06-12-2013 Council Agenda - Laserfiche WebLink

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Minn. Smt. § 131).05. subd. 3 (0). fimluer'd Uailr llisp;vtlr. I.LC v. Alien. 693 N.W.2d 435 (Minn. Q. App. 2005); Ninr late ilnmr'can r. Alath,c 642 N.W.2d 729 (Minn. 2002); ;Vnrthuvw Publlcsinus, Inc. v. Ciro nl,Sr. Paul, 435 N.W.2<164 (Minn. CI. App. 1989); Minneapolis Slur K li'ihnne r. l- Imcsing ;mil Redevelopment .4athed°, In and for the Gip/ of Minneapolis, 251 N.W.2d 620 (Minn. 1976). Minn. Stat. i 130.05, staid. (c). Minn. Stal. 4 13.44 . subd, t Minn. Sun, 5 130.05. subd. 3 (r)' Vik v. Wild Rice Dist.. No. A09 -1841 (Minn. Ct. App. Aug. 10, 2010) (unpublished decision) (holding that this exception authorizes closing a meeting to discuss the development or consideration of a property transaction and is not limited to the discussion of specific terms of advanced negotiations). !FAD 08 -001. Clinvrea 7 5. Attorney - client privilege A meeting may be closed if permitted by the attorney- client privilege. Meetings between a government body and its attorney to discuss active or threatened litigation may only be closed, under the attorney- client privilege, when a balancing of the purposes served by the attorney - client privilege against those served by the open meeting law dictates the need for absolute confidentiality. The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after the city has made a substantive decision on the underlying matter. This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. 6. Purchase or sale of real or personal property A public body may close a meeting to: • Determine the asking price for real or personal property to be sold by the public body. • Review confidential or protected nonpublic appraisal data. • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before holding a closed meeting under this exception, the public body must identify on the record the particular real or personal property that is the subject of the closed meeting. The closed meeting rnust be tape - recorded. The recording must be preserved for eight years, and must be made available to the public after all real or personal property discussed at the meeting has been purchased or sold, or after the public body has abandoned the purchase or sale. The real or personal property that is being discussed must be identified on the tape. A list of members and all other persons present at the closed meeting must be made available to the public after the closed meeting. The actual purchase or sale of the real or personal property must be approved at an open meeting, and the purchase or sale price is public data. 11ANn600K FOR M IN Nesosrn C rrn.:g This chapter last revised 12 /1/2012 7:15 6