2005.08.15 EDA Packet - Laserfiche WebLink

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MAY-19-2005 15:57 LEAGUE OF P1N CITIES 6512811296 P.05 — • Meetings to evaluate the performance of an;ne victual subject to the public body's authority, Mimi.Stat §§1:3D.05,subd..4(a)1 Procedure. The following must be done to use this exception: 131).01,suhd. i. The public body must identify the individual to be evaluated prior to closing the meeting. ii. The meeting must be open at the request of the individual who is the subject of the meeting, so some advance notice to the individual is needed in order to allow the individual to make an informed decision. iii. Before closing the meeting,the council must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. iv, At the next open meeting,the public body must summarize its conclusions regarding the evaluation. The council should be careful not to release private or confidential data in its summary. Minn.Stitt.§13D.05,subd.i(b). . Attorney-client privilege. Meetings between the governing body and its PriorLrike.line vicmr v.Mader, attorney to discuss active,threatened,or pending litigation may be closed Goa N,w,24 729(Minn,20021, when the balancing of the purposes served by the attorney-client privilege Northwest Publicatioru,Inc.v. against those served by the open meeting law dictates the need for Ciiy of St,Paul,435 N.W2d 64 absolute confidentiality.The need for absolute confidentiality should (Minn.App.1989). relate to litigation strategy,and will usually arise only after a substantive decision on the underlying matter has been made.This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. Minn,Stitt.§13L),pl.subd.3;See Procedure. The following must be done to use this exception: Ar Fria:Press v.Conray g191744, Fpr/ll,677 N.w,2d 471(Minn. i. Before closing the meeting,the council must state on App.2004)(holding that a the record the specific grounds permitting the statelllent that a meeting wits being closed under the attorney-client meeting to be closed and describe the subject to be privilege to discuss"vending discussed, The council should also describe how a litigation"did not satisfy the requirement to"describe the balancing of the purposes of the attorney-client subject to be discussed"at the privilege against the purposes of the open meeting closed meeting)_ law demonstrates the need for absolute confidentiality. ii_ The council must actually communicate with its attorney at the meeting. 2. Meetings that must be closed There are some meetings that the law requires to be closed.The following meetings must be closed: Meetings of City Councils 15