Agenda - Council Work Session - 10/14/2014

Home

RELEVANT LINKS: Minn. Stat. § 13D.03, subd. 1 (b). Minn. Stat. § 13D.03, subds. 1 (d), 2. Minn. Stat. § 13D.03, subd. 3. Minn. Stat. § 13D.05, subd. 2. Minn. Stat. §§ 144.291-.298. Minn. Stat. § 13D.05, subd. 1(d). 1. 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. The council must announce the time and place of the closed meeting at the public meeting. After the closed meeting, a written record of all members of the city council and all other people present must be available to the public. The council must tape-record the proceedings at city expense and preserve the tape for two years after signing the contract. The tape-recording must be available to the public after all labor contracts are signed for the current budget period. If someone claims the council conducted public business other than labor negotiations at the closed meeting, a court must privately review the recording of the meeting. If the court finds the law was not violated, the action must be dismissed and the recording sealed and preserved. If the court determines a violation of the open meeting law may exist, the recording may be introduced at trial in its entirety, subject to any protective orders requested by either party and deemed appropriate by the court. 2. Not -public data under the Minnesota Government . Data Practices Act The general rule is that meetings cannot be closed to discuss data that are not public under the Minnesota 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. • Certain medical records. A closed meeting held to discuss any of the not -public data listed above must be electronically recorded, and the recording must be preserved for at least three years after the meeting. League of Minnesota Cities Handbook for Minnesota Cities 10/14/2013 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 13