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CHAPTER 7 OPEN MEETING EXCEPTIONS or charter permits making the proceed Statutes specify two exceptions to the ings public only with the approval or at open meeting law. First, the state exempts the request of an employee who has not meetings of any state agency. board, or waived the exception. This is true of commission when exercising quasi school teachers under state law. judicial functions involving disciplinary Third, collective bargaining sessions proceedings. However. this provision does with union representatives may be exempt not apply to meetings where local agen- if the director of mediation services so cies discharge quasi-judicial functions.'S provides, otherwise such sessions are Second, the city council may, by major- public. ity vote in a public meeting, decide to hold a closed meeting to consider strategy for DATA PRACTICES ACT labor negotiations, including negotiation The Minnesota Government Data Prac- developments or discussion of labor tices Act serves as a fourth exception to negotiation proposals. The council must the open meeting law; but much more announce the time and place of the closed narrowly than it has in the past. meeting at the public meeting. Now, the general rule is that cities After the closed meeting, a written cannot close a public meeting to discuss record of all members of the city council data that is not public. Government and all other people present must be officials may discuss data that is not available to the public. The council must public data at a meeting without liability tape record the proceedings at city ex- if the disclosure relates to a matter within pense and preserve the tape for two years the scope of the public body's authority, is after signing the contract. The tape re- reasonably necessary to conduct the cording must be available to the public business, and is without malice. During after all labor contracts are signed for the an open meeting. the public body must current budget period. make reasonable efforts to protect the If someone claims that the council data from disclosure, including reference conducted public business other than to letter, number, or other designation labor negotiations at the closed meeting, that does not reveal the identity of the and the tape is still available to the pub- data subject. lic, a court may review the recording of However, the city must close any por- the meeting. If the court determines that a tion of a meeting if another law expressly violation of the open meeting law may requires it or if certain types of data are exist, the recording may be introduced at under discussion. This includes data that trial in its entirety, subject to any protec- would identify alleged victims or reporters tive orders either party requests and the of criminal sexual conduct, domestic court deems appropriate. abuse, or maltreatment of minors or Three additional exceptions to the open vulnerable adults; active investigative meeting law may apply to cities because data or internal affairs data relating to other state laws require confidentiality in allegations of law enforcement personnel certain cases. misconduct; educational data; health First are meetings between the govern- data; medical data welfare data; or non ing body and its attorney to discuss public mental health data. pending or threatened litigation. This A public body must close a meeting for exception is based on the confidential preliminary consideration of allegations or relationship between attorney and client. charges against an individual subject to The city may not abuse this privilege to its authority. If the members conclude suppress public observation of the deci- that discipline of any nature may be sion- making process. It does not extend to warranted, further meetings or hearings the governing body's request for general must be open. legal advice or opinion. 91 It would seldom A public body may close a meeting to be justified in situations other than evaluate the performance of an individual threatened or pending litigation. subject to its authority. The governmental The second exception includes meetings unit must, however, identify the indi- to consider possible disciplinary proceed vidual to be evaluated prior to closing a ings against an employee when a statute meeting. At its next open meeting, the 101