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2009_0413_Packet
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2009_0413_Packet
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The Open Meeting Law provides that all meetings, including executive sessions, <br />of the City Council and "of any committee, subcommittee, board, department or <br />commission" of the Council shall be open to the public. Minn. Stat. � 13D.01, subd. 1. <br />The application of the Open Meeting Law to advisory committees depends upon the role <br />and authority of the committee. <br />In Sovereig;n v. Dunn, the court held that mediation sessions to discuss the <br />possible resolution of a municipal border dispute were not meetings subject to the Open <br />Meeting Law because the city delegation did not constitute a"committee, subcommittee, <br />board, department, or commission." 498 N.W.2d 62 (Minn. App. 1993). In that case, the <br />city's mayor and a city council member attended a series of ineetings on the border <br />questions. The court held that a gathering of public officials was not a"committee, <br />subcommittee, board, department or commission" subject to the Open Meeting Law <br />unless the group was capable of exercising decision-making powers of the governing <br />board. Id., at 67. The court found that the city delegation did not exercise any authority <br />on behalf of the council, was created informally without a vote or resolution on the <br />matter, and no powers were granted to the delegation by statute, ordinance, or other <br />formal action. Id. Although the mediation sessions produced a negotiated agreement, <br />this agreement was presented to the city council in an open meeting with ample <br />opportunity for public involvement. Id. at 67-68. <br />In Minnesota Dailv v. Universitv of Minn., the court had to determine whether the <br />University of Minnesota Presidential Search Advisory Committee ("PSAC")was a <br />committee of the regents. 432 N.W.2d 189, 190 (Minn. App. 1988), review denied <br />(Minn. 1989). PSAC was comprised of faculty, student, and staff inembers, but no <br />regents. The committee's purpose was to provide advice and consultation to the regents <br />on the selection of the president. The committee assumed an active role in screening <br />applicants and narrowing the field to a short list of finalists, but its decisions were subject <br />to review by the regents. The court explained that PSAC was not literally a committee of <br />regents because no regent was a member of PSAC. Id. Thus, the court focused on <br />whether PSAC meetings were, in effect, the deliberations of the regents. Id. The court <br />reasoned that while PSAC had the power to make recommendations and the obligation to <br />report to the regents, it had no power to decide who the next president would be. Id. at <br />193. The court explained that PSAC had no authority to set policy or make the final <br />decision. Id. The court held that the committee's participation in the process of <br />transacting public business, without more, would not bring PSAC within the Open <br />Meeting Law. Id. <br />As in the Minnesota Dailv case, the determination of whether advisory committees <br />are committees of the City Council depends on the functions and authority of the <br />particular committee. If an advisory committee will not have the power to decide on City <br />business, set policy or make the final decision, the committee would not be subject to the <br />Open Meeting Law. If the Open Meeting Law does not apply to the committee, the <br />2 <br />
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