PC Worksession Packet 04-03-2012

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Meetings to evaluate the performance of an individual subject to the public body's authority. Minn.Stat.§13D.05,subd.3(a); Procedure. The following must be done to use this exception: 13D.01,subd.3 i. The public body must identify the individual to be evaluated prior to closing the meeting; ii. The meeting must be open at the request of the individual who is the subject of the meeting,so some advance notice to this person is also needed in order to allow the individual to make an informed decision; iii. Before closing the meeting,the council must state on the record the reason for closing the meeting; iv. At the next open meeting,the public body must summarize its conclusions regarding the evaluation.The council should be careful not to release private or confidential data in its summary. Minn.Stat.§13D.05,subd.3(b) • Attorney-client privilege.Meetings between the governing body and its attorney to discuss threatened or pending litigation may be closed when 642Prior N.Lake American x Mad2002) the balancingof the purposes served by the attorney-client privilege 642 N.w 2d 729(Minn.2002 against those served by the Open Meeting Law dictates the need for NorThwest Publications,Ina x absolute confidentiality.This privilege may not be abused to suppress clry ofs&Pally 435 N.w.2d 64 public observations of the decision making process and does not include (Minn.App.]989) situations where the council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action which may give rise to future litigation. Minn.Stat.§13D.01,subd.3 Procedure. The following must be done to use this exception: i. The attorney MUST be present at the meeting; ii. Before closing the meeting,the council must state on the record the reason for closing the meeting. 2. Meetings that MUST be closed There are some meetings that the law requires be closed.The following meetings MUST be closed: Meetings of City Councils 17