08/11/1997 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MINUTES AUGUST 11, 1997 • The Minnesota Open Meeting Law requires closed meetings to be recorded only when the meetings are to discuss labor negotiations. An accurate record of the action taken by the City Council with respect to the issues addressed in the closed meeting exists separately, therefore there is no need for this data. • The tapes themselves create security and storage problems, as the information contained within is subject to the attorney-client privilege. Therefore I feel that the City of Lino Lakes needs to request that the Records Disposition Panel issue an order allowing destruction of the data in question. Mayor Landers recommended that permission be requested from the Minnesota Historical Society to dispose of the tapes and summaries of the tapes. Council Member Bergeson asked if this request would include the printed copy of Michelle Miller's written report as well as tapes, to which Mayor Landers responded yes. Council Member Lyden expressed concern about public perception of such action as an attempt by the City to hide something. Council Member Kuether stated that in her opinion the subject meeting should not have been recorded on tape in the first place. Mayor Landers indicated that Attorney Goering is presently storing this material, which is not intended for return to City Hall. He added that Attorney Goering recommends the City obtain permission to dispose of the material. Council Member Bergeson pointed out that in Ms. Goering's letter she stated that information from investigation of the subject personnel matter was intermingled with private data which would be illegal for Council to disburse. In Ms. Goering's opinion it would not be possible to separate the two without disturbing the integrity of the original document. Council Member Bergeson suggested that retaining the data would put the City in a difficult legal position, as it is not public record; and he supports requesting the Historical Society's permission to dispose of it. Council Member Kuether expressed apprehension regarding carrying out the recommendation of Ms. Goering based on past experience with unsound legal advice. Mr. Hawkins verified Mayor Landers' suggestion that this matter should be formalized through a resolution authorizing Council to request permission of the Minnesota Historical Society to dispose of the subject material, which will be added by the City Clerk. Council Member Lyden moved to deny destruction of the subject material. Motion failed in the absence of second. Council Member Bergeson moved to request permission from the Minnesota Historical Society to dispose of the subject records as recommended by Attorney Goering. Council Member Kuether seconded the motion. Motion carried with Council Member Lyden voting no and Council Member Neal abstaining.