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~~ \ innnsota DEPARTMENT OF ADMINISTRATION Advisory Opinion 08-015 This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2007). It is based on the facts and information available to the Commissioner as described below. All public data the Commissioner relied upon to issue this opinion are available for public inspection and copying at the office of the Information Policy Analysis Division (IPAD), unless the data have been disposed of in compliance with the state Records Management Act. Facts and Procedural History: On May 16, 2008, IPAD received a letter, dated May I5, 2008, from John Kysylyczyn. In his letter, Mr. Kysylyczyn asked the Commissioner to issue an advisory opinion whether the members of the Roseville City Council (Council) had violated the Open Meeting Law, Minnesota Statutes, Chapter 13D, at a meeting held on February 11, 2008. In a letter to Mr. Kysylyczyn dated May 19, 2008, IPAD requested additional information. The additional information was received by IPAD on May 27, 2008. Mr. Kysylyczyn submitted the $200.00 fee required by section 13.072. On May 29, 2008, IPAD wrote to Mr. Craig Klausing, Chairman of the Council. In its letter, IPAD informed Mr. Klausing of Mr. Kysylyczyn's request and gave the members of the Council an opportunity to explain their position. The Council presented its position in a letter from its attorney, Ann R. Goering, dated June 20, 2008. A summary of the facts as presented is as follows. The Council held a regular meeting on February 11, 2008. Agenda item 10 was a public hearing to impose a penalty for violation of laws and ordinances related to the sale of alcoholic beverages. The City of Roseville posts the documents provided to Council members before a meeting on its website. Mr. Kysylyczyn had downloaded the documents for the February l 1, 2008, meeting and compared those documents to the ones available in the meeting room. The materials were identical. One of the items in the packet was a recommendation to revoke the license to sell alcoholic beverages due to the violation of the laws and ordinances by the license holder. During the course of the discussion of Agenda item 10, one Council member commented that the recommended penalty was a 30-day suspension of the license and a $1,000 fine. After reviewing a recording of the meeting at home twice, Mr. Kysylyczyn sent an email to the City Manager asking if there were additional documents provided to Council members but not provided to the public.