HF 2217

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to mediation; regulating mediation meetings 
  1.3             of public bodies; amending Minnesota Statutes 1996, 
  1.4             section 471.705, by adding a subdivision. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 471.705, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 1f.  [MEDIATION MEETINGS.] Subdivision 1 does not 
  1.9   apply to a meeting held according to this subdivision.  If a 
  1.10  public body has, pursuant to an action taken at a public 
  1.11  meeting, entered into an agreement to mediate, as defined by 
  1.12  section 572.33, subdivision 3, it may conduct closed meetings 
  1.13  for the purpose of developing and negotiating a mediated 
  1.14  settlement agreement, as defined in section 572.33, subdivision 
  1.15  4, to be proposed to the public body at an open meeting.  The 
  1.16  time of commencement and place of the closed meeting must be 
  1.17  announced at the public meeting at which the agreement to 
  1.18  mediate was considered and approved.  A written roll of members 
  1.19  and all other persons present at the closed meeting must be made 
  1.20  available to the public after the closed meeting.  The 
  1.21  statements made and documents produced during the mediation 
  1.22  proceedings are not subject to discovery, and are inadmissible 
  1.23  as evidence in any proceeding, except as otherwise discoverable 
  1.24  or admissible by law.  The notes, records, and recollection of 
  1.25  the mediator are private and must be protected from disclosure, 
  2.1   unless required by law.  The mediated settlement agreement does 
  2.2   not bind the public body unless and until adopted, ratified, or 
  2.3   implemented by actions taken at a meeting open to the public.