Agenda - Council - 02/08/2021 - Laserfiche WebLink

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accessible to the public. The current law allows an exemption from this requirement if a city councilmember (1) is in the military and deployed and (2) has been medically advised not to be in a public place for medical reasons when a state of emergency has been declared. On occasion, city councilmembers want to remotely attend city council meetings, but there is no meaningful reason to make their location "open and accessible to the public" as city councilmembers made their remote location "open and accessible" but no city resident shows up at the remote location. COVID-19 has taught us that remote participation can allow for meaningful remote participation and public interaction. However, a city councilmember may want to fulfill their responsibility despite medical reasons outside of a state of emergency, travel due to work, or personal travel. Removing this last requirement still preserves the public's ability to hear and see all discussion, testimony, and voting by all participating councilmembers while allowing willing councilmembers to participate in city decision -making. Response: The Legislature should amend the Open Meeting Law: a) To allow a governing body or a committee created by a governing body to close a meeting to interview candidates for management -level positions such as city manager, administrator, clerk -treasurer, city attorney, superintendent, or department head, and to close a meeting to evaluate and discuss the candidates, and discuss salary and benefit negotiations. b) To allow a governing body to close a meeting to discuss negotiation strategies for proposed contracts and/or agreements with private 126 parties, non-profit organizations, and/or public entities. c) To allow city councilmembers to participate in city council meetings without making their remote location open and accessible to the public as otherwise required under Minn. Stat. § 13D.02, subd. 1. Such closed meetings should follow the same or similar procedures for conducting closed meetings currently required under the Open Meeting Law. Federal Employment Law FED-1. Consolidated Omnibus Budget Reconciliation Act (COBRA) Issue: The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) law, which requires employers to offer continued health and dental insurance group benefits after an employee terminates, has been interpreted to apply to Employee Assistance Programs (EAPs). The application of COBRA benefits to these programs results in unlikely and impractical outcomes. Response: Congress should clarify the intended benefits to which COBRA law should apply, excluding EAP programs. FED-2. Flexible Spending Accounts Issue: Health care costs are rising dramatically and employees need financial relief. Flexible spending accounts provide some relief, but the current "use it or lose it" provision for medical spending discourages employees from participating in this program. In addition, the $5000 annual maximum limit on dependent care accounts has not increased substantially since the program's inception in 1986 and childcare costs continue to rise significantly.