9.A-B. PRSR 02-10-1999 - Laserfiche WebLink

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471.705 MUNICIPAL RIGHTS.POWERS,DUTIES 1204 • (c)A public body shall close one or more meetings for preliminary consideration of al- legations or charges against an individual subject to its authority.If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allega- tions,further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open.A meeting must also be open at the request of the individual who is the subject of the meeting. (d)A public body may close a meeting to evaluate the performance of an individual who - is subject to its authority.The public body shall identify the individual to be evaluated prior to closing a meeting.At its next open meeting,the public body shall summarize its conclusions regarding the evaluation.A meeting must be open at the request of the individual who is the subject of the meeting. (e)Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney—client privilege. Subd. 1 e.Reasons for closing a meeting.Before closing a meeting,a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd.2.Penalties.(a)Any person who intentionally violates this section shall be sub- ject to personal liability in the form of a civil penalty in an amount not to exceed$300 for a single occurrence,which may not be paid by the public body.An action to enforce this penal- ty may be brought by any person in any court of competent jurisdiction where the administra- tive office of the governing body is located.If a person has been found to have intentionally violated this section in three or more actions brought under this section involving the same governing body,such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving.The court determining the merits of any action in connection with any alleged third violation shall receive competent. relevant evidence in connection therewith and,upon finding as to the occurrence of a separate third violation,unrelated to the • previous violations issue its order declaring the position vacant and notify the appointing au- thority or clerk of the governing body.As soon as practicable thereafter the appointing au- thority or the governing body shall fill the position as in the case of any other vacancy. (b)In addition to other remedies,the court may award reasonable costs,disbursements, and reasonable attorney fees of up to$13,000 to any party in an action under this section.The court may award costs and attorney fees to a defendant only if the court finds that the action under this section was frivolous and without merit.A public body may pay any costs,dis- bursements.or attorney fees incurred by or awarded against any of its members in an action under this section. (c)No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was a specific intent to violate this section. Subd.3. Citation.This section may be cited as the"Minnesota Open Meeting Law." History: 1957 c 773 s 1; 1967 c 462 s 1: 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c 680 s 1,3; 1975 c 271 s 6; 1981 c 174 s 1: 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12: 1991 c 319 s 22; 1994 c618art 1 s39; 1997c 154s2 471.707 LICENSE FEES;NOTICE. A home rule charter or statutory city or a town increase the fee for a license to own or ope : -a vending machine or to dispense goods. services therefrom only after notice and hearing on •- matter.Mailed notice of the pr..osed change shall be sent to the persons al- ready licensed a -ast 30 days before the : ring.This section supersedes any inconsistent provision of other la •r charter. History: 1984 c 393 471.71 DEFINITIONS. Subdivision 1.Ter 1 For the purpo z of sections 471.71 to 471.83 the terms defined in this section shall '.ve the meanings ascri to them unless the context otherwise re- ", quires.