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• If council members are engaged in direct electronic discussions, it's probably best to limit it to <br />only two members. A "no forwarding and no copying" rule might be a good way to make sure the <br />Minnesota Open Meeting Law isn't unintentionally violated through electronic conversation. <br />Finally, be careful when council members participate in a listserv, chatroom, forums and social <br />media. Because these groups may include a quorum of your council, one council member's <br />comments will be viewed by other members. If the topic has to do with city business and other <br />council members reply, it could prove problematic under the Minnesota Open Meeting Law. <br />Again, the city might consider a "no reply" sort of rule when it comes to these resources, or <br />perhaps have council members send ideas for postings or responses to the city clerk or <br />administrator to manage. Remember, too, that official city committees are subject to the same open <br />meeting requirements and should be similarly educated about correct electronic use. <br />Regardless of precautions, there may be times when council members find themselves accused of <br />violating the Minnesota Open Meeting Law, perhaps having unintentionally engaged in one of <br />these sorts of conversations. One way to diffuse some concern is to immediately release copies of <br />all electronic correspondence to anyone who wants to see it. While this doesn't negate the possible <br />violation, it shows good faith and lack of specific intent to violate the law. <br />Draft guidelines for electronic communications between council members <br />Cities might decide to develop policies clarifying appropriate or preferred a-mail and electronic <br />communications use by and between council members. Even if a city doesn't formally adopt a <br />• policy, the guidelines here might be helpful for any elected official or city board member to <br />follow. <br />The purpose of these draft guidelines is to suggest how members of city councils and other city <br />committees might communicate via email and electronic means. A city should review these draft <br />guidelines along with its normal operating procedures, consult with the city attorney and determine <br />the best course of action. <br />Tom Grundhoefer /Greg Van Wormer 09/09 <br />• <br />