Agenda Packets - 2023/07/05 - Laserfiche WebLink

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RELEVANT LINKS: 4. Performance evaluations Minn. Stat. § 13D.05, A public body may close a meeting to evaluate the performance of an subds. 1(d), 3(a). See DPO 14-007, DPO 15-002, and individual who is subject to its authority. The public body must identify the DPO 16-002 (discussing individual to be evaluated before closing the meeting. what type of summary satisfies the open meeting law). DPO 05-013 (advising that At its next open meeting, the public body must summarize its conclusions a government entity could close a meeting under this regarding the evaluation. This type of meeting must be open at the request exception to discuss its of the individual who is the subject of the meeting. If this type of meeting is contract with an independent contractor closed, it must be electronically recorded, and the recording must be when that contractor is an preserved for at least three years after the meeting. individual human being). 5. Attorney -client privilege Minn. Stat. § 13D.05, subd. A meeting may be closed if permitted by the attorney -client privilege. Brainerd Daily Dispatch, Meetings between a government body and its attorney to discuss active or LLC v. Dehen, 693 N.W.2d threatened litigation may only be closed, under the attorney -client privilege, 435 (Minn. Ct. App. 2005). Prior Lake American v. when a balancing of the purposes served by the attorney -client privilege Mader, 642 N.W.2d 729 against those served by the open meeting law dictates the need for absolute (Minn. 2002). Northwest Publications, Inc. v. City of confidentiality. St. Paul, 435 N.W.2d 64 (Minn. Ct. App. 1989). Minneapolis Star & The need for absolute confidentiality should relate to litigation strategy and Tribune v. Housing and Redevelopment Authority in will usually arise only after the city has made a substantive decision on the and for the City of underlying matter. This privilege may not be abused to suppress public Minneapolis, 251 N.W.2d 620 (Minn.1976). observations of the decision -making process and does not include situations DPO 14-005. DPO 14-017. where the council will be receiving general legal opinions and advice on the DPO 16-003. DPO 17-003. strengths and weaknesses of a proposed underlying action that may give rise to future litigation. 6. Purchase or sale of real or personal property Minn. Stat. § 13D.05, subd. A public body may close a meeting to: 3 (c). • Determine the asking price for real or personal property to be sold by the public body. Minn. Stat. § 13.44, subd. • Review confidential or protected nonpublic appraisal data. 3. • Develop or consider offers or counteroffers for the purchase or sale of real or personal property. Minn. Stat. § 13D.05, subd. Before holding a closed meeting under this exception, the public body must 3 (c). identify on the record the particular real or personal property that is the subject of the closed meeting. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 17