HF 2145

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to open meetings; defining terms; adding open meeting requirement;
adding violation for serial meetings; adding contemporaneous textual electronic
communications to open meeting requirements; amending Minnesota Statutes
2006, sections 13D.01, subdivisions 1, 2, by adding a subdivision; 13D.02,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 13D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13D.001] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Caucus. new text end

new text begin "Caucus" means a gathering of members of a political
party or coalition which is held for purposes of planning political strategy and holding
discussions designed to prepare the members for taking official action in the public body.
new text end

new text begin Subd. 2. new text end

new text begin Deliberation. new text end

new text begin "Deliberation" means the receipt or exchange of information
or opinion relating to a decision, but shall not include informal or impromptu discussions
of a general nature which do not specifically relate to a matter then pending before the
public body for decision.
new text end

new text begin Subd. 3. new text end

new text begin Meeting. new text end

new text begin "Meeting" means a quorum or three or more members of any
public body, whichever is fewer, assembling in order to make decisions regarding public
business, including adopting proposed policy, position, resolution, rule, regulation, or
formal action, or to contemporaneously deliberate or discuss an issue in order to make a
decision upon a matter over which the public body has supervision, control, jurisdiction,
or advisory power. The assemblage of members can be present physically or by electronic
means, formal or informal, including but not limited to conference call, video conference,
Internet chat, or Internet message board.
new text end

new text begin Subd. 4. new text end

new text begin Open. new text end

new text begin "Open" means that the requirements of notice in section 13D.02
have been followed, the meeting is at a physical, Internet, or telephonic address for the
public to view the meeting and there must be at least one copy of any printed materials
relating to the agenda items of the meeting prepared for the public to review and copy as
provided for in section 13D.01, subdivision 6.
new text end

new text begin Subd. 5. new text end

new text begin Public body. new text end

new text begin "Public body" means any state or local public entity
assembling in a full body, agency, board, commission, or department acting for the public
benefit. The term also includes any body transacting business of a statewide public
pension plan defined in section 356A.01, subdivision 24; a local pension plan governed
by sections 69.77 to 69.775, or chapter 354A, 422A, or 423A; school district, however
organized; unorganized territory; county; statutory or home rule charter city; town or other
public body performing functions for the public benefit.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13D.01, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin In executive branch, local government deleted text end new text begin Scope new text end .

deleted text begin All meetings,
including executive sessions, must be open to the public
deleted text end

deleted text begin (a) of a state
deleted text end

deleted text begin (1) agency,
deleted text end

deleted text begin (2) board,
deleted text end

deleted text begin (3) commission, or
deleted text end

deleted text begin (4) department,
deleted text end

deleted text begin when required or permitted by law to transact public business in a meeting;
deleted text end

deleted text begin (b) of the governing body of a
deleted text end

deleted text begin (1) school district however organized,
deleted text end

deleted text begin (2) unorganized territory,
deleted text end

deleted text begin (3) county,
deleted text end

deleted text begin (4) statutory or home rule charter city,
deleted text end

deleted text begin (5) town, or
deleted text end

deleted text begin (6) other public body;
deleted text end

deleted text begin (c) of any
deleted text end

deleted text begin (1) committee,
deleted text end

deleted text begin (2) subcommittee,
deleted text end

deleted text begin (3) board,
deleted text end

deleted text begin (4) department, or
deleted text end

deleted text begin (5) commission,
deleted text end

deleted text begin of a public body; and
deleted text end

deleted text begin (d) of the governing body or a committee of:
deleted text end

deleted text begin (1) a statewide public pension plan defined in section deleted text begin 356A.01, subdivision 24 deleted text end ; or
deleted text end

deleted text begin (2) a local public pension plan governed by section , sections to ,
or chapter 354A, 422A, or 423B.
deleted text end

new text begin Any meeting of a public body for decision or deliberation, including executive
sessions, must be open to the public and comply with the notice requirements of section
13D.02.
new text end

Sec. 3.

Minnesota Statutes 2006, section 13D.01, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

This chapter does not apply

(1) to meetings of the commissioner of corrections;

(2) to a state agency, board, or commission when it is exercising quasi-judicial
functions involving disciplinary proceedings; deleted text begin or
deleted text end

(3) new text begin to individual contacts or conversations between a member of a public body
and any other person;
new text end

new text begin (4) to the attendance of members of a public body at a conference or similar
gathering open to the public that involves a discussion of issues of general interest to the
public or to public agencies of the type represented by the public body, provided that the
members present do not discuss among themselves, other than as part of the scheduled
program, business of a specified nature that is within the subject matter jurisdiction of
the public body;
new text end

new text begin (5) to the attendance of members of a public body at an open and publicized meeting
organized to address a topic of local community concern by a person or organization other
than the public body, provided that the members present do not discuss among themselves,
other than as a part of the scheduled meeting, business of a specified nature that is within
the subject matter jurisdiction of the public body;
new text end

new text begin (6) to the attendance of members of a public body at an open and noticed meeting
of another body or a subdivision of the public body, provided that the members of the
public body who are not members of the subdivision attend only as observers and do not
participate in the meeting;
new text end

new text begin (7) to a purely social or ceremonial occasion, so long as no issues currently before
the public body for decision are discussed or deliberated that would otherwise violate
this section;
new text end

new text begin (8) to any on-site inspection of any project or program;
new text end

new text begin (9) to any members assembling for purposes of a caucus;
new text end

new text begin (10) to discussions by members of a public body on logistical and procedural
methods to schedule and regulate a meeting; or
new text end

new text begin (11) new text end as otherwise expressly provided by statute.

Sec. 4.

Minnesota Statutes 2006, section 13D.01, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Serial meetings. new text end

new text begin Any rapid and successive meetings between two or
more people, that would not otherwise violate this section, if done with the intent to hold
the meeting for the purpose of avoiding public meeting, or evading the requirements of
this section, to deliberate or come to a decision will be a violation of this section.
new text end

Sec. 5.

new text begin [13D.015] MEETINGS PERFORMED BY ELECTRONIC MEANS.
new text end

new text begin Members of a public body communicating by contemporaneous textual electronic
means including but not limited to electronic mail, Internet chat, or Internet message
board shall be subject to the requirements of this section and a record of the conversation
must be kept for review by the public under chapter 13.03. Contemporaneous textual
electronic communication among the members of a public body that does not relate to
pending matters before the public body shall not be considered a meeting within the
meaning of this section.
new text end

Sec. 6.

Minnesota Statutes 2006, section 13D.02, subdivision 1, is amended to read:

Subdivision 1.

Conditions.

A meeting governed by section 13D.01, subdivisions 1,
2, 4, and 5, and this section may be conducted by interactive television new text begin , conference call,
or video conference new text end so long as:

(1) all members of the body participating in the meeting, wherever their physical
location, can hear and see new text begin or hear new text end one another and can hear and see new text begin or hear new text end all discussion
and testimony presented at any location at which at least one member is present;

(2) members of the public present at the regular meeting location of the body can
hear and see all discussion and testimony and all votes of members of the body;

(3) at least one member of the body is physically present at the regular meeting
location; and

(4) each location at which a member of the body is present is open and accessible
to the public.