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LA515\1\1076121.v2 <br /> <br /> Sarah J. Sonsalla <br />Fifth Street Towers <br />150 South Fifth Street, Suite 700 <br />Minneapolis, MN 55402 <br /> <br />Email: SSonsalla@Kennedy-Graven.com <br /> <br />LEGAL OPINION <br /> <br />TO: Nicole Miller, City Administrator <br /> <br />FROM: Sarah Sonsalla, City Attorney <br /> <br />DATE: February 12, 2026 <br /> <br />RE: Use of Social Media as a Supplemental Method for Public Hearing Notices <br /> <br /> <br />Question Presented <br />Whether the City of Lake Elmo should use social media platforms as a supplemental <br />method for posting public hearing notices, in addition to legally required publication and mailed <br />notice, given legal, operational, and Open Meeting Law considerations. <br />Short Answer <br />While the use of social media to increase awareness of City activities is understandable <br />and well-intentioned, using social media to post public hearing notices presents legal and <br />administrative risks that outweigh the benefits. This is particularly true given the City’s inability <br />to disable direct messaging and the potential for inadvertent public comment or discussion <br />outside a properly noticed meeting. Given the City’s recent enhancements to its notice process <br />(website posting, opt-in email notifications, and expanded mailing radius), the City already <br />exceeds statutory requirements in a legally defensible manner. For these reasons, it is not <br />recommended that the City use social media as a supplemental platform for public hearing <br />notices. <br />Background <br />At its December 9, 2025, workshop, the City Council discussed potential enhancements to <br />the City’s public hearing notice process as part of its draft Communications Plan. Since that time, <br />City staff has implemented the following enhancements: <br />1. Centralized website posting of public hearing notices in the Agenda Center; <br />2. Opt-in email notifications for residents wishing to receive hearing notices; and