4.8. SR 11-22-1999
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Item # 4,8,
River
MEMORANDUM
TO:
Mayor & Council
FROM:
Sandy Peine, City Clerk
DATE:
November 22,1999
SUBJECT: Open Meeting Law Discussion
The question has arisen as to whether a special meeting should be
called in case there is a quorum of the Council at the city holiday
party.
.
Attached is information from the Minnesota League of Cities
regarding the Open Meeting Law and its effect on social gatherings.
The information states that a social gathering of a quorum is exempt
from the open meeting law. However, it also states that the council,
"as a group" the council should not discuss or receive information on
official business.
I would interpret this to mean that a special meeting notice is not
necessary for this event.
ACTION REQUESTED
Council decision as to whether a special meeting should be called for
the holiday party.
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
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A.G. Op. 63-A-5, Jun.
13,1957
A.G. Op. 10-b, Jul. 3,
1975
A.G. Op:"10~b, Jul. 3, '
1975; A.G. Op. 63a-5,
Aug.28,1996
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A.G. Op.63a-5, Aug. 28, ".
1996; Sov~r~ign v. Dunn,
498 N.W.2d 62 (Minn.
App. 1993)
A.G. Op. 471-e, May 23,
1978
SL Ooud Nnvspap~n,
Inc. v. District 742
ComtrUlnity Sch., 332
N.W.2d I (Minn. 1983)
Mob~rg v. Ind~p~ndmt
Sch. DisL No. 281,336
N.W.2d 510 (!\linn.
1983)
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3. Executive sessions
The Attorney General has found that an executive session of a city
council where the public's attendance was prohibited until after the
discussion and deliberations of the council was a violation of the Open
Meeting Law.. ;.., :
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4. Committees and liaisons
The Attorney General has found that citizens' advisory panels that are
appointed by a governing body are also subject to the open meeting law.
Many city councils create committees to make recommendations to the
council. Commonly, such committees will be responsible for doing
research in a particular area and submitting a recommendation to the
council for its approval. Such committees are usually advisory, and the
council is still responsible for making the fmal decision.
. : The Attorn~y General haS'found that a citizens' advisory panel that was
appointed by a governing body was subject to the Open Meeting Law.
';;;However, a more recent opinion determined that if a committee or
department has no authority to make a decision, it would not be subject
. to the Open Meeting Law.' ". "
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City councils routinely appoint individual councilmembers to act as
liaisons between the council and particular committees. These types of
meetings may also be subject to the Open Meeting Law if the committee
contains a quorum or more of the councilor has decision-making
authority. In addition, there may be notice needed for a special council
meeting if a quorum of the council will be present at the meeting and
participating in the discussion.
The Attorney General found that a private discussion between one
councilmember and one HRA member was not a violation of the Open
Meeting Law because a quorum of neither body was present.
5. Chance or social gatherings'
Chance or SOCl ga enngs 0 a quorum are not considered meetings
"under the Open Meeting Law and are therefore exempt from it.
However, a quorum may not, as a group, discuss or receive information
on official business in any setting under the guise ofa social gathering.
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League of Minnesota Cities