2001 Minnesota Statutes

     13D.05 Meetings having data classified as not public. 

    Subdivision 1.    General principles.  (a) Except as 
 provided in this chapter, meetings may not be closed to discuss 
 data that are not public data.  

    (b) Data that are not public data may be discussed at a 
 meeting subject to this chapter without liability or penalty, if 
 the disclosure relates to a matter within the scope of the 
 public body's authority and is reasonably necessary to conduct 
 the business or agenda item before the public body.  

    (c) Data discussed at an open meeting retain the data's 
 original classification; however, a record of the meeting, 
 regardless of form, shall be public. 

    Subd. 2.    When meeting must be closed.  (a) Any 
 portion of a meeting must be closed if expressly required by 
 other law or if the following types of data are discussed: 

    (1) data that would identify alleged victims or reporters 
 of criminal sexual conduct, domestic abuse, or maltreatment of 
 minors or vulnerable adults; 

    (2) active investigative data as defined in section 13.82, 
 subdivision 5, or internal affairs data relating to allegations 
 of law enforcement personnel misconduct collected or created by 
 a state agency, statewide system, or political subdivision; or 

    (3) educational data, health data, medical data, welfare 
 data, or mental health data that are not public data under 
 section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, 
 subdivision 2 or 7.  

    (b) A public body shall close one or more meetings for 
 preliminary consideration of allegations or charges against an 
 individual subject to its authority.  If the members conclude 
 that discipline of any nature may be warranted as a result of 
 those specific charges or allegations, further meetings or 
 hearings relating to those specific charges or allegations held 
 after that conclusion is reached must be open.  A meeting must 
 also be open at the request of the individual who is the subject 
 of the meeting.  

    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. 

    HIST: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 
 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 
 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 
 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 
 1994 c 618 art 1 s 39; 1997 c 154 s 2; 1999 c 227 s 22