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A.G. Op. 63-A-5, Jun. <br />13, 1957; Minn. Slat. § <br />471.705, subd. 1 <br />Also see Part I!I - The <br />Open Meeting Law - G <br />. "Common problems in <br />applying the law" <br /> <br />Minn. Stats. § 471.705, <br />subds, la; le <br /> <br />Executive sessions; The Attorney General found that an executive <br />session of a city council that prohibited attendance of the public <br />until after the discussion and deliberations of the council was a <br />violation of the open meeting law. <br /> <br />Work sessions; <br /> <br />Retreats. <br /> <br />D. Exceptions and the procedures to use them <br /> <br />There are some exceptions to the open meeting law. Under certain <br />circumstances, some meetings may be closed. There are also some <br />meetings that are required to be closed. <br /> <br /> 1. Meetings that MAY be dosed <br /> <br />There are some meetings that are permitted to be closed if the public <br />body wants them to be. The following types of meetings MAY be <br />closed: <br /> <br />Meetings to consider strategies for labor negotiations under <br />PELRA. Although the meeting to consider strategies for labor <br />negotiations may be closed, the actual negotiations will need to be <br />done at an open meeting if a quorum of the council is present. <br /> <br />Procedure. The following must be done to use this exception: <br />i. Before closing the meeting, the council must decide to close <br /> the meeting by a majority vote at a public meeting; <br />ii. Before closing the meeting, the council must state on the <br /> record the reason for closing the meeting; <br />iii. A written roll of all people present at the closed meeting must <br /> be available to the public after the closed meeting; <br />iv. The meeting must be taped; <br />v. The tape must be kept for two years after the contract is signed; <br /> and <br />vi. The tape becomes public after the labor agreement is finalized. <br /> <br />If an action is brought during the time that the tape is not public <br />claiming that other public business was transacted at the closed <br />meeting, the court will review the record privately. If it finds no <br />violation of the open meeting law, the action is dismissed and the <br />recording is preserved in court records until it becomes available to <br /> <br />6 League of Minnesota Cities <br /> <br /> <br />