SF 2114

2nd 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; amending Minnesota Statutes 
  1.5             2002, 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) A public body may close a meeting: 
  1.20     (1) to determine the asking price for real or personal 
  1.21  property to be sold by the government entity; 
  1.22     (2) to review confidential or nonpublic appraisal data 
  1.23  under section 13.44, subdivision 3; and 
  1.24     (3) to develop or consider offers or counteroffers for the 
  1.25  purchase or sale of real or personal property.  
  2.1      Before holding a closed meeting under this paragraph, the 
  2.2   public body must identify on the record the particular real or 
  2.3   personal property that is the subject of the closed meeting.  
  2.4   The proceedings of a meeting closed under this paragraph must be 
  2.5   tape recorded at the expense of the public body.  The recording 
  2.6   must be preserved for eight years after the date of the meeting 
  2.7   and made available to the public after all real or personal 
  2.8   property discussed at the meeting has been purchased or sold or 
  2.9   the governing body has abandoned the purchase or sale.  The real 
  2.10  or personal property that is the subject of the closed meeting 
  2.11  must be specifically identified on the tape.  A list of members 
  2.12  and all other persons present at the closed meeting must be made 
  2.13  available to the public after the closed meeting.  If an action 
  2.14  is brought claiming that public business other than discussions 
  2.15  allowed under this paragraph was transacted at a closed meeting 
  2.16  held under this paragraph during the time when the tape is not 
  2.17  available to the public, section 13D.03, subdivision 3, applies. 
  2.18  An agreement reached that is based on an offer considered at a 
  2.19  closed meeting is contingent on approval of the public body at 
  2.20  an open meeting.  The actual purchase or sale must be approved 
  2.21  at an open meeting after the notice period required by statute 
  2.22  or the governing body's internal procedures, and the purchase 
  2.23  price or sale price is public data. 
  2.24     [EFFECTIVE DATE.] This section is effective the day 
  2.25  following final enactment.