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08/03/2009 Council Packet
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08/03/2009 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
08/03/2009
Council Meeting Type
Regular
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Dan Tesch, City Administrator <br />City of Lino Lakes <br />Page 2 <br />July 27, 2009 <br />A city's charter may "prescribe methods of procedure in respect to the operation of the <br />government thereby created, * * *." Minn. Stat. §410.07. While neither state statute nor the <br />City's Charter defines "operation of the government," electronic recordings of council meetings <br />are the subject of legislative requirements (See Chapt. 13D, Open Meeting Laws). While placing <br />a requirement to televise City Council proceedings in the City's governing document is unusual, <br />such a requirement does not violate Minnesota law. <br />However, the proposed ordinance is vague. The language of the proposal raises the following <br />issues and concerns: <br />(1) "regular open council meetings " - What does this mean? There is no lawful <br />provision for any regular closed meetings. <br />(2) "the Open Mike (sic) portion " -Is this portion occurring outside of the regular <br />council meeting? Does the use of the term create a requirement to continue to <br />have an "Open Mike" item on every agenda? <br />"council work sessions" — We assume that this is a term used to denote council <br />meetings where no action by the council occurs. However, the term is neither <br />found in state statute nor the City's Charter. If the dates for these type of sessions <br />are part of a schedule adopted by the council, they are regular meetings. <br />Otherwise, the sessions would be classified as special meetings and are subject to <br />the requirements of Chapt. 13D.04 of the statutes. <br />Does the use of the term "council work sessions" create a requirement to continue <br />to have "council work sessions "? <br />(3) <br />If the council establishes committees or subcommittees, are such gatherings <br />council work sessions? Is the term meant to imply only a gathering of the council <br />as a whole? <br />If you have any other questions on this matter, please do not hesitate to call. <br />Cordially, <br />SEVERSON _ 1 _ ON, DOUGHERTY & MOLENDA, P.A. <br />fchael G. 11 ou_. <br />• <br />
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