Agenda - Council Work Session - 10/14/2014

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CC Work Session 2. 4. Meeting Date: 10/14/2014 Information Title: Discuss Practice for Closing Meetings Purpose/Background: Purpose: To discuss when meetings may be closed to the public, and when the Council may want to keep meetings open, even when state statute would allow them to be closed. Background: From time to time, questions arise relating to the Open Meeting Law, most specific, when is it allowable to close a meeting to the public. The fundamental purpose of the Open Meeting Law is to promote openness in governmental proceedings. It serves three vital purposes: Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; ensures the public's right to be informed; and gives the public an opportunity to present its views. The Open Meeting Law applies to the City Council, and all committees, subcommittees, boards, departments, or commissions of a public body. The Open Meeting Law was designed to favor public access. Therefore, the few exceptions that do exist are carefully limited to avoid abuse. Labor Negotiations: The City Council may, by majority vote in a public meeting, decide to hold a closed meeting to consider its strategy for labor negotiations, including negotiation strategies or developments or discussion of labor -negotiation proposals. Not -public data under the MN Government Data Practices Act. The general rule is that meetings cannot be closed to discuss data that are not public under the MN Government Data Practices Act. A meeting must be closed, however, if certain not -public data is discussed. For example, any portion of a meeting must be closed if expressly required by law or if any of the following types of not -public data are discussed: Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; Active investigative data created by a law -enforcement agency, or internal -affairs data relating to allegations of law -enforcement -personnel misconduct; Educational, health, medical, welfare, or mental -health data that are not public data; and Certain medical records. Misconduct allegations or charges: A public body must close one or more meetings for "preliminary consideration" of allegations or charges of misconduct against an individual subject to its authority. This type of meeting must be open at the request of the individual who is the subject of the meeting. If the members conclude discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations that are held after that conclusion is reached must be open. Performance evaluations: A public body may close a meeting to evaluate the performance of an individual who is subject to its authority. All interviews conducted with prospective offers and employees will be done at an open meeting. Attorney -client privilege: A meeting may be closed if permitted by the attorney -client privilege. Meetings between a government body and its attorney to discuss active or threatened litigation may only be closed, under the attorney -client privilege, when a balancing of the purposes served by the attorney -client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality