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7.2. SR 01-18-2011
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7.2. SR 01-18-2011
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CHAPTER 7 <br />Minn. Stat.~~' 13D.05, snnd. 3 Before holding a closed meeting under this exception, the public body must <br />I`I~ identify on the record the particular real or personal property that is the <br /> subject of the closed meeting. The closed meeting must betape-recorded. <br /> The recording must be preserved for eight years, and must be made <br /> available to the public after all real or personal property discussed at the <br /> meeting has been purchased or sold, or after the public body has abandoned <br /> the purchase or sale. The real or personal property that is being discussed <br /> must be identified on the tape. A list of members and all other persons <br /> present at the closed meeting must be made available to the public after the <br /> closed meeting. The actual purchase or sale of the real or personal property <br /> must be approved at an open meeting, and the purchase or sale price is <br /> public data. <br /> g. Security reports <br />Minn. Stnl. 5 13D.05, subd. 3 Meetings may be closed to receive security briefings and reports, to discuss <br />(d>_ issues related to security systems, to discuss emergency-response <br /> procedures, and to discuss security deficiencies in or recommendations <br /> regarding public services, infrastructure, and facilities, if disclosure of the <br /> information would pose a danger to public safety or compromise security <br /> procedures or responses. Financial issues related to security matters must <br /> be discussed and all related financial decisions must be made at an open <br /> meeting. Before closing a meeting under this exception, the public body <br /> must when describing the subject to be discussed, refer to the facilities, <br /> systems, procedures, services or infrastructures to be considered during the <br /> closed meeting. The closed meeting must be tape-recorded, and the <br /> recording must be preserved for at least four years. <br /> 5. Penalties <br />Minn. 5tat. ~ 13D.oc, s~nd.l. Any person who intentionally violates the open meeting law is subject to <br /> personal liability in the form of a civil penalty of un to X300 for a single <br />cv~lnae,~. c~ui,rs, 518 N.W.2d occurrence. The public body may not pay the penalty. A court may take <br />836 (Minn. 1994). ^---~^ <br />into account a councilmember's time and experience in office to determine <br /> the amount of the civil penalty. <br />Minn. sn°~. s 13D.ii6. ~nba. z. An action to enforce this penalty may be brought by any person in any <br /> court of competent jurisdiction where the administrative office of the <br /> governing body is located. <br />Minn. Slat. $ 13D.06. subd. 4; The court may also award reasonable costs, disbursements, and attorney <br />See Upen :Llcering Laiv De%nsc~ <br />C.UV27'p$e, LMCrf risk <br />fees of up to $13,000 to any party in an action alleging a violation of the <br />management memo, for open meeting law. The court may award costs and attorney fees to a <br />information about insurance <br />coverage foropen-meeting-law defendant only if the action is found to be frivolous and without merit. A <br />violations. public body may pay any costs, disbursements, or attorney fees incurred by <br /> or awarded against any of its members. <br />7:14 This chapter last revised 12J2010 LEAGUE OF MINNESOTA CrrmS <br />
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