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02-25-2015 Council Packet
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RELEVANT LINKS: <br />Moberg v. lndep. Sch. Dist. <br />No. 281, 336 N.W.2d 510 <br />(Minn. 1983). See also IPAD <br />10-011 and IPAD 06-017. <br />Mankato Free Press v. City of <br />North Mankato, 563 N.W.2d <br />291 (Minn. Ct. App. 1997). <br />Mankato Free Press v. City of <br />North Mankato, No. C9-98- <br />677 (Minn. Ct. App. Dec. 15, <br />1998) (unpublished decision). <br />Compare St. Cloud <br />Newspapers, Inc. v. Dist. 742 <br />Community Schools, 332 <br />N.W.2d 1 (Minn. 1983) and <br />A.G. Op. 63a-5 (Feb. 5, <br />1975). <br />A.G. Op. 63a-5 (Feb. 5, <br />1975). <br />Moberg v. Indep. Sch. Dist. <br />No. 281,336 N.W.2d 510 <br />(Minn. 1983). <br />6. Serial meetings <br />The Minnesota Supreme Court has noted that meetings of less than a <br />quorum of the public body held serially to avoid public hearings or to <br />fashion agreement on an issue may violate the open meeting law depending <br />on the circumstances. <br />A Minnesota Court of Appeals' decision also indicates that serial meetings <br />could violate the open meeting law. The Minnesota Court of Appeals <br />considered a situation where individual councilmembers conducted separate, <br />serial interviews of candidates for a city position in one-on-one closed <br />interviews. Although the district court found that no meetings had occurred <br />because there was never a quorum of the council present, the court of <br />appeals remanded the decision back to the district court for a determination <br />of whether the councilmembers had used this interview process for the <br />purpose of avoiding the requirements of the open meeting law. <br />On remand, the district court found that the private interviews were not <br />conducted for the purpose of avoiding the requirements of the open meeting <br />law. This decision was also appealed, and the court of appeals, in an <br />unpublished decision, agreed with the district court's decision. A city that <br />wants to hold private interviews with applicants for city employment should <br />first consult with its city attorney. <br />7. Training sessions <br />Whether the participation of a quorum or more of councilmembers in a <br />training program should be considered a meeting under the open meeting <br />law would likely depend on whether the program includes a discussion of <br />general training information or a discussion of specific matters relating to an <br />individual city. <br />The attorney general has advised that a city council's participation in a non- <br />public training program devoted to developing skills is not covered by the <br />open meeting law. However, the opinion also stated that if there were to be <br />any discussions of city business by the attending members, either outside or <br />during the training session, it could be seen as a violation of the open <br />meeting law. <br />8. Telephone, email, and social media <br />It is possible that communication through telephone calls, email, or other <br />technology could violate the open meeting law. The Minnesota Supreme <br />Court has indicated that communication through letters and telephone calls <br />could violate the open meeting law under certain circumstances. <br />League of Minnesota Cities Information Memo: 11/14/2014 <br />Meetings of City Councils Page 19 <br />
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