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This includes ad-hoc committees such as the Growth Management <br /> Steering Committee, and any group which includes a quorum of the <br /> City Council . All meetings of such groups must be noticed and <br /> • open to the public . <br /> Meetings <br /> The open meeting law applies not only to official meetings of an <br /> affected group, but to any gathering of a quorum or more of the <br /> members of that group at which the members discuss, decide or <br /> receive information on issues relating to official business. For <br /> example, two members of a three member commission would be in <br /> violation of the open meeting law if they discussed official <br /> business at any time, even over the telephone . Likewise, a <br /> quorum of any body would be in violation of the open meeting law <br /> even if they were not discussing anything amongst themselves, but <br /> were merely receiving information from a staff member or an <br /> affected member of the public. <br /> Violations <br /> A violation of the requirements of the open meeting law exposes <br /> the affected public official to the civil penalties set forth <br /> above, and the possibility of incurring substantial attorneys ' <br /> fees defending a lawsuit. Good faith is not a defense to a <br /> violation of the open meeting law. This means that a city <br /> official can be liable for the penalties outlined above even if <br /> there was no intent to violate the open meeting law. For <br /> • instance, chance encounters of a quorum of a body at which <br /> official business is discussed or information received are in <br /> violation, even if there was no intent to violate the law. <br /> The City of Elk River has purchased insurance to protect its <br /> elected and appointed officials from personal liability for <br /> attorneys ' fees incurred in defending open meeting lawsuits . <br /> However, this insurance does not cover the civil penalties and <br /> does not insulate the official from forfeiture of office. <br /> Conclusion <br /> The state open meeting law is very broad and has been broadly <br /> construed by the state courts . Those of you who sit on any of <br /> the boards or commissions to which this memorandum is addressed <br /> should avoid discussing any City business at any time a quorum of <br /> your group is present . City staff should not transmit <br /> information to a quorum of any such body outside of an officially <br /> noticed meeting. Once again, I encourage each of you to consult <br /> me if you have any questions about the application of the state <br /> open meeting law to a specific situation. <br /> • <br /> 7 . <br /> PKB:JHSs <br />