materials relating to the agenda items of the meeting that have been distributed or made available to all members of the council must be made available to the audience unless doing so would violate the Minnesota Government Data Practices Act. Although anyone can attend council meetings, citizens cannot speak or otherwise participate in any discussions unless the mayor or the presiding Minn. Stat. § 412.191, subd. 2. officer recognizes them for this purpose. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 28