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06-12-2013 Council Agenda
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06-12-2013 Council Agenda
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Minn. Sun. 9 1319.01, subd. <br />Mimi, Slat. § 465.719, subd. 9. <br />Smhem 114/ImLSUln ,14unitipnl <br />POIm'A/;eney v. l>nynq 578 <br />N. W..2A362 (Minn. 1998). <br />28/, 336 N.W.2d 510 (Minn. <br />1983). St. Chia) Nen:apapes. <br />lac v. Dist. 742 Cummunig, <br />Schaub.. 332 91.W.2d 1 (Minn. <br />1983). <br />,Minn. Stat. 9 412191. subd. 1. <br />Minn. Slat. 9 645.08(5). <br />See Section 11. E. 4. For more <br />information about serial <br />meetings. <br />Minn. Stitt. 131705. subd <br />1(d). <br />CI IAPrl'It 7 <br />D. Groups governed by the open meeting <br />law <br />Under the Minnesota open meeting law, all city council meetings and <br />executive sessions must be open to the public with only a few exceptions. <br />The open meeting law also requires meetings of any committee, <br />subcommittee, board, department, or commission of a public body to be <br />open to the public. For example, the governing bodies of local public <br />pension plans, housing and redevelopment authorities, economic <br />development authorities, and city- created corporations are subject to the <br />open meeting law. <br />The Minnesota Supreme Court has held, however, that the governing body <br />of a municipal electric power agency is not subject to the open meeting law <br />because the Legislature has granted these agencies authority to conduct <br />their affairs as private corporations. <br />E. Gatherings governed by the open <br />meeting law <br />The open meeting law does not define the term "meeting." The Minnesota <br />Supreme Court, however, has ruled that meetings are gatherings of a <br />quorum or more members of the governing body, or a quorum of a <br />committee, subcommittee, board, department, or commission thereof, at <br />which members discuss, decide, or receive information as a group on issues <br />relating to the official business of that governing body. <br />For most public bodies including statutory cities, a majority of its qualified <br />members constitutes a quorum. Charter cities may provide that a different <br />number of members of the council constitutes a quorum. <br />The open meeting law does not generally apply in situations where less <br />than a quorum of the council is involved. However, serial meetings in <br />groups of less than a quorum that are held in order to avoid the <br />requirements of the open meeting law may be found to violate the law, <br />depending on the specific facts. <br />F. Open meeting law exceptions <br />The open meeting law is designed to favor public access. Therefore, the <br />few exceptions that clo exist are carefully limited to avoid abuse. <br />All closed meetings (except those closed under the attorney- client privilege <br />exception) must be electronically recorded at the expense of the public <br />body. Unless otherwise provided by law, the recordings must be preserved <br />for at least three years after the date of the meeting. <br />7:12 This chapter last revised 12 /1/2012 LEAGUE or MINNESOTA CITIES <br />3 <br />
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