2024-04-03 P & R Packet - Laserfiche WebLink

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RELEVANT LINKS: Before closing the meeting, the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. The meeting must be electronically recorded, and the recording must be preserved for at least three years after the meeting. DPO 14-007, DPO 15-002, At the next open meeting, the public body must summarize its and DPO 16-002 (discussing conclusions regarding the evaluation. The council should be careful what type of summary is sufficient). not to release private or confidential data in its summary. c. Attorney-client privilege Minn. Stat. § 13D.05, subd. Meetings between the governing body and its attorney to discuss active, 3(b). threatened, or pending litigation may be closed when the balancing of the Brainerd Daily Dispatch, purposes served by the attorney-client privilege against those served by LLC v. Dehen, 693 N.W.2d 435 (Minn. Ct. App. 2005). the open meeting law dictates the need for absolute confidentiality. The Prior Lake American v. need for absolute confidentiality should relate to litigation strategy, and Mader, 642 N.W.2d 729 (Minn. 2002). DPO 16-003. will usually arise only after a substantive decision on the underlying DPO 17-003. matter has been made. Northwest Publications, Inc. This privilege may not be abused to suppress public observations of the v. City of St. Paul, 435 decision-making process, and does not include situations where the N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & council will be receiving general legal opinions and advice on the Tribune v. Housing and strengths and weaknesses of a proposed action that may give rise to future Redevelopment Authority in and for the City of litigation. Minneapolis, 251 N.W.2d 620 (Minn. 1976). Minn. Stat. § 13D.01, subd. 3. The following procedure must be used to close a meeting under this exception: See Free Press v. County of Before closing the meeting, the council must state on the record the Blue Earth, 677 N.W.2d 471 specific grounds permitting the meeting to be closed and describe the (Minn. Ct. App. 2004) (holding that a general subject to be discussed. statement that a meeting was being closed under the The council should also describe how a balancing of the purposes of attorney-client privilege to the attorney-client privilege against the purposes of the open meeting discuss “pending litigation” did not satisfy the law demonstrates the need for absolute confidentiality. requirement of describing the The council must actually communicate with its attorney at the subject to be discussed). meeting. d. Purchase or sale of property A public body may close a meeting to: Minn. Stat. § 13D.05, subd. Determine the asking price for real or personal property to be sold by 3(c). the public body. League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 16