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2008_1110_packet
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2008_1110_packet
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Information, Policy Analysis Division Web Site <br />found that because less than a quorum of the Lake Elmo City Council was <br />invoilved in the meetings and because the two-member delegation from <br />(Lake Elmo did not have the power to bind the City,, the OML did not apply. <br />Sovereign at 67. Again., the findings in Sovereign are not directly applicable <br />to the Board in this case, <br />Much as in the Minnesota Daily case cited above, the Sovereign case <br />involves a committee acting on an ad hoc basis—not as a standing <br />committee such as those under consideration here, The finding in Sovereign <br />with respect to the quorum Issue its not applicable here. - a quorum of the <br />standing committee is needed to transact the business of the committee. <br />This case is more like that of St. Cloud Newspapers., Inc, v. District 742 <br />Community Schools, 332 N.W.2d 1 (,Minn. 1983). There, the Court found <br />that a meeting of the school board for the St. Cloud area school district to <br />discuss long-range planning was a meeting for which notice had to be <br />given,, in compliance with the oML. while the St. Cloud case is different <br />from this one in. that all members of the St. Cloud school board participated <br />in the rneetling,, it is, similar to this case in that the standing committees of' <br />the Board receive Information that may influence later decisions of both the <br />committee and the Board. The Court in St., Cloud held that when this type <br />of Information Is to be received, the OVIL applies. St. Cloud at 6, <br />In the case before the Commissioner, the standing committees are <br />transacting the business of the Hospital District and its Board. By the <br />express terms of the ]NIL, the standing committees must comply its <br />requirements. The OML was enacted for the public benefit, and is liberally <br />construed in favor of openness. .St. Cloud at 4-5,, Sovereign at 664, <br />,Minnesota Daily at 191. Therefore., the meetings of the standing committees <br />must, be open. to the public unleiss, there is an express statutory provision <br />that authorizes or requires that the meeting,, or a portion of a meeting, be <br />closed . <br />41 <br />#Pin'ibn <br />IM <br />w,ased on the. facts and Information provided, my opinion on the issue that <br />6 <br />Ms. Workman raised is as followisil, <br />The committees of the Cannon Falls Community <br />Hospital Board are not in compliance with <br />Minnesota Statutes, Chapter 13D,, when they <br />meet In closed session. <br />BadgeroZ <br />Commissioner I <br />Dated.* April 18, 2005 <br />http://www.ip�ad.state.mn.us/opinions/2005/05014.h,tml 3/31/2007 <br />
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