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2008-08-26_PWETC_AgendaPacket
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2008-08-26_PWETC_AgendaPacket
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Last modified
3/26/2010 2:41:36 PM
Creation date
3/23/2010 12:21:58 PM
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Commission/Committee
Commission/Authority Name
Public Works Commission
Commission/Committee - Document Type
Agenda/Packet
Commission/Committee - Meeting Date
8/26/2008
Commission/Committee - Meeting Type
Regular
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LEAGUE of CONNECTING & INNOVATING <br />MINNESOTA s>rrc>v ,~~3 <br />~ITII;S <br />RISE( MANAG~IVIENT INFORMATEON <br />ELECTRONIC COMMUNICATIONS <br />BETWEEN COUNCIL MEMBERS <br />E-mail correspondence can be an unintentional conduit for city officials to violate the Minnesota <br />Open. Meeting Law. This memo outlines same points elected officials and merrrhers of city <br />committees and boards should be aware of to avoid inadvertently violating the Open Meeting Law. <br />The Open Meeting Law <br />Under the Minnesota Open Meeting Law, Minn: Stat, § 13D, meetings of at least a quorum of the <br />city council or one of its committees to discuss city business must be publicized and open to the <br />public, subject to a few exceptions. A primary purpose of the law is to make sure information and <br />deliberations about city business are available to the public: <br />The laws applies to any discussion about city business, not just voting or official actions, and to any <br />gathering of a quorum of the council or committee. In most cities a quorum is three or snore <br />council or committee members. <br />It's easy to imagine situations where a quorum might gather -coffee at the local cafe, pre- or post- <br />meeting discussions, a wedding reception or community celebration are aI.l common spots for <br />councilmembers to meet. There are also some not-so-obvious ways a quorum might meet, for <br />instance in a serial meeting -imagine Council Member A talks to Council Member B, B talks to <br />Council Member C, and C talks to A. Another is through written correspondence; ar through. <br />telephone conference cal]s. Any of those scenarios would create an open meeting concern if the <br />group discussed city business. <br />Violating the open meeting law carries with it penalties including personal liability far up to $3D0 <br />per occurrence and forfeituxe of office for officials. who intentionally violate the law three tunes. <br />Reasonable casts and attorney fees can also be awarded if the court finds specific intent to violate <br />the ]aw. <br />Electronic a©mmunications and the Open Meeting Law <br />The Minnesota Open Meeting Law has a number of tricky aspects, not the least of which results <br />from increasing reliance on e-mail communication between council or committee members. <br />E-mail makes a serial meeting easier by allowing council or committee members to forward <br />messages from one person to the next. Imagine one Council Member e-mailing another to suggest <br />the pros and cons of a particular city decision.. The recipient forwards the e-nnail to another <br />This material is provided es general information and is not a suhstitule for legal advice. <br />Consult your attorney for advice concerning specific situations. <br />LEAGUE OF MINNESOTA CITIES 145UNIVERSETYAVE.WEST PHONE•(fiSl)2H3-1200 PAx:(651)281-1z98 <br />INSURANCE T RU 5 T ST. PAUL. MN 55]03-21199 raLZ FEE: {800? 925-3 ] 22 WEB: WWW.LMC.oAG <br />
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