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9 MINNESOTA STATUTES 2010 13D.07 <br /> Subd.2.Who may bring action;where.An action to enforce the penalty in subdivision 1 <br /> may be brought by any person in any court of competent jurisdiction where the administrative <br /> office of the governing body is located. <br /> Subd. 3. Forfeit office if three violations. (a)If a person has been found to have <br /> intentionally violated this chapter in three or more actions brought under this chapter involving <br /> the same governing body, such person shall forfeit any further right to serve on such governing <br /> body or in any other capacity with such public body for a period of time equal to the term of <br /> office such person was then serving. <br /> (b)The court determining the merits of any action in connection with any alleged third <br /> violation shall receive competent,relevant evidence in connection therewith and,upon finding as <br /> to the occurrence of a separate third violation,unrelated to the previous violations,issue its order <br /> declaring the position vacant and notify the appointing authority or clerk of the governing body. <br /> (c)As soon as practicable thereafter the appointing authority or the governing body shall <br /> fill the position as in the case of any other vacancy. <br /> Subd.4.Costs; attorney fees; requirements; limits.(a)In addition to other remedies,the <br /> court may award reasonable costs, disbursements, and reasonable attorney fees of up to$13,000 <br /> to any party in an action under this chapter. <br /> (b)The court may award costs and attorney fees to a defendant only if the court finds that <br /> the action under this chapter was frivolous and without merit. <br /> (c)A public body may pay any costs, disbursements, or attorney fees incurred by or <br /> awarded against any of its members in an action under this chapter. <br /> (d)No monetary penalties or attorney fees may be awarded against a member of a public <br /> body unless the court finds that there was an intent to violate this chapter. <br /> (e)The court shall award reasonable attorney fees to a prevailing plaintiff who has brought <br /> an action under this section if the public body that is the defendant in the action was also the <br /> subject of a prior written opinion issued under section 13.072,and the court finds that the opinion <br /> is directly related to the cause of action being litigated and that the public body did not act in <br /> conformity with the opinion. The court shall give deference to the opinion in a proceeding <br /> brought under this section. <br /> History: 1957 c 773 s 1; 1967 c 462 s 1; 1973 c 123 art 5 s 7; 1973 c 654 s 15; 1973 c <br /> 680s1,3, 1975 c 271 s 6; 1981 c 174 s 1; 1983 c 137 s 1; 1983 c 274 s 18; 1984 c 462 s 27; <br /> 1987 c 313 s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22; 1994 c 618 art 1 s <br /> 39; 1997 c 154 s 2; 2008c33552 <br /> 13D.07 CITATION. <br /> This chapter may be cited as the "Minnesota Open Meeting Law." <br /> History: 1957 c 773 s l;1967 c 462 s 1;1973 c 123 art 5 s 7;1973 c 654 s 15;1973 c 680s <br /> 1,3,-1975c27136; 1981 c174s1; 1983c13751;1983c274518; 1984c462527; 1987 c 313 <br /> s 1; 1990 c 550 s 2,3; 1991 c 292 art 8 s 12; 1991 c 319 s 22;1994 c 618 art 1 s 39; 1997 c 154 s 2 <br /> Copyright®2010 by the Office of the Revisor of Statutes,State of Minnesota.All Rights Reserved. <br />