SF 2838

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public meetings; authorizing public 
  1.3             meetings to be closed under certain circumstances to 
  1.4             discuss security issues; amending Minnesota Statutes 
  1.5             2000, section 13D.05, subdivision 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, 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, including financial information, and to discuss 
  1.21  issues related to security systems, emergency response 
  1.22  procedures, and security deficiencies in public services, 
  1.23  infrastructure, and facilities, if the public body reasonably 
  1.24  determines that disclosure would cause harm to public safety.  
  1.25  The public body must make the decision to close a meeting under 
  2.1   this paragraph at a public meeting, and shall identify the 
  2.2   specific threat to public safety which exists.  Financial issues 
  2.3   related to security matters must be discussed and all related 
  2.4   financial decisions must be made at an open meeting.  The 
  2.5   proceedings of a closed meeting to discuss security information 
  2.6   must be tape recorded at the expense of the public body.  The 
  2.7   recording becomes public data two years after the date of the 
  2.8   closed meeting, unless it is released sooner or it becomes 
  2.9   public under chapter 13, or unless the public body obtains a 
  2.10  protective order from a court based on a showing that making the 
  2.11  recording public would cause harm to public safety.  The 
  2.12  recording must be preserved for at least four years after the 
  2.13  date of the closed meeting. 
  2.14     [EFFECTIVE DATE.] This section is effective July 1, 2002, 
  2.15  and will expire on June 30, 2004.