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12/01/2008 Council Packet
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12/01/2008 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
12/01/2008
Council Meeting Type
Work Session Regular
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Y S. SEVERSON <br />CHE. SHELDON <br />CHAEL G. . DOUGHERTY* <br />MICHAEL E. MOLENDA$ <br />LOREN M. SOLFEST *$ <br />SHARON K. HILLS <br />ROBERT B. BAUER* <br />TERRENCE A. MERRITT$ <br />ANNETTE M. MARGARIT <br />STEPHEN A. LING* <br />• <br />• <br />SEVERSON, SHELDON, <br />DOUGHERTY & MOLENDA, P.A. <br />A PROFESSIONAL ASSOCIATION <br />ATTORNEYS AT LAW <br />SUITE 600 <br />7300 WEST 147TH STREET <br />APPLE VALLEY, MINNESOTA 55124 -4517 <br />(952) 432 -3136 <br />TELEFAX NUMBER (952) 432 -3780 <br />www.seversonsheldon.com <br />INVESTIGATIVE REPORT <br />GARY L. HUUSKO# <br />CHRISTINE J. CASSELLIUS$ <br />BRIAN J. WISDORF* <br />MICHAEL D. KLEMM$* <br />EMILY FOX WILLIAMS <br />MATTHEW J. SCHAAP <br />THOMAS R. DONELY <br />JESSICA L. SANBORN <br />RYAN J. BIBS <br />WILLIAM M. TOPKA <br />ERIN. E. BOERSCHEL <br />ISSUE: DID MEMBERS OF THE LINO LAKES CITY COUNCIL VIOLATE <br />THE MINNESOTA OPEN MEETING LAW? <br />INTRODUCTION <br />STANDARD OF CONDUCT. Chapter 13 of the Minnesota Statutes ( "Open Meeting Law ") <br />requires that all meetings of the governing body of a city be open to the public subject to <br />limited exceptions. Before closing a meeting to the public (required of all exceptions), the <br />city council shall state on the record the specific ground permitting the meeting to be closed <br />and describe the subject to be discussed. <br />What is a meeting? The Minnesota Supreme Court has held that "meetings subject to the <br />requirements of the Open Meeting Law are those gatherings of a quorum or more members <br />of the governing body... at which members discuss, decide or receive information as a group <br />on issues relating to the official business of that governing body." <br />What is the purpose of the open meeting law? The open meeting law is designed to avoid <br />secret meetings, to allow the public to be informed about public officials' decision making <br />and to allow members of the public to present their views to the public officials. <br />EVIDENCE REVIEWED <br />I was given full access to any information that I deemed was necessary in order to reach my <br />findings. I conducted interviews with each of the members of the City Council, including <br />the Mayor, as well as pertinent staff members. I further obtained and reviewed documents <br />that I deemed relevant to making a determination. <br />FINDINGS <br />The evidence, together with the credibility of the testimony, reasonably supports the <br />following: <br />INDIVIDUAL Al 1DRNEYS ALSO LICENSED IN IOWA, WISCONSIN AND MISSOURI <br />$QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE <br />#REGISTERED PATENT ATTORNEY <br />*MSBA BOARD CERTIFIED REAL PROPERTY SPECIALIST <br />
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