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CC_Minutes_2006_1128
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CC_Minutes_2006_1128
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7/17/2007 9:43:12 AM
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12/7/2006 9:23:37 AM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
11/28/2006
Meeting Type
Special
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<br />Minnesota Statutes 179A.01 to SS 179A.25, as cited in the exception, is the Public <br />Employment Labor Relations Act ("PELRA"). PELRA establishes the rules for <br />collective bargaining between Minnesota public employers and representatives of public <br />employees. PELRA does not apply to the contracts of individual employees outside the <br />collective bargaining process. Accordingly, under a plain and ordinary reading of the <br />statute, while the labor negotiations exception would allow the City Council to close a <br />meeting to the public in order to discuss strategy for negotiations with a collective <br />bargaining unit (and also has requirements for taping such meetings, such tapes becoming <br />public at a later date), the exception does not permit the closing of a meeting to discuss <br />negotiation of an individual's contract, nor for the contract negotiation itself. <br /> <br />This issue comes up often in our representation of public entities. As we do with <br />our other public clients, we offer you the following options for your consideration: <br /> <br />1. The full City Council can discuss the terms of the offer it wishes to make to the <br />chosen applicant during an open meeting. After discussion, the City Council can <br />approve an offer to be made to the individual. 1fthe chosen applicant accepts the <br />offer, the negotiations would be at an end. If the chosen applicant makes a <br />counter-offer, the City Council would review and discuss the counter-offer during <br />an open meeting and could choose to either accept, reject, or respond with its own <br />counter-offer. This process would continue until a deal is reached or negotiations <br />fail. <br /> <br />2. The City Council could appoint a committee of two council members to negotiate <br />a contingent agreement with the chosen applicant. In doing so, the City Council <br />would authorize this committee to negotiate the best terms possible with the <br />chosen applicant and to bring the proposed contract back to the full City Council <br />for discussion and potential approval. <br /> <br />The Minnesota Court of Appeals has limited the application of the Open Meeting <br />Law to committees possessing decision-making authority on behalf of the <br />governing body. Minnesota Daily v. University of Minnesota, 432 N.W.2d 189, <br />192-193 (Minn. Ct. App. 1988); Sovereign v. Dunn, 498 N.W.2d 62,67 (Minn. <br />Ct. App. 1993). Conversely, committees that do not possess decision-making <br />authority are not subject to the provisions of the Open Meeting Law. The capacity <br />to act on behalf of the governing body is presumed where members of the <br />committee comprise a quorum of the governing body. Sovereign v. Dunn, 498 <br />N.W.2d 62, 67 (Minn. App. 1993). This presumption could also arise where there <br />has been a delegation of power from the governing body to the committee. Id. at <br />67. Accordingly, when appointing a committee, the City Council should take care <br />to limit the number of Council members on the committee and to clarify that the <br />committee does not have the final authority and power to approve the <br />employment, and the terms thereof, of the prospective city administrator. <br />
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