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MEMORANDUM <br />TO: Board of Commissioners <br />Elk River Municipal Utilities <br />FROM: Peter Beck, ERMU Attorney <br />DATE: Februazy 17, 2011 <br />RE: Minnesota Open Meeting Law <br />Minnesota Government Data Practices Act <br />Attached are some materials from the League of Minnesota Cities regazding the <br />Minnesota Open Meeting Law and the Minnesota Government Data Practices Act. With <br />respect to the Open Meeting Law, I have included an excerpt from the Handbook for <br />Minnesota Cities and a League Memorandum regarding electronic communications <br />between council members. With respect to the Data Practices Act, I have included an <br />LMCIT Risk Management Information memo and an excerpt from the LMC Mayors <br />Handbook. <br />Although I would encourage the Boazd to review the entire documents regarding <br />the Open Meeting Law, I have highlighted them directing boazd members to the language <br />I think the board should pay particular attention to. I will focus during the March <br />meeting on the areas and issues that I have highlighted. <br />You will note that I have not highlighted much regazding the Government Data <br />Practices Act. Although compliance with the Data Practices Act is one of the most <br />challenging responsibilities of ERMU staff, I have highlighted only the types of data <br />board members might be in possession of which is subject to the Act. No need to read <br />the entire document, unless you aze interested. <br />Although these materials reference City Council members, the open meeting law <br />applies to the ERMU Board just as it does to the City Council. In fact, the open meeting <br />law issues are of particular concern with respect to the ERMU Board, because any two <br />members of the ERMU Board constitute a yuo;um. Therefore, it is important that no two <br />board members discuss or exchange emails about ERMU business, or even receive <br />information regarding ERMU business, outside of a properly noticed meeting. <br />Conversations or emails between a single boazd member and staff aze fine, but board <br />members should avoid conversations and emails between themselves regazding ERMU <br />business. <br />Please bring questions to the Mazch meeting. I look forward to a good discussion <br />regarding the Open Meeting Law and the Data Practices Act. <br />GP2931126 vl <br />