HF 3302

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to data practices; preserving data; classifying data; amending Minnesota
Statutes 2006, section 13D.05, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 13.

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

Section 1.

new text begin [13.356] CLOSED MEETINGS DATA.
new text end

new text begin Government data relating to the agenda of a meeting closed under section 13D.05,
subdivision 3, paragraph (c), clause (3), prepared or distributed by or at the direction of the
governing board or its employees, must be preserved for eight years after the date of the
meeting and be made available to the public after all real or personal property discussed at
the meeting has been purchased or sold or the governing body has abandoned the purchase
or sale. Until made available to the public under this section, the government data is
classified as nonpublic.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13D.05, subdivision 3, is amended to read:

Subd. 3.

What meetings may be closed.

(a) A public body may close a meeting
to evaluate the performance of an individual who is subject to its authority. The public
body shall identify the individual to be evaluated prior to closing a meeting. At its next
open meeting, the public body shall summarize its conclusions regarding the evaluation.
A meeting must be open at the request of the individual who is the subject of the meeting.

(b) Meetings may be closed if the closure is expressly authorized by statute or
permitted by the attorney-client privilege.

(c) A public body may close a meeting:

(1) to determine the asking price for real or personal property to be sold by the
government entity;

(2) to review confidential or nonpublic appraisal data under section 13.44,
subdivision 3; and

(3) to develop or consider offers or counteroffers for the purchase or sale of real or
personal property. new text begin Government data relating to a meeting closed under this clause is
classified under section 13.356.
new text end

Before holding a closed meeting under this paragraph, the public body must identify
on the record the particular real or personal property that is the subject of the closed
meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
at the expense of the public body. The recording must be preserved for eight years after
the date of the meeting and made available to the public after all real or personal property
discussed at the meeting has been purchased or sold or the governing body has abandoned
the purchase or sale. The real or personal property that is the subject of the closed meeting
must be specifically identified on the tape. A list of members and all other persons present
at the closed meeting must be made available to the public after the closed meeting. If an
action is brought claiming that public business other than discussions allowed under this
paragraph was transacted at a closed meeting held under this paragraph during the time
when the tape is not available to the public, section 13D.03, subdivision 3, applies.

An agreement reached that is based on an offer considered at a closed meeting is
contingent on approval of the public body at an open meeting. The actual purchase or
sale must be approved at an open meeting after the notice period required by statute or the
governing body's internal procedures, and the purchase price or sale price is public data.

(d) Meetings may be closed to receive security briefings and reports, to discuss issues
related to security systems, to discuss emergency response procedures and to discuss
security deficiencies in or recommendations regarding public services, infrastructure and
facilities, if disclosure of the information discussed would pose a danger to public safety or
compromise security procedures or responses. Financial issues related to security matters
must be discussed and all related financial decisions must be made at an open meeting.
Before closing a meeting under this paragraph, the public body, in describing the subject to
be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
to be considered during the closed meeting. A closed meeting must be tape recorded at the
expense of the governing body, and the recording must be preserved for at least four years.