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June 19, 2013 <br />Item 4 <br />Approve Portion of April 17 Draft Minutes <br />April 17, 2013 Minutes – lines 192-221 <br />Chair Grefenberg's suggested changes <br />PRESENTATIONS: OPEN MEETING LAW, DATA PRACTICES AND ELECTRONIC <br />COMMUNICATIONS <br />Presentation by City Attorney Mark Gaughan: Mark Gaughan, representing the law firm <br />which serves as the City's Attorney, explained he was present this evening to discuss with the <br />Commission the open meeting law, data practices and City Council policies regarding electronic <br />communications. <br />City Attorney Gaughan indicated that the State's Open Meeting Law seemed to be the most <br />relevant to the Commission as follows: its meetings must be open to the public and the public <br />properly notified regarding time, place, and what the meeting was about. <br />In respect to the HRC, the definition of a meeting is whenever there is a quorum of the <br />Commission present discussing, debating, or deciding official business. Gaughan added that <br />meetings can occur during e-mail communications with a quorum of Commissioners, and his <br />advice to the HRC members to avoid sending emails discussing HRC official business to one <br />another, especially e-mails with a"reply all" option. <br />In response to a question from Chair Grefenberg Gaughan defined official business as anything <br />that required a collective decision of the Commission. Commissioner Thao asked if an e-mail <br />regarding meeting time or location could be considered "official business". Attorney Gaughan <br />replied that the best practice was to run e-mails through staf£ Later on he added that HRC <br />committees—as long as said Committee did not constitute a quorum--could prepare <br />recommendations for the full Commission's action. <br />City Attorney Gaughan understood that emails were an efficient form of communication, but the <br />open meeting law �should be carefully followed or the HRC members risk receiving a$300 <br />fine for intentional violations <br />What was the real difference between an e-mail transmitted by staff and one transmitted by a <br />commissioner. Commissioner Becker asked. Gaughan acknowledged that every situation was <br />different, but he was providing the safest general advice. <br />Chair Grefenberg asked if all meeting notices had to have an agenda, referring to an issue raised <br />at a recent League of Minnesota Human Rights Commissions meeting. City Attorney Gaughan <br />stated that it would be appropriate to have an agenda that list out the items for discussion. <br />