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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 bodyand could also arise where there has been a delegation of power from the governing bodyto 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). DPO16-005. participating in the discussion. For example, when a quorum of a city council attended a meeting of the cityÓs planning commission, the Minnesota Court of Appeals ruled that there was a violation of the open meeting lawnot because the council members simply attended the meetingbut 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 acity council meeting. 4.Social gatherings4.Social gatherings St. Cloud Newspapers, Inc. v. Social gatherings of city council Social gggyatherings of city council members will notmembers will not be considered a be considered a Dist. 742 Community Schools, meeting subject to the requirements of meeting subject to the requirements of gjqpgthe open meeting law if there is not 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 isa quorum present, or, if a quorum isqp,,qp,q present, if the quorum does not present, if the quorum does not No. 281,336 N.W.2d 510 discuss, decide, or receive informadiscuss, decide, or receive information on otion on official city business. The fficial city business. (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 meetings5.Serialmeetings Moberg v. Indep. Sch. Dist. The Minnesota Supreme Court has notedThe Minnesota Suppgreme Court has noted that meetin that meetings of less than a gs of less than a No. 281,336 N.W.2d 510 quorum of a public body held serially qpyypgquorum of a public body held serially to avoid a to avoid a public meeting or to public meeting or to (Minn. 1983).DPO 10-011. DPO 06-017. fashion agreement on an issue of fashion agreement on an issue of publicgpublic business may violate the open business may violate the open meeting law.meeting law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 22