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2006_1031_Packet
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2006_1031_Packet
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��c� �linn. 563 NORTH WESTERN REPORTER, 2d SERIES <br />construction appropriate only when statute is <br />ambiguous). The inclusion of the de�iL�oa <br />of finalist is a lcey consideration; it indicates <br />that the triggering event that malces a name <br />public is the sedection of a candidate to be <br />interviewed, not the candidate's acquiescence <br />to the interview. To hoEd otherwise would <br />give the candidate control over when his or <br />her name is made public. The statute does <br />not contemplate such a result. <br />The statute's legislative histoiy supports <br />our decision. The italicized language was <br />added to the statute during the 1981 legisla- <br />tive session. 1981 Minn. Laws ch. 311, § 12. <br />}� originally introduced in the Senate, the <br />amendment did not inelude the definition of <br />"�inalis�." See 1 1981 Minn. Senate Journal <br />966. When the definition was added, it was <br />initially worded so that a"finalist" was "an <br />individual who is interviezced *•*:' Id <br />(emphasis added). Before being passed by <br />the House, the definition was altered so that <br />a"�inalist" was "an individual who is selected <br />to be interviewed '*'." See 2 M�nn. House <br />Journa13404 (emphasisadded). The legisla- <br />ture's addition of the definition of "finalist" <br />as welt as the "selected to be" clause indi- <br />cates an intent that the identities of finalists <br />are to be made public when the appointing <br />authority chooses them for interviews, not <br />when the candidates agree to go forward <br />with the interviews. <br />We recognize that the privacy concerns of <br />applicants for public employment are at <br />stalce, but the statute and its legislative his- <br />tory suggest that the public's right to be <br />informed outweighs an individual's privacy <br />right in this context. We believe that the <br />eaneerns raised by respondents can be ad- <br />dressed if the appointing authority advises <br />candidates before they apply (or early in the <br />�r.SYelir.-, �r�! ti� � L4�rF �e� eeLst[�d t� <br />be inten�lev�ed � _ �I I ��G� �# �4 <br />finalists under the statute and their names <br />may be made public during the selection <br />process. Respondents' failure to disclose the <br />candidates' names violated statutory require- <br />ments. Therefore, we reverge the district <br />court's decision on this issue. <br />IT, <br />[2J Appellant next argues that respon- <br />dents violated the Open Meeting Law by <br />conducting serial one-on-one inLert�iews, '� <br />l�w provides with few exceptions that <br />all meetings, including executive sessions, <br />of "'* the governing body of any •*. <br />city *•* and of any committee, subeom_ <br />mittee, board, department or eo►nrriission� <br />thereof, shall be open to the public "•■ <br />Minn.Stat. � 471.705, subd. 1 (�998). '�},t <br />purpose of the statute is to (1} prohibit seeret <br />meetings that malce it impossible for -h� <br />public to become fully informed. t 21 ass� <br />the public's right to information, and (3)�,� <br />the public an opportunity to espress its <br />views. Claude v. Collins, 515 N.W2d 836, <br />$41 (Minn.1994?. The Open Meeting Law <br />was enacted to benefit the public and must <br />be construed in the public's favor. See id <br />Although the statute does not define <br />"meeting," the supreme court has held that <br />meetings subject to the requirements � the <br />Open Meeting Law are <br />gatherings of a quorum or more members <br />of the governing body, or a quorttm �' a <br />committee, subcommittee, board. depart- <br />ment, or commission thereof, at wlrich <br />members discuss, decide, or receive infar- <br />mation aa a group on issues relating to the <br />official business of that governing baly. <br />MoBerg �. Independent Sch Dist. So. 28i, <br />336 N.W.Zd 510, 515 (Minn.1983). Applying <br />this rule, the district court reasoned that <br />when the city council conducted the one-on- <br />one interviews, there was never a"meeting" <br />of a quorum of the council. The court crnr <br />cluded that the interview process "may bave <br />violated the spirit of the Open Meeting Law. <br />but technically the procedure did not violate <br />the mitten statute." <br />[3� The district court also recognized that <br />determining whether the Open Meeting Law <br />was violated requires more than merely a�r <br />plying the "quorum rule," and cited the cau- <br />tion of the Mobe�g court that <br />serial meetings in groups of less than a <br />quorum for the purposes of avoiding public <br />hearings or fashioning agreement on ai <br />issue may also be found to be a violationof <br />the statute denendin¢ uoon the tljcta of the <br />individual case. <br />
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