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RELEVANT LINKS: <br />See Handbook, Chapter 27 <br />for more information about <br />records management. <br />Minn. Stat. § 13.072, subd. 1 <br />(b). See IPAD for an index <br />of advisory opinions by topic. <br />See Requesting an Open <br />Meeting Law Advisory <br />Opinion from IPAD. <br />Minn. Stat. § 8.07. See index <br />of Attorney General Advisory <br />Opinions from 1993 to <br />present. <br />Minn. Stat. § 13D.06, subd. 1. <br />Claude v. Collins, 518 <br />N.W.2d 836 (Minn. 1994). <br />Minn. Stat. § 13D.06, subd. 2. <br />Minn. Stat. § 13D.06, subd. 4. <br />See LMC information memo, <br />Open Meeting Lmr Defense <br />Coverage, for information <br />about insurance coverage for <br />open -meeting -law violations. <br />What may work best is to utilize a free third -party e-mail service, such as g- <br />mail or Hotmail, for your city account, and avoid using that e-mail account <br />for any personal e-mail or for anything that may constitute an official record <br />of city business since such records must be retained in accordance with the <br />state records retention requirements. <br />H. Advisory opinions <br />1. Commissioner of the Minnesota Department of <br />Administration <br />The commissioner of the Minnesota Department of Administration has <br />authority to issue non -binding advisory opinions on certain issues related to <br />the open meeting law. A $200 fee is required. The Information Policy <br />Analysis Division (IPAD) of the Department of Administration handles <br />these requests. <br />A public body subject to the open meeting law can request an advisory <br />opinion from the commissioner. A person who disagrees with the manner in <br />which members of a governing body perform their duties under the open <br />meeting law can also request an advisory opinion. <br />2. Minnesota Attorney General <br />The Minnesota Attorney General is authorized to issue written advisory <br />opinions to city attorneys on "questions of public importance." The <br />Attorney General has issued several advisory opinions on the open meeting <br />law. <br />I. Penalties <br />Any person who intentionally violates the open meeting law is subject to <br />personal liability in the form of a civil penalty of up to $300 for a single <br />occurrence. The public body may not pay the penalty. A court may take into <br />account a councilmember's time and experience in office to determine the <br />amount of the civil penalty. <br />An action to enforce this penalty may be brought by any person in any court <br />of competent jurisdiction where the administrative office of the governing <br />body is located. <br />The court may also award reasonable costs, disbursements, and attorney fees <br />of up to $13,000 to any party in an action alleging a violation of the open <br />meeting law. The court may award costs and attorney fees to a defendant <br />only if the action is found to be frivolous and without merit. <br />League of Minnesota Cities Handbook for Minnesota Cities 10/14/2013 <br />Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 20 <br />