Discuss Practice for Closing Meetings

Purpose:  To discuss when meetings may be closed to the public, and when the Council may want to keep meetings open, even when state statute would allow them to be closed.

Background:  From time to time, questions arise relating to the Open Meeting Law, most specific, when is it allowable to close a meeting to the public.  The fundamental purpose of the Open Meeting Law is to promote openness in governmental proceedings.  It serves three vital purposes:  Prohibits actions from being taken at a secret meeting where the interested public cannot be fully informed of the decisions of public bodies or detect improper influences; ensures the public's right to be informed; and gives the public an opportunity to present its views.  The Open Meeting Law applies to the City Council, and all committees, subcommittees, boards, departments, or commissions of a public body.

The Open Meeting Law was designed to favor public access. Therefore, the few exceptions that do exist are carefully limited to avoid abuse.

Labor Negotiations:   The City Council may, by majority vote in a public meeting, decide to hold a closed meeting to consider its strategy for labor negotiations, including negotiation strategies or developments or discussion of labor-negotiation proposals. 

Not-public data under the MN Government Data Practices Act.  The general rule is that meetings cannot be closed to discuss data that are not public under the MN Government Data Practices Act.  A meeting must be closed, however, if certain not-public data is discussed.  For example, any portion of a meeting must be closed if expressly required by law or if any of the following types of not-public data are discussed:  Data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults; Active investigative data created by a law-enforcement agency, or internal-affairs data relating to allegations of law-enforcement-personnel misconduct; Educational, health, medical, welfare, or mental-health data that are not public data; and Certain medical records. 

Misconduct allegations or charges:  A public body must close one or more meetings for "preliminary consideration" of allegations or charges of misconduct against an individual subject to its authority.  This type of meeting must be open at the request of the individual who is the subject of the meeting.  If the members conclude discipline of any nature may be warranted, further meetings or hearings relating to the specific charges or allegations that are held after that conclusion is reached must be open. 

Performance evaluations:  A public body may close a meeting to evaluate the performance of an individual who is subject to its authority.

All interviews conducted with prospective offers and employees will be done at an open meeting.

Attorney-client privilege:  A meeting may be closed if permitted by the attorney-client privilege.  Meetings between a government body and its attorney to discuss active or threatened litigation may only be closed, under the attorney-client privilege, when a balancing of the purposes served by the attorney-client privilege against those served by the open meeting law dictates the need for absolute confidentiality.  The need for absolute confidentiality should relate to litigation strategy, and will usually arise only after the City has made a substantive decision on the underlying matter.  This privilege may not be abused to suppress public observations of the decision-making process, and does not include situations where the Council will be receiving general legal opinions and advice on the strengths and weaknesses of a proposed underlying action that may give rise to future litigation. 

Purchase or sale of real or personal property:  A public body may close a meeting to:  Determine the asking price for real or personal property to be sold by the public body; Review confidential or protected nonpublic appraisal data; and Develop or consider offers or counteroffers for the purchase or sale of real or personal property.  Prior to closing the meeting, the public body must identify on the record the particular real or personal property that is the subject of the closed meeting.  The actual purchase or sale of the property must be approved at an open meeting, and the purchase or sale price is public data.

Security reports:  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 recommendations regarding public services, infrastructure, and facilities, if disclosure of the information 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. 

This information was gathered from the League of Minnesota Cities Handbook.  An excerpt of that handbook relating to when meetings may be closed is attached to this case.



 

Approximately 15 minutes.

N/A

City Administrator Ulrich
City Attorney Langel

It is expected this discussion will answer any questions Council and staff may have as it relates to when a meeting/discussion is allowed to be closed to the public.  The Council may also choose, at times, to keep meetings open even though state statute would allow them to be closed.