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RELEVANT LINKS:
<br />The open meeting law does not define the term Ðsocial media,Ñ but this
<br />term is generally understood to mean forms of electronic communication,
<br />including websites for social networking like Facebook, LinkedIn,
<br />Instagram, and Twitter through which users create online communities to
<br />share information, ideas, and other content.
<br />It is important to remember that It is important to remember that the use of social media bthe use of social media by council y council
<br />members could still be used to support members could still be used to support ppother claims such as claims of other claims such as claims of
<br />defamation or of conflicdefamation or of conflict of interest in decision-making. As a result, t of interest in decision-makingg,. As a result,
<br />council members should macouncil members should make sure that anke sure that any comments they make on yy comments theyy make on
<br />social media are factuallsocial media are factually correct and should not comment on issues that yy correct and should not comment on issues that
<br />will come before the council in the future for a quasi-judicial hearing and will come before the council in the future for a qquasi--judicial hearing and jg
<br />decision, such as the consideration of decision, such as the consideration of ,whether to grant an application for a whether to grant an application for a
<br />conditional use permit.conditional use permit.
<br />See II-H-5-Serial meetings.
<br />It is also important to remember that It is also impportant to remember that serial discussions between less than a serial discussions between less than a
<br />quorum of the council could violate qquorum of the council could violate the open meeting lawthe open meeting lawunder certain under certain
<br />circumstances.circumstances.
<br />As a result, city councils and As a result, city councils and other other public bodies should take a public bodies should take a
<br />conservative approach and should not conservative appppproach and should not use teleuse telephone calls, email, or other phone calls, email, or other ,,
<br />technology to communicate back and fotechnologygyto communicate back and forth with other members of the rth with other members of the
<br />public body if both of the following circumstances exist:public body if both of the following circumstances exist:
<br />A quorum of the council or publicA quorum of the councqil or public body will be body will be contacted regarding contacted regarding
<br />the same matter.the same matter.
<br />Officialbusiness is being discussed.Officialbusiness is being discussed.
<br />Minn. Stat. § 13.02, subd. 7.
<br />Another thing council members should Another thingg council members should be cabe careful about is which email reful about is which email
<br />account they use to receive emails reaccount they use to receive emails reygylating to city business because such lating to city business because such
<br />emails likely would be considered goveemails likely would be considered government data that is subrnment data that is subject to a ject to a
<br />public-records request under the Minneppublic-records request under the MinnesotasotaGovernment Data Practices Government Data Practices
<br />Act (MGDPA).Act (MGDPA).
<br />The best option would be for each cThe best opption would be for each council ouncil member to have an individual member to have an individual
<br />email account that the city provides, aemail account that the city provides, yp,ygand city staff manand city staff manage. However, this ge. However, this
<br />is not always possible for cities is not always possible for cities duedue to budget, size, or logistics. to budget, size, or logistics.
<br />If council members donÓt have a city emIf council members donÓt have a city emy,ail account, there are some things ail account, there are some things
<br />to think about before using a personato think about before using a personagpyl email account for city business. l email account for city business.
<br />First, preferably only the council First, preferably only the council ,pyymember should have access to the member should have access to the
<br />personal email account. Using a shpgpersonal email account. Using a shared acared account with other family count with other familyy
<br />members could lead to incorrect information being communicated from members could lead to incorrect information beingg communicated from
<br />the account, or incoming information the account,,ggy, or incoming information beinbeing inadvertently deleted. Also, g inadvertently deleted. Also,
<br />since city emails are government data, since city emails are government data, yg,yypcity officials may city officials may have to separate have to separate
<br />personal emails from city emails ppersonal emails fffrom city emails when responding to a publicywhen responding to a public-records -records
<br />request under the MGDPA.request under the MGDPA.
<br />League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023
<br />Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 25
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