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RELEVANT LINKS:
<br />The open meeting law does not define the term “social media,” 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 the use of social media by council It is important to remember that the use of social media by council It is important to remember that the use of social
<br /> media by council
<br />members could still be used to support other claims such as claims of members could still be used to support other claims such as claims of members could still be used to support other
<br /> claims such as claims of
<br />defamation or of conflict of interest in decisiondefamation or of conflict of interest in decision--making. As a result, making. As a result, making. As a result,
<br />council members should make sure that any commecouncil members should make sure that any commecouncil members should make sure that any comments they make on nts they make on nts they
<br /> make on
<br />social media are factually correct and should not comment on issues that social media are factually correct and should not comment on issues that social media are factually correct and
<br /> should not comment on issues that
<br />will come before the council in the future for a quasiwill come before the council in the future for a quasiwill come before the council in the future for a quasi----judicial hearing
<br /> and judicial hearing and judicial hearing and
<br />decision, such as the consideration of whether to grant an application for a decision, such as the consideration of whether to grant an application for a decision, such as the consideration
<br /> of whether to grant an application for a
<br />conditional uconditional use permit.se permit.
<br />See II-H-5-Serial meetings.
<br />It is also important to remember that It is also important to remember that It is also important to remember that serial discussions between less than a serial discussions between less
<br /> than a
<br />quorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawquorum of the council could violate the open meeting lawunder certain
<br /> under certain
<br />circumstancescircumstances..
<br />As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should take a As a result, city councils and other public bodies should
<br /> take a
<br />conservative approach and should not use telephone callconservative approach and should not use telephone callconservative approach and should not use telephone calls, email, or other
<br /> s, email, or other s, email, or other
<br />technology technology technology to communicate back and forth with other members of the to communicate back and forth 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 public body will be A quorum of the council or public body will be A quorum of the council or public body will be contacted regarding contacted regarding
<br />
<br />the same matter.the same matter.
<br />OfficialOfficialbusiness is being discussed.business is being discussed.
<br />Minn. Stat. § 13.02, subd. 7.
<br />Another thing council members should be careful about is which email Another thing council members should be careful about is which email Another thing council members should be careful
<br /> about is which email
<br />account they use to receive emails relating to city business because such account they use to receive emails relating to city business because such account they use to receive emails
<br /> relating to city business because such
<br />emails likely would be considered government data that is subject to a emails likely would be considered government data that is subject to a emails likely would be considered government
<br /> data that is subject to a
<br />publicpublicpublic--records request under the Minnesotarecords request under the Minnesotarecords request under the MinnesotaGovernment Data Practices Government Data Practices
<br />Act (MGDPA).Act (MGDPA).
<br />The best option would be for each council member to have an individual The best option would be for each council member to have an individual The best option would be for each council
<br /> member to have an individual
<br />email account that the city provides, and city staff manage. However, this email account that the city provides, and city staff manage. However, this email account that the city provides,
<br /> and city staff manage. However, this
<br />is not always possible for cities due to budget, size, or logistics.is not always possible for cities due to budget, size, or logistics.
<br />If council members don’t have a city email account, there are some things If council members don’t have a city email account, there are some things If council members don’t have a city
<br /> email account, there are some things
<br />to think about before using a personal email account for city business. to think about before using a personal email account for city business. to think about before using a personal
<br /> email account for city business.
<br />First, preferably only the council member should have access to the First, preferably only the council member should have access to the First, preferably only the council member should
<br /> have access to the
<br />personal email account. Using a shared acpersonal email account. Using a shared acpersonal email account. Using a shared account with other family count with other family count with
<br /> other family
<br />members could lead to incorrect information being communicated from members could lead to incorrect information being communicated from members could lead to incorrect information being
<br /> communicated from
<br />the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being inadvertently deleted. Also, the account, or incoming information being
<br /> inadvertently deleted. Also,
<br />since city emails are government data, city officials may have to separate since city emails are government data, city officials may have to separate since city emails are government
<br /> data, city officials may have to separate
<br />personal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails fpersonal emails from city emails when responding to a publicrom city emails when
<br /> responding to a publicrom city emails when 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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