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• § 471705 MUNICIPAL RIGHTS, POWERS, DUTIES <br /> governing body or in any other capacity with such public body for a period of time equal to <br /> the term of office such person was then serving. The court determining the merits of any <br /> action in connection with any alleged third violation shall receive competent,relevant evidence <br /> in connection therewith and, upon finding as to the occurrence of a separate third violation, <br /> unrelated to the previous violations issue its order declaring the position vacant and notify the <br /> appointing authority or clerk of the governing body. As soon as practicable thereafter the <br /> appointing authority or the governing body shall fill the position as in the case of any other <br /> vacancy. <br /> (b) In addition to other remedies, the court may award reasonable costs, disbursements, <br /> and reasonable attorney fees of up to $13,000 to any party in an action under this section. <br /> The court may award costs and attorney fees to a defendant only if the court finds that the <br /> action under this section was frivolous and without merit. A public body may pay any costs, <br /> disbursements, or attorney fees incurred by or awarded against any of its members in an <br /> action under this section. <br /> (c) No monetary penalties or attorney fees may be awarded against a member of a public <br /> body unless the court finds that there was a specific intent to violate this section. <br /> Subd. 3. Citation. This section may be cited as the "Minnesota open meeting law". <br /> Amended by Laws 1994, c. 618, art. 1, § 39. <br /> • <br />