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HANDBOOK FOR MINNESOTA CRIES committee, board, department, or com- and be open, whether or not the body mission of the governing body to be open takes or contemplates taking action. This to the public. would include meetings at which mem- The council must record the votes of the bers receive information that may influ- council members. The council must keep ence later decisions, but would exclude a journal for that purpose, and it must be chance or social gatherings. A quorum of open for public inspection. It is not neces- members cannot discuss or receive infor- sary to record each member's vote for mation on official business in any setting payments of judgments, claims, and under the guise of a private social amounts fixed by statute. The clerk gathering. should take roll call votes on all formal The Court has warned that even though actions of the council. Anyone can tape gatherings of less than a quorum do not record a public meeting. subject to the constitute meetings under the law, serial open meeting law, so long as the record gatherings of less than a quorum for the ing does not interfere with the meeting. purpose of avoiding public hearings or The open meeting law requires that at fashioning agreement on an issue may be least one copy of any printed materials a violation of the statute depending on the relating to agenda items (materials the individual case. The open meeting law governing body or its employees prepare does not apply to a private discussion and distribute to each council member) between a council member and a city must be available for public inspection manager or member of a separate govern- while the governing body considers the ing body as long as there is no intent to subject matter. 23 This requirement does circumvent the law. 23 not apply to materials the law classifies as It is not quite clear under the Court's other than public or to materials relating recent rulings whether the participation of to the agenda items of a properly closed a city council in a League of Minnesota meeting. There is a $100 civil penalty for Cities sponsored training program to intentional violations of this provision. develop various skills would constitute a The statute. except to expressly include meeting under the open meeting law. The executive sessions, does not define meet- result may depend on whether or not the ing. The Minnesota Supreme Court has program includes discussions of particu- ruled that meetings subject to the require- lar matters within the council's official ments of the open meeting law are those duties or powers." Any person may gatherings of a quorum or more members observe councll meetings. In fact, the of the governing body, committee, board, council should encourage citizen atten- department, or commission at which dance because it helps citizens become members discuss, decide, or receive more aware of the city's problems and information as a group on issues relating more sympathetic to programs the council to the official business of that body. 24 The suggests. statute does not cover letters and tele- Although anyone can attend council phone conversations between fewer than a meetings, citizens cannot speak or other quorum. wise participate in any discussions unless In reaching its decision, the Court said the mayor or the presiding officer recog- that beyond a certain point, open discus- nizes them for this purpose. The decision sion requirements may serve to immobi- to recognize speakers is usually up to the lize a body and prevent the resolution of presiding officer, but the council can important problems. It noted that the overrule this decision. The council itself court needed to balance the public's right can, through a motion, decide to hear one to be informed against the public's right or more speakers from the audience. to the effective and efficient administra- The council should not sample public tion of public bodies. opinion by asking for a show of hands at In another decision, the Court held that the meeting. The majority opinion of those informational seminars about school attending the council meeting does not board business, which the entire board necessarily represent general public attends, must be public and open. opinion. It is likely to express only the Thus, any scheduled gatherings of a opinion of a special group. governing body must have proper notice too