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Public Meeting Law Exceptions Under Minnesota Statutes Chapter 13, meetings of a public body must be open to the public. If there is a health pandemic or an emergency situation, Minnesota Statutes Section 13D.021 allows meetings of a public body to be conducted by electronic means. Minn. Stat. § 13D.021— Meeting by Telephone or Other Electronic Means; Conditions Minn. Stat. § 13D.021 provides that a meeting of a public body may be conducted via telephone or other electronic means if meeting in a public location is not practical or prudent because of a health pandemic or declared emergency. The Governor has the authority to declare an emergency under Chapter 12, and a mayor has the authority to declare a local emergency under Minn. Stat. § 12.29. If an emergency has been declared, "the presiding officer, chief legal counsel, or chief administrative officer" of the local government unit may determine that an in-person meeting is not practical or prudent, and a city council meeting can be conducted by telephone or electronic means. Likewise, even if an emergency has not been declared, if there is a health pandemic and one of those officials determines that an in-person meeting is not practical or prudent, a city council meeting can be conducted by telephone or other electronic means. Minnesota Law does not define "pandemic" or "health pandemic." MDH is responsible for responding to public health situations and would likely be the first agency to determine that there is a pandemic. The Governor could then choose to declare a public health emergency. In making the determination as to whether holding an in-person meeting is practical and prudent, a city should use all available public health information. Additionally, a city should bear in mind that holding a meeting via telephone or other electronic means could result in additional costs to the city. Stgps to Hold a Meeting by Tele hone or Other Electronic Means: 1. The city receives information that indicates an in-person meeting should not be held. 2. The presiding officer, chief legal counsel, or chief administrative officer must make the determination that it is not prudent or practical to hold an in-person meeting based on the received information. 3. Notice shall be posted in accordance with the timing requirements of Minn. Stat. § 13D.04 (based on whether the meeting is a regular, special, or emergency meeting), and shall contain the regular meeting location, the fact that some members may participate by telephone or other electronic means, and that the meeting may be monitored remotely by the public in accordance with Minn. Stat. § 13D.021, subd. 3. (See Appendix). R uirements of the Meeting: • All members of the public body that are participating in the meeting, whether at the regular meeting location or participating via electronic means, must be able to hear one another and all discussion and testimony. 3 642994v1 SJR FA105-5