Laserfiche WebLink
<br />See :Minn. Stat. S <br />471.705, subd. l{b) <br /> <br />Also see 1996 Update for City <br />Attorneys; and Part ill - G- - 8 - <br />. Technology trouble. <br /> <br />Meetings of City Councils <br /> <br />local improvement project where two town board members owned <br />property that would be assessed for the improvement. The court <br />found that it was proper for the two to abstain in this case and that <br />three affirmative votes were sufficient to meet the four-fifths <br />majority vote requirement. <br /> <br />Although councilmembers may be tempted to abstain from voting on a <br />controversial matter, they should remember that the abstention will <br />ultimately tend to pass or defeat the matter. The best advice is to avoid <br />the kinds of problems that can arise from abstentions, and vote unless it's <br />an abstention that is required because a councilmember has a personal <br />interest in the matter. <br /> <br />b. Long-distance voting <br /> <br />Although the open meeting law now permits meetings to be held via <br />interactive television, other types of technology have not yet been <br />addressed. Cities wishing to use other forms of technology shc'.lld contact <br />their city attorneys before proceeding. <br /> <br />i. Voting by proxy <br /> <br />Sometimes, councilmembers who are not able to be at a meeting want to <br />vote on a matter that will be addressed at the meeting. However, there is <br />nothing in the statutes that permits a statutory city councilmember to vote <br />by proxy. Home rule charter cities may find permission in their charters. <br />(-- <br />I I; <br />\ -~ <br /> <br />I <br /> <br />n. <br /> <br />Voting by phone <br /> <br />\ <br />i <br />\ <br />1 <br /> <br />Likewise, there is nothing that would appear to authorize a <br />councilmember to phone in his or her vote or participate in the meeting <br />via conference call, facsimile, or e-mail. This is an example of how <br />technology can sometimes progress faster than the laws. <br /> <br />I <br />I <br />I Even though there is no specific statutory authority for councilmembers to <br />i use these types of technology to participate in meetings, they should not <br />I use these means to discuss or deliberate city business. Although the law <br />I is unclear, it is possible that such a practice could violate the open <br />I meeting law. <br />L <br /> <br />3. Agendas <br /> <br />City clerks generally prepare agendas for the council meetings. These <br />agendas are then given to the councilmembers and other people who <br /> <br />39 <br />