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LA515\1\1076121.v2 <br />3. Expanded mailed notice radius from 350 feet to 500 feet. <br />These measures apply consistently to all public hearings, including zoning actions, special <br />assessments, and other statutorily required hearings. <br />The remaining issue before Council is whether to add social media as a supplemental method <br />for posting public hearing notices. <br />Applicable Law <br />Minnesota’s Open Meeting Law, Minnesota Statutes Chapter 13D (“OML”) requires that <br />meetings of a governing body be: <br />• Open to the public, <br />• Properly noticed, <br />• Conducted in an authorized format, and <br />• Accessible to all members of the public on equal terms. <br />The OML is construed liberally in favor of openness and strictly against practices that risk <br />circumvention, even unintentionally. <br />A “meeting” may occur when: <br />• Members of the City Council discuss, receive information about, or express positions on <br />official City business, <br />• Whether in person, electronically, synchronously, or asynchronously. <br />Intent to violate the law is not required. <br />Legal and Practical Concerns with Social Media Use <br />1. Risk of Inadvertent Open Meeting Law Violations <br />Social media platforms are inherently interactive, even when comments on posts are <br />disabled. Because the City cannot disable private or direct messaging, City staff or elected <br />officials may receive: <br />• Public comments <br />• Questions seeking clarification <br />• Advocacy regarding pending hearings <br />If City Council members respond, either publicly or privately, or if multiple Council <br />members receive and react to the same communications, this creates a risk that City business is <br />being discussed outside a properly noticed meeting, potentially constituting an OML violation.