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13D. Meetings Of Public Bodies held under this paragraph during the time when the tape is not available to the public, section 13D.03. subdiyisjQn3., applies. An agreement reached that is based on an offer considered at a closed meeting is contingent on approval of the public body at an open meeting. The actual purchase or sale must be approved at an open meeting after the notice period required by statute or the goveming body's intemal procedures, and the purchase price or sale price is public data. (d) Meetings may be closed to receive security briefings and repmis, to discuss issues related to security systems, to discuss emergency response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure and facilities, if disclosure of the infonnation discussed would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting. Before closing a meeting under this paragraph, the public body, in describing the subject to be discussed, must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. A closed meeting must be tape recorded at the expense of the goveming body, and the recording must be preserved for at least four years. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1999 c 227 s 22; 2002 c 379 art 1 s 5; 2004 c 276 s 1; 2004 c 290 s 18 Page 6 of7 13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDiES. Subdivision 1. Personal liability for $300 fine. Any person who intentionally violates this chapter shall be subject to personal liability in the fonn of a civil penalty in an amount not to exceed $300 for a single occun'ence, which may not be paid by the public body. Subd. 2. Who may bring action; where. An action to enforce the penalty in subdivision 1 may be brought by any person in any court of competent jurisdiction where the administrative office of the goveming body is located. Subd. 3. Forfeit office if three violations. (a) If a person has been found to have intentionally violated this chapter in three or more actions brought under this chapter involving the same goveming body, such person shall forfeit any further right to serve on such goveming body or in any other capacity with such public body for a period oftime equal to the term of office such person was then serving. (b) The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations, issue its order declaring the position vacant and notifY the appointing authority or clerk of the goveming body. (c) As soon as practicable thereafter the appointing authority or the goveming body shall fill the position as in the case of any other vacancy. Subd. 4. Other remedies; requirements; limits. (a) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attomey fees of up to $13,000 to any party in an action under this chapter. (b) The court may award costs and attorney fees to a defendant only if the court finds that the action under this chapter was frivolous and without merit. (c) A public body may pay any costs, disbursements, or attomey fees incurred by or awarded against any of its members in an action under this chapter. (d) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this chapter. History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s http://www.revisor.leg.state.mn.uslbinlgetpub.php?pubtype=ST A T _CHAP &year=2006&section= 13D 04/12/2007