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2008_0107_packet
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2008_0107_packet
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of Nfiiuni�,soia Supreme Cot-,ft has I-leld, however, that the govennilig body of a municipal power acrency, <br />c,rcated under Mimi. Stat. §§ 453,51-453,62 is not subject to the open meethicr law becauso- the Minnesota <br />Legislatin-c orranted th%-..sc agencics authority "M conduct their affairs as private coil)orations. <br />? <br />M What Is a meevng - <br />There is no statutory definition of the term "meeting" for the purpose of the open meetinor law, Minnesota <br />%D <br />courts have crene rally r k,,d that a meeting is a gathering of a quorum of -public of to discuss, decide or <br />receive information on mailers over Miich they have, authority. <br />Because the tewn--n "meeti n cy" has not been clearly defined, the issue of whether or 11 ot a me ctin g has been <br />It7 <br />held must be decided on a case-by-case basis. Some eX.Min-ples of cases are discusse'A in fui-ther detail in a <br />later section of this memo. <br />11=r <br />M Gathem"ngs to vYvh:E'ch this �avi appHas <br />:The open meetinor law applies to any gathering of a quorurn or un-ore of public officials wh-ere the members <br />decide or rec(-,ive infonnation as a o7rou-p on issues relating to the of-Ecial business of the public <br />discuss, I'D <br />body. <br />.k 4� quoram" is a majoilt-y of the members of a statutory city council. A majority of the qualified members <br />of any board or coin-mission also constitutes a qLIOI-UM. Home rule charter citws may have different quoram <br />I <br />nz,3.qui-rements in their charters. <br />Thus, the open meeting law would apply to any of the -following types of gatherings: <br />a Regular and special meetings. <br />a Public hearings. <br />e Executive sessions. <br />orlI" gn En s ; rl" r <br />Retreats. <br />M Exceptions and the procedures to use them <br />There are some exceptions to the open meetincr 1a v: Under- certain circurnstances, some meetings may be <br />closed. There are also some ineetings that must be closed. Before a meeting can be closed under any of the <br />exceptions, the council must state on the record the specific grounds permitting the ineeting to be closed and <br />describe the subject to be discussed. <br />Meetings that may be closed <br />The public body may eboose to close ecrtain meetings. The follm&ring types of meetings may be closed: <br />a Meetings to consider strategriesfor lab err negr obit ions under PELRA. Although a meeting to <br />consider strategies for labor negotiations may be closed, the actual negotiations must be done at an <br />open meeting if a quorum of the council is present. <br />Procedure. The following must be done to use this exception: <br />Before closing the meeting, the council must decide to close the meeting by a majority vote at a <br />public mcetiiig. <br />Before closing the meeting the council must state on the record the specific grounds permitting <br />the meeting to be closed and describe the subject to be discussed. <br />A written roll of all people present at the closed meeting must be available to the public after the <br />closed meetilior <br />&I <br />The meeting must be taped. <br />t) <br />The tape must be kept for two years after the contract is signed. <br />The tape becomes public after all labor agreements are signed by the city council for the current <br />budget period. <br />If an action claiinmig that other public business eras transacted at the closed meeting is brought during <br />the time the tape is not public, the court will review the recording privately, If it finds no violation of the <br />open meeting IaNv, the action will be dismissed and the recording will be preserved in court records until <br />it be col -res avallablc to the PtIblic. If the court deteim2ines there may have been a violation, the entirr, <br />recording may be introduced at the trial. However, the court may issue appropriate roteclivc :orders <br />I.; P <br />requested by either party, <br />A Good Start to Good Governance :LeadUe O U <br />cif Cities <br />b <br />
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