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PC Worksession Packet 04-03-2012
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PC Worksession Packet 04-03-2012
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A. Groups to which the law applies <br /> Minn.Stat§13D.01,subd.l The Open Meeting Law applies to all governing bodies of any school district, <br /> unorganized territory,county,city,town or other public body,and any <br /> committee,sub-committee, board,department,or commission thereof. <br /> Thus,the law would appear to apply to meetings of all city councils,planning <br /> commissions,advisory boards, firefighter relief associations,economic <br /> development authorities,and housing redevelopment authorities,among <br /> others. <br /> B. What is a meeting? <br /> There is no statutory definition of the term"meeting"for the purpose of the <br /> Open Meeting Law.Generally,a meeting is a gathering of officials to discuss, <br /> decide,or receive information on matters over which they have authority. <br /> Also see Part III-G-Common Because the term"meeting"has not been clearly defined,the issue of whether <br /> problems in applying the law or not a"meeting"has been held must be decided on a case-by-case basis. <br /> Some examples of cases are discussed in further detail in a later section of this <br /> memo. <br /> C. Gatherings to which the law applies <br /> Mobergv Independent Sch.Dist. The Open Meeting Law applies to any gathering of a quorum or more of <br /> No.281,336 N.w.2d 510(Minn. public officials where the members discuss,decide,or receive information as a <br /> 1983) <br /> group on issues relating to the official business of the public body. <br /> Minn.Stat.§412.191,subd.1; A"quorum"is a majority of the members of a statutory city council.A <br /> Minn.Stat.§645.08(5) majority of the qualified members of any board or commission also constitutes <br /> a quorum.Home rule charter cities may have additional requirements for <br /> achieving a quorum in their charters. <br /> Thus the Open Meeting Law would apply to any of the following types of <br /> gatherings: <br /> • Regular and special meetings. <br /> • Public hearings. <br /> A.G.Op.63-A-5(Jun.13,1957); • Executive sessions. The Attorney General found that an executive session <br /> Minn.Stat.§130.01,subd.1 of a city council that prohibited attendance of the public until after the <br /> Also see Part 01-G-Common discussion and deliberations of the council was a violation of the open <br /> problems/n nlylying the lrnv meeting law. <br /> Meetings of City Councils <br /> 15 <br />
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