Agenda - Council Work Session - 10/14/2014

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RELEVANT LINKS: Southern Minnesota Municipal Power Agency v. Boyne, 578 N.W.2d 362 (Minn. 1998). Moberg v. Indep. Sch. Dist. No. 281,336 N.W.2d 510 (Minn. 1983). St. Cloud Newspapers, Inc. v. Dist. 742 Community Schools, 332 N.W.2d 1 (Minn. 1983). Minn. Stat. § 412.191, subd. 1. Minn. Stat. § 645.08(5). See Section II. G. 4. for more information about serial meetings. Minn. Stat. § 13D.05, subd. 1(d). Minn. Stat. § 13D.01, subd. 3. Minn. Stat. § 13D.04, subd. 5. See The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. Ct. App. 2004) (holding that the county's statement that it was closing a meeting under the attorney - client privilege to discuss "pending litigation" did not satisfy the requirement of describing the subject to be discussed at the closed meeting). IPAD 13-012. The Minnesota Supreme Court has held, however, that the governing body of a municipal electric power agency is not subject to the open meeting law because the Legislature has granted these agencies authority to conduct their affairs as private corporations. E. Gatherings governed by the open meeting law The open meeting law does not define the term "meeting." The Minnesota Supreme Court, however, has ruled that meetings are gatherings of a quorum or more members of the governing body, or a quorum of a committee, subcommittee, board, department, or commission thereof, at which members discuss, decide, or receive information as a group on issues relating to the official business of that governing body. For most public bodies, including statutory cities, a majority of its qualified members constitutes a quorum. Charter cities may provide that a different number of members of the council constitutes a quorum. The open meeting law does not generally apply in situations where less than a quorum of the council is involved. However, serial meetings in groups of less than a quorum that are held in order to avoid the requirements of the open meeting law may be found to violate the law, depending on the specific facts. F. Open meeting law exceptions The open meeting law is designed to favor public access. Therefore, the few exceptions that do exist are carefully limited to avoid abuse. All closed meetings (except those closed under the attorney -client -privilege exception) must be electronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Before closing a meeting under any of the following exceptions, the public body must state, on the record, the specific grounds that permit the meeting to be closed and describe the subject to be discussed. The same notice requirements that apply to open meetings also apply to closed meetings. For example, if a closed meeting takes place at a regular meeting, the notice requirements for a regular meeting apply. Likewise, if a closed meeting takes place as a special meeting or as an emergency meeting, the notice requirements for a special meeting or an emergency meeting would apply. League of Minnesota Cities Handbook for Minnesota Cities 10/14/2013 Meetings, Motions, Resolutions, and Ordinances Chapter 7 I Page 12