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alm <br />Im <br />6 Serial gElhading-T-s <br />The Minnesota Supreine. Court has noted -LJiat meetings of less than a quonan of the public body held <br />serially to a-void public hearings or to fashion agreement on an issue may violate the. open m.eeting la-vv. <br />In short, this type of situation is a circuniventiou f the statute. As such, council members should avoid <br />this type of practice. <br />A1997 Minnesota Couft of Appeals' decision also indicates that serial inectings could N.,iolate the open <br />meet' .ng law. In. this decision, the court looked at a situation where the members of a city council <br />conducted <br />div'du w <br />al intei-vies of candidate u <br />s for a city position in separate roolins. Althogh the Clistrict court <br />Lui <br />found that no mectings had occurred because there was never a quorum of the council present. the <br />court of appeals remanded the decision back to the district court for a detenidnation of wliether the <br />council members had used this lnterviCw process for the purpose of avoiding the open niecting jaw <br />requiriem.ents,. <br />On remand, the distiiet court found that t1he Private iinten7iews were not conducted for the purpose, of <br />av,oilding, tho open-meeding -la w requiren�ents. This de,cis,ion was also appealed, and the court of appeals, <br />in a 1998 unpublished decision. agreed. A city that wants, to hold private interviews w itb applicants for <br />ID <br />city lernploym.ent should first consult with its city attorney, <br />7. Training, sessions, <br />The attorney general has, advised that a city, council7s, participation in a non-pubhe training program <br />devoted to developing skills is n.ot covered by the open meeting, law. However, the opinion also stated <br />that if there wiere to be any discussions of city business by the attending members, either outside or <br />I <br />duling the training session, it could be seen as a violation of the Open meeting law. <br />Z:� Z-7 <br />In addition, erial discussions bebAreen less than a quorum of'the council that are used to deliberate <br />matters, that should be dealt with at an open meeting would likely, violate the open meeting law. <br />Therefore) city councils and other groups to 'Which the open meeting law applies should not use letters, <br />telephone conversations, e-mail, and other such tecbnoloicry if the following circumstances exist'. <br />9 A quor-urn of the council is involved. <br />9 Infon-nation. relating to official city business is being discussed. <br />A public body may pay any costs, disbursements or attorney fees ineurTed by or a carded against any of its <br />members. for an action under the open meeting law. <br />A Good Start to Good Gove ance League of Minnesota Cities <br />