Agenda - Council Work Session - 07/28/2009

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LEAGUE OF MINNESOTA CITIES CONNECTING & INNOVATING SINCE 1913 RISK MANAGEMENT INFORMATION ELECTRONIC COMMUNICATIONS BETWEEN COUNCIL MEMBERS E-mail correspondence can be an unintentional conduit for city officials to violate the Minnesota Open Meeting Law. This memo outlines some points elected officials and members of city committees and boards should be aware of to avoid inadvertently violating the Open Meeting Law. The Open Meeting Law Under the Minnesota Open Meeting Law, Minn. Stat. ~13D, meetings of at least a quorum of the city council or one of its committees to discuss city business must be publicized and open to the public, subject to a few exceptions. A primary purpose ofthe law is to make sure information and deliberations about city business are available to the public. The law applies to any discussion about city business, not just voting or official actions, and to any gathering of a quorum of the council or committee. In most cities a quorum is three or more council or committee members. It's easy to imagine situations where a quorum might gather - coffee at the local cafe, pre- or post- meeting discussions, a wedding reception or community celebration are all common spots for councilmembers to meet. There are also some not-so-obvious ways a quorum might meet, for instance in a serial meeting - imagine Council Member A talks to Council Member B, B talks to Council Member C, and C talks to A. Another is through written correspondence, or through telephone conference calls. Any of these scenarios would create an open meeting concern if the group discussed city business. Violating the open meeting law carries with it penalties including personal liability for up to $300 per occurrence and forfeiture of office for officials who intentionally violate the law three times. Reasonable costs and attorney fees can also be awarded if the court finds specific intent to violate the law. Electronic communications and the Open Meeting Law The Minnesota Open Meeting Law has a number of tricky aspects, not the least of which results from increasing reliance on e-mail communication between council or committee members. E-mail makes a serial meeting easier by allowing council or committee members to forward messages from one person to the next. Imagine one Council Member e-mailing another to suggest the pros and cons of a particular city decision. The recipient forwards the e-mail to another This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1298 ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122 WEB: www.LMC.ORG