SF 2080

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

  1.1                          A bill for an act 
  1.2             relating to local government; municipal utilities; 
  1.3             providing limited exceptions to data practices and 
  1.4             open meeting requirements; amending Minnesota Statutes 
  1.5             1996, section 471.705, subdivision 1d; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 13. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [13.512] [MUNICIPALITY DATA CLASSIFICATION.] 
  1.9      Data that are proprietary and related to a competitive 
  1.10  business operated by a municipal utility is nonpublic data. 
  1.11     Sec. 2.  Minnesota Statutes 1996, section 471.705, 
  1.12  subdivision 1d, is amended to read: 
  1.13     Subd. 1d.  [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC.] 
  1.14  (a) Except as provided in this section, meetings may not be 
  1.15  closed to discuss data that are not public data.  Data that are 
  1.16  not public data may be discussed at a meeting subject to this 
  1.17  section without liability or penalty, if the disclosure relates 
  1.18  to a matter within the scope of the public body's authority and 
  1.19  is reasonably necessary to conduct the business or agenda item 
  1.20  before the public body.  Data discussed at an open meeting 
  1.21  retain the data's original classification; however, a record of 
  1.22  the meeting, regardless of form, shall be public. 
  1.23     (b) Any portion of a meeting must be closed if expressly 
  1.24  required by other law or if the following types of data are 
  1.25  discussed: 
  1.26     (1) data that would identify alleged victims or reporters 
  2.1   of criminal sexual conduct, domestic abuse, or maltreatment of 
  2.2   minors or vulnerable adults; 
  2.3      (2) active investigative data as defined in section 13.82, 
  2.4   subdivision 5, or internal affairs data relating to allegations 
  2.5   of law enforcement personnel misconduct collected or created by 
  2.6   a state agency, statewide system, or political subdivision; or 
  2.7      (3) educational data, health data, medical data, welfare 
  2.8   data, or mental health data that are not public data under 
  2.9   section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7. 
  2.10     (c) A public body shall close one or more meetings for 
  2.11  preliminary consideration of allegations or charges against an 
  2.12  individual subject to its authority.  If the members conclude 
  2.13  that discipline of any nature may be warranted as a result of 
  2.14  those specific charges or allegations, further meetings or 
  2.15  hearings relating to those specific charges or allegations held 
  2.16  after that conclusion is reached must be open.  A meeting must 
  2.17  also be open at the request of the individual who is the subject 
  2.18  of the meeting.  
  2.19     (d) A public body may close a meeting to evaluate the 
  2.20  performance of an individual who is subject to its authority.  
  2.21  The public body shall identify the individual to be evaluated 
  2.22  prior to closing a meeting.  At its next open meeting, the 
  2.23  public body shall summarize its conclusions regarding the 
  2.24  evaluation.  A meeting must be open at the request of the 
  2.25  individual who is the subject of the meeting.  
  2.26     (e) Meetings may be closed if the closure is expressly 
  2.27  authorized by statute or permitted by the attorney-client 
  2.28  privilege. 
  2.29     (f) A public body may close a meeting to discuss data 
  2.30  related to municipal utility activities classified as nonpublic 
  2.31  under section 1.