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06-12-2013 Council Agenda
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06-12-2013 Council Agenda
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\dine. Stat. 5 130.01, staid. 3, <br />Minn. Stat. § 131101, suhJ. 3. <br />See 7Lr /ire Press r. County of <br />Rhea Earth, 677 N.W.2d 471 <br />(Minn. et. App. 2004); (holding <br />that the county's statement that <br />31 was closing a meeting under <br />the attomey-client privilege to <br />discuss "pending litigation" did <br />not satisfy the requirement of <br />describing the subject to be <br />discussed at the closed <br />meeting). <br />Minn. Smt. § 131763. salad 1 <br />(b), <br />Minn, Slat. § 131203. sulds. 1 <br />td), 2. <br />CHAPTER 7 <br />Before closing a meeting under any of' the following exceptions, the public <br />body must state, on the record, the specific grounds that permit the meeting <br />to be closed and describe the subject to be discussed. The same notice <br />requirements that apply to open meetings also apply to closed meetings. <br />For example, if a closed meeting takes place at a regular meeting, the notice <br />requirements for a regular meeting apply. Likewise, if a closed meeting <br />takes place as a special meeting or as an emergency meeting, the notice <br />requirements for a special meeting or an emergency meeting would apply. <br />1. Labor negotiations <br />The city council may, by majority vote in a public meeting, decide to hold a <br />closed meeting to consider its strategy for labor negotiations, including <br />negotiation strategies or developments or discussion of labor- negotiation <br />proposals. The council must announce the time and place of the closed <br />meeting at the public meeting. <br />After the closed meeting, a written record of all members of the city <br />council and all other people present must be available to the public. The <br />council must tape-record the proceedings at city expense, and preserve the <br />tape for two years after signing the contract. The tape - recording must be <br />available to the public after all labor contracts are signed for the current <br />budget period. <br />Minn. Suu.5 131.03. snbn.3. If someone claims the council conducted public business other than labor <br />negotiations at the closed meeting, a court must privately review the <br />recording of the meeting. If the court finds the law was not violated, the <br />action must be dismissed and the recording sealed and preserved. If the <br />court determines a violation of the open meeting law may exist, the <br />recording may be introduced at trial in its entirety, subject to any protective <br />orders requested by either party and deemed appropriate by the court. <br />Mlnn, Scat. § 1314.05. Mod. 7. <br />2. Not- public data under the Minnesota <br />Government Data Practices Act <br />The general rule is that meetings cannot be closed to discuss data that are <br />not public under the Minnesota Government Data Practices Act. A meeting <br />must be closed, however, if certain not - public data is discussed. <br />For example, any portion of a meeting must be closed if expressly required <br />by law or if any of the following types of not - public data are discussed: <br />• Data that would identify victims or reporters of criminal sexual <br />conduct, domestic abuse, or maltreatment of minors or vulnerable <br />adults. <br />• Active investigative data created by a law - enforcement agency, or <br />internal - affairs data relating to allegations of law- enforcement- <br />personnel misconduct. <br />HANDBOOK FOR MINNESOTA C(71121 This chapter last revised 12 /1/2012 7;13 <br />4 <br />
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