Time To Get A Handle On The Open Meeting Law!

                              
Township government, when it works well, is one of the best
forms of American government. It can also be one of the most
difficult when a board member, planning commission member of
committee appointed by the governing board fails to comply
with the laws which guide the township government.
                                                                           
The Eureka Township Board appointed four members to
serve on a committee to explore the feasibility of re-zoning
parts of the Northern corridor. This Board (which a few members
like to call the "work group,") are obligated to follow the
Open Meeting Law.

With limited exceptions, the Open Meeting Law (Minnesota
states, chapter 13D) says ALL meetings of public
bodies in Minnesota must be open to the public. The Open
Meeting Law also describes when a public body is required
or permitted to close a meeting.

On Thursday, June 27, I heard the "work group" was conducting
a closed meeting at the Town Hall at 7:00 p.m. I
decided to attend the meeting. When I arrived the Planner from TKDA,
(hired by the Board) and another citizen were waiting by the Town Hall
door as it was locked.

The Planner knocked on the door and Butch Hansen unlocked the
door and stepped out to let the Planner pass. He told me and the
other citizen that we were not allowed to come in as the meeting
was closed. We walked in with the Planner.

The meeting was going to be held in the conference room. Butch
Hansen was quite upset that we entered the building. Mark Ceminsky
met us in the office area and stated it was a closed meeting
and that we needed to leave. I explained to him that the group could not
conduct a closed meeting according to the requirements of the
Open Meeting Law. Mark stated that they can because they are a
"work group." Butch came out of the conference room
and stated that, "You do not know what you are talking about." The
meeting did not have to be posted and that they only posted
other "work group" meetings out of courtesy. Butch also stated
that there was not a quorum there, so the meeting did not need
to be posted. (There was a quorum of the committee at this meeting.
Three out of four members were there and the fourth member arrived
around10 minutes later).

Black's Law Dictionary: Quorum - The minimum number of
members (usu. a majority of all the members) who must be
present for a deliberative assembly to legally transact business.

The "work group" has NOT recorded their meetings and there
are no public minutes.  All closed meetings must be posted and the
recordings kept for three years. Before a public body can close a meeting
it must cite the State Statute that allows them to do so and indicate
the reason for the closed meeting.
See the State Statute below.
                                     
This "work group" was appointed
by the Board, works within a budget set by the Board and is spending
tax payers dollars. They are a Board-appointed committee. I reminded
Mark and Butch that if they are allowed to have a closed meeting
it needed to be posted as well as the reason for the meeting
which they did not do.  Mark strongly disagreed and stated that he was not
going to argue with me and that we needed to leave. I stated I was not
leaving. Mark then "threatened" that he would have to call the Sheriff.

Butch suggested I speak with my attorney. Mark stated the Planner
is an employee of the Township and they were discussing
her billing. (The Planner is not an employee of the Township. She
works for TKDA and the firm has a contract with the Township.
There is a difference between these two terms.)
                                   
Mark once again stated, "You need to leave," and "Come on, let's go."
He started walking towards the front door. The other citizen and I did
not follow him and Mark once again stated he guessed he would
have to call the Sheriff. We stayed and he walked outside the inner
front door, seeming to be quite frustrated. He then came back in.
I made the statement that it seems"no one is supposed to know what
is going on in this meeting."
Mark stated "not at this meeting." I asked if they were
going to report to the Board and he said they would.

Butch Hansen stated, "They can stand out there all night long."
They closed the conference room door. The other citizen and I left.

It is time to return to conscientious governing and work together to
build and create a strong, cohesive and supportive community.
Tax paying citizens should not be threatened with removal from the
Town Hall for wanting to attend a meeting which should have been
posted and open to the public under the Open Meeting Law.

The Minnesota Association of Townships offers seminars which
will educate our elected and appointed officials on the laws that
guide their duties and responsibilities.

13D.01 MEETINGS MUST BE OPEN TO THE PUBLIC; EXCEPTIONS. (listed

Subdivision 2.)

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) department,

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,

(3) board,

(4) department, 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.091to 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.02must 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.

(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.03or other law permitting the closing of meetings.

Also from 13D:

0. What constitutes an open meeting. A meeting is open when proper notice was given in advance of the meeting, the public may attend and observe, and relevant materials are available to the public.
   Exceptions to the law. A meeting may be closed based on a limited attorney-client privilege, and for the purposes of labor negotiations, employee evaluations, and discussion of security issues and property transactions. The law does not apply to a governmental body exercising quasi-judicial functions involving disciplinary proceedings.