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LA515\1\1063849.v1 <br />Fifth Street Towers <br />150 South Fifth Street, Suite 700 <br />Minneapolis, MN 55402 <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />MEMORANDUM <br />TO:Nicole Miller <br />FROM:Sarah Sonsalla, City Attorney <br />DATE:December 9, 2025 <br />RE:Social Media Use Considerations for City Council and Commission Members <br />This memo provides information for City Council and commission members to keep in mind when using <br />social media.City Council and commission members are not City employees and are therefore not <br />required to follow the City’s Social Media Policy,so the purpose of this memo is to provide some best <br />practices and information on potential legal issues that City Council and commission members should <br />keep in mind when using social media. <br />OPEN MEETING LAW & DATA PRACTICES ACT CONSIDERATIONS <br />Be careful not to create a meeting.A “meeting”is a quorum or more of public officials,where they <br />discuss,decide,or receive information as a group on issues relating to the official business of that <br />governing body.i Minnesota law provides that an elected or appointed official’s use of social media <br />does not violate the Open Meeting Law so long as the social media use is limited to exchanges with <br />all members of the general public.ii Therefore,in order to avoid any potential violations of the Open <br />Meeting Law,if an elected or appointed official is going to make a social media post about anything <br />related to City business,it should be done in a location which is open to the general public and not on <br />social media pages that are not open to the general public. <br />Private messages and social media posts by elected and appointed officials about City business are <br />subject to the Data Practices Act.The Data Practices Office has clarified that a city is not responsible <br />for maintaining the data created by an elected or appointed official on social media accounts that are <br />not run by the city.iii However,this does not mean that communications on social media will not be <br />subject to a Data Practices request.Just like private text messages or emails,if social media is being <br />used to discuss City business,the messages or posts are subject to the Data Practices Act and will <br />need to be produced.