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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 276-S.F.No. 2114 
                  An act relating to education; authorizing a public 
                  body to close a meeting to negotiate the purchase or 
                  sale of real or personal property; amending Minnesota 
                  Statutes 2002, section 13D.05, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 13D.05, 
        subdivision 3, is amended to read: 
           Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
        may close a meeting to evaluate the performance of an individual 
        who is subject to its authority.  The public body shall identify 
        the individual to be evaluated prior to closing a meeting.  At 
        its next open meeting, the public body shall summarize its 
        conclusions regarding the evaluation.  A meeting must be open at 
        the request of the individual who is the subject of the meeting. 
           (b) Meetings may be closed if the closure is expressly 
        authorized by statute or permitted by the attorney-client 
        privilege. 
           (c) A public body may close a meeting: 
           (1) to determine the asking price for real or personal 
        property to be sold by the government entity; 
           (2) to review confidential or nonpublic appraisal data 
        under section 13.44, subdivision 3; and 
           (3) to develop or consider offers or counteroffers for the 
        purchase or sale of real or personal property.  
           Before holding a closed meeting under this paragraph, the 
        public body must identify on the record the particular real or 
        personal property that is the subject of the closed meeting.  
        The proceedings of a meeting closed under this paragraph must be 
        tape recorded at the expense of the public body.  The recording 
        must be preserved for eight years after the date of the meeting 
        and made available to the public after all real or personal 
        property discussed at the meeting has been purchased or sold or 
        the governing body has abandoned the purchase or sale.  The real 
        or personal property that is the subject of the closed meeting 
        must be specifically identified on the tape.  A list of members 
        and all other persons present at the closed meeting must be made 
        available to the public after the closed meeting.  If an action 
        is brought claiming that public business other than discussions 
        allowed under this paragraph was transacted at a closed meeting 
        held under this paragraph during the time when the tape is not 
        available to the public, section 13D.03, subdivision 3, applies. 
        An agreement reached that is based on an offer considered at a 
        closed meeting is contingent on approval of the public body at 
        an open meeting.  The actual purchase or sale must be approved 
        at an open meeting after the notice period required by statute 
        or the governing body's internal procedures, and the purchase 
        price or sale price is public data. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor May 18, 2004 
           Signed by the governor May 28, 2004, 7:50 a.m.