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G. Common problems in applying the law <br /> There are many situations for which the law is unclear.This section attempts <br /> to give an overview of some of the more common situations and how the <br /> statute may be applied. <br /> 1. Data practices <br /> Minn.Stat§13D.05,subds.1(a), Generally,meetings may not be closed to discuss data that is not public. <br /> 2(a) However,the public body MUST close any part of a meeting at which certain <br /> types of non-public data are discussed(such as active law enforcement <br /> investigative data,police internal affairs data,and certain victim,health, <br /> medical,or welfare data). <br /> Minn.Slats.§§13D.05,sobs. If data is discussed at an open meeting when the meeting is required to be <br /> 2(a);13.03,subd.11 closed,it is a violation of the Open Meeting Law.Discussions of some types <br /> of non-public data may also be a violation of the Data Practices Act. However, <br /> some types of not-public data MAY be discussed at an open meeting without <br /> liability or penalty if the following criteria are met: <br /> Minn.Stet§13D.05,subd.1(b) • The disclosure relates to a matter within the scope of the council's <br /> authority;AND <br /> • The disclosure is necessary to conduct the business or agenda item before <br /> the public body. <br /> Mon.Stat.§13D.05,subd.1(c) Data that is discussed at an open meeting retains its original classification <br /> under the Data Practices Act.However,a record of the meeting is public, <br /> regardless of the form.It is suggested that private data that is discussed at an <br /> open meeting not be specifically detailed in the minutes. <br /> 2. Interviews <br /> Channel10,Inc x Independent The court has held that a school board must interview prospective employees <br /> Sch.Dist Na 709,298 Minn. for administrative positions in open sessions.The court said that the absence <br /> 306,215 N.W.2d 814(1974). of a statutory exception indicated that the legislature had decided that such <br /> Also see Part II—G-Serial sessions should not be closed.The reasoning would seem to apply to city <br /> gatherings council interviews of prospective officers and employees as well,if a quorum <br /> is present. <br /> Mankato Free Press v.Citt of In 1996,a district court found that it was not a violation of the Open Meeting <br /> North Mankato,No.C1-96- Law for candidates to be serially interviewed by members of a city council at <br /> 100036(Fifth Jed.Dist 1996) one-on-one closed interviews.In this case,five city council members were <br /> present in the same building but each was conducting separate interviews in <br /> five different rooms.Because there was no quorum present in any of the <br /> rooms,the court found there was no meeting.However,this decision was <br /> appealed. <br /> Meetings of City Councils <br /> 21 <br />