Laserfiche WebLink
Mr. Duane Schwartz <br />December 17, 2004 <br />Page 2 <br />time, place and purpose of such meeting. Than there can be no question as to whether there <br />has been full compliance of the open meeting law. <br />In addition, this section allows either the Board Chairman or three Commissioners to <br />request a special meeting. Because the Board consists of five members, three members would <br />always constitute a quorum of the board. While perhaps overly technical in our interpretation, <br />the communications either between three Commissioners to agree to a special meeting, or by <br />some employee polling the Commissioners to obtain permission for a special meeting, could <br />conceivably give rise to someone making a claim that the open meeting law has been violated <br />through serial communications. We always like to avoid any situation that could give rise to a <br />claim, even though it is not legitimate. The costs of defense and disruptions of operations were <br />someone to chose to bring such a claim tend to make us want to act with prudence. We would <br />suggest that this provision be changed to allow for either the Board Chairman or any two <br />Commissioners to call a special meeting. <br />Finally, in Section IV, subd. 3, we believe the provision regarding dissolution of the <br />organization to be invalid. As it now reads, the two thirds vote of the Board of the Grass Lake <br />Water Management Organization is required for dissolution. However, Minn. Stat. § 103B.21, <br />subd. 1 (8)(c), one of the provisions under which this organization is established under, <br />specifically states that except for a decision on a capital improvement project, "decisions by a <br />Joint Powers Board may not require more than a majority vote." In light of that specific <br />provision of the statute, requiring atwo-thirds vote for dissolution of the organization is, in our <br />opinion, invalid. The provisions should be changed to require merely a majority vote of the <br />board. <br />That is it for our comments. If you have any questions or concerns. regarding the <br />agreement, feel free to contact me. <br />Very truly yours, <br />_. <br />Scott T. Anders n <br />Cc: Mr. Neal Beets; City Manager <br />STA/jbc <br />RRM: 71259 <br />