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HomeMy Public PortalAbout03.17.2015 City Council Special Meeting PacketMEDINA SPECIAL MEETING AGENDA CONCURRENT CITY COUNCIL, PLANNING COMMISSION, AND PARK COMMISSION MEETING Tuesday, March 17, 2015 6:00 P.M. Medina City Hall, 2052 County Road 24 I. Call to Order II. Emergency Incident Response Training — Chief Ed Belland III. Open Meeting Law Training — Attorney Ron Batty IV. Adjourn Posted: March 13, 2015. MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: March 12, 2015 DATE OF MEETING: March 17, 2015 SUBJECT: March 17, 2015 Work Session — 6:00 PM Work Session 6:00 PM Emergency Incident Response Training — Chief Ed Belland (30 Minutes) Chief Belland will provide the City Council, Planning Commission, and Park Commission with information on how to respond to emergency incidents during meetings. Attached is the background information from Chief Belland. Open Meeting Law Training — City Attorney Ron Batty (30 Minutes) City Attorney Ron Batty will provide a refresher on the Open Meeting Law for the City Council, Planning Commission, and Park Commission. Attached is a copy of the Statute. 3/13/2015 Medina Security Training for Active Shooter Event pOIICE Number of People Shot and Killed Per Active Shooter each Year in the U.S. ^Skit x,,•,, 160 140 120 100 so 60 4 20� a ■ — A f ---''--'-' , -‘-imr. lir 2000 2001 2002 2003 2004 2005 2006 2007 2008 2000 2010 2011 2012 Year Profile of an Active Shooter An active shooter is an individual that is actively engaged in killing or attempting to kill people in a confined space or populated area. Active shooter situations are unpredictable and evolve quickly. The majority of active shooter situations are over within 10 to 15 minutes; before law enforcement arrive on the scene, individuals must be prepared both mentally and physically to deal with the active shooter situation. pal&E 0 25 20 H 5 Active Shooter Events in the U.S. 2000 2001 2002 2003 2009 2005 2006 2007 2008 2009 2010 20112012 Year pOACE HOW TO RESPOND WHEN AN ACTIVE SHOOTER IS IN YOUR VICINITY? • https://www.youtube.com/watch?v=5VcSwejU2D0 Quickly determine the most reasonable way to protect your own life. Trust your instinct as it is usually correct. Remember that customers and clients are likely to follow the lead of employees and managers during an active shooter situation. Basic rule to follow in an active shooter event: • RUN • HIDE • FIGHT 1 3/13/2015 pll RUN • • • Evacuate regardless of whether others agree to follow. • Leave your belongings behind. If there is an accessible escape path, attempt to evacuate the premises. Have an escape route and plan in mind. • Help others escape, if possible. • Prevent individuals from entering an area where the active shooter may be. • Keep your hands visible. • Follow the instructions of any police officers. • Do not attempt to move wounded people. • Call 911 when you are safe. pOIICE Hide "Continued" • To prevent an active shooter from entering your hiding place: • Lock the door. • Blockade the door with heavy furniture. • If the active shooter is nearby: • Lock the door. • Silence your cell phone and/or pager. • Turn off any source of noise (Le., radios, televisions). • Hide behind large items (i.e., cabinets, desks). • Remain quiet,. if evacuation and hiding out are not possible. • Remain calm. Dial 911, if possible, to alert police to the active shooter's location. If you cannot speak, leave the line open and allow the dispatcher to listen. Immediate Actions • Have a plan. • Trust your instincts as to your personal safety. • Be aware of your environment and possible dangers. • Take note to the two nearest exits to your location. • If in an office, secure the door and hide. • If in a hallway, exit if possible or get to an office and secure the door. • Call 911 when possible. Hide • If evacuation is not possible, find a place to hide where the active shooter is less likely to find you. • Your hiding place should: • Be out of the active shooter's view • Provide protection if shots are fired in your direction (i.e., an office with a closed and locked door) • Not trap you or restrict your options for movement. MICE Fight • As a last resort, and only when your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter by: • Acting as aggressively as possible against him/her. • Throwing items and improvising weapons. • Yelling. • Committing to your actions. Medina City Hall Evacuation Plan Ie.. f 2 3/13/2015 iftue! Winning Mind Set Know help is coming and believe you will survive! p�ucE References: Department of Homeland Security (2012) "Active Shooter How to Respond" retrieved from http://dhs.gov Safety Guidelines for Armed Subjects, Active Shooter Situations, Indiana University Police Department, (2007, April) Safety Tips & Guidelines Regarding Potential Active Shooter" Incidents Occurring on Campus, University of California Police. Shots Fired, When Lightning Strikes (DVD), Center for Personal Protection and Safety, 2007. Workplace Violence Desk Reference, Security Management Group International, www.SMGlCorp.com How to Plan for Workplace Emergencies and Evacuations, U.S. Department of Labor, Occupational Health and Safety Administration, OSHA 3088, 2001. Blair, Ph.D., J. R., Martaindale, M.S., M. H., & Nichols, M.S., T. (2014, January). FBI — Active Shooter Events from 2000 to 2012. Retrieved from http://leb.fbi.gov/2014/january/active- shooter-events-from-2000-to-2012 poueE CID QUESTIONS 3 StarTribune - Print Page Page 1 of 2 * StarTribune Cities re-examine their security in wake of New Hope shooting Article by: John Reinan Star Tribune February 22, 2015 - 8:11 PM There's a new presence these days at the New Hope City Council table — the chief of police, who sits with the council during meetings and keeps an eye on the door. Another officer is posted outside. But as the people of New Hope know very well, no security measure can truly guarantee safety in a public building. After all, there were 20 armed officers in the City Hall lobby on Jan. 26, when Raymond Kmetz burst in and wounded two police officers at a swearing -in ceremony before he was killed by retum fire. Reinforcements converged on New Hope City Hall after a gunman opened Ore in January. There already were 20 armed officers Inside at the time. JEFF WHEELER • jeff.wheeler@startribune.com. °Total security is just about impossible because it's a public building," said New Hope Mayor Kathi Hemken. "Having a bunch of police officers, does that stop a guy from coming in the building? Obviously not." That hasn't slopped police and city leaders across the metro area from taking a hard look at security in the wake of the shooting. "If a city isn't looking at it now, there's something wrong," said Tom Ryan, mayor of Blaine for 21 years. Ryan recently changed the location of his public office hours from a remote upstairs room to one downstairs near the police station. Like New Hope, Blaine has added a uniformed police officer at council meetings. "And the officer sits in front and faces out, so he can watch things," Ryan said. Other cities have reviewed their long-standing security procedures and concluded that no immediate changes are needed. "Obviously, what happened in New Hope is very concerning," said Maple Grove Police Chief Eric Wemer. "It gives you a chance to review and reflect on your own procedures. "We have not changed much in regard to our procedures. We've got a good balance between maintaining the open govemment we have here, and maintaining safety and security." Still, a police sergeant appeared at a Maple Grove City Council meeting this month and gave the council an update on security. AI Madsen, city administrator, mentioned that the council's dais is forted, and that the building has cameras and panic alarms. But like other city officials, he was reluctant to give specifics on security procedures. "We don't want to give the bad guys too much of a heads -up," he said. Minnesotans are accustomed to seeing "No guns allowed" signs posted at building entrances. But with few exceptions, only private businesses have the right to ban guns. Under state law, the only public buildings where guns are banned are schools, courthouses and a few buildings in the "Capitol area." That means cities can't ban guns in their own buildings. °That's beyond common sense," said Leonard Matarese, director of research and project development at the Center for Public Safety Management in Washington, D.C. Matarese provides security advice and education to more than 9,000 town, city and county members of the International City/County Management Association. Matarese said there are no quick fixes for security in public buildings. Metal detectors are expensive and have a high error rate when used by inexperienced people, he said. They also have to be recalibrated frequently. Matarese was a career law enforcement officer and also has served as a city manager and public safety director. It's an inescapable fact, he said, that access to guns adds to the security risks in public buildings. "Part of the reality is that there are a large number of weapons in the hands of people," he said. "And as a society, we have differing opinions on whether that is a good or bad idea. But it is part of the equation." We have to fix us' The advice on reacting to a shooting incident has changed in recent years, said Stacy Carlson, Golden Valley chief of police. "It used to be, get down under your desk and hope they don't find you," Carlson said. "Now the prevailing theory is, get out of the building. If you can't get out, then hide. And last resort, fight for your fife. We call it 'Run, hide, fight.' " Carlson said Golden Valley city employees and council members have been trained in that method by police "You can't fall back on, 'We have a sweet town, and nothing's going to happen here,' " she said. Golden Valley has also added a uniformed officer at its council meetings since the New Hope incident. In New Hope, the attitude of Mayor Hemken and other city officials is summed up by the exhortation to battle -scarred British civilians in World War II: "Keep Calm and Carry On." Hemken said the best security is simply looking out for one another. "We can't let this incident define who we are," she said. "We can't move our council meetings to a different spot. So we have to fa us — our mind -set. Because we're not going to fix the rest of the world. Bad things will still happen. "The way we're operating today is pretty much the way we operated a month ago," she said. "If we're scared, we can't logically carry on the city's business." Immediately after the shooting, she said, "there was a calmness there. And it was because everyone was watching out for everyone else. And it was really very powerful." http://www.startribune.com/printarticle/?id=293532461 2/23/2015 StarTribune - Print Page Page 2 of 2 Hemken said she can't demonize Kmetz, the 68-year-old shooter, who was convinced that govemment and other agencies were conspiring against him. "We need to remember that this person, though he was mentally disturbed, was somebody's father. Somebody's son," she said. "We need to remember that somebody died." But she wishes he hadn't been able to get his hands on a gun. "He had been in City Hall numerous times," Hemken said, "And we'd talk to him, and get him calmed down, get him back to center. Sometimes he'd leave in a cheery mood. Had this guy not had access to a gun, this would not have happened. "This man was not a stranger to us. But the man with a gun was a stranger." John Reinan • 612-673-7402 ® 2015 Star Tribune http://www.startribune.com/printarticle/?id=293532461 2/23/2015 1 13D.01 13D.015 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS. 13D.02 13D.021 13D.03 CLOSED MEETINGS FOR LABOR MINNESOTA STATUTES 2014 CHAPTER 13D OPEN MEETING LAW MEETINGS MUST BE OPEN TO THE PUBLIC; 13D.04 13D.05 EXCEPTIONS. MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS. NEGOTIATIONS STRATEGY. NOTICE OF MEETINGS. 13D.01 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC. 13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES. 13D.065 USE OF SOCIAL MEDIA. 13D.07 CITATION. 13D.08 OPEN MEETING LAW CODED ELSEWHERE. 13D.01 MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS. Subdivision 1. In executive branch, local government. All meetings, including executive sessions, must be open to the public (a) of a state (1) agency, (2) board, (3) commission, or (4) depth tment, when required or permitted by law to transact public business in a meeting; (b) of the governing body of a (1) school district however organized, (2) unorganized territory, (3) county, (4) statutory or home rule charter city, (5) town, or (6) other public body; (c) of any (1) committee, (2) subcommittee, Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13D.01 MINNESOTA STATUTES 2014 2 (3) board, (4) depai intent, or (5) commission, of a public body; and (d) of the governing body or a committee of: (1) a statewide public pension plan defined in section 356A.01, subdivision 24; or (2) a local public pension plan governed by sections 424A.091 to 424A.096, or chapter 354A, or Laws 2013, chapter 111, article 5, sections 31 to 42. Subd. 2. Exceptions. This chapter does not apply (1) to meetings of the commissioner of corrections; (2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings; or (3) as otherwise expressly provided by statute. Subd. 3. Subject of and grounds for closed meeting. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. Subd. 4. Votes to be kept in journal. (a) The votes of the members of the state agency, board, commission, or department; or of the governing body, committee, subcommittee, board, department, or commission on an action taken in a meeting required by this section to be open to the public must be recorded in a journal kept for that purpose. (b) The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. Subd. 5. Public access to journal. The journal must be open to the public during all normal business hours where records of the public body are kept. Subd. 6. Public copy of members' materials. (a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and: (1) distributed at the meeting to all members of the governing body; (2) distributed before the meeting to all members; or (3) available in the meeting room to all members; shall be available in the meeting room for inspection by the public while the governing body considers their subject matter. Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3 MINNESOTA STATUTES 2014 13D.015 (b) This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in section 13D.03 or other law permitting the closing of meetings. 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 680 s 1,3; 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; 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 39; 1997 c 154 s 2; 1 Sp2001 c 10 art 4 s 1; 2010 c 359 art 12 s 3; 1Sp2011 c8art 8s2,14; 2013c111 art 5s4,80 13D.015 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS. Subdivision 1. Application. This section applies to: (1) a state agency, board, commission, or department, and a statewide public pension plan defined in section 356A.01, subdivision 24; and (2) a committee, subcommittee, board, department, or commission of an entity listed in clause (1). Subd. 2. Conditions. An entity listed in subdivision 1 may conduct a meeting governed by this section and section 13D.01, subdivisions 1, 2, 4, and 5, by telephone or other electronic means so long as the following conditions are met: (1) all members of the entity participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (2) members of the public present at the regular meeting location of the entity can hear all discussion and all votes of members of the entity and participate in testimony; (3) at least one member of the entity is physically present at the regular meeting location; and (4) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded. Subd. 3. Quorum; participation. Each member of the entity participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 4. Monitoring from remote site; costs. If telephone or another electronic means is used to conduct a meeting, the entity, to the extent practical, shall allow a person to monitor the meeting elec- tronically from a remote location. The entity may require the person making a connection to pay for documented marginal costs that the entity incurs as a result of the additional connection. Subd. 5. Notice. If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the entity shall provide notice of the regular meeting location, of the fact that some members may participate by electronic means, and of the provisions of subdivision 4. The timing and method of providing notice is governed by section 13D.04. In addition, the entity must post the notice on its Web site at least ten days before any regular meeting as defined in section 13D.04, subdivision 1. History: 2009 c 80 s 1; 2012 c 290 s 63 Copyright c0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13D.02 MINNESOTA STATUTES 2014 4 13D.02 MEETINGS CONDUCTED BY INTERACTIVE TV; CONDITIONS. Subdivision 1. Conditions. A meeting governed by section 13D.01, subdivisions 1, 2, 4, and 5, and this section may be conducted by interactive television so long as: (1) all members of the body participating in the meeting, wherever their physical location, can hear and see one another and can hear and see all discussion and testimony presented at any location at which at least one member is present; (2) members of the public present at the regular meeting location of the body can hear and see all discussion and testimony and all votes of members of the body; (3) at least one member of the body is physically present at the regular meeting location; and (4) each location at which a member of the body is present is open and accessible to the public. Subd. 2. Members are present for quorum, participation. Each member of a body participating in a meeting by electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. If interactive television is used to conduct a meeting, to the extent practical, a public body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making such a connection to pay for documented marginal costs that the public body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If interactive television is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location and notice of any site where a member of the public body will be participating in the meeting by interactive television. The timing and method of providing notice must be as described in section 13D.04. Subd. 5. School boards; interactive technology with an audio and visual link. A school board conducting a meeting under this section may use interactive technology with an audio and visual link to conduct the meeting if the school board complies with all other requirements under this section. 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 680 s 1,3; 1975 c271s6; 1981c174s1; 1983c137s1; 1983c274s18; 1984 c 462 s 27; 1987 c 313 s 1; 1990c550s 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; 1 Sp2011 c 11 art 2 s 1 13D.021 MEETINGS BY TELEPHONE OR OTHER ELECTRONIC MEANS; CONDITIONS. Subdivision 1. Conditions. A meeting governed by this section and section 13D.01, subdivisions 1, 2, 4, and 5, may be conducted by telephone or other electronic means so long as the following conditions are met: (1) the presiding officer, chief legal counsel, or chief administrative officer for the affected governing body determines that an in -person meeting or a meeting conducted under section 13D.02 is not practical or prudent because of a health pandemic or an emergency declared under chapter 12; (2) all members of the body participating in the meeting, wherever their physical location, can hear one another and can hear all discussion and testimony; (3) members of the public present at the regular meeting location of the body can hear all discussion and testimony and all votes of the members of the body, unless attendance at the regular meeting location is not feasible due to the health pandemic or emergency declaration; Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 5 MINNESOTA STATUTES 2014 13D.03 (4) at least one member of the body, chief legal counsel, or chief administrative officer is physically present at the regular meeting location, unless unfeasible due to the health pandemic or emergency dec- laration; and (5) all votes are conducted by roll call, so each member's vote on each issue can be identified and recorded. Subd. 2. Members are present for quorum, participation. Each member of the body participating in a meeting by telephone or other electronic means is considered present at the meeting for purposes of determining a quorum and participating in all proceedings. Subd. 3. Monitoring from remote site; costs. If telephone or another electronic means is used to conduct a meeting, to the extent practical, the body shall allow a person to monitor the meeting electronically from a remote location. The body may require the person making a connection to pay for the documented additional cost that the body incurs as a result of the additional connection. Subd. 4. Notice of regular and all member sites. If telephone or another electronic means is used to conduct a regular, special, or emergency meeting, the public body shall provide notice of the regular meeting location, of the fact that some members may participate by telephone or other electronic means, and of the provisions of subdivision 3. The timing and method of providing notice is governed by section 13D.04 of the Open Meeting Law. History: 2007 c 110 s 1 13D.03 CLOSED MEETINGS FOR LABOR NEGOTIATIONS STRATEGY. Subdivision 1. Procedure. (a) Section 13D.01, subdivisions 1, 2, 4, 5, and section 13D.02 do not apply to a meeting held pursuant to the procedure in this section. (b) The governing body of a public employer may by a majority vote in a public meeting decide to hold a closed meeting to consider strategy for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiation proposals, conducted pursuant to sections 179A.01 to 179A.25. (c) The time of commencement and place of the closed meeting shall be announced at the public meeting. (d) A written roll of members and all other persons present at the closed meeting shall be made available to the public after the closed meeting. Subd. 2. Meeting must be recorded. (a) The proceedings of a closed meeting to discuss negotiation strategies shall be tape-recorded at the expense of the governing body. (b) The recording shall be preserved for two years after the contract is signed and shall be made available to the public after all labor contracts are signed by the governing body for the current budget period. Subd. 3. If violation claimed. (a) If an action is brought claiming that public business other than discussions of labor negotiation strategies or developments or discussion and review of labor negotiation proposals was transacted at a closed meeting held pursuant to this section during the time when the tape is not available to the public, the court shall review the recording of the meeting in camera. (b) If the court finds that this section was not violated, the action shall be dismissed and the recording shall be sealed and preserved in the records of the court until otherwise made available to the public pursuant to this section. Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13D.03 MINNESOTA STATUTES 2014 6 (c) If the court finds that this section was violated, the recording may be introduced at trial in its entirety subject to any protective orders as requested by either party and deemed appropriate by the court. 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 680 s 1,3; 1975 c271s6; 1981c174s1; 1983c137s1; 1983c274s18; 1984c462s27; 1987c313s1; 1990c550s 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 13D.04 NOTICE OF MEETINGS. Subdivision 1. Regular meetings. A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a public body decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it shall give the same notice of the meeting that is provided in this section for a special meeting. Subd. 2. Special meetings. (a) For a special meeting, except an emergency meeting or a special meeting for which a notice requirement is otherwise expressly established by statute, the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body, or if the public body has no principal bulletin board, on the door of its usual meeting room. (b) The notice shall also be mailed or otherwise delivered to each person who has filed a written request for notice of special meetings with the public body. This notice shall be posted and mailed or delivered at least three days before the date of the meeting. (c) As an alternative to mailing or otherwise delivering notice to persons who have filed a written request for notice of special meetings, the public body may publish the notice once, at least three days before the meeting, in the official newspaper of the public body or, if there is none, in a qualified newspaper of general circulation within the area of the public body's authority. (d) A person filing a request for notice of special meetings may limit the request to notification of meetings concerning particular subjects, in which case the public body is required to send notice to that person only concerning special meetings involving those subjects. (e) A public body may establish an expiration date for requests for notices of special meetings pursuant to this subdivision and require refiling of the request once each year. (f) Not more than 60 days before the expiration date of a request for notice, the public body shall send notice of the refiling requirement to each person who filed during the preceding year. Subd. 3. Emergency meetings. (a) For an emergency meeting, the public body shall make good faith efforts to provide notice of the meeting to each news medium that has filed a written request for notice if the request includes the news medium's telephone number. (b) Notice of the emergency meeting shall be given by telephone or by any other method used to notify the members of the public body. (c) Notice shall be provided to each news medium which has filed a written request for notice as soon as reasonably practicable after notice has been given to the members. (d) Notice shall include the subject of the meeting. Posted or published notice of an emergency meeting is not required. Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 7 MINNESOTA STATUTES 2014 13D.05 (e) An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the public body, require immediate consideration by the public body. (f) If matters not directly related to the emergency are discussed or acted upon at an emergency meeting, the minutes of the meeting shall include a specific description of the matters. (g) The notice requirement of this subdivision supersedes any other statutory notice requirement for a special meeting that is an emergency meeting. Subd. 4. Recessed or continued meetings. (a) If a meeting is a recessed or continued session of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the minutes of that meeting, then no further published or mailed notice is necessary. (b) For purposes of this subdivision, the term "meeting" includes a public hearing conducted pursuant to chapter 429 or any other law or charter provision requiring a public hearing by a public body. Subd. 5. Closed meetings. The notice requirements of this section apply to closed meetings. Subd. 6. State agencies. For a meeting of an agency, board, commission, or department of the state required or permitted by law to transact public business in a meeting: (1) the notice requirements of this section apply only if a statute governing meetings of the agency, board, or commission does not contain specific reference to the method of providing notice; (2) all provisions of this section relating to publication are satisfied by publication in the State Register or posting on the Web site of the agency, board, commission, or department; and (3) a schedule of the regular meetings shall be kept on file at the primary offices or posted on the Web site of the agency, board, commission, or department. Subd. 7. Actual notice. If a person receives actual notice of a meeting of a public body at least 24 hours before the meeting, all notice requirements of this section are satisfied with respect to that person, regardless of the method of receipt of notice. 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 680 s 1,3; 1975 c271s6; 1981c174s1; 1983c137s1; 1983e274s18; 1984c462s27; 1987c313s1; 1990c550s 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; 2014 c 274 s 1 13D.05 MEETINGS HAVING DATA CLASSIFIED AS NOT PUBLIC. Subdivision 1. General principles. (a) Except as provided in this chapter, meetings may not be closed to discuss data that are not public data. (b) Data that are not public data may be discussed at a meeting subject to this chapter without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. (c) Data discussed at an open meeting retain the data's original classification; however, a record of the meeting, regardless of form, shall be public. (d) All closed meetings, except those closed as permitted by the attorney -client privilege, must be elec- tronically recorded at the expense of the public body. Unless otherwise provided by law, the recordings must be preserved for at least three years after the date of the meeting. Copyright c0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13D.05 MINNESOTA STATUTES 2014 8 Subd. 2. When meeting must be closed. (a) Any portion of a meeting must be closed if expressly required by other law or if the following types of data are discussed: (1) data that would identify alleged victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; (2) active investigative data as defined in section 13.82, subdivision 7, or internal affairs data relating to allegations of law enforcement personnel misconduct collected or created by a state agency, statewide system, or political subdivision; (3) educational data, health data, medical data, welfare data, or mental health data that are not public data under section 13.32, 13.3805, subdivision 1, 13.384, or 13.46, subdivision 2 or 7; or (4) an individual's medical records governed by sections 144.291 to 144.298. (b) A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority. If the members conclude that discipline of any nature may be warranted as a result of those specific charges or allegations, further meetings or hearings relating to those specific charges or allegations held after that conclusion is reached must be open. A meeting must also be open at the request of the individual who is the subject of the meeting. Subd. 3. What meetings may be closed. (a) A public body may close a meeting to evaluate the per- formance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its con- clusions regarding the evaluation. A meeting must be open at the request of the individual who is the subject of the meeting. (b) Meetings may be closed if the closure is expressly authorized by statute or permitted by the attorney - client privilege. (c) A public body may close a meeting: (1) to determine the asking price for real or personal property to be sold by the government entity; (2) to review confidential or protected nonpublic appraisal data under section 13.44, subdivision 3; and (3) to develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before holding a closed meeting under this paragraph, the public body must identify on the record the particular real or personal property that is the subject of the closed meeting. The proceedings of a meeting closed under this paragraph must be tape recorded at the expense of the public body. The recording must be preserved for eight years after the date of the meeting and made available to the public after all real or personal property discussed at the meeting has been purchased or sold or the governing body has abandoned the purchase or sale. The real or personal property that is the subject of the closed meeting must be specifically identified on the tape. A list of members and all other persons present at the closed meeting must be made available to the public after the closed meeting. If an action is brought claiming that public business other than discussions allowed under this paragraph was transacted at a closed meeting held under this paragraph during the time when the tape is not available to the public, section 13D.03, subdivision 3, applies. An agreement reached that is based on an offer considered at a closed meeting is contingent on approval of the public body at an open meeting. The actual purchase or sale must be approved at an open meeting Copyright c0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 9 MINNESOTA STATUTES 2014 13D.06 after the notice period required by statute or the governing body's internal procedures, and the purchase price or sale price is public data. (d) Meetings may be closed to receive security briefings and reports, to discuss issues related to security systems, to discuss emergency response procedures and to discuss security deficiencies in or recom- mendations regarding public services, infrastructure and facilities, if disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting. Before closing a meeting under this paragraph, the public body, in describing the subject to be discussed, must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting. A closed meeting must be tape recorded at the expense of the governing body, and the recording must be preserved for at least four years. 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 680 s 1,3; 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; 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 39; 1997 c 154 s 2; 1999 c 227 s 22; 2002 c 379 art 1 s 5; 2004 c 276 s 1; 2004 c 290 s 18; 2007 c 110 s 2; 2007 c 147 art 10 s 15; 2008 c335s1; 2010c365art1 s8 13D.06 CIVIL FINES; FORFEITURE OF OFFICE; OTHER REMEDIES. Subdivision 1. Personal liability for $300 fine. Any person who intentionally violates this chapter shall be subject to personal liability in the form of a civil penalty in an amount not to exceed $300 for a single occurrence, which may not be paid by the public body. Subd. 2. Who may bring action; where. An action to enforce the penalty in subdivision 1 may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located. Subd. 3. Forfeit office if three violations. (a) If a person has been found to have intentionally violated this chapter in three or more actions brought under this chapter involving the same governing body, such person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office such person was then serving. (b) The court determining the merits of any action in connection with any alleged third violation shall receive competent, relevant evidence in connection therewith and, upon finding as to the occurrence of a separate third violation, unrelated to the previous violations, issue its order declaring the position vacant and notify the appointing authority or clerk of the governing body. (c) As soon as practicable thereafter the appointing authority or the governing body shall fill the position as in the case of any other vacancy. Subd. 4. Costs; attorney fees; requirements; limits. (a) In addition to other remedies, the court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 to any party in an action under this chapter. (b) The court may award costs and attorney fees to a defendant only if the court finds that the action under this chapter was frivolous and without merit. (c) A public body may pay any costs, disbursements, or attorney fees incurred by or awarded against any of its members in an action under this chapter. Copyright c0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13D.06 MINNESOTA STATUTES 2014 10 (d) No monetary penalties or attorney fees may be awarded against a member of a public body unless the court finds that there was an intent to violate this chapter. (e) The court shall award reasonable attorney fees to a prevailing plaintiff who has brought an action under this section if the public body that is the defendant in the action was also the subject of a prior written opinion issued under section 13.072, and the court finds that the opinion is directly related to the cause of action being litigated and that the public body did not act in conformity with the opinion. The court shall give deference to the opinion in a proceeding brought under this section. 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 680 s 1,3; 1975 c271s6; 1981c174s1; 1983c137s1; 1983c274s18; 1984c462s27; 1987c313s1; 1990c550s 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; 2008 c 335 s 2 13D.065 USE OF SOCIAL MEDIA. The use of social media by members of a public body does not violate this chapter so long as the social media use is limited to exchanges with all members of the general public. For purposes of this section, e- mail is not considered a type of social media. History: 2014 c 274 s 2 13D.07 CITATION. This chapter may be cited as the "Minnesota Open Meeting Law." 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 680 s 1,3; 1975 c271s6; 1981c174s1; 1983c137s1; 1983c274s18; 1984c462s27; 1987c313s1; 1990c550s 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 13D.08 OPEN MEETING LAW CODED ELSEWHERE. Subdivision 1. Board of Animal Health. Certain meetings of the Board of Animal Health are governed by section 35.0661, subdivision 1. Subd. 2. Minnesota Life and Health Guaranty Association. Meetings of the Minnesota Life and Health Guaranty Association Board of Directors are governed by section 61B.22. Subd. 3. Comprehensive Health Association. Certain meetings of the Comprehensive Health As- sociation are governed by section 62E.10, subdivision 4. Subd. 4. Health Technology Advisory Committee. Certain meetings of the Health Technology Advisory Committee are governed by section 62J.156. Subd. 5. Health Coverage Reinsurance Association. Meetings of the Health Coverage Reinsurance Association are governed by section 62L.13, subdivision 3. Subd. 5a. MNsure. Meetings of MNsure are governed by section 62V.03, subdivision 2. Subd. 6. Self -insurers' security fund. Meetings of the self -insurers' security fund and its board of trustees are governed by section 79A.16. Subd. 7. Commercial self-insurance group security fund. Meetings of the commercial self-insurance group security fund are governed by section 79A.28. Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 11 MINNESOTA STATUTES 2014 13D.08 Subd. 8. Lessard -Sams Outdoor Heritage Council. Certain meetings of the Lessard -Sams Outdoor Heritage Council are governed by section 97A.056, subdivision 5. Subd. 9. Enterprise Minnesota, Inc. Certain meetings of the board of directors of Enterprise Minnesota, Inc. are governed by section 1160.03. Subd. 10 Minnesota Business Finance, Inc. Certain meetings of Minnesota Business Finance, Inc. are governed by section 116S.02. Subd. 11. Northern Technology Initiative, Inc. Certain meetings of Northern Technology Initiative, Inc. are governed by section 116T.02. Subd. 12. Agricultural Utilization Research Institute. Certain meetings of the Agricultural Utilization Research Institute are governed by section 116V.01, subdivision 10. Subd. 13. Hospital authorities. Certain meetings of hospitals established under section 144.581 are governed by section 144.581, subdivisions 4 and 5. Subd. 14. Advisory Council on Workers' Compensation. Certain meetings of the Advisory Council on Workers' Compensation are governed by section 175.007, subdivision 3. Subd. 15. Electric cooperatives. Meetings of a board of directors of an electric cooperative that has more than 50,000 members are governed by section 308A.327. Subd. 16. Town boards. Certain meetings of town boards are governed by section 366.01, subdivision 11. Subd. 17. Hennepin County Medical Center and HMO. Certain meetings of the Hennepin County Board on behalf of the HMO or Hennepin Healthcare System, Inc. are governed by section 383B.217. Subd. 18. Hennepin Healthcare System, Inc. Certain meetings of the Hennepin Healthcare System, Inc. are governed by section 383B.917. History: 2012 c 290 s 64; 2013 c 9 s 2; 2013 c 108 art 1 s 67 Copyright C 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 1VHNNESOTA OPEN MEETING LAW RON BATTY, CITY ATTORNEY MARCH 17, 2015 A. In General. The Minnesota Open Meeting Law (OML), Minnesota Statutes, Chapter 13D, requires that meetings involving a quorum of a public body must be open to the public. The OML applies to the city council and to "any committee, subcommittee, board, department, or commission" of the city. The seeming simplicity of the statute is deceptive. B. Purpose and Interpretation. The courts have interpreted the OML in a number of cases and have found there to be three broad purposes of the statute: 1. to prohibit actions being taken at a secret meeting where it is impossible for the interested public to become fully informed concerning decisions or detect improper influences; 2. to assure the public's right to be informed; and 3. to afford the public an opportunity to present its views. The courts have noted that the law was enacted for the public benefit and must be given a liberal construction in the public's favor. On the other hand, the courts, understanding there to be competing interests at stake, attempt to balance the public's right to be informed versus the public's right to effective and efficient government. C. What is a Meeting? The courts have broadly described a meeting as: 1. a gathering of a quorum or more; 2. of a body subject to the OML; 3. to discuss, decide or receive information as a group; 4. on a matter related to its official business. It is not necessary that any action be taken or even anticipated for a gathering to constitute a meeting. A meeting does not include chance or social gatherings as long as public business is not discussed. Telephone calls, emails, or letters could constitute a meeting if the members are using this type of communication in a serial manner as a means of deciding public matters outside the public view. It is permissible to lobby and consult one another without a majority present, but decisions on public business must be made publicly. It is also important that facts which are persuasive to a member and which are discovered outside of a public meeting be restated at a public meeting for the benefit of all. D. What is a Committee? The OML applies to committees of public bodies but the statute does not include a definition of committee. This is one of the most litigated aspects of the law because of its ambiguity. The original version of the OML did not include committees. The statute was later amended to prevent public bodies from turning themselves into a "committee of the whole" to avoid the application of the law. It is clear that any committee which includes a quorum of the main body is subject to the OML. When fewer than a 1 458608v1ME230-1A quorum are members of the committee, the courts will generally look to the following factors to determine whether the OML applies: 1. the degree of formality with which the appointments are made; 2. whether specific or only general direction is given as to the purpose of the committee; 3. whether the committee has the power to decide. An additional factor which may be considered is whether, even if the above factors argue against the group being considered a committee, there is a pattern of the main body rubber stamping the group's recommendations. E. Regular Meetings. Regular meetings are those that are held pursuant to a previously established schedule and, as such, do not require special notice. City councils typically adopt a meeting schedule at the beginning of the year which adheres to its regular meeting duties except when necessary to deviate for holidays, elections or the like. Work sessions or similar meetings which are held in accordance with a regular schedule are regular meetings regardless of their name. F. Special Meetings. All meetings which are not regular meetings are special meetings. A special meeting may be called by the council at a regular or special meeting or by the mayor or any two council members between meetings. Three days' notice must be given for a special meeting, except an emergency meeting. Only those agenda items which have been noticed may be discussed at a special meeting. That means that, unlike the case of regular meetings, items may not be added to the agenda of a special meeting at the last minute. G. Emergency Meetings. Emergency meetings are those which are called to deal with situations which cannot wait even for three days' notice. They typically involve natural disasters or other imminent threats to public health or safety. Emergency meetings are very rare. H. Adjourned Meetings. Any meeting may be adjourned or continued to a later time. No notice of an adjourned or continued meeting is needed so long as the time and place of the subsequent meeting is established at the meeting and reflected in the minutes. I. Closed Meetings. In some cases, meetings can be or must be closed. Meetings may be closed only if closure is expressly authorized by statute or permitted by the attorney -client privilege. Before closing a meeting, the council or commission must state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed. For example, a meeting to discuss preliminary allegations or charges against an employee must be closed (although the employee may require that it be kept open). A meeting may be closed to evaluate the performance of an employee; discuss labor negotiation strategies and proposals; consider the sale or purchase of real estate; receive security briefmgs or reports, or receive attorney -client advice relating to pending or threatened litigation. Usually, closed 2 458608v1ME230-1A meetings must be audio recorded or minutes must be kept. (This does not apply to attorney - client privileged meetings.) J. Meeting Notice. A schedule of the regular meetings of the council or commission must be kept on file at its primary offices. If the council or commission decides to hold a regular meeting at a time or place different from the time or place stated in its schedule of regular meetings, it must give the same notice of the meeting that is provided for a special meeting. Notice of special meetings must be posted at least three days before the meeting and must include the date, time, place, and purpose of the meeting. For an emergency meeting, no notice is required but good faith efforts to notify the news media and other parties requesting notice must be made. K. Quorum. In order for a meeting to take place, a quorum of the group must be present. A quorum generally is a simple majority of the group. In the case of a five -member body, three members are needed for a quorum. If a quorum is not present, there is no meeting and no official business may be conducted. L. Votes. Votes of the members of the body on an action taken in a meeting required to be open to the public must be recorded in a journal kept for that purpose. The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute. The journal must be available to the public during normal business hours. M. Access to Meeting Materials. The public must have access to all materials provided to the council or commission before, during or after the meeting and pertaining to the items on the agenda. This does not include materials classified as non-public by law. N. Violation of OML. Intentional violations of the OML may subject an individual to personal liability in the form of a civil penalty up to $300. The public body may not pay the penalty on behalf of the member. If a person has been found to have intentionally violated the OML three or more separate times involving the same governing body, that person shall forfeit any further right to serve on such governing body or in any other capacity with such public body for a period of time equal to the term of office the person was then serving. A court may also award costs, disbursements and attorneys' fees of up to $13,000 per violation per plaintiff. O. Email and Social Media. With respect to the OML, e-mail is fundamentally no different from any other form of communication. Care must be exercised that a quorum or more of the council or commission does not use e-mail to communicate with each other outside of a meeting. As noted above, one-on-one, serial email communication can constitute a violation of the OML. The OML was amended in 2014 to deal specifically with social media. The statute says that the use of social media by a member of a public body is not a violation of the OML so long as the social media is limited to exchanges with all members of the general public. It also notes that email is not considered a type of social media for purposes of this section. 3 458608v1ME230-1A P. Interpretation of OML. The OML is subject to ultimate interpretation by the courts. Interpretations may also be offered by the Minnesota Attorney General (AG) and by the Information Policy Analysis Division (IPAD) of the Minnesota Department of Administration. Opinions by the AG and IPAD are not legally binding but may be persuasive to a court and may offer some "safe harbor" protection for a city acting in reliance on them and in good faith. 4 458608v1ME230-1A