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RISK MANAGEMENT INFORMATION E-mail correspondence can be an unintentional conduit for city officials to violate the Minnesota Open Meeting Law., This memo outlines some ploints elected officlats and members of city comm-Ittees and boards sihould be aware of to avoildinadvertently violating the Open Meeting, La The Op Meeting Law Under the Mimesota Open Meeting Law, Minn, StaL 13D, meetius of at least a quorum of the city council or one o its committees to discuss city business must be publiGized and open to the public,, subject to a few exceptions,. A prirnary purpose of the law is to make sure infomiation and deliberations- about city business are available to the Public. The law appil' tes tol arty, discussion about cty- business, not, just voting or otricial actions, and to any gathering of a quorum of the council or committee. In most cities -a quorum is ffiree or more council, or conarnittee members. It's easy to imagine situations where a quorum might gather — coffee at the local cafd, pre- or post- 4 4W 0 1 mleetIng discussions a weacting reception or com,muni, ty celebration are all conu-non spots for- councilmembers to meet. There are also some not-so-obvious ways a quorum might meet, for $ 4 4 Instance in a serial meeting —, imagme Council Member A talks to Council Member B, B talks to Council Member C,, and. C talks to A. Another is, through written correspondence, or fluough telephone conference calls. Any of these scenarios would create an open meeting concern if the group discussed city business. Violating the open meeting law carries with it penalties, including personal liability i:lity for up to $300 per occurrence and forfeiture of office for officials who intentionally violate the law three t Reasonable coasts and attorney fees can also: be awarded if the court finds specific intent to violate the law. Electronic iclommunicati-ons and the Open Meeting Law I I - The Minnesota Open Meeting Law has a nuns of tr"cky aspects, not the least of re its ftorn 'increasing reliance oin e-mail communication, between council or committee members, E -mail. makes a serial mecting easier by allowing council or committee members to forward messages from i one person to the next, Imagne one I Council Member e-mailing another to suggest the pros and coins of a particular city decision. The recipient forwards the e-mail to another This mate,rial is provided as general Information anid is not a substitute for legal advice, Consult your attorn-ey for advice conicernIng. specific situations. LEAGUE OF MINNESO'TA CITIES 145 UNIVERSITY AVE. WEST PHONE (651) 281-1200 FAx (651) 281-1298 INSUP,,,ANCE TRUST ST. PAUL,, MN 55103-20,44 TOLL FRIE (800). 925-1122 WEB: WWW LMC.0 RG