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2008_0811_packet
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2008_0811_packet
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RISK MANAGEMENT'IN�F'ORI,MATION <br />ELECTRONIC COMMUNICATIONS <br />BETWEEN COUNCIL MEMBERS <br />E-mail correspondence can. be an unintentional conduit for city officials to violate the Minnesota <br />Open Meeting Law. This memo outlines some points elected officials and members of city <br />4 <br />c�ommittees and boards should be aware of to avoid, inadvertently violating the Open Meeting Law. <br />It 6, <br />10"nder the Minnesota upen Meeting Law, inn, Stat. §13D, meetings of at least a quorum of the- <br />city council or one ofits, committees to discuss city business must be publicized and open to the <br />public, subject to, a, few exceptions, A primary purpose of the law is to make sure information and <br />defiberations about city business are available to the public, <br />V <br />The law applies to any discussion about city business, not just voting or official actions, and to any <br />9 <br />gathering of a quorum of the council or committee. In most cities a quorum is three or more <br />• or * <br />conun <br />counci i,ttee members. <br />,group discussed city business. <br />Violating the open meeting law carries with it penalties including personal liability for up to $304 <br />1W <br />per, occurrence and forfelitu,re of office for officials who 'intentionally violate the law three times. <br />Reasonable costs and, attorney �fees can also be awarded if the court finds specific intent to violate <br />the law. <br />Electronic communications and the Open Meeting Law <br />The Minnesota Open Meeting Law has a number of tricky aspects, not the least of'which results <br />from increasing reliance on e-mail communication between council or committee members. <br />9 <br />E-mail makes, a slerial meeting easier by allowing council or committee members to forward <br />messages from one person to the next. Imagi*ne one Council Member e-mailing another to suggest <br />the, prios and cons of a particular cl*ty decision. The recipient forwards the e-mail to another <br />This Imate,rial is provided as general information and 'is not a substitute for legal advice. <br />Consult your attorney for advice concerning specific situations. <br />LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE. WEST PHONE., (651) 281-1200 F.X. (651) 281-1298 <br />INSURANCE TRUST ST. PAUL MN' 5SI03-2044 TOLL FRIE: (800) 925-1122 WEB: ►WWLMC.0RG <br />
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