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RELEVANT LINKS: DPO 17-005(advising The Minnesota Supreme Court has iThe Minnesota Supreme Court has ipndicated that communication through ndicated that communication through communication through a letters and telephone calls could letters and telephone calls could violate the oviolate the open meeting law under pen meeting law under letter violated the open meeting law). certain circumstances. Best practice to share information with the entire certain circumstances. Best practice to share information with the entire p council is to send it to city staff acouncil is to send it to cityy staff and havnd havethem distribute it. If a council ethem distribute it. If a council member needs to email the entire cmember needs to email the entire council, they should use blind carbonouncil, they should use blind carbon ,y copy (BCC) to add recipients to avoicopypy()ppy (BCC) to add recipients to avoid accidental use of red accidental use of reply all which ply all which may constitute the initiation of a discmay constitute the initiation of a diyscussion among a quorum of the publicussion among a quorum of the public body.body. DPO09-020.DPO14-015. The commissioner of the Department ofThe commissioner of the Deppartment of Administra Administration has advised that tion has advised that back-and-forth email communicatiback-and-forth email communications ons among a quorum of a public body among a quorum of a public body gqp that was subject to the open meeting law in which the members that was subject to the open meeting law in which the members commented on and provided direction acommented on and provided direction about official businbout official business violated the ess violated the open meeting law.open meeting law. However, the commissioner also adviHowever,, the commissioner also advised that Ðonsed that Ðone-way communication e-way communication y between the chair and members of a between the chair and members of a public body is permissible, such as pyp,public body is permissible, such as when the chair or staff sends meeting materials via email to all board when the chair or staff sends meeting materials via email to all board g members, as long as no discussion or decision-making ensues.Ñmembers, as long as no discussion or decision-making ensues.Ñ OÓKeefe v. Carter, No. A12- In contrast, an unpublished decision by the Minnesota Court of Appeals 0811 (Minn. Ct. App. Dec. concluded that email communications are not subject to the open meeting 31, 2012) (unpublished decision). law because they are written communications and are not a ÐmeetingÑ for purposes of the open meeting law. The decision also noted that even if email communications are subject to the open meeting law, the substance of the emails in question did not contain the type of discussion that would be required for a prohibited ÐmeetingÑ to have occurred. The courtof appealsnoted that the substance of the email messages was not important and controversial; instead, the email communications discussed a relatively straightforward operational matter.The decision also noted that the town board members did not appear to make any decisions in their email communications. Because this decision is unpublished, it is not binding precedent on other courts. In addition, the outcome of this decision might have been different if the email communications had related to something other than operational matters, for example, if the board members were attempting to build agreement on a particular issue that was going to be presented to the town board at a future meeting. Minn. Stat. § 13D.065. The open meeting law was amended in The open meeting law was amended in pgp2014 to provide that Ðthe use of 2014 to provide that Ðthe use of social media by members of a pubsocial media byypyp members of a public bodlic body does not violate the open y does not violate the open meeting law as long as the social memeeting law as long as the social megggdia use is limited to exchanges with dia use is limited to exchanges with all members of the general public.Ñ Emall members of the general public.Ñ Email is nogpail is not considered a type of t considered a type of social media under the new law.social media under the new law. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 24