13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES.
Subdivision 1. Personal liability for $300 fine.
Any person who intentionally violates this
chapter shall be subject to personal liability in the form of a civil penalty in an amount not to
exceed $300 for a single occurrence, which may not be paid by the public body.
Subd. 2. Who may bring action; where.
An action to enforce the penalty in subdivision 1
may be brought by any person in any court of competent jurisdiction where the administrative
office of the governing body is located.
Subd. 3. Forfeit office if three violations.
(a) If a person has been found to have intentionally
violated this chapter in three or more actions brought under this chapter involving the same
governing body, such person shall forfeit any further right to serve on such governing body
or in any other capacity with such public body for a period of time equal to the term of office
such person was then serving.
(b) The court determining the merits of any action in connection with any alleged third
violation shall receive competent, relevant evidence in connection therewith and, upon finding as
to the occurrence of a separate third violation, unrelated to the previous violations, issue its order
declaring the position vacant and notify the appointing authority or clerk of the governing body.
(c) As soon as practicable thereafter the appointing authority or the governing body shall fill
the position as in the case of any other vacancy.
Subd. 4. Other remedies; requirements; limits.
(a) In addition to other remedies, the
court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000
to any party in an action under this chapter.
(b) The court may award costs and attorney fees to a defendant only if the court finds that
the action under this chapter was frivolous and without merit.
(c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded
against any of its members in an action under this chapter.
(d) No monetary penalties or attorney fees may be awarded against a member of a public
body unless the court finds that there was a specific intent to violate this chapter.
History: 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