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C H A R T E R E D DATE: January 19, 2022 Offices in Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis Minneapolis MN 55402-1299 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer 10 1 DI [4111 7 \\ `l 1i u TO: Nyle Zikmund, City Administrator FROM: Scott Riggs, City Attorney Joseph Sathe, Assistant City Attorney RE: Returning to Remote Meetings Under Minn. Stat. 13D.021 Minnesota Statutes, section 13D.021 allows a public meeting to be conducted by telephone or interactive technology if an authorized individual (the presiding officer, chief legal counsel, or chief administrative officer) determines that an in -person meeting is not practical or prudent because of one of the following justifications: 1) health pandemic; 2) local emergency; or 3) statewide emergency. To return to remote meetings under Minn. Stat. 13D.021 without a declared emergency, an authorized individual may rely on the existence and impact of a "health pandemic." The term "health pandemic" is not defined in state law and therefore when there is a declared state of emergency relying on the declared emergency to allow remote meetings is the preferred option. However, the existence of a "health pandemic' alone is a lawful justification to hold remote meetings and there is little doubt that the pandemic remains with us today. Relying on the existence of a health pandemic is also a more conservative approach than declaring an emergency when the only "power" needed is the ability to meet remotely. The decision/determination to allow the city council and other public bodies to meet remotely is made by an authorized individual (generally, the mayor) and does not require action by the city council. To move the city to remote meetings, the authorized individual must determine that is not prudent or practical to conduct fully in -person meetings. The "prudent or practical" determination allows meetings to be conducted remotely but requires that a member of the public body, the chief legal counsel, or the chief administrative officer to be at the regular meeting location. A second determination providing that is it "not feasible" to have any person at the regular meeting location is required to allow meetings to be fully remote with no person at the regular meeting location. MU125\11\775004.vl