HF 1616

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2021 03:27pm

A bill for an act
relating to the Open Meeting Law; allowing closed meetings to interview candidates
for the president of the University of Minnesota; amending Minnesota Statutes
2020, sections 13.43, subdivision 3; 13D.05, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 13.43, subdivision 3, is amended to read:

Subd. 3.

Applicant data.

Except for applicants described in subdivision 5, the following
personnel data on current and former applicants for employment by a government entity is
public: veteran status; relevant test scores; rank on eligible list; job history; education and
training; and work availability. Names of applicants shall be private data except when
certified as eligible for appointment to a vacancy or when applicants are considered by the
appointing authority to be finalists for a position in public employment. For purposes of
this subdivision, "finalist" means an individual who is selected to be interviewed by the
appointing authority prior to selection new text begin , except finalist does not include an individual who
is a candidate selected for an initial interview for the position of president of the University
of Minnesota by the Board of Regents new text end .

Sec. 2.

Minnesota Statutes 2020, 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 protected 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.

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.

new text begin (e) The Board of Regents of the University of Minnesota may hold closed meetings to
discuss candidates, conduct initial candidate interviews, and name a finalist or finalists for
the position of president of the University of Minnesota. The board must disclose in its
minutes the number of candidates interviewed. The closed proceedings must be recorded
at the expense of the University of Minnesota and preserved for two years after the date of
the meeting. Initial interview recordings of the candidate selected to be president of the
University of Minnesota must be made available to the public after that candidate's
employment agreement has been approved by the board. All other recordings under this
subdivision, including recordings of interviews with candidates not selected to be president
of the University of Minnesota, must not be made public.
new text end