Agenda Packets - 2023/07/05 - Laserfiche WebLink

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RELEVANT LINKS: Minn. Stat. § 13D.06, subd. 4 (d). Coalwell v. Murray, No. C6-95-2436 (Minn. Ct. App. Aug 6, 1996) (unpublished decision). Elseth v. Hille, No Al2- 1496 (Minn. Ct. App. May 13, 2013) (unpublished decision). Minn. Stat. § 13D.06, subd. 3 (a). Brown v. Cannon Falls Twp., 723 N.W.2d 31 (Minn. Ct. App. 2006). Minn. Stat. § 13D.06, subd. 3 (b). Minn. Const. art. VIII, § 5. Jacobsen v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). Jacobsen v. Nagel, 255 Minn. 300, 96 N.W.2d 569 (1959). Claude v. Collins, 518 N.W.2d 836 (Minn. 1994). Sullivan v. Credit River Twp., 299 Minn. 170, 217 N.W.2d 502 (1974). Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757 (Minn. 1982). In re D & A Truck Line, Inc., 524 N.W.2d 1 (Minn. Ct. App. 1994). Sullivan v. Credit River Township, 217 N.W.2d 502 (Minn. 1974). Lac Qui Parle- Yellow Bank Watershed Dist. v. Wollschlager, No. C6-96- 1023 (Minn. Ct. App. Nov. 12, 1996) (unpublished decision). DPO 11-004. No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was intent to violate the open meeting law. If a person is found to have intentionally violated the open meeting law in three or more separate actions involving the same governing body, that person must forfeit any further right to serve on the governing body or in any other capacity with the public body for a period of time equal to the term of office the person was serving. If a court finds a separate, third violation that is unrelated to the previous violations, it must declare the position vacant and notify the appointing authority or clerk of the governing body. As soon as practicable, the appointing authority or governing body shall fill the position as in the case of any other vacancy. Under the Minnesota Constitution, the Legislature may provide for the removal of public officials for malfeasance or nonfeasance. To constitute malfeasance or nonfeasance, a public official's conduct must affect the performance of official duties and must relate to something of a substantial nature directly affecting the rights and interests of the public. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is described as neglect or refusal, without sufficient excuse, to perform what is a public officer's legal duty to perform. More likely than not, a violation of the open meeting law would be in the nature of nonfeasance. Although good faith does not nullify a violation, good faith is relevant in determining whether a violation amounts to nonfeasance. The open meeting law does not address whether actions taken at a meeting that does not comply with its requirements would be valid. Minnesota courts have generally refused to invalidate actions taken at an improperly closed meeting because this is not a remedy the open meeting law provides. League of Minnesota Cities Handbook for Minnesota Cities 8/30/2022 Meetings, Motions, Resolutions, and Ordinances Chapter 7 1 Page 26