HF 2093

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; authorizing a public body to 
  1.3             close a meeting to negotiate the purchase or sale of 
  1.4             real or personal property and to tape-record the 
  1.5             closed meeting; amending Minnesota Statutes 2002, 
  1.6             section 13D.05, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 13D.05, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
  1.11  may close a meeting to evaluate the performance of an individual 
  1.12  who is subject to its authority.  The public body shall identify 
  1.13  the individual to be evaluated prior to closing a meeting.  At 
  1.14  its next open meeting, the public body shall summarize its 
  1.15  conclusions regarding the evaluation.  A meeting must be open at 
  1.16  the request of the individual who is the subject of the meeting. 
  1.17     (b) Meetings may be closed if the closure is expressly 
  1.18  authorized by statute or permitted by the attorney-client 
  1.19  privilege. 
  1.20     (c) A public body may close a meeting: 
  1.21     (1) to determine the asking price for real or personal 
  1.22  property to be sold by the government entity and strategy 
  1.23  relating to that sale; 
  1.24     (2) to review confidential or nonpublic appraisal data 
  1.25  under section 13.44, subdivision 3; and 
  1.26     (3) to develop or consider offers or counteroffers for the 
  2.1   purchase or sale of real or personal property and strategy 
  2.2   relating to that sale or purchase.  
  2.3      The proceedings of a meeting closed under this paragraph 
  2.4   shall be tape-recorded at the expense of the public body.  The 
  2.5   recording shall be preserved for two years after the date of the 
  2.6   meeting and shall be made available to the public after all real 
  2.7   or personal property discussed at that meeting has been 
  2.8   purchased or sold or the governing body has abandoned that 
  2.9   purchase or sale.  If an action is brought claiming that public 
  2.10  business other than discussions allowed under this paragraph was 
  2.11  transacted at a closed meeting held pursuant to this paragraph 
  2.12  during the time when the tape is not available to the public, 
  2.13  the provisions of section 13D.03, subdivision 3, shall be 
  2.14  applicable. 
  2.15  The actual purchase or sale must be approved at an open meeting 
  2.16  and the purchase price or sale price is public data. 
  2.17     [EFFECTIVE DATE.] This section is effective the day 
  2.18  following final enactment.