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08-015 <br />The City Manager responded by providin~ a copy of an email message he had sent to Council <br />members the morning of the February 11 meeting. The email provided additional information <br />from city staff about Agenda item 10, including a suggested penalty of a 30-day suspension of <br />the license and a $1,000 fine. The email was not printed or provided in the packet of materials <br />available to the public in the meeting room during the February 11, 2008, meeting. <br />Issue: <br />Based on Mr. Kysylyczyn's opinion request, the Commissioner agreed to address the following <br />issue: <br />Did the members of the Roseville City Council comply with the requirements of <br />Minnesota Statutes, section 13D.01, subdivision 6 at a meeting held on February <br />11, 2008? <br />Discussion: <br />Before turning to the issue raised by Mr. Kysylyczyn, it is necessary to establish that the Council <br />is subject to the Open Meeting Law (OML), Minnesota Statutes, Chapter 13D. According to <br />Minnesota Statutes, section 13D.01, subdivision 1(b)(4), the governing body of a city is subject <br />to the requirements of the OML. Therefore, the Council is subject to Chapter 13D. <br />There are several purposes for the OML. The Minnesota Supreme Court stated in Prior Lake <br />American v. Mader, 642 N.W.2d 729 (Minn. 2002) that: <br />The Open Meeting Law serves several purposes: <br />(1) "to prohibit actions being taken at a secret meeting where it is impossible for the <br />interested public to become fully informed concerning [public bodies'] decisions or to <br />detect improper influences"; (2) "to assure the public's right to be informed"; and (3) <br />"to afford the public an opportunity to present its views to the [public body]." St. <br />Cloud Newspapers, Inc. v. Dist. 7~2 Cmry. Schs., 332 N.W.2d 1, 4 (Minn. <br />1983)(citations omitted). These purposes are deeply rooted in the fundamental <br />proposition that swell-informed populace is essential to the vitality of our democratic <br />form of government. (footnote omitted) <br />Because the Open Meeting Law was enacted for the public benefit, we construe it in <br />favor of public access. State by Archabal v. County of Hennepin, 505 N.W.2d 294, <br />297 (Minn. 1993); see St. Cloud Newspapers, 332 N.W.2d at 6 (stating that the Open <br />Meeting Law "will be liberally construed in order to protect the public's right to full <br />access to the decisionmaking process of public bodies"). <br />Prior Lake American at 735. With this background and the Court's instruction to construe the <br />law in favor of public access, the next step is to review the issue presented by Mr. Kysylyczyn. <br />The statutory language at issue here is found in Minnesota Statutes, section 13D.01, subdivision <br />6. That subdivision states: <br />2 <br />