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2008_1110_packet
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2008_1110_packet
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Council Member I <br />) along with his or her own cornmentsi and, interpretations. <br />Even if the last Counclil Member to receive the e-mail doesn't reply to either the originator or the <br />Council Member who, forwarded the message, the thrice members have. still discussed city business <br />1de. a publ'c forum. A violat' <br />outsi ion could be. found where serial e-mailing is used to reach a <br />decision. <br />M'any cities are moving toward electronic meeting. packets for councils and committees, often sent <br />via e-matl attachments., This sort of one,-way distribution of infomiation. is fine in ter-n-is of the <br />Minnesota Open Meeting Law, remembering III materials relatin g- to the agenda itcms of a <br />meeting distributed to members must also be made available to the public as well. <br />City officials should start to get concemed, though, when one • more Council Members use the <br />9,4reply to all"" feature in e-mail to respond to the content of the meeting materials, or otherwise <br />begin a discussion by e--mail about the packet, This canbegin to look a lot like non-public <br />i1scussion of city business. 0 <br />Suggesti,ons <br />One suggiestion is that Council Members: never communicate, to one- anothcr using e-mail-, but <br />instead treat e-Mail only as a way to receive information from the city clerk or administrator. If a <br />-mail with the rest of the group, he or she might <br />Council Member leas info rma n tio to share via e <br />send it to the clerk and ask, for it to be distributed from the clerk to everyone else by e-mail or in <br />paper form). <br />Using the clerk as the clearinghouse for information distribution is probably a safer alternative <br />than baving Council Members communicate directly, although it doesn't completely eliminate <br />conciems about violating the open meeting law. Even this clearinghouse concept could provide <br />opportunity for three, or more Council Members to exchange opinions about city business, so it's <br />important that the city clerk be aware of and watch, for possible 'Issues. Finally, this model would <br />still present problernsin Standard Plan cities, where the clerk is also a member of the council, <br />i <br />If Council Members are engaged in direct e -mail disicusslOns, it's probably best to. 11mit. it to only <br />'two Members, A "no, forwarding and no copying":' rule migh.t be a good way to make, sure. the <br />Minnesota Iopilen Meeting Law isn't unintentionally violated through e-mail conversation. <br />any <br />Finally, be careful when Council Members participate in a listsery or chatroorn soft of forum, <br />i, <br />Because these distribution lists may include a quorum, of your council, one Council Member's <br />comments on, thelistsery will be viewed by other memberis,, If the topic has to do with city <br />business. and another Council Member replies to the lists,erv, it could prove problematic under the <br />Minnesota Open Meeting. Law. <br />Again, the city might consider a "no reply" sort of rul,e whem �it comes to these resources, or <br />ii <br />perhap�s have Council Members send ideas for postings or responses to the city clerk- or <br />W <br />administrator to manage. Remember, too, that official city cornmIttee s- are subject to the same <br />i <br />open mecting requirements and. should be similarly educated, about correct e-mail use. <br />
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