5.1. ERMUSR 03-08-2011 - Laserfiche WebLink

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If council members are engaged in direct electronic discussions, it's probably best to limit it to only two members. A "no fo ardin and no copying" rule might be a good way to make sure the Minnesota Open Meeting Law isn't unintentiona y violated through electronic conversation. Finally, be careful when council members participate in a listserv, chatroom, forums and social media. Because these groups may include a quorum of your council, one council member's comments will be viewed by other members. If the topic has to do with city business and other council members reply, it could prove problematic under the Minnesota Open Meeting Law. Again, the city might consider a "no reply" sort of rule when it comes to these resources, or perhaps have council members send ideas for postings or responses to the city clerk or administrator to manage. Remember, too, that official city committees are subject to [he same open meeting requirements and should be similarly educated about correct electronic use. Regardless of precautions, there may be times when council members find themselves accused of violating the Minnesota Open Meeting Law, perhaps having unintentionally engaged in one of these sorts of conversations. One way to diffuse some concern is to immediately release copies of all electronic correspondence to anyone who wants to see it. While this doesn't negate the possible violation, it shows good faith and lack of specific intent to violate the law. Draft guidelines for electronic communications between council members Cities might decide to develop policies clarifying appropriate or preferred a-mail and electronic communications use by and between council members. Even if a city doesn't formally adopt a policy, the guidelines here might be helpful for any elected official or city board member to follow. The purpose of these drafr guidelines is to suggest how members of city councils and other city committees might communicate via email and electronic means. A city should review these draft guidelines along with its normal operating procedures, consult with the city attorney and determine the best course of action. Tom Grundhoefer /Greg Van Wormer 09/09