1998 Minnesota Statutes

     471.705 Meetings of governing bodies; open to public; 
  exceptions. 

    Subdivision 1.    Presumption of openness.  (a) Except 
 as otherwise expressly provided by statute, all meetings, 
 including executive sessions, of a state agency, board, 
 commission, or department, when required or permitted by law to 
 transact public business in a meeting, and the governing body of 
 a school district however organized, unorganized territory, 
 county, statutory or home rule city, town, or other public body, 
 and of any committee, subcommittee, board, department, or 
 commission of a public body must be open to the public, except 
 meetings of the commissioner of corrections.  The votes of the 
 members of the state agency, board, commission, or department or 
 of the governing body, committee, subcommittee, board, 
 department, or commission on an action taken in a meeting 
 required by this subdivision to be open to the public must be 
 recorded in a journal kept for that purpose, and the journal 
 must be open to the public during all normal business hours 
 where records of the public body are kept.  The vote of each 
 member must be recorded on each appropriation of money, except 
 for payments of judgments, claims, and amounts fixed by 
 statute.  This section does not apply to a state agency, board, 
 or commission when it is exercising quasi-judicial functions 
 involving disciplinary proceedings. 

    (b) A meeting governed by this subdivision may be conducted 
 by interactive television so long as: 

    (1) all members of the body participating in the meeting, 
 wherever their physical location, can hear and see one another 
 and can hear and see all discussion and testimony presented at 
 any location at which at least one member is present; 

    (2) members of the public present at the regular meeting 
 location of the body can hear and see all discussion and 
 testimony and all votes of members of the body; 

    (3) at least one member of the body is physically present 
 at the regular meeting location; and 

    (4) each location at which a member of the body is present 
 is open and accessible to the public. 

    (c) Each member of a body participating in a meeting by 
 electronic means is considered present at the meeting for 
 purposes of determining a quorum and participating in all 
 proceedings. 

    (d) If interactive television is used to conduct a meeting, 
 to the extent practical, a public body shall allow a person to 
 monitor the meeting electronically from a remote location.  The 
 body may require the person making such a connection to pay for 
 documented marginal costs that the public body incurs as a 
 result of the additional connection. 

    (e) If interactive television is used to conduct a regular, 
 special, or emergency meeting, the public body shall provide 
 notice of the regular meeting location and notice of any site 
 where a member of the public body will be participating in the 
 meeting by interactive television.  The timing and method of 
 providing notice must be as described in subdivision 1c. 

    Subd. 1a.    Labor negotiations.  Subdivision 1 does not 
 apply to a meeting held pursuant to the procedure in this 
 subdivision.  The governing body of a public employer may by a 
 majority vote in a public meeting decide to hold a closed 
 meeting to consider strategy for labor negotiations, including 
 negotiation strategies or developments or discussion and review 
 of labor negotiation proposals, conducted pursuant to sections 
 179A.01 to 179A.25.  The time of commencement and place of the 
 closed meeting shall be announced at the public meeting.  A 
 written roll of members and all other persons present at the 
 closed meeting shall be made available to the public after the 
 closed meeting.  The proceedings of a closed meeting to discuss 
 negotiation strategies shall be tape-recorded at the expense of 
 the governing body.  The recording shall be preserved for two 
 years after the contract is signed and shall be made available 
 to the public after all labor contracts are signed by the 
 governing body for the current budget period.  

    If an action is brought claiming that public business other 
 than discussions of labor negotiation strategies or developments 
 or discussion and review of labor negotiation proposals was 
 transacted at a closed meeting held pursuant to this subdivision 
 during the time when the tape is not available to the public, 
 the court shall review the recording of the meeting in camera.  
 If the court finds that this subdivision was not violated, the 
 action shall be dismissed and the recording shall be sealed and 
 preserved in the records of the court until otherwise made 
 available to the public pursuant to this subdivision.  If the 
 court finds that this subdivision was violated, the recording 
 may be introduced at trial in its entirety subject to any 
 protective orders as requested by either party and deemed 
 appropriate by the court.  

    Subd. 1b.    Written materials.  In any meeting which 
 under subdivision 1 must be open to the public, at least one 
 copy of any printed materials relating to the agenda items of 
 the meeting prepared or distributed by or at the direction of 
 the governing body or its employees and:  

    (1) distributed at the meeting to all members of the 
 governing body; 

    (2) distributed before the meeting to all members; or 

    (3) available in the meeting room to all members 

 shall be available in the meeting room for inspection by the 
 public while the governing body considers their subject matter.  
 This subdivision does not apply to materials classified by law 
 as other than public as defined in chapter 13, or to materials 
 relating to the agenda items of a closed meeting held in 
 accordance with the procedures in subdivision 1a or other law 
 permitting the closing of meetings.  

    Subd. 1c.    Notice of meetings.  (a)    Regular 
 meetings.  A schedule of the regular meetings of a public body 
 shall be kept on file at its primary offices.  If a public body 
 decides to hold a regular meeting at a time or place different 
 from the time or place stated in its schedule of regular 
 meetings, it shall give the same notice of the meeting that is 
 provided in this subdivision for a special meeting.  

    (b)    Special meetings.  For a special meeting, except 
 an emergency meeting or a special meeting for which a notice 
 requirement is otherwise expressly established by statute, the 
 public body shall post written notice of the date, time, place, 
 and purpose of the meeting on the principal bulletin board of 
 the public body, or if the public body has no principal bulletin 
 board, on the door of its usual meeting room.  The notice shall 
 also be mailed or otherwise delivered to each person who has 
 filed a written request for notice of special meetings with the 
 public body.  This notice shall be posted and mailed or 
 delivered at least three days before the date of the meeting.  
 As an alternative to mailing or otherwise delivering notice to 
 persons who have filed a written request for notice of special 
 meetings, the public body may publish the notice once, at least 
 three days before the meeting, in the official newspaper of the 
 public body or, if there is none, in a qualified newspaper of 
 general circulation within the area of the public body's 
 authority.  A person filing a request for notice of special 
 meetings may limit the request to notification of meetings 
 concerning particular subjects, in which case the public body is 
 required to send notice to that person only concerning special 
 meetings involving those subjects.  A public body may establish 
 an expiration date for requests for notices of special meetings 
 pursuant to this paragraph and require refiling of the request 
 once each year.  Not more than 60 days before the expiration 
 date of a request for notice, the public body shall send notice 
 of the refiling requirement to each person who filed during the 
 preceding year.  

    (c)    Emergency meetings.  For an emergency meeting, 
 the public body shall make good faith efforts to provide notice 
 of the meeting to each news medium that has filed a written 
 request for notice if the request includes the news medium's 
 telephone number.  Notice of the emergency meeting shall be 
 given by telephone or by any other method used to notify the 
 members of the public body.  Notice shall be provided to each 
 news medium which has filed a written request for notice as soon 
 as reasonably practicable after notice has been given to the 
 members.  Notice shall include the subject of the meeting.  
 Posted or published notice of an emergency meeting shall not be 
 required.  An "emergency" meeting is a special meeting called 
 because of circumstances that, in the judgment of the public 
 body, require immediate consideration by the public body.  If 
 matters not directly related to the emergency are discussed or 
 acted upon at an emergency meeting, the minutes of the meeting 
 shall include a specific description of the matters.  The notice 
 requirement of this paragraph supersedes any other statutory 
 notice requirement for a special meeting that is an emergency 
 meeting.  

    (d)    Recessed or continued meetings.  If a meeting is 
 a recessed or continued session of a previous meeting, and the 
 time and place of the meeting was established during the 
 previous meeting and recorded in the minutes of that meeting, 
 then no further published or mailed notice is necessary.  For 
 purposes of this clause, the term "meeting" includes a public 
 hearing conducted pursuant to chapter 429 or any other law or 
 charter provision requiring a public hearing by a public body.  

    (e)    Closed meetings.  The notice requirements of this 
 subdivision apply to closed meetings.  

    (f)    State agencies.  For a meeting of an agency, 
 board, commission, or department of the state, (i) the notice 
 requirements of this subdivision apply only if a statute 
 governing meetings of the agency, board, or commission does not 
 contain specific reference to the method of providing notice, 
 and (ii) all provisions of this subdivision relating to 
 publication shall be satisfied by publication in the State 
 Register.  

    (g)    Actual notice.  If a person receives actual 
 notice of a meeting of a public body at least 24 hours before 
 the meeting, all notice requirements of this subdivision are 
 satisfied with respect to that person, regardless of the method 
 of receipt of notice.  

    Subd. 1d.    Treatment of data classified as not public. 
  (a) Except as provided in this section, meetings may not be 
 closed to discuss data that are not public data.  Data that are 
 not public data may be discussed at a meeting subject to this 
 section 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.  Data discussed at an open meeting 
 retain the data's original classification; however, a record of 
 the meeting, regardless of form, shall be public. 

    (b) 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, 13.38, 13.42, or 13.46, subdivision 2 or 7.  

    (c) 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.  

    (d) 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.  

    (e) Meetings may be closed if the closure is expressly 
 authorized by statute or permitted by the attorney-client 
 privilege. 

    Subd. 1e.    Reasons for closing a meeting.  Before 
 closing a meeting, a public body shall state on the record the 
 specific grounds permitting the meeting to be closed and 
 describe the subject to be discussed. 

    Subd. 2.    Penalties.  (a) Any person who intentionally 
 violates this section 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.  
 An action to enforce this penalty may be brought by any person 
 in any court of competent jurisdiction where the administrative 
 office of the governing body is located.  If a person has been 
 found to have intentionally violated this section in three or 
 more actions brought under this section 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.  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.  As soon as 
 practicable thereafter the appointing authority or the governing 
 body shall fill the position as in the case of any other vacancy.

    (b) 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 section.  The 
 court may award costs and attorney fees to a defendant only if 
 the court finds that the action under this section was frivolous 
 and without merit.  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 section. 

    (c) 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 section. 

    Subd. 3.    Citation.  This section may be cited as the 
 "Minnesota Open Meeting Law." 

    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