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CHAPrER 7 <br />Minn. Star. ~ 130.06, $Und. a. If a party prevails in a lawsuit under the open meeting law, an award of <br />reasonable attorney fees is mandatory if the court determines that the public <br />body was the subject of a prior written advisory opinion from the <br />commissioner of the Department of Administration, and the court finds that <br />the opinion is directly related to the lawsuit and that the public body did not <br />act in conformity with the opinion. A court is required to give deference to <br />the advisory opinion. <br />Mi~,n. Stat. ~ 13U.06, S,~bd. -1 No monetary penalties or attorney fees may be awarded against a member <br />Id}; Cval,vell v. ;wu,~rrN. No. <br />ci;-9,-2~t36 !Minn. ct. App. of a ublic bod unless the court finds there was intent to violate the o en <br />P Y P <br />Aug 6. 1996} (unpublished meeting law. <br />decision). <br />Minn. Stat.~~' I3r).06, subd. 3 If a person is found to have intentionally violated the open meeting law in <br />l a 1; Brown v. Cannon Fufls <br />Tc»~~„sJ,;/>, rs N.v~•.2a s 1 <br />three or more separate actions involving the same governing body, that <br />1n-!inn. ct. App. 20061, person must forfeit any further right to serve on the governing body or in <br /> any other capacity with the public body for a period of time equal to the <br /> term of office the person was serving. <br />Minn. star. 130,06, snha. 3 If a court finds a separate, third violation that is unrelated to the previous <br />1h1 violations, it must declare the position vacant and notify the appointing <br /> authority or clerk of the governing body. As soon as practicable, the <br /> appointing authority or governing body shall fill the position as in the case <br /> of any other vacancy. <br />blinn. Cons!. att. VIII- ~ s. Under the Minnesota Constitution, the Legislature may provide for the <br />.lacvbsen r. ;Vrrgel, zss Minn. removal of public officials for malfeasance or nonfeasance. To constitute <br />300, 96 N.w.2d s69 (Minn. <br />1959). malfeasance or nonfeasance, a public official's conduct must affect the <br /> performance of official duties and must relate to something of a substantial <br /> nature directly affecting the rights and interests of the public. <br />,Iacr>bs~e„ ~. ;VaRe/, 255 Minn. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is <br />300, 96 N.w.2d s69 (Minn. <br />1959); Cland~ r. Collins, 518 described as ne lect or refusal without sufficient excuse, to erform what <br />g ~ P <br />N.w.2a s36 (Minn. 1994), is a public officer's legal duty to perform. More likely than not, a violation <br /> of the open meeting law would be in the nature of nonfeasance. Although <br /> good faith does not nullify an open-meeting-law vielation, good faith is <br /> relevant in determining whether a violation amounts to nonfeasance. <br />.Sullivan v. C:reciit Ricer Minnesota courts have generally refused to invalidate actions taken at an <br />Tv,vnchip, 299 Minn. 170, 217 <br />N.W.2d 502 (Minn. 1974); In re improperly closed meeting. <br />D ~ A Truck I ine, lne.. 5_^4 <br />N.W2d 1 (Minn. Ct. App. <br />1994); Lac Our Pcrrle-1 ellow <br />bank If'atershed Dist. ,•. <br />1VolJschlager: No. C6-96-1023 <br />(Minn. Ct. App. Nov. 12. 1996) <br />(unpublished decision). <br />HANDBOOK FOR MINNESOTA CrrIES This chapter last revised 12/2010 7:15 <br />