Agenda - Council - 03/27/1984 - Laserfiche WebLink

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471."/~ ItlGHI~ POWF..RS, DUTIES; SEVr~RAL POLITICAL SUBDIVISIONS made available to the public after all labor contracts are signed by the governing body for the current budget period. If an action is brought claiming that public business other than discussions of labor negotiation stralegies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this subdivision during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. If the court determines that no violation of this section is found, the action shall be dismissed and the recording shall be preserved in the records of the court until otherwise made available to the public pursuant to this section. If the court determines that a violation of this ~ction is found, the recording may be introduced at trial in its entirety subject to an)' protective orders as requested by either party and deemed appropriate by the court. The pres'ailing part)' in an action brought before or after the lape is made available to the public, which establishes that a violation of this section has occurred shall recover costs and reasonable attorney's fees as determined by the court. Subd. 2. An)' person who violates subdivision I shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $100 for a single occurrence. An action to enforce this p~nalty may be brought by an)' person in any court of Cbmpetent jurisdiction where the administrative office of the govern- lng body i~; located. Upon a third violation by the same person connected with the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of'office such person was then serving. The court determining the merits of any action in connection with any alleged third violation shall receive competent, reievant evidence in connection therewith and. upon finding as to the occurrence of a separate Ihird violation, unrelated to the previous violations issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable thereafter the appoinling authority or the governing body shall fill the position as in the case of an)' olher vacancy. Sub& 3. This section may be cited as the "Minnesota Open Meeting Law". Hislory: 1957 c' 773 s i: 1967 c 462 s l: 1973 c 123 art 5 s 7:1973 c 654 s 15: 1973c680s 1.3: 1975c271s6: 198lc 174s ! 471.71 DEFINITI(~NS. Subdivision t. Terms..For the purposes of sections 471.71 to 471.83 the terms defined in this section shall have the meanings ascribed to them unless the context otherwise requires. Subd. 2. Municipality. "Municipality" includes cities, towns, and school districts. Subd. 3. City, toss~ sdmol distrkn. "City." "town," or "school districL" include only those of the class made subject to sections 471.71 to 471.83 by sections 471.72 and 471.73. Subd. 4. Unfunded indebtedness. "Unfunded indebtedness" includes ali ~eneral obligations and indebtedness except bonds and except indebtedness which ~s payable from special assessments against benefited properly. Subd. 5. Y~ar. "Year" means calendar year, except that it means "fiscal year" in the case of any school district or city as to which both of the following conditions exist: (I) in the case of a city, the charter or law under which it is organized provides for a fiscal year differing from the calendar year; in the case of a school ~F~stric tesolu on th~ 471.7~ S dislric and F~ Their condil a dirt 471.73 h valuat an)' si sectio~ such ¢ 356:; La'svs and i' · valuat of all ' board under 471.74 S~ precec by pn not sF for th thereo bonds The .p an)' Ir amoul in the nolwil an)' n~ ~he ca of the of bo~ which under reimb~