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CHAPTER 7 <br />c. Misconduct allegations or charges <br />Minn. Stal. ~ 131.).115, sabds. A public body must close one or more meetings for "preliminary <br />I rol. 2 (b) , consideration" of allegations or charges of misconduct against an individual <br /> suT~'ect to lts authority. I 't a mem ers conclude discipline of any nature <br /> may a warrante er meetings or hearings relating to the specific <br /> charges or allegations that are held after that conclusion is reached must be <br /> open. This type of meeting must be open at the request of the individual <br /> who is the subject of the meeting. This type of meeting must be <br /> electronically recorded, and the recording must be preserved for at least <br /> three years after the meeting. <br /> d. Performance evaluations <br />Minn. star. ` 13D.11i. snbds. <br />" A public body may close a meeting to evaluate the performance of an <br />I Id). 3 (a) ;see <br />Employee <br />Discipline and the Open individual who is sub ect to its authori The ublic bod must identi the <br />~ ty• p y <br />Meeting Law," Minnesota individual to be evaluated prior to closing the meeting. At its next open <br />Cities, Sept. 1997 for more <br />information. meeting, the public body must summarize its conclusions regarding the <br /> evaluation. This type of meeting must be open at the request of the <br /> individual who is the subject of the meeting. If this type of meeting is <br /> closed, it must be electronically recorded, and the recording must be <br /> preserved for at least three years after the meeting. <br />e. Attorney-client privilege <br />Minn. Stal. ~ 13DA5, subd. 3 <br />(b). <br />Brninerri 1)cril,• f_1is7tcrlch, L1,C" <br />r. Dehen, f>93 N.~V.Zd -{35 <br />(Minn Ct. ;\pp 211f.15); Prinr <br />Lake .lmerram r.:iJnder, 6J2 <br />N.w.2d 72<~ (Minn. 2c1oz); <br />'a'arthrvesr Puhlicnrtarts, /rri:. r. <br />C'in~ of.St. Pcnrl, 435 N.W.2d 64 <br />(Minn. Ct. App. 1989); <br />,llinneapvlis SSar ~ Tribune r. <br />Nonsingwrd Redeveln~rment <br />AutlrnriN in and fnr the C.'iq~ of <br />A•firrnerrpolis, 251 N.W.2d 620 <br />(Minn. 1976). <br />A meeting may be closed if permitted by the attorney-client privilege. <br />Meetings between a governmental body and its attorney to discuss active or <br />threatened litigation may only be closed, under the attorney-client privilege, <br />when a balancing of the purposes served by the attorney-client privilege <br />against those served by the open meeting law dictates the need for absolute <br />confidentiality. The need for absolute confidentiality should relate to <br />litigation strategy, and will usually arise only after a substantive decision <br />on the underlying matter has already been made, This privilege may not be <br />abused to suppress public observations of the decision-making process, and <br />does not include situations where the council will be receiving general legal <br />opinions and advice on~n)2t s an wea esses o a propose <br />Uiltlerlymg aCAOn inai may give nSe iO rUTUie l1IlgaTlOn <br />Purchase or sale of real or personal property <br />Minn. Star. § 13D.05, subd. 3 <br />(~~. <br />See Minn. Star. ~ 13.4-3. subd..3. <br />A public body may close a meeting to: <br />• Determine the asking price for real or personal property to be sold by <br />the public body. <br />• Review confidential or protected nonpublic appraisal data. <br />• Develop or consider offers or counteroffers for the purchase or sale of <br />real or personal property. <br />HANDBOOK FOR MINNESOTA CrITES This chapter last revised 12/2010 7:13 <br />