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PC Worksession Packet 04-03-2012
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PC Worksession Packet 04-03-2012
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Minn.Slats.§§13D.05,subd. o Meetings for preliminary consideration of allegations or charges against <br /> 2(b);13.43,subd.2(4) an individual subject to the public body's authority. While the law <br /> permits the council to announce that it is closing a meeting to consider <br /> charges against an individual,it is still the best practice not to refer to that <br /> individual by name.The council should state only that it is closing the <br /> meeting to give preliminary consideration to allegations against someone <br /> subject to its authority. However, if someone requests the name of the <br /> employee who is the subject of the closed meeting,the name will probably <br /> have to be furnished,since the existence and status of any complaints <br /> against an employee are public data. <br /> Minn.Stat§13D.01,subd.3; Procedure The following must be done to use this exception: <br /> 13D.05,subd.2(b) <br /> i. Before closing the meeting,the council must state on the <br /> record the reason for closing the meeting; <br /> ii. The meeting MUST be open at the request of the individual <br /> who is the subject of the meeting.Thus the individual should <br /> be given advance notice of the existence and nature of the <br /> charges against him or her,so that an informed decision can <br /> be made regarding requesting an open meeting; <br /> iii. If the public body decides that discipline of any nature is <br /> warranted regarding the specific charges,further meetings <br /> must be open. <br /> (Note that there is a special provision dealing with <br /> allegations of law enforcement personnel misconduct—see <br /> next discussion under ii.) <br /> Mina.Stat.§13D.05,subd.2(a) o Portions of meetings at which the following data is discussed: <br /> i. Data that would identify alleged victims or reporters of criminal <br /> sexual conduct,domestic abuse,or maltreatment of minors or <br /> vulnerable adults; <br /> ii. Internal affairs data relating to allegations of law enforcement <br /> personnel misconduct or active law enforcement investigative data; <br /> iii. Educational data,health data,medical data,welfare data,or mental <br /> health data that are not public data. <br /> Minn.Stat.§13D.05,sobs 2(a) Procedure.Before closing the meeting,the council must state on the <br /> record the reason for closing the meeting. <br /> 18 League of Minnesota Cities <br />
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