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2024-02-28 CC Packet
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2024-02-28 CC Packet
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RELEVANT LINKS: <br />However, not-public data may generally be discussed at an open meeting <br />without liability or penalty if both of the following criteria are met: <br />Minn. Stat. § 13D.05, subd. <br />The disclosure relates to a matter within the scope of the public body’s <br />1(b). <br />authority. <br />The disclosure is necessary to conduct the business or agenda item <br />before the public body. <br />Minn. Stat. § 13D.05, subd. <br />Data that is discussed at an open meeting retains its original classification <br />1(c). <br />under the MGDPA. However, a record of the meeting is public, regardless <br />of the form. It is suggested that not-public data that is discussed at an open <br />meeting not be specificallydetailed in the minutes. <br />2.Interviews <br />Channel 10, Inc. v. Indep. <br />The Minnesota Supreme Court has ruled that a school board must <br />Sch. Dist. No. 709,215 <br />interview prospective employees for administrative positions in open <br />N.W.2d 814 (Minn. 1974). <br />sessions.The court reasoned that the absence of a statutory exception <br />indicated that the Legislature intended such sessions to be open. <br />As a result, a cityAs a result, a citycouncilshould conduct any interviews of prospective should conduct any interviews of prospective should conduct any interviews of prospective <br />officers and employees at an open meeting if a quorum or more of the officers and employees at an open meeting if a quorum or more of the <br />council will be present. <br />Mankato Free Press v. City of <br />The Minnesota Court of Appeals considered a situation where individual <br />North Mankato,563 N.W.2d <br />council members conducted separate, serial interviews of candidates for a <br />291 (Minn. Ct. App. 1997). <br />city position in one-on-one closed interviews. <br />The district court found that no “meeting” of the council had occurred <br />because there was never a quorum of the council present during the <br />interviews. <br />However, the court of appeals sent the case back to the district court for a <br />determination of whether the council members had conducted the <br />interview process in a serial fashion to avoid the requirements of the open <br />meeting law. <br />Mankato Free Press v. City of <br />On remand, the district court found that the individual interviews were not <br />North Mankato, No. C9-98- <br />done to avoid the requirementsof the open meeting law. This decision <br />677 (Minn. Ct. App. Dec. 15, <br />1998)(unpublished decision). <br />was also appealed, and the court of appeals affirmed the district court’s <br />decision. Cities that want to use this type of interview process should first <br />consult their city attorney. <br />3.Informational meetings and committees <br />St. Cloud Newspapers, Inc. v. <br />The Minnesota Supreme Court has held that informational seminars about <br />Dist. 742 Community Schools, <br />school-board business, which the entire board attends, must be noticed <br />332 N.W.2d 1 (Minn. 1983). <br />and open to the public. <br />League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 <br />Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 20 <br /> <br />
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