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HANDBOOK FOR MINNESOTA CITIES body must summarize its conclusions If a person, while serving on the same regarding the evaluation. governing body violates the law three The governing body may close meetings times, the violator forfeits the right to if state statute authorizes closure or if the serve on the governing body for the rest of attorney client privilege applies. that term. If the court finds that a third Finally. the law provides that before violation has occurred it declares the closing a meeting, a public body must position vacant and notifies the appoint state on the record the specific grounds ing authority or clerk of the governing that allow the meeting to be closed and body. Three violations. not three actions describe the subject officials will and penalties, are necessary for removal. discuss. The Minnesota law does not include a The particular notice provisions in the criminal penalty. open meeting law apply to closed meet The open meeting laws in a number of ings as well as open meetings. Open states provide for injunctive relief meetings which the council closes after ordering a party to do or not do a specific first calling them need no special notice. act. The Minnesota law contains no But. special and emergency meetings provision for injunction. but the court has which the council will convene as closed ruled that in a proper case. injunction meetings must have public notice accord may be an appropriate remedy.*' In one ing to statutes. case, the court considered this a suitable Some cities tape record closed meetings way of carrying out the legislative intent and have the clerk or city attorney keep to enforce the statute. At that time, the the tape until the need for keeping the statute did not contain enforcement information private no longer exists or a provisions. so it is not certain what the court orders its release. The tape is useful court would rule now. However. it is likely in establishing that members did not use that the court would still reach the same the closed meeting to discuss matters conclusion since it is still an appropriate which they should have discussed way of preventing pending violations. publicly. The open meeting law contains no provision invalidating actions the body NOTICE takes at a closed meeting that should The open meeting law includes elabo- have been open. In a 1974 case. the court rate notice provisions. Requirements vary held that because the law failed to provide according to the type of meeting. (See a method of enforcement, the statute was earlier discussion.) not mandatory and its violation did not Notice provisions apply not only to city result in invalidating actions of the council meetings, but to meetings of every body.' Although the fact that the plaintiff public body the law covers. Violations of had spent a substantial sum in reliance the notice provisions are subject to the on the action the public body took at the enforcement provisions of the law, except illegal meeting may have influenced the that the courts cannot impose a fine or court, it does not seem likely that a court other penalty on a member of a public would overturn the rule of the case with body for a violation unless the violation out a change in the law. Because the law was willful and deliberate. now contains methods of enforcement through the civil penalty and removal ENFORCEMENT from office, there is probably little need for The open meeting law makes any person an invalidation rule. who violates the law subject to a civil Again, however, the council should penalty up to $100 for a single occur- follow the law to avoid the possibility that rence. A city does not need to reimburse the court would declare its actions council members for legal expenses in illegal' connection with defense of a possible violation of the open meeting law. Good Presiding Officer faith or lack of harm are not defenses to a The mayor serves as presiding officer for violation of the law. A closed meeting is a the meeting whenever present at council violation unless an exception exists. meetings. In the mayor's absence. the 102