2024-02-28 CC Packet - Laserfiche WebLink

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RELEVANT LINKS: As a result, it appears that any scheduled gatherings of a quorum or more As a result, it appears that any scheduled gatherings of a quorum or more As a result, it appears that any scheduled gatherings of a quorum or more of a city council must be properly noticed and open to the public, of a city council must be properly noticed and open to the public, of a city council must be properly noticed and open to the public, regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at regardless of whether the council takes or contemplates taking action at that gathering. This includes meetings andthat gathering. This includes meetings andthat gathering. This includes meetings andwork sessions where members work sessions where members receive information that may influence later decisions. receive information that may influence later decisions. Many city councils create committees to make recommendations regarding a specific issue. Commonly, such a committee will be responsible for researching the issue and submitting a recommendation to the council for its approval. These committees are usually advisory, and the council is still responsible for making the final decision. This type of committee may be subject to DPO08-007. DPO13-015. the open meeting law. Some factors that may be relevant in deciding whether a committee is subject to the open meeting law include: how the committee was created and who its members are; whether the committee is performing an ongoing function, or instead, is performing a one-time function; and what duties and powers have been granted to the committee. DPO05-014. For example, the commissioner of the Minnesota Department of Administration has advised that “standing” committees of a city hospital board that were responsible for management liaison, collection of information, and formulation of issues and recommendations for the board were subject to the open meeting law. The advisory opinion noted that the standing committees were performing tasks that relate to the ongoing operation of the hospital district and were not performing a one-time or “ad hoc” function. DPO07-025. In contrast, the commissioner has advised that a city’s Free Speech Working Group,consisting of citizens andcity officials appointed by the city to meet to develop and review strategies for addressing free-speech concerns relating to a political convention,was not subject to the open meeting law. The advisory opinion noted that the group did not have decision-making authority. A.G. Op. 63a-5 (Aug. 28, It is common for city councils to appoint individual council members to 1996). act as liaisons between the council and particular council committees or Sovereign v. Dunn,498 N.W.2d 62 (Minn. Ct. App. other government entities. The Minnesota Court of Appeals considered a 1993). situation where the mayor and one other member of a city council DPO07-025. attended a series of mediation sessions regarding an annexation dispute that were not open to the public. The Court of Appeals held that the open meeting law did not apply to these meetings concluding “that a gathering of public officials is not a ‘committee, subcommittee, board, department or commission’subject to the open meeting law unless the group is capable of exercising decision- making powers of the governing body.” League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 21