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

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RELEVANT LINKS: Second, if the account a city council member wants to use for city business is tied to a private employer, that private employer may have a policy that restricts this kind of use. Even if a private employer allows this type of use, it is important to be aware that in the event of a public-records request under the MGDPA or a discovery request in litigation, the private employer may be compelled to have a search done of a council member’s email communications on the private employer’s equipment or to restore files from a backup or archive. See Handbook,Records What may work best is to use a free, thirdWhat may work best is to use a free, thirdWhat may work best is to use a free, third--party email service, such as party email service, such as party email service, such as Management,for more Gmail or Hotmail, for your city account and to avoid using that email Gmail or Hotmail, for your city account and to avoid using that email Gmail or Hotmail, for your city account and to avoid using that email information about records management. account for any personal email or for anything that may constitute an account for any personal email or for anything that may constitute an account for any personal email or for anything that may constitute an official record of city business since such official record of city business since such official record of city business since such records must be retained in records must be retained in accordance with the state recordsaccordance with the state records--retention requirements.retention requirements. I.Advisory opinions 1.Department of Administration Minn. Stat. § 13.072, subd. 1 The commissioner of the Minnesota Department of Administration has (b).See Minnesota authority to issue non-binding advisory opinions on certain issues related Department of Administration, Data to the open meeting law. The Data Practices Office (DPO) handles these Practicesfor an index of requests. advisory opinions. See Requesting an Open A public body, subject to the open meeting law, can request an advisory Meeting Law Advisory opinion. A person who disagrees with the way members of a governing Opinion. body perform their duties under the open meeting law can also request an advisory opinion. 2.Attorney General Minn. Stat. § 8.07. The Minnesota Attorney General is authorized to issue written advisory See index of Attorney opinions to city attorneys on “questions of public importance.” The General Advisory Opinions from 1993 to present. Attorney General has issued several advisory opinions on the open meeting law. J.Penalties Minn. Stat. § 13D.06, subd. 1. Any person who intentionally violates the open meeting law is subject to Any person who intentionally violates the open meeting law is subject to Any person who intentionally violates the open meeting law is subject to personal liability in the form of a civil penalty of up to $300 for a single personal liability in the form of a civil penalty of up to $300 for a single personal liability in the form of a civil penalty of up to $300 for a single Claude v. Collins,518 N.W.2d 836 (Minn. 1994). occurrence. The public body may not pay the penalty. A court may occurrence. The public body may not pay the penalty. A court may occurrence. The public body may not pay the penalty. A court may consider a council member’s time and expeconsider a council member’s time and expeconsider a council member’s time and experience in office to determine rience in office to determine the amount of the civil penalty.the amount of the civil penalty. League ofMinnesota Cities Handbook for Minnesota Cities7/11/2023 Meetings, Motions, Resolutions, and OrdinancesChapter7| Page 26