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• <br /> o � <br /> LEAGUE OF CONNECTING & INNOVATING <br /> MINNESOTA SINCE 1913 <br /> CITIES <br /> RISK MANAGEMENT INFORMATION <br /> ELECTRONIC COMMUNICATIONS <br /> BETWEEN COUNCIL MEMBERS <br /> Electronic communication such as e-mail correspondence, instant messaging,social media, <br /> and blogs and microblogs, can be an unintentional conduit for city officials to violate the <br /> Minnesota Open Meeting Law. Elected officials and city committee and board members <br /> should be aware of the following issues to avoid Inadvertent violation of this law. <br /> The Open Meeting Law <br /> Under the Minnesota Open Meeting Law,Minn. Stat. §13D,meetings of at least a quorum of the <br /> city council or one of its committees to discuss city business must be publicized and open to the <br /> public, subject to a few exceptions.A primary purpose of the law is to make sure information and <br /> deliberations about city business are available to the public. <br /> The law applies to any discussion about city business,not just voting or official actions,and to any <br /> gathering of a quorum of the council or committee.In most cities a quorum is three or more <br /> council or committee members. <br /> It's easy to imagine situations in which a quorum might gather--coffee at the local café, pre-or <br /> post-meeting discussions,a wedding reception or community celebration are all common places in <br /> which one or more council members might be present. Such a meeting would create an open <br /> meeting concern if the group discussed city business. <br /> Although not an obvious meeting,serial meetings also create an open meeting concern if city <br /> business was discussed by a quorum.To understand how a serial meeting occurs, imagine that <br /> council member A talks to council member B about a city issue, B talks to council member C <br /> about that issue,and C talks to A. Serial meetings also can occur through written correspondence, <br /> or telephone conference calls.Any of these scenarios could give rise to an open meeting law <br /> violation. <br /> Violating the law carries with it penalties including personal liability for up to$300 per occurrence <br /> and forfeiture of office for officials who intentionally violate the law three times. Reasonable costs <br /> and attorney fees also can be awarded if the court fords specific intent to violate the law. <br /> Electronic Communications and the Open Meeting Law <br /> The Minnesota Open Meeting Law has a number of tricky aspects, not the least of which results <br /> from increasing reliance on e-mail and other electronic communication between council or <br /> committee members. <br /> This material Is provided as general information and Is not a substitute for legal advice. <br /> Consult your attorney for advice concerning specific situations. <br /> LEAGUE OF MINNESOTA CITIES 145 UNIVERSITY AVE.WEST PHONE(651)281-1200 FAX:(651)281-1298 <br /> INSURANCE TRUST ST_PAUL MN 55103-2644 TOLL FREE_(800)925-1122 WES:WWW LMC,ORG <br />