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2008_1110_packet
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2008_1110_packet
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.......... <br />7) <br />issue: <br />Based on Ms. Workman's request for an opinion, the Commissioner will <br />,address the following Issue: <br />Are the comnmiittees, of the Cannon Falls <br />Community Hospital Board In compliance with <br />Minnesota Statutes, Chapter 13D, when they <br />I <br />Minnesota <br />. in closed l session? <br />*, rly,) 4r) <br />Discussion: <br />The parties agree that the Board is subject to the OIVIL. The question before <br />il <br />the Commissioner is whether committees of the Board are subject to the <br />L. <br />Section 13D.01, subdivision 1, states in pertinent part: <br />All meetings,, including executive sessions, must be open to the. public... when <br />required or permitted by law, to transact public business in a meeting... <br />(c) of any <br />(1) committee,, <br />(2) subcommittee, <br />(3) board, <br />(4) department, or <br />(5) commisslon,, <br />of a public body.,.. <br />T'hei express language of thell statute requires open meetings for any type of <br />committee transacting public business. <br />The committees atissue are described as "standing committees," According <br />tilo, the Board, the Hospital District, bylaws require that standing com-mittees <br />be established by Board relsollution. No resolutions were provided to the <br />Commissioner so there is no way to determine If the stan-ding committees <br />h�ave been createdas requilred by the bylaws nor Is there a way to <br />determine what authority h�as been granted to the standing committees by <br />the Board, <br />The Board Indicated that the sltanding committees are responsible for <br />managernent liaison, collection Iof information, and formulation of issues <br />and recommendations for the Board. The Board takes the. position that <br />these act[vitles do not give the, standing committees sufficient authority to <br />re wire that the commit-tees cromply wlith the OML. In support of its position, <br />the Board references two decisions by the Minnesota Court of Appeals. Each <br />4. <br />http I <br />,,-//www.pad. state., mn,. us/opinions/2005/0 5 014. html 3/31/2007 <br />
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