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CHAPTER 7 <br />c. Misconduct allegations or charges <br />Minn. Brat. ~ I sD os, 5m,a.. A public body must close one or mare meetings for `breliminarv <br />I(dt. 2 (~) consideration" of allegations or chazRes of misconduct against an <br />subject to its alanonty. a the members conclutle disclpune of any nature <br />may a wartante , u er meetings or hearings relating to the specific <br />charges or allegations [hat 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 [he 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 />bllnn. star g lands. subds <br />" A public body may close a meeting to evaluate the performance of an <br />na). 3,a) ;see <br />Employ« <br />Discipline and the Open individual who is subject to its authori .The ublic bod must identi the <br />~ Ty P y '7 <br />Meeting Lew," Minnesota individual to be evaluated prior to closing the meeting. At its next open <br />Cities, Sept. 1997 for more meeting, the public body must summazize its conclusions regazding the <br />inrortnation. 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 e]ectronically recorded, and the recording must be <br /> preserved far at least three years after the meeting. <br />e. Attorney-client privilege <br />Minn StnL : BROS. suhd 3 <br />in) <br />ilrnMerd 7krih Diepnr<~h, l.l.(' <br />n Oel+un. 693 N. W2d 335 <br />(Minn. Ct. .App 91101); Print <br />Luke Awrncon r. 1lndcr, bl^_ <br />N.W'.2d T91 Minn 2002); <br />h'onh+vesr Publicarians, lrr.: r. <br />Cin of.9. Penrl, 435 N.W.2d 64 <br />(Minn. Ct. APR 19891; <br />,liinnerryolis Smr' ct frihune r. <br />Hnnsirtg wai NrJNelnpmrnr <br />Authnri!Y in mrJ )or the Ci0~ of <br />,tiiunenpnhs. 251 N. W.2d 620 <br />(Minn. 1976). <br />A1inn. Smt C 13D.Oi, uihd. i <br />(~'I, <br />Stt Mina Stat 5 13.43. suha 3 <br />A meeting may be closed if permitted by the attomey-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 attomey-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 the strengt~an wea esses o a propose <br />~eTmg acUO- n t aTi t may give n- s~utwe Irttgahon. <br />f. Purchase or sale of real or personal property <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 />HANDarX1K FOR MQJNESOTA CRS This chapter latt revised 12/2010 7:13 <br />