Agenda - Council Work Session - 12/08/2015

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1 MINNESOTA STATUTES 2015 13D.05 13D.05 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC. Subdivision 1. General principles. (a) Except as provided in this chapter, meetings may not be closed to discuss data that are not public data. (b) Data that are not public data may be discussed at a meeting subject to this chapter without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. (c) Data discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. (d) All closed meetings, except those closed as permitted by the attorney-client privilege, must be elec- tronically 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. Subd. 2. When meeting must be closed. (a) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: (1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision 7, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; (3) educational data, health data, medical data, welfare data, or mental health data that are not public data under section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, subdivision 2 or 7; or (4) an individual's medical records governed by sections 144.291 to 144.298. (b) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. Subd. 3. What meetings may be closed. (a) A public body may close a meeting to evaluate the per- formance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its con- clusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney- client privilege. (c) A public body may close a meeting: (1) to determine the asking price for real or personal property to be sold by the government entity; (2) to review confidential or protected nonpublic appraisal data under section 13.44, subdivision 3; and (3) to develop or consider offers or counteroffers for the purchase or sale of real or personal property. Copyright OO 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.