Minnesota Legislature
HF 4136
as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 02:55pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/21/2024 |
Current Version - as introduced
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A bill for an act
relating to open meeting law; strengthening sanctions for noncompliance with the
open meeting law; providing a civil action; providing civil penalties; amending
Minnesota Statutes 2022, sections 13D.05, subdivisions 1, 3; 13D.06, subdivisions
1, 3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 13D.05, subdivision 1, is amended to read:
Subdivision 1.
General principles.
(a) Except as provided in this chapter, meetings may
not be closed to discuss data that are not public data.
(b) Data that are not public data may be discussed at a meeting subject to this chapter
without liability or penalty, if the disclosure relates to a matter within the scope of the public
body's authority and is reasonably necessary to conduct the business or agenda item before
the public body.
(c) Data discussed at an open meeting retain the data's original classification; however,
a record of the meeting, regardless of form, shall be public.
(d) All closed meetingsdeleted text begin , except those closed as permitted by the attorney-client privilege,deleted text end
must be electronically recorded at the expense of the public body. Unless otherwise provided
by law, the recordings must be preserved for at least three years after the date of the meeting.
Sec. 2.
Minnesota Statutes 2022, 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 deleted text begin or permitted
by the attorney-client privilegedeleted text end .
new text begin
(c) A meeting may be closed if permitted by the attorney-client privilege. The proceedings
of a meeting closed under this paragraph must be recorded at the expense of the public body.
A public body must identify on the record the legal issue or case to be discussed prior to
closing a meeting under this paragraph. Any person may bring an action claiming that a
public body closed a meeting in violation of this paragraph or discussed public business not
permitted by attorney-client privilege. The court may review the recording of the meeting
in camera.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end 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.
deleted text begin (d)deleted text end new text begin (e)new text end 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.
Sec. 3.
Minnesota Statutes 2022, section 13D.06, subdivision 1, is amended to read:
Subdivision 1.
Personal liability deleted text begin for $300deleted text end fine.
Any person who intentionally violates
this chapter deleted text begin shall bedeleted text end new text begin isnew text end subject to personal liability in the form of a civil penalty in an amount
not to exceed deleted text begin $300deleted text end new text begin $1,000new text end for deleted text begin a single occurrence, whichdeleted text end new text begin the first violation and $1,200 for
any subsequent violation. The finenew text end may not be paid by the public body.
Sec. 4.
Minnesota Statutes 2022, section 13D.06, subdivision 3, is amended to read:
Subd. 3.
Forfeit office if three violations.
(a) If a person has been found to have
deleted text begin intentionally violated this chapter indeleted text end new text begin committednew text end three or more deleted text begin actions brought underdeleted text end new text begin separate,
intentional violations ofnew text end this chapter involving the same governing body, such person shall
forfeit any further right to serve on such governing body or in any other capacity with such
public body for a period of time equal to the term of office such person was then serving.
(b) The court determining the merits of any action in connection with any alleged third
violation shall receive competent, relevant evidence in connection therewith and, upon
finding as to the occurrence of a separate third violation, deleted text begin unrelated to the previous violations,deleted text end
issue its order declaring the position vacant and notify the appointing authority or clerk of
the governing body.
(c) As soon as practicable thereafter the appointing authority or the governing body shall
fill the position as in the case of any other vacancy.
Sec. 5.
Minnesota Statutes 2022, section 13D.06, subdivision 4, is amended to read:
Subd. 4.
Costs; attorney fees; requirements; limits.
(a) In addition to other remedies,
the court may award reasonable costs, disbursements, and reasonable attorney fees deleted text begin of up to
$13,000deleted text end to deleted text begin any partydeleted text end new text begin the prevailing plaintiffnew text end in an action under this chapter.
(b) The court may award costs and attorney feesnew text begin up to $10,000new text end to a defendant only if
the court finds that the action under this chapter was frivolous and without merit.
(c) A public body may pay any costs, disbursements, or attorney fees incurred by or
awarded against any of its members in an action under this chapter.
(d) No monetary penalties or attorney fees may be awarded against a member of a public
body unless the court finds that there was an intent to violate this chapter.
(e) The court shall award reasonable attorney fees to a prevailing plaintiff who has
brought an action under this section if the public body that is the defendant in the action
was also the subject of a prior written opinion issued under section 13.072, and the court
finds that the opinion is directly related to the cause of action being litigated and that the
public body did not act in conformity with the opinion. The court shall give deference to
the opinion in a proceeding brought under this section.