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

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RELEVANT LINKS: G.Open meeting law exceptions Minn. Stat. § 13D.01, subd. 3. There are seven exceptions to the open meeting law that authorize the closure of meetings to the public. Under these exceptions some meetings Minn. Stat. § 13D.05, subd. 1 (d). may be closed, and some meetings must be closed. Before a meeting is See Closing a Meeting from closed under any of the exceptions, the council must state on the record DPO. See LMC MemberLearn the specific grounds permitting the meeting to be closed and describe the course, How to Close a subject to be discussed. Meeting, for more information DPO 14-005. The commissioner of the Minnesota Department of Administration has DPO 13-012. advised that a member of the public body (and not its attorney) must make DPO 14-014. the statement on the record. The open meeting law does not define the phrase “on the record,” but the commissioner has advised that the phrase should be interpreted to mean a verbal statement in open session. Free Press v. County of Blue The commissioner has also advised that citing the specific statutory Earth, 677 N.W.2d 471 authority that permits the closed meeting is the simplest way to satisfy the (Minn. Ct. App. 2004). requirement for stating the specific grounds permitting the meeting to be closed. Free Press v. County of Blue Both the commissioner and the Minnesota Court of Appeals have Earth, 677 N.W.2d 471 concluded that something more specific than a general statement is needed (Minn. Ct. App. 2004) (holding that a county’s to satisfy the requirement of providing a description of the subject to be statement that it was closing a discussed. meeting under the attorney- client privilege to discuss “pending litigation” did not satisfy the requirement of describing the subject to be discussed at a closed meeting). All closed meetings, except those closed as permitted by the attorney- Minn. Stat. § 13D.05, subd. 1 client privilege, must be electronically recorded at the expense of the (d). public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Minn. Stat. § 13D.04, subd. 5. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting, the notice requirements for a special meeting apply. 1. Meetings that may be closed The public body may choose to close certain meetings. The following types of meetings may be closed: League of Minnesota Cities Handbook for Minnesota Cities 7/11/2023 Meetings, Motions, Resolutions, and Ordinances Chapter 7 | Page 14