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06-25-13 HRC Agenda Packet AGENDA oldr� -� Human Rights Commission e� City of Golden Valley T �- � 7800 Golden Valley Road ��` Golden Valley, MN 55427 Council Conference Room June 25, 2013 - 6:30 pm I. Call to Order II. Introductions III. Helene Johnson - International Day at Farmer's Market IV. Review Human Rights Commission By-Laws V. Review Guidelines for Advisory Commissions, Committees, Boards and Councils VI. Review of Council/Board/Commission Training held on June 12, 2013 • Open Meeting Law • Data Practices Act • Distribution of DVD VII. Election of Officers • Chair • Vice-Chair VIII. Discuss 2013 Work Plan Ideas IX. Adjourn CITY OF GOLDEN VALLEY, MINNESOTA HUMAN RIGHTS COMMISSION BY-LAWS Approved by the City Council on March 5, 2013 Article I: The Commission Name of Commission. The name of the Commission shall be the "Golden Valley Human Rights Commission", which is referred to herein as the "Commission". Mission, Vision, Values and Goals Statements. Mission Help promote and nourish a safe, respectful and welcoming community. Vision The Commission adheres to the vision set forth by the City. Values The Commission adheres to the values set forth by the City. Goals • Help build community by creating opportunities for dialague in the community through promotion and facilitation of human rights issues in collaboration with existing groups. • Seek opportunities for sponsoring and promoting educational opportunities for the community to participate (speakers, seminars, forums, etc.) and direct persons to resources on human rights. • Advise the City Council on human rights issues by serving the Council as an advisory board. Article II: Membership A. Composition. The Commission shall be an advisory commission to the City Council, composed of seven (7) regular members and two (2) youth voting members. All commissioners shall be appointed as set forth in this section. B. Regular Members. Regular members of the Commission, at least one of whom shall be an attorney, shall be appointed by the City Council for three-year staggering terms. Regular members of the Commission shall be qualified voters and residents of the City. A vacancy shall be deemed to exist if a member ceases to meet the residency requirements. C. Youth Members. Two (2) voting youth members shall be appointed by the City Council and each youth member shall serve a term of one year. D. Appointments. The terms of all Commission members shall be fixed and determined at the time of appointment. The City Council shall appoint the members of the Commission and may fill vacancies for unexpired terms. Regular members of the Commission shall serve until December 31 of the year in which their term expires or until their successors are appointed Article III: Organization A. Officers. The officers of the Commission shall be Chair and Vice-Chair, elected from the members of the Commission. Chair. The Chair's position rotates annually and serves for one year. The Chair may not serve consecutive terms as Chair. The responsibilities of the Chair are: a. preside at all meetings of the Commission in a productive and time efficient manner; b. ensure that the Commission conducts its activities within the stated mission and by-laws of the Commission; c. appoint Commissioners to subcommittees; d. monitor and ensure the progress and completion of the Commission's work plan; and e. report to City Council. Vice-Chair. The Vice-Chair rotates annually and serves for one year. The Vice-Chair may not serve consecutive terms as Vice-Chair. The responsibilities of the Vice-Chair are: a. perform the duties of the Chair in the absence or incapacity of the Chair; and b. in the event of resignation or death of the Chair, the Vice-Chair shall perform such duties as imposed on the Chair until the original term of the Chair has expired. B. Staff Liaison. A staff liaison to the Commission shall be appointed by the City Manager. The staff liaison's responsibilities are: a. facilitate or assist in the meetings; b. keeping of the Commission's meeting agendas and minutes in accordance with the City's record keeping procedures and Minnesota Statutes; c. recording the attendance of Commission members; d. keeping the City Manager informed of the Commission's business; and e. assisting the Commission in considering their financial needs and if deemed necessary, request appropriate funding from the City Council through the annual budget process. C. Delegation of Duties. Officers may delegate duties of their position to other Commissioners as deemed appropriate by the Commission. D. Subcommittees. Subcommittees shall not consist of a majority or more of currently appointed Commission members. Article IV: Election of Officers A. Elections and Terms of Office. The Chair and Vice-Chair shall be elected from the Commission membership by its members at its regular Annual Meeting. Terms of office shall be for one year and shall rotate. The Chair and Vice-Chair shall not serve consecutive terms. B. Vacancies. Should the office of Chair or Vice-Chair become vacant, the Commission shall elect a successor from its membership at the next regular meeting and such election shall be for the unexpired term of said office. Article IV: Meetings A. Open Meetings. All meetings of the commission shall be conducted in accordance with the Minnesota Open Meeting Law. This means all business and discussion occurs at a meeting which has been pasted and is open to the public. A quorum of the members should not discuss Commission business by email, forms of social media, telephone or informal meetings. B. Annual Meeting. The Annual Meeting of the Commission shall be a regular meeting, typically the first meeting after new Commissioners are appointed, at which time elections will be held and the following year's work plan will be discussed. C. Regular Meetings. The regular meetings of the Commission shall be held on the fourth Tuesday of the month at City Hall at 6:30 p.m. The Cammission may, by a majority vote, change its regular meeting dates for any reason provided proper public notice of the changed meeting is provided. D. Special Meetings. Special meetings of the Commission may be called by the Chair or two commissioners, or by the City Council, for the purpose of transacting any business designated in the meeting notice. The notice for a special meeting shall be posted in compliance with the Minnesota State Statutes governing public meetings. The staff liaison shall notify Commissioners at least three (3) days prior to the meeting of the date, time, place and purpose of the special meeting. A special meeting must also be posted in accordance with the requirements of the Minnesota Open Meeting Law. E. Quorum and Voting. The presence of a majority of all regular members currently appointed to the Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. In the event a quorum is not reached, a smaller number of inembers may meet to have informal discussion, however, formal action shall not be taken and must be reserved for such time as when a quorum of the Commission is reached. F. Subcommittee Meetings. Subcommittee meetings shall be held at a date and time that does not conflict with the Commission's regular and special meetings. The staff liaison shall be notified of the date, time, location and topic of all Subcommittee meetings. G. Meeting Cancellation. Commission meetings may be cancelled by the staff liaison if there are no items on the agenda for discussion. Article V: Agendas and Minutes A. Agenda Preparation. The agenda for regular and special meetings of the Commission shall be prepared by the staff liaison. Items to be placed on the agenda may be proposed by the Chair, a Commission member, the staff liaison or at the request of the City Council. Residents, businesses, or other interested parties may contact individual Commission members or the staff liaison ta request that an item be placed on the agenda for consideration. All agenda topics presented by the City Council will be placed on an appropriate agenda; requests from other parties will be placed on an appropriate future agenda at the discretion of the staff liaison. B. Approval of the Agenda. The agenda shall be approved at each meeting prior to discussion of any item on the agenda. At the time of agenda approval, items may be removed and the order of business may be modified by a majority vote of inembers present at the meeting. No items shall be added to the agenda unless deemed as urgent by the staff liaison. Prior to adjournment, members present may communicate items recommended for inclusion on future agendas. C. Record of Proceedings. All minutes and resolutions shall be in writing and shall be kept in accordance with City procedures, Minnesota Statute and Rules regarding preservation of public recvrds and the Minnesota Data Privacy Act. Article VI: Attendance and Performance of Duties A. Attendance. Regular attendance at meetings is a requirement for continued membership. Commission members are expected to attend regular and special commission meetings and assigned subcommittee meetings. Commission attendance shall be in accordance with the adopted Guidelines for Advisory Commissions, Committees, Boards and Councils and as amended. B. Reporting. The City Council will be informed if a Commissioner does not meet attendance guidelines. Commissioners not meeting attendance guidelines may be removed from the Commission by the City Council. C. Performance of Duties. Commissioners are expected to adequately prepare for meetings. Commissioners unable to complete an assigned task should notify the commission chair or subcommittee chair as soon as possible. The Commission may ask the City Council to review a Commissioner's appointment based upon its assessment of significant non-performance of duties. D. Orientation. Each Commissioner shall be provided an orientation in accordance with the adopted Guidelines for Advisory Commissions, Committees, Boards and Councils and as amended. Article VII: Commission Activities A. Annual Work Plan. The Commission will draft an annual work plan that details activities and projected timelines for the upcoming year. • The Chair may appoint Commissioners to be primarily responsible for each work plan activity. • The Commission may establish subcommittees to oversee work plan activities. The subcommittees will be chaired by Commissioners appointed by the Chair. • The Commission's work plan will be submitted to the City Council, typically during the first quarter of the calendar year. The Chair and/or Commissioners will attend a Council/Manager meeting to discuss the annual work plan with the City Council. • The Commission's work plan must be agreed upon by the City Council. B. Subcommittees. The Commission may create subcommittees to plan and direct activities related to topics of interest to the Commission and to oversee work plan activities. • Subcommittees will be chaired by Commissioners appointed by the Chair. • Subcommittees shall not consist of a majority or more of currently appointed Commission members. A majority of the subcommittee must be present to conduct business, including the subcommittee chair. • The Commission may consolidate or dissolve subcommittees at any time. • The subcommittee chair may appoint other Commissioners and representatives from the broader community to the subcommittee, provided that the subcommittee at no time consists of a majority or more of currently appointed Commission members. • The subcommittee chair shall report back to the Commission about its activities as an agenda item at regular Commission meetings. C. Annual Report to City Council. The Commission shall submit an annual report to the City Council summarizing the past year's activities. The report may highlight information the Commission feels appropriate to convey to the City Council. • The Chair or Vice-Chair will prepare the report for approval by the Commission. Commission members may submit signed addenda presenting alternative conclusions or perspectives. • The report and addenda are submitted with the current year work plan in the first quarter of the calendar year or as soon thereafter as possible. • After being approved by the Commission, the annual report and any addenda shall be provided to the staff liaison for inclusion on a Council agenda. Article VIII: By-Laws and Rules A. Amendments. Proposed amendments to these By-Laws may be forwarded to the City Council for approval by a majority of all voting members of the Commission. Commission members must be given one month's advance notice regarding proposed amendments prior to formal Commission action. Amendments to these procedures can only be considered at a regular meeting of the Commission. B. City Council Approval. These by-laws are subject to the City Council's approval and must comply with the Golden Valley City Code. CITY C1F Gt�LDEN VALLEY Guidelines for Advisory Commissions, Committees, Boards and Councils INTRODUCTION: The City Council wishes ta express its appreciation to the many eitizens who take time away from their personal and professianal lives to senre the community through their membership on the CounciPs advisory groups. Golden Valley has had a history of extensive citizen involvement. At present approximately 60 advisary commission, board, and committee members participate in providing specialized expertise sa that Council decisions can be made with mare complete background and knowledge than would otherwise be passible. The Council and the entire cammunity benefit from this invaluable service. Golden Valley is a statutory ci#y. The (egisiature established it as a city in the ea�ly 197Q's. The State Statutes provide: "In any such city, there shall be...no administrative board or commission...the Council shall itself pertorm the dufies and exercise the powers and shal) govem and administer the functions for which no independent boarcls are authorized by statute. The Council, may, however, create baards or cammissions to advise the Council with respeck to any municipal func�tion ar activity or to investigate any subject of interest in the City.° This Council, and others before it, recognizes the many advantages to be gained from this approach. The purpose of this document is to provide guidance to the CounciPs advisory commissions. The Council is direc�y responsible for the actions of its advisory commissions. It is hoped that through these guidelines the expectafiions of the Council, writh respect to its advisory commissions will be clearly understood and followecl. The Mayor and Council Members welcome any request for discussion or clarification of information that is contained or thaught appropriate to be contained in these guidelines. The goals of the Council are better communication with its advisary commissions and better service to fihe citizsns of Golden Vafley. CURRENT GOLDEN VALLEY STANDING COMMISSIaNS AND BQARDS: The Golden Vafley City Council cunently has faur standing advisory commissians. They are: Environmental Cornmission Human Rights Commission Open Space and Recreation Commissian Planning Gommission There is one advisory foundation: Golden Valley Human Services Foundation The Civil Service Commissior� is an independent commission that has absalute control and supervision over the employment, promotion, discharge, and suspension of police officers of the Public Safety Department, as stipulated under State Statutes. Guidelines for Advisory Cammissions, Committees, Boards and Councils Page 2 The Board of Zoning Appea[s hears requests far variances from the City Zoning Cade and makes final determination on all requests unless such requests are denied and appealed ta the City Council as stipulated under State Statutes. The Building Board of Review advises and assists administrative off±cers of the City on building c�les and the issuance of building permits. Short term �dvisory committees are appointed as needed. These Guidelines for Advisory Commissions, Boards and Committees apply to each of � these groups as appropriate and as permitted by the laws and ordinances which establish them. I, LEGAL BASIS OF ADVISt}RY COMMISSIONS As stated above the State Statutes goVem the creation of Council advisory groups. These groups are authorized to exercise all duties which the Council has legally assigned to them. They are frequently authorized to conduct research and make recommendations. It should be remembered, however, that advisory cammissions may not make decisions on behalf of the Councit. In many cities, it is routine practice for the Council ta accept an advisory commission recommendation if the commission has done a tharough and competent job. It rnust be emphasized, however, that it is the Council's final decision on the matter and not simply the commission recommendation which is efFective to bind the municipality. No recommendation of any advisory commission takes effect unless it has been adopted by formal action af the Council. These advisary commissions may be organized in any manner deemed appropriate by the Council. The City Council may create and dissalve them, appaint persons to serve on them, and exercise powers of general supenrision over them. A Planning Gommissian, however, must be establish�cl by ordinance and, once esfablished may be dissolved only by an ordinanr,e, which passes, by 213 majority vote o#the Council. 11. QPEN MEETING I.AW All meetings af all public bodies in Golden Valley must be apen to the public. There can be no such thing as a "closed", "private°, or"executive" meeting or session. The only exceptions that have been recognized in the past are certarin disciplinary actions conducted by#he Police Civil Service Commissian and some personne! and legal matter� before the Council. The Minnesota Statu#e requiring City Council meetings to be open to#he public has , been in existence for many years. A 1973 amendment and court decisians and rulings by the Minnesota Attomey Ceneral have made commissions, subcommittees, and other public badies subject to the statute. Any persan viotating the apen meeting requirement is subject ta civil penalty. Guidelines for Advisary Commissions, Committees, Boards and Councils Page 3 Commissions and committees should be careful to c�bserve the requirsments of hoEding all meetings in public places and posting notices of ineeting dates and #imes at t�e City Hall. Scheduling of ineetings with the Manager's Office will help prevent conflict w�h other groups over meeting times when public participation is particular�y desired. Commission, baard, and committee meetings will not be held or� designated legal halidays or recognized religious holidays. Any questions regarding the meaning or application of the Qpen Meeting Law should be directed to the City CounciL The Council will seek such advice from the City Attorney as may be necessary. III. C�MMISSlUN t)RGANlZA►TION AND PR�CEDURES A. Term o#Off�ce: Appoin#ments to cammissions are made effective May 1 of each year. The length of each appointment is provided in the gaveming ordinance or resolution and is designated by the Council at the time af#he appointmen#. Each permanent advisory commissian should elect officers nat later than its secand meeting after May 1 in each year. The term of office should be one year, unless otherwise specified by the Council, prior ta each election. {Chairpersons of special committees may be appointed by the Council.) Valuntary resignations from a commission should be cQmmunicated by letter or email from the person resigning to the Mayor. B. Att�ndance: Absences in one year should not exceed three consecutive meetings ar more than�5 percent of the total meetings for the year. {25 percent of ineetings would be three meetings fc�r groups meeting once a month and six meetings for groups meeting fwice a month.} tf a member is unable to attend a meeting, that member should contaet tF�e s#aff liaison, who will inform the chair if a quorum cannot be attained and the meeting will be canc�lled. A standardized letter of waming will be sent from the respective chair to any member after two consecutive and two total for groups meeting once a mor�th. For those meeting twice a month the letter would be sent from the chair after two consecutive or five total absences. If a member exceeds the allowable nurnber of absences the Mayor will send a standardized letter stating the member must step down because of the importance of regular aitendance and the number af citizens in�erested in senring. If a Commission feels there are extenuating circumstances in a cas+e of a member who has not met the attendance requirements, the Commission may send a letter to the CounciE explaining the situatian and request an exception. C. By-Laws or Rules of Rrocedure: Each cammission shall propose By-Laws or Rules of Procedure goveming its work. Such proposed By-Laws ar Rules of Procedure should be submitted to the Council for review and approval prior to implementation. Guidelines for Advisory Cnmmissions, Cc�mmittees, Boards and Councils Page 4 D. Orientation: It shall be the responsibiliiy of the staff liaisan to provide to each new member as soan as possible after that member's appointment, capies of the enabling ordinance for the board or commission and its current By-Laws or Rules of Proc$dure, minutes af ineetings of the last one year, these Guidelines, and any other information necessary to orient of new members. �Note: Caunci/Members who are liaison to a Commission will meet with the Chairper'svn and new members as parf of the orientation.} E. Acting as a private citizen: A cammission member testifying before the Cvuncil as a private citizen should clearly note before #estimony that he/she is testifying as a privat� citizen. , • . , �n T^��nni� �ui�� c+� �'a��en� Section 2.71 Repealed Sourre Ordlnance No. 381, 2"d Series Adopted; 8-21-07 G. Expenditures: Each Commission is authorized ta incur those s�ecific expenditures included in its fir�al budget, as adopted by the Council. Any other expenditures require spec'�'ic Council approval prior to the time the abligation is inctarred. Council approval is necessary prior to solicitation af funding from autside saurces for any purpose. H. Minutes: A person will be provided by the City to take minutes for the advisory boards and commissions. Afl such minutes are matters of public record and shall be kept at the City Hall. The unapproved minutes will be circulat�! ta the City Council in a timely manner to allow the Council to be informed on recent actions. The Cauncil will receive and �le approved minutes at the next regular Council Meeting following the approval af the minutes by the respective board or commission. Minutes senre fhe dual function of making an histarical record of commission proceedings and af informing the Council regarding the commissian's a+ctivities. The minutes should, therefore, contain an accurate report o#ti�e sequence of events and names of citizens who appear and are heard. In addition to the formal action of the aommission, a summary of the reasaning underiying such action should be included in the minutes. I. Sta#f Li�ison: The Council has adopted a policy of providing a staff liaisan for each commission. The purpose of this poficy is to provide direct informatian to each cammission regarding City policy and practices within its area of interest. Guidelines for Advisory Commissions, Committees, Boards and Councils Page 5 The City operates under the "Plan B City Manage�" form of government, in which all ernployees are hired and supervised by the City Manager, who in tum is responsible to the Council. Neither#he Council nor any commission rnembe�has the authority to direct staff personnel. Any commission recommendations for modification of City policy and practices should be directed to the Council. The liaison will periodically infarm the Chair an the members' attendance, particularly when warnings must be sent as provided in Section IILB, and copy#o the City Manager to farward to the City Council. J. Council Liaison(s}: Each year, at its organizational meeting, the Cour�cil shall assign one or more liaison to each Board or Commission. The Counci! Liaison(s)will meet at Isast annually with the Board or Commission to which he or she is assigned. These meefings can serve as an informaf ineans#ar the exchange of infarmation between the Cauncif and the Boar+d or Commission, but all formal cornmunication shall follaw procedures as autlined in Section IV. K. Subcammittees: From time to #ime, the Council may appoint subcommittees of certain commissions in order that special attention be concentrated in spec�ed areas. At the same time, the Council also wants the opinion of the commission regarding each subcommittee's recommendations. Each subcommittee should submit any report or recammendations intended for the Cauncil, first to the Commission for review and comment. Such review and comment should take place at the next regular�y scheduled meeting of the Commission. ff it does not, the report or recommendation of the subcflmmittee shall be forwarded to the Council without Commission cor�sent. The subcommittee repart or recammendation, together with the commission's comments, should be submitted tv the Council at its next regularly scheduled meeting. As in the case of commission presentations, a spokespersan for the subcommittee should attend �e Cc►uncil meeting and be prepared to make a presentation and answer questions. The Commission is free to appoint subcommittees of#heir membership as the commission sees a need. IV. COMMUNICATfONS TO AND FROM COMMISSIONS A. Council Reques�s to Commissians: From time to time, the Council wil! refer items ta cammissions far rec;ommendation. The purpose of such a referral is to assist fhe Council in gathering all pertinent facts and sharpening the issues. The request wil! be referred to fhe commission in writ►ng by the Mayor,, Guidelines for Advisory Commissions, Committeas, Boards and Councils Page 8 The Council would request a written report from each commission with regard to each such referral. The report should set forth all the pertinent facts and detailed rec�mmendations from the commission. The report should be submitted to the Council Secretary the Wednesday before the Councii mesting so that it may be included in the agenda. Any time a commission report cames before the Council, one representative of the commissian should be present to make a presentation and answer questions. In the event there is a difference of opinion on the cammission, a minority report may be presented in the same manner. B. Commission Requests to Council; Any commission request or recommendation for�ouncil action or legal opinion should be communicated by letter'from the chairperson to the Mayor, giving a full explanation of the background of the matter. Along with the letter, the commission shauld submit or refer to the pertinent portion of its minutes on the subject. Th�e letter to the Mayor should be delivered to the Council Secretary on the Wednesday before the Councii meeting. A presentation far the oommission shauld be made by a representative from the commission. A minority report may also be presented. C. Communications with those other than th� City Council: Based upon past experience, the Council believes that there is some potential for misunderstanc4ing regarding communicatians with persons and gavernmental units or agencies other than the City Council of Golden Valley. It is essential that members of oommissions understand and observe appropriate policies and practices in this regard. The essential principle involved is that the Council alone has the responsibiiity and authority to adopt the decisions, policies, and recommendations of the City af Golden Valley. The Council values the opinions and advice of its cammissions and invites the communication of the same to the Council. The C4uncil will take such opinions and advice into account in formulating the City's official pos�ion. This method of proceeding daes not preclude a commission from gathering such information as may be pertinent to ifs activities. Commissions are free, without prior Council approval, to make inquiries and to give necessary background for such inquiries, but careful consideration must be given that these c�ommunicatians cannot be reasonably construed as statements af official City policy and opinion. The matter of dis#ribution of information to the public is one that is nat capable of specific rules of practice. In general, any such communication which purports to, or has the effect of cornmunicating an official City pasition or decision, should be submitted to the Council for prior approva{. �ther types of communications, which are purely informational and do not involve unresolved questions of City palicy, may be disseminated without prior Council approval. Guidelines far Advisary Commissions, Committees, Boards and Councils Page 7 Adopted by the City Council -August 6, 2001 Amended - September 20, 200� i!��'� 5 1�w��,�'�.�'��g' v� � g� _�� ts^'p,/ i��'�,��`�°��'^��....,��rv�� "�� .,,��`�: .��...,�..�a�, xar, ,a OPEN MEETING LAW <: �; �. �� .l� �„ ��,.. �� l .�.� . ... ... �.'^ . ,. • h�,.� 1. Purqose. The purpose of Minnesota's Open Meeting Law is: a.) to prohibit public actions from being taken at secret meetings where it is impossible for the interested public to detect improper influence; b.) to ensure the public's right to be informed; and c.) to afford the public an opportunity to present its views. 2. Who is Subiect to the Open Meetin�Law? See Minn.Stat. § 13D.01 • All city council, school board, county board and town board meetings and executive sessions (with a few narrow exceptions). • State agencies,boards, commissions and departments. • Committee, subcommittee, board, department, or commission meetings of the public body. • Meetings of governing bodies of local public pension plans. • Housing and redevelopment authoriiy meetings. • Economic development agency meetings. 3. What is a"MeetinE?" See Moberg v. lndenendent Sch.Dist.No.281,336 N.W.2d 510 (Minn. 1983);St.Cloud Newspapers,Inc.v.District 742 Comrnunity Schs.,332 N.W.2d 1 (Minn. 1983). The Open Meeting Law statute does not define the term "meeting." Minnesota courts have ruled that the Open Meeting Law applies to gatherings of officials where at least a quorum is present and issues relating to official business are ' discussed or information relating to official business is received or action(such as a vote)is taken. • Examples: o chamber of commerce gatherings with councilmernbers; o staff planning sessions with councilmembers; o neighborhood land use gatherings with councilmembers; o hockey association discussions with councilmembers; o field trips; n retreats; o council meeting with fire department • Telephone conversations, e-mail, letters among a quorum to create a consensus or decision. • Applies to deliberations as well as actions. • Applies to commissions,task forces. • Applies to serial meetings. • Applies to"after meeting"meetings and"before meeting"meetings. • Applies ta intergovernmental meetings. � Does not apply if the gathering is only discussing non-governmental matters (the social or casual gathering). • Does not apply to generalized training sessions held by the League of Cities. • Does not apply to less than a quorum where the gathered members have no decision-making authority. • According to the Attorney General, a quorum of the council may attend a planning commission meeting without notice of a council meeting if the councilmembers just observe and do not participate or discuss. 4. Electronic Communications. • See League memos that follow these rnaterials. 5. What Actions Can/Must be Closed? A. Labor Negotiations Minn. Stat.�13D.03 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. • The time of commencement and place of the closed meeting must be announced at the public meeting. • Following the closed meeting, a written record of all members present must be made available to the public. • After all labor contracts have been signed, a tape-recording of the meeting must also be made available to the public. • If a claim is made that public business, other than labor negotiation strategy, was discussed at the meeting, a court must privately review the tape-recording of the meeting. The tape must be kept for two years after the contract is signed. B. Specific Types of Non Public Data Minn. Stat. §13D.05 The general rule is that meetings cannot be closed to discuss data that is not public. Any portion of a meeting must be closed if expressly required by another law or if the following types of data are discussed: • Data that would identify alleged 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 under separate statutes. Data discussed at an open meeting retains its original classification. However, a record of the rneeting will be public. C. Misconduct Alle�ations or Charges Minn.Stat. §13D.OS, subd. 2(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 inembers conclude that discipline is warranted, any subsequent hearings related to the charge or allegation must be open. A meeting must also be open at the request of the individual who is the subject of the rneeting. D. Performance Evaluations Minn. Stat. �'13D.05,Subd. 3(a) A public body may close a meeting to evaluate the perforrnance of an individual who is subject to its authority. The public body must identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body must summari�e its conclusions regarding the meeting. A meeting must also be open at the request of the individual who is the subject of the meeting. E. Attorney-client Privile� Minn.Srar. §13D.o5,Subd. 3(b);Northwest Publications, Inc. v. Citv of St. Paul. 435 N.W.2d 64(Minn.Ct.App.1989; Star Tribune v.Board o1'Educ., S01 N.W.2d 869 (Minn.Ct.App.1993);Prior Lake American v. Mader 642 N.W.Zd 729(Minn. 20�2);Clearwater v.�ndependent School Dist.No. 166. 2001 WL 1155706(Minn.App.); The Free Press v. Countv ofBlue Earth 677 N.W,2d 471 (Minn.Cl.App. 2004). A meeting may be closed if permitted by the attorney-client privilege. This privilege does not extend to a request for general legal advice or opinions. F. Securitv Briefings Minn. Srat. §13D.05, Subd. 3(d) Meetings may be closed to receive security briefings and r�ports and emergency response procedures if disclosure of the information would pose a danger to public safety or compromise security procedures or responses. Financial issues relating to security must be discussed at an open meeting. Must tape record the closed portion of the meeting and must keep the tape for four years. G. A�praisals; Developing Offers Or Counteroffers For Purchase Of Real Estate Or Personal Propertv Minn.Stat. ,¢13D.04, Subci. 3. Meetings may be closed: • to determine the asking price for real or personal property to be sold by the city • to review appraisal data • to develop or consider offers or counteroffers for the purchase or sale of real or personal property. Before closing the meeting, the council must identify on the record the real ar personal property that will be discussed. Must tape record the closed meeting and must keep the tape for eight years after the date of the meeting. Must keep a list of the persons at the closed meeting. The list of those present is available after closed meeting. Must make the tape available after the city buys or sells the property or the city abandons the sale or purchase. Actuat sale or purchase and purchase price must be approved at an open meeting; vote to sell or purchase must be at an open meeting. H. Keeping Tanes of Closed Meetings Minn. Stat. �13D.05,Subd. 1(d) All closed meetings, except those closed as permitted by the attorney-client privilege, must be electronically 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 rneeting. 6. Legal Meetin�s -Notice and A�enda Issues. Minn. Stut. ,¢13D.04 • A schedule of the regular meetings of a public body shall be kept on file at its primary offices. If a regular meeting is to be held at a time or place different from that stated in the schedule of regular meetings, the public body shall give notice as provided for a"special meeting," • For a special meeting 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 on the door of its usual meeting room. Publication is an alternative. • For an emergency meeting the public body shall make a good faith effort to provide notice to each news medium that has filed a written request for notice. • All notice requirements apply to closed meetings. • In statutory cities, the mayor may call a meeting or two of the five-person council may call a meeting. • Possible use of interactive television • A "recessed" meeting does not have to be renoticed as long as the time and place of the recessed meeting were established and recorded at the previous meeting. 7. Procedures for Closing a Meeting. Minn. Stat. �'13D.01,Subd. 3 • The hody must first meet in open • The body must announce why the meeting is to be closed (the exception that allows a closed meeting) • The body must identify who will attend the closed meeting • The body must specifically describe the matter to be discussed at the meeting vs. merely identifying the issues. See 7'he Free Press v. Counrv ofBlue Earth. 677 N.W.2d 471(Minn.Ct.App. 2004). � All closed meetings, except those closed as permitted by the attorney- client privilege, must be electronically 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. 8. Remedies and Penalties. Minn.Stat. ,¢13D.06;Claude v. Collins, 518 N.W.2d 836 (Minn 1994). • Any person who intentionally violates the Open Meeting Law is subject to personal liability in the form of a civil penalty of up to $300. • If a person has been found to have intentionally vialated the Open Meeting Law three or more tirnes involving the same gaverning body, such person shall forfeit the right to serve on the governing body for a period of time equal to the term of office that was being served. • A court may awazd costs and attorney's fees of up to $13,000 to any party in an action under the Open Meeting Law. Specific intent must be found. • The court shall awaxd 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. 9. Other Citizen Rights Under Open Meeting Law. Ri�ht to Know When the Public Body Meets • Regular meeting(schedule at City Offices) • Special meeting{three days posted and mailed notice or delivered notice) • Emergency meeting (notification af news media) Ri�ht to Convenient Location • Accessible • Generally, must be in city corporate limits Ri�ht to Watch and be Present • Open meeting law(public right to be present) • All meetings of the Council shall be open to the public (Minn. Stat. � 412.191, Subd. 2) Ri�ht to Know How the Public Body Voted • Record votes in journal • Votes taken in public Ri�ht to Know What Su�porting Material the Public Body Had in Front of It • Available at meeting • Rule does not apply to confidential data or closed meeting information Ri�ht to Have a Summary Record of Council Minutes — or Else Publish Them— or Else Mail to Those Who Have Requested • Within 30 Days After Meeting • Distribution at City Expense • Rule Does Not Apply to Cities of Less Than 1,000 Population Ri�,ht to Have Ordinances Published • Minn. Stat. § 421.191, Subd. 4 • Minn. Stat. Chp. 331A 10. Update and Review of Relevant Caselaw. Canons of Construction • Prior Lake American v. Mader, 642 N.W,2d 729 (2002) • Merz v. Leitch, 342 N.W.2d 141 (1984) • St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1 (1983) Social Gatherin�s • Berglund v. City of Maplewood, 173 F.Supp.2d 935 (D.Minn.2001) • St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1 (1983) • Hubbard Broadcasting, Inc. v. City o,fAfton, 323 N.W.2d 757 (1982) Generalized Legal Advice . _ • Northwest �ublications, Inc. v. City of St. Paul, 435 N.W.2d 64 (Minn.Ct.App. 1989) Serialized Meetin�s • Mankato Free Press v. City of Mankato, 563 N.W.2d 291 (Minn.Ct.App. 1997); Department of Administration Advisory Opinion 09-020 Councilmembers Attending Committee Meetings • Op.Atty.Gen., b3a-S, August 28, 1996(re City Council of Ely) No Delegated Authorit tv o Act • Sovereign v. Dunn, 498 N.W.2d 62 (Minn.Ct.App. 1993) Attornev—Client Privilege • Demming v. Housing and Redevelopment Authority o,f' Duluth, 847 F.Supp. 130 (1994) • Minneapolis Star 3'ribune v. Housing and Redevelopment Authority In and For City ofMinneapolis, 310 Minn. 313, 251 N.W.2d 620 (1976) • Prior Lake American v. Mader, b42 N.W.2d 729 (Minn. 2002) • The Free Press v. Counry of Blue Earth, 677 N.W.2d 471 {Minn.Ct.App. 2004) • City �'ages v. State o,f 11linnesota, et al, 655 N.W.2d 839 (Minn.Ct.App. 2003). • Brainerd Daily Dispatch v. Dehen, 693 N.W.2d 435 (Minn.Ct.App. 2005) Purpose of Ouen Meetin�Law • Rupp v. Mayasich, 533 N.W,2d 893 (Minn.Ct.App. 1995) General 1'raining Session • Op.Atty.Gen., 63a-S, Feb. S, 1975 Whether Ex-Officio Meetin is Really a Meeting • St. Cloud Newspapers, Inc. v. District 742 Community Schools, 332 N.W.2d 1 (1983) � Minnesota Educ. Ass'n v. Bennett, 321 N.W.2d 395 (1982) Meetin�of a Public Body • Star Tribune Company; et al v. Universiry of Minnesota Board of Regents,- et al., 2004 WL Minn. Jul 15, 2044. � '�'�,�.�'��- '�,�� :�" i ... ,� �:j7 �� q �� J �� . '� 'N��rk��u"k�. . �EY��.&. . ��uY�+��1. . � .(+. <. DATA PRACTICES ��,Y �� '� � '� � ��u.,,�� _ �� .�,,' .�_ _ ` �� 1. PURPOSE A. Attempts to reconcile the rights of data subjects to protect personal information from indiscriminate disclosure with the right of the public to know what the government is doing. B. The Act also attempts to balance those competing rights within a context of effective government operations. C. Data Practices Act seeks to balance three competing interests: 1. public's right to know 2. concerns for individual privacy 3. the need for efficient government management. D. The Data Privacy Act can best be described as an attempt by the legislature to manage the conflict between representatives of the media, who advocate maximum access to government information, and representative of government agencies wha attempt to advocate, through the classification of data process, either institutional confidentiality or personal privacy interests. 2. HOW TO BALANCE THESE INTERESTS A. The Act views the classification of government data in terms of who is authorized to gain access to certain data. B. About 120 categories of government data. C. Examples: 1. licensing 2. libraxy 3. personnel 4. appraisal 5. law enforcement 6. property complaint 7. correspondence of elected officials 8. financial disclosures information of public officials D. Data on individuals l, about 95%of all data kept by government 2. public vs. private vs. confidential E. Data not on individuals 1. public vs. non-public vs. protected non-public 3. GENERAL RULE A. The general rule for all government data, either data on individuals or data not on individuals, is that it is public — it is accessible to any member of the public for any reason. UNLESS B. A statute,federal law or temporary classification makes it private or confidential. 4. LEGAL REMEDIES The Act affords a number of potential remedi�es to individuals also maintain that a government agency is violating or noi properly administering the provisions of the Act. These remedies include: 1. Agencies or Responsible Authorities who violate the Act, and by so doing cause damage to an individual, can be sued by the individual. The individual may recover actual damages, costs and attorney fees. In cases of willful violation, the individual may recover a minimum of$1,000 but not more than$15,000 in exemplary damages. 2. Agencies which violate or propose to violate the Act may be enjoined from such actions by a District Court. 3. Any aggrieved person may bring an action to compel any government agency to comply with the Act. In such actions, the Court rnay award the persons costs and reasonable attorney fees. If the court issues an order to compel compliance, the court rnay irnpose a civil penalty of up to $1,000 against the government entity. 4. Minnesota Statutes also provide misdemeanor penalties for any persons who willfully violates the Act. This section also provides that a willful violation may be grounds for suspension or dismissal of a public employee. S. OPINIONS OF THE COMMISSIONER A. Upon request of a government entity, the commissioner of the Department of Administration may give a written opinion on any question relating to public access to government data, rights of subjects of data, or classification of data. Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may give a written opinion regarding the person's rights as a subject of government data or right to have access to government data. B. Opinions issued by the commissioner are not binding on the government entity or members of a body subject to chapter 13D whose data or performance of duties is the subject of the opinion, but an opinion must be given deference by a court in a proceeding involving the data. 'The commissioner shall arrange for public dissemination of opinions issued under this section. T'his section does not preclude a person from bringing any other action under this chapter or other law in addition to or instead of requesting a written opinion. A government entity, members of a body subject to chapter 13D, or persons that acts in conformity with a written opinion of the commissioner issued to the government entity, members, or person or to another party is not liable for compensatory or exernplary damages or awards of attorneys fees in actions under Minn. Stat. § 13.08 or for a penalty under Minn. Stat. § 13.09 or for fines, awards of attorney fees, or any other penalty under chapter 13D. A member of a body subject to chapter 13D is not subject to forfeiture of office if the member was acting in reliance on an opinion. 6. EXAMPLES OF DATA A. Elected Officials — Correspondence. Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient. B. Prope Complaints. The identities of individuals who register complaints with the political subdivisions concerning violations of local ordinances or state law concerning use of real property are classified as conf'idential data. C. Appraisal Data. Confidential until released or until property purchased. D. Eleeted Officials — Financial Disclosure Statement. Financial disclosure statements of elected or appointed officials which, by ordinances of the political subdivision, are filed with the political subdivision, are public data on individuals, E. Arrest Data- - Response Data-- Investigative Data. F. Do�Licenses—security information? G. Building Plans- -trade secrets? H. Water Hook-ups I. Building Permits ,