Agenda - Council Work Session - 12/09/2014

Home

The use of Facebook, Twitter, and other social media creates opportunities for cities to reach more constituents and to share more information faster than ever before. Social media creates new opportunities for citizen participation, and citizens increasingly expect that their elected officials will provide them with information via the internet and social media sites. This expectation is not always consistent with laws that require citizens to attend a meeting in order to participate in local government. The use of social medial by elected officials raises issues of compliance with laws that were drafted before social media existed, and increases the likelihood of unintentional violations. In recognition of these issues, the 2014 Legislature created a social media exemption to the Open Meeting Law, Minn. Stat. § 13D.065, which states that the use of social media by members of a public body does not violate the law so long as the use is limited to exchanges with all members of the general public. Response: The League of Minnesota Cities supports IPAD's interpretation of the interactive television provision of the Open Meeting Law, and encourages the Legislature to authorize cities to conduct official meetings by telephone or other electronic means, as allowed by Minn. Stat. § 13D.015, provided that a quorum of members are present at the regular meeting site. The League supports the 2014 change to the Open Meeting Law, which grants cities and elected officials reasonable flexibility to use social media to communicate with citizens while maintaining the protections of the Open Meeting Law. The League opposes any change to the open meeting law that would expand the award of attorney's fees to unintentional violations. DP-6. Exceptions to the Open Meeting Law Issue: The purpose of the Open Meeting Law is to prohibit actions from being taken at secret meetings, to assure the public's right to be fully informed, and to afford the public an opportunity to present views to the public body. The League of Minnesota Cities supports the Open Meeting Law, and recognizes the important role it plays in maintaining the public trust and the accountability of elected officials. The Open Meeting Law must, however, balance the need for public information and the need to protect privacy rights. Therefore, the Open Meeting Law requires certain meetings to be closed to the public, and allows other meetings to be closed at the discretion of the governing body. Under existing law, a governing body may close a meeting to evaluate the performance of an individual subject to its authority. A governing body may not close a meeting to interview applicants for employment if there is a quorum present, although individual council members may interview an applicant in a closed meeting. A governing body may not close a meeting to discuss the terms of an employment agreement to offer to a candidate to whom a job offer has been extended, although a governing body can close a meeting to discuss labor negotiations strategy. Allowing a closed meeting so that a council can discuss the results of an interview process for a management -level position will allow council members to express opinions or ask questions they may have concerns about discussing in a public meeting, and preserves the integrity of the interview process of subsequent candidates. League of Minnesota Cities 2015 City Policies Page 89