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CHAPTER 7 <br />Minn. Smt I so ob, s~bd ; 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 Deparhnent 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 />Minn. star g i 30 or,, s~nd.4 No monetary penalties or attomey fees may be awarded against a member <br />ul); c<~„n~~en,~. Mw,~gv. Nn <br />Cb-9~-2436 (A1 inn. CI. .App. of a public body unless the court finds there was intent to violate the open <br />Aug 6. 19961 (unpublished meeting law. <br />decision). <br />Minn. star. g unrM, subd. 3 If a person is found to have intentionally violated the open meeting law in <br />la); Braun r. Cannon FoAs <br />Ttnvnrhip, T 3 N. W.2d 31 three or more se orate actions involvin the same ovemin bod ,that <br />P g g g y <br />inainn. ct. App. 2ooe1. 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 />Mmn. star ; laoob, mbd. 3 If a court finds a separate <br />third violation that is unrelated to the previous <br />'nl , <br />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 />Nunn. cons[. an. val. s Under the Minnesota Constitution, the Legislature may provide for the <br />.meunrrn e. .angel, zss Minn. removal of public officials for malfeasance or nonfeasance. To constitute <br />300, 96 N.W.2d 569 (Minn. <br />1959). malfeasanee Or ^OnfeaSance, 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 />do«,nre,~ v. xrcge/, 255 Minn. "Malfeasance" refers to evil conduct or an illegal deed. "Nonfeasance" is <br />700, 96 N. W.2d 569 (Minn <br />1959); Claude r. <"'ollircc, 518 desCItbed a5 Re lect or refusal, without sufficient excuse, to erform what <br />g P <br />N.w.zd 836 (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-!aw violation, good faith is <br /> relevant in determining whether a violation amounts to nonfeasance. <br />s„r/lvarc v credo B;, er Minnesota courts have generally refused to invalidate actions taken at an <br />Tmm~shiy, 299 Mmn. 170, 217 <br />N.W.2d 502 (Minn, 1974); /n re <br />improperly closed meeting. <br />n R a track L/ne, n,e.. sa <br />N.w2d I (Mmn. Ct. App. <br />1994); Luc Oui Pnrle-}'r//rnv <br />Bank H'urrrrhed Dist r. <br />11'nllscninger. No. Cb-96-I 1123 <br />I Nlinn. Ct. App. Nov. 12. 1996) <br />(unpublished decision). <br />HANDBOOK FORMMNESOTA CRIES This chapter last mvised 122010 T.IS <br />