02-25-2015 Council Packet - Laserfiche WebLink

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RELEVANT LINKS: Minn, Stat. § 13D.05, subd, 3(d). Minn. Stat. § 13D.05, subd. 2(b), Minn. Stat. § 13.43, subd. 2(4). IPAD 03-020. IPAD 14-004. IPAD 10-001. Minn. Stat, § 13.43. Minn. Stat. § 13D,01, subd, 3. Minn. Stat, § 13D,05, subd, I. The following procedure must be used to close a meeting under this exception: • Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. • When describing the subject to be discussed, the council must refer to the facilities, systems, procedures, services or infrastructure to be considered during the closed meeting. • The closed meeting must be tape-recorded, and the recording must be preserved for at least four years. 2. Meetings that must be closed There are some meetings that the open meeting law requires to be closed. The following meetings must be closed: a. Misconduct allegations A public body must close a meeting for preliminary consideration of allegations or charges against an individual subject to the public body's authority. The commissioner of the Minnesota Department of Administration has advised that a city could not close a meeting under this exception to consider allegations of misconduct against ajob applicant who had been extended a conditional offer of employment. (The job applicant was not a city employee.) The commissioner reasoned that the city council had no authority to discipline the job applicant or to direct his actions in any way; therefore, he was not "an individual subject to its authority." The commissioner has also advised that a tape recording of a closed meeting for preliminary consideration of misconduct allegations is private personnel data under Minn. Stat. § 13.43, subd. 4, and is accessible to the subject of the data but not to the public. The commissioner noted that at some point in time, some or all of the data on the tape may become public under Minn. Stat. § 13.43, subd. 2. For example, if the employee is disciplined and there is a final disposition, certain personnel data becomes public. The following procedure must be used to close a meeting under this exception: • Before closing the meeting, the council must state on the record the specific grounds for closing the meeting and describe the subject to be discussed. League of Minnesota Cities Information Menlo: 11/14/2014 Meetings of City Councils Page 14