HF 2138

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the open meeting law; permitting closed 
  1.3             meetings to discuss security information under certain 
  1.4             circumstances; amending Minnesota Statutes 2002, 
  1.5             section 13D.05, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 13D.05, 
  1.8   subdivision 3, is amended to read: 
  1.9      Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
  1.10  may close a meeting to evaluate the performance of an individual 
  1.11  who is subject to its authority.  The public body shall identify 
  1.12  the individual to be evaluated prior to closing a meeting.  At 
  1.13  its next open meeting, the public body shall summarize its 
  1.14  conclusions regarding the evaluation.  A meeting must be open at 
  1.15  the request of the individual who is the subject of the meeting. 
  1.16     (b) Meetings may be closed if the closure is expressly 
  1.17  authorized by statute or permitted by the attorney-client 
  1.18  privilege. 
  1.19     (c) Meetings may be closed to receive security briefings 
  1.20  and reports, to discuss issues related to security systems, to 
  1.21  discuss emergency response procedures if they are unrelated to 
  1.22  medical treatment, vaccination, medical testing, health 
  1.23  surveillance, isolation, or quarantine of individuals, and to 
  1.24  discuss security deficiencies in public services, infrastructure 
  1.25  and facilities, if disclosure of the information discussed would 
  2.1   pose a clear danger to public safety.  Financial issues related 
  2.2   to security matters must be discussed and all related financial 
  2.3   decisions must be made at an open meeting.  The proceedings of a 
  2.4   closed meeting to discuss security information must be 
  2.5   tape-recorded at the expense of the public body.  The recording 
  2.6   must be preserved for two years after the date of the closed 
  2.7   meeting, but the recording must be destroyed after two years 
  2.8   have elapsed from the date of the closed meeting. 
  2.9      [EFFECTIVE DATE.] This section is effective the day 
  2.10  following final enactment.