Rules & Procedures 01-30-1995 - Laserfiche WebLink

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MUNICIPAL RIGHTS, POWERS, DUTIES § 471.705 (d) Recessed or continued meetings. If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous • meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. For purposes of this-clause,the term"meeting"includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. (e) Closed meetings. The notice requirements of this subdivision apply to closed meetings. (f) State agencies. For a meeting of an agency, board, commission, or department of the state,(i)the notice requirements of this subdivision apply only if a statute governing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice, and (ii) all provisions of this subdivision relating to publication shall be satisfied by publication ih the State Register. (g) Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this subdivision are satisfied with respect to that person, regardless of the method of receipt of notice. Subd. ld. Treatment of data classified as not public. (a).Except as provided in this section, meetings may not be closed to discuss data that are not public data. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. .Data discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. (b) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: (1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision 5, or internal affairs data relating to allegations of law enforcementpersonnel misconduct collected or created by a state agency, statewide system, or political subdivision; or • (3) educational data,health data,medical data,welfare data, or mental health data that are not public data under section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7. (c) A public body shall close one or more meetings for preliminary consideration of allegations 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 allegations,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. le. 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 subject 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 penalty may be brought by any person in any court of competent jurisdiction where the administrative 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 anyfurther right to serve on such 31 . •