2021-02-24 Council Work Session packet - Orientation with CommissionsCITY COUNCIL/COMMISSION ORIENTATION & TRAINING
February 24, 2021 7pm
Virtual Meeting—WebEx
*The orientation session will be recorded and available for future viewing via WebEx link.
I.Welcome and Purpose
a.Welcome (Mayor Levine)
b.Purpose (Mark McNeill, City Administrator)
II.Introduction to City Commissions
a.Planning Commission (Tim Benetti, Community Development Director)
b.Parks and Recreation Commission (Meredith Lawrence, Recreation Program Coordinator)
c.Airport Relations Commission (Cheryl Jacobson, Assistant City Administrator)
III.Training Topics
a.Virtual Meeting Etiquette .......................................................................... Video & Handout #1
b.Types of Meetings .............................................................................................. Booklet page 1
c.Open Meeting Law ................................................... Video, Handout #2, #3 & Booklet Page 10
d.The Meeting Agenda .......................................................................................... Booklet page 3
e.Meeting Procedure/Parliamentary Procedures ................................................ Booklet page 4
f.The Record of the Meeting ................................................................................. Booklet page 7
BREAK
g.Roles and Responsibilities of Elected & Appointed Officials .............................. Booklet page 8
h.Governing Document ......................................................................................... Booklet page 9
i.Government Data Practices Act/ Retention of Data .......................... Video & Booklet page 14
j. Social Media ............................................................................................................. Handout #4
k.Gift Law ............................................................................................................. Booklet page 12
l.Conflicts of Interest/Abstaining from a Vote ................................................... Booklet page 13
Top Tips for Successfully Participating in a WebEx
Plan ahead.
Decide how you will be connecting to the meeting – by computer or phone.
Have meeting connection information available. The meeting information is sent to you by city staff.
You will initially get an email with meeting link and call-in information. Locate this information
beforehand so that you aren’t scrambling in the minutes before the meeting is to start.
Join the meeting early.
It is always good to have yourself set up before joining a meeting. City meetings will be open at least 15
minutes prior to the meeting start time. This will give participants the chance to get fully connected.
Preview your video feed.
Take a moment to preview your video feed to make sure your lighting is sufficient and that your
surroundings are clear of anything you don’t want other meeting participants to see. Remember when
participating via video, you are allowing other meeting participants and the public to see inside your
home or office.
All regular meetings of the City Council, Planning Commission, Parks and Recreation Commission and
Airport Relations Commission will be webstreamed and cablecast by NDC4.
Remember—if you are participating via video, what you see on your screen is what is being sent out by
NDC4 and is being seen by other participants.
When speaking or presenting look at your camera as if you were looking at your audience in a room.
What a meeting can look like to participants and viewers:
Handout #1
Check the strength of your WiFi or Wired Internet Connection.
Depending on your device and connection, having a poor internet connection can impact your WebEx
experience. When joining from a mobile, desktop, or laptop device a notification may appear on the screen (a
flashing yellow triangle) letting you know you have a poor internet connection. City staff is unable to fix this
problem.
You may want to:
Reduce simultaneous streaming activities. If you’re joining a meeting and members of your household
are also home, ask them to hold off on that next episode of their favorite show or browsing the internet
until your meeting is over in order to save valuable bandwidth during your meeting times.
Close other applications. Close any unneeded applications such as email and browser tabs.
Upgrade your internet/get a better data plan. You will need to work with your internet service provider
or cell carrier to change/upgrade your plan.
Choose voice over video. If you have poor internet connection focus on maintaining your audio
connectivity. Turn your video off by clicking the camera icon.
Change your audio. Selecting “Call Using Computer” can slow down your connection, so to avoid this,
try using the “Join by Phone” option.
Test your speakers and microphone.
If you are using a headset, make sure that it is compatible with your device. You may need to change
the settings on your device in order for the headset to work properly.
Sitting too far away from your microphone, mumbling or speaking softly makes it difficult for other
meeting participants to hear you and can result in bad audio. Speak clearly and loudly enough for others
to hear you.
If you are experiencing audio feedback or echoing, it is typically caused by a speakerphone or another
device that is being used in close proximity to the device you are on. The mic on the other device is
picking up the audio and rebroadcasting it. City staff is unable to fix audio feedback when it occurs in a
participant’s meeting place. Make sure you are in a location that is not near another device.
Actively manage your mute and unmute status.
Be mindful of participating in meetings from the comforts of your own home.
If you need to briefly leave the meeting, mute your video and audio first. That way participants are
unable to see and hear what you are doing.
Reduce movement and distractions. Mute your microphone and/or video when you are not speaking to
avoid distractions or interruptions to the meeting. Additional noise can cause feedback in the meeting.
Dogs barking, kids playing, other people talking, etc. can be picked up by your devices audio and heard
by meeting participants.
City of Mendota Heights
City Official
Orientation and Training
February, 2021
Contact: Elliott B. Knetsch
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
Email: eknetsch@ck-law.com
www.ck-law.com
Table of Contents
1. Types of Meetings................................................................................................................1
2. The Meeting Agenda............................................................................................................2
3. Meeting Procedures/Parliamentary Procedure .....................................................................3
4. The Record of the Meeting ..................................................................................................6
5. Roles and Responsibilities of Elected and Appointed Officials ..........................................7
6. Governing Documents ........................................................................................................8
7. Open Meeting Law ..............................................................................................................9
8. Gift Law .............................................................................................................................11
9. Conflicts of Interest and Abstaining ..................................................................................12
10. Government Data Practices Act/Retention of Data ...........................................................13
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1. TYPES OF MEETINGS
A. Regular city council meetings.
1. Purpose. The purpose of the regular city council meeting is to have the city council
consider, discuss, and take action on decisions facing the city government to serve the
public good.
2. Schedule. City council meetings are scheduled twice each month. However, city
council meetings cannot be held on public holidays. The city council can schedule
additional meetings as long as the meeting is posted 72 hours (3 days) prior to its
being held. Emergency meetings can be held with “reasonably practicable” notice.
B. City council work sessions.
1. Purpose. The purpose of city council work sessions is to provide councilmembers
with an informal opportunity to learn about and discuss topics without formal
procedures or making decisions. The work session is designed only for
councilmember discussion with information provided from the staff, consultants, or
invited presenters.
2. Format: The format is generally around a table with the City Administrator and other
presenters and staff as suits the topic.
C. Planning Commission
1. Purpose. The purpose of regular planning commission meetings is to have the
commission perform studies and investigations on general planning matters including
zoning, platting and transportation. The commission reviews all planning applications
and recommends approval or denial based on conformance with zoning regulations
and the city's comprehensive plan.
2. Schedule. The planning commission meets on the fourth Tuesday of each month at
7:00 p.m.
D. Parks and Recreation Commission
1. Purpose. The parks and recreation commission advises the City Council on matters
pertaining to parks and recreation programs. It makes recommendations relating to
the acquisition, development and improvement of the city's parks and recreational
facilities and advises the Council on the establishment of written rules and regulations
for the use and management of city parks.
2. Schedule. The parks and recreation commission meets the second Tuesday of each
month, unless otherwise noted. Meetings begin at 6:30pm and are held at City Hall.
E. Airport Relations Commission
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1. Purpose. The Airport Relations Commission (ARC) advises and makes
recommendations to the City Council on matters relating to airport noise and
operations at Minneapolis-St. Paul International Airport. The commission monitors
proposed rules, procedures and programs which impact air noise within the city and
makes recommendations regarding strategies to mitigate the city's air noise exposure.
2. Schedule. The airport relations commission meets on the 3rd Wednesday of odd-
numbered months, unless otherwise noted. Meetings begin at 6:00pm and are held at
City Hall.
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2. THE MEETING AGENDA
A. Purpose of the Agenda.
The agenda is how the city council or commissions do the business that it was elected or
appointed to do. Meetings are not designed to be town forums or public meetings on topics of
interest or to gather input on topics that citizens may raise.
B. Putting Items on the Agenda.
Most items are city business and typically come through regular staff channels and are
put on the agenda by the City Administrator.
1. The consent agenda is for routine or non-controversial items that should not require
public discussion to make a decision. If a councilmember wants to discuss a consent
item it can come off the agenda and go to the regular agenda upon request by the
councilmember.
2. Councilmembers may put items on the agenda by notifying the City Administrator.
3. Commission members may request staff to review items for possible inclusion on an
agenda.
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3. MEETING PROCEDURES / PARLIAMENTARY PROCEDURE
A. Quorum
A quorum must be present in person at a meeting in order to do business. If there is not a
quorum, the Mayor or chair must state that there is no meeting and no discussion of public
business may occur.
B. Votes Needed to Make a Decision
1. Simple majority is the typical rule. In most cases, a simple majority vote of the body
(not a simple majority of a quorum) is required for the approval of any item of
business.
2. Supermajority votes of a city council may be required under state law for certain
issues. State law requires a supermajority as follows:
a. a 4/5 vote (4 of 5 members) to order a public infrastructure improvement when
less than 35% of affected owners have petitioned for the improvement
b. a 2/3 vote (4 of 5 members) to amend the comprehensive plan except an
amendment to allow affordable housing development which requires a simple
majority vote.
c. a 2/3 vote (4 of 5 members) to rezone from residential to commercial use
d. a 4/5 vote (4 of 5 members) to pass a summary publication ordinance, which
permits a summary of an ordinance to be published rather than a lengthy
ordinance, which may contain maps or diagrams, making it difficult to publish a
full version.
C. Procedures at a Meeting.
The mayor or chair presides over the meeting. The best and most efficient meetings do
not overtly rely heavily on parliamentary procedure to organize and manage them. But the
underlying foundation of these principles is used throughout public meeting processes. Here are
some general Parliamentary Procedures:
1. The body must conduct the meeting in accordance with Robert's Rules of Order and
in accordance with the Mendota Heights City Code.
2. The presiding officer is responsible for controlling procedure and preserving order in
meetings.
3. For the city council, appeals to the mayor’s ruling are permitted by a councilmember.
Mendota Heights City Code § 1-5-3(B)(2).
a. The appeal must be seconded.
b. The member may speak once on the question involved, the mayor may explain
his/her ruling, and then a vote must be taken without further discussion.
c. The appeal is sustained if passed by a majority exclusive of the mayor.
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D. Motions
Please review a summary of the most commonly used motions, such as: main motion,
motion to amend, motion to table, motion to postpone to a definite time, motion to postpone
indefinitely, and motion to call the question (end debate).
TYPE OF MOTION DESCRIPTION DEBATABLE?
Motion to Table This motion is made when a
member wishes to
temporarily postpone a
matter.
No.
Motion to Remove from
Table
This motion is made when a
member wants to remove
item from the table (i.e. an
item that was temporarily
postponed). If the item is not
removed from the table, it is
considered dead.
No.
Motion to Postpone to
Definite Time
This motion is made when a
member knows the date and
time s/he wishes to postpone
a matter.
Debatable
only as to
whether
postponement
is appropriate.
Motion to Postpone
Indefinitely
If made, this motion kills the
main motion.
It is fully
debatable (in
conjunction
with the
merits of the
main motion).
Motion to Call the Question
(i.e. End Debate)
If made this motion ends
debate on a particular matter.
It is not
debatable, but
it does require
a 2/3 vote to
pass.
E. Public Input.
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Time is provided for the hearing of citizens at each regular meeting of the council; this is
done in two ways:
1. Public open forum for anything not on the agenda or on the consent agenda (5
minutes)
2. At public hearings
The mayor and council may limit this time within reason, especially if a group becomes
repetitive on a topic, and the mayor wishes to minimize this. Members should not debate or
discuss an issue with a citizen but rather, simply receive the information. If it is a
straightforward question, the City Administrator can be directed to have a staff member answer
the question individually with the inquirer, or if desired, to answer it at the meeting. It is
important to listen to and to treat citizens respectfully but not to engage them as though they
were members of the city council. The mayor and councilmembers must respect citizens and
each other's right to speak, but the city council can require that the input be stated respectfully.
F. Public hearing procedures.
1. The presiding officer will open the hearing by identifying the subject.
2. Any material to be entered into the record will be read during the first part of the
hearing.
3. Staff Presentation. Staff will give a presentation on the subject.
4. Applicant's Presentation, if needed (many have no interest in speaking if the topic is
handled by the staff).
5. Questions of Clarifications from members.
6. Public Input. The public will have the opportunity to speak for or against the issue.
The public may ask questions, make comments, voice support, agree, or disagree with
the issue.
a. The presiding officer will recognize speaker at podium.
b. At the podium, the citizen must give their name, address (please keep in mind that
a Safe at Home participant – domestic violence victims – are not required to state
their address), and if representing a business, must give the name of the business
or corporation. If an attorney or consultant is representing a client, the client must
be identified for the record.
c. Citizens will generally be allowed to speak a maximum of 3 minutes per item.
However, a citizen may speak more than once on a topic provided everyone has
had an opportunity to speak and the person is recognized by the Chair.
d. Citizens who have material to be handed out to members will pass the material to
the Clerk. The Clerk will then pass the information to the appropriate people.
7. Motion to Close Hearing. The Chair will state if there is an extension of time for public
input into the hearing. If not, the public hearing will be adjourned.
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4. THE RECORD OF THE MEETING
A. Minutes.
The minutes of a public body are not a transcription of the proceedings of the meeting.
Because council meetings and some other commission meetings are videotaped, meeting minutes
need only briefly state what transpired at the meeting. Minutes should include:
1. Time and place of the meeting
2. Members present
3. Summary of all decisions made
4. Who moved and seconded each item
5. Who voted for and against each item
6. Names of all persons other than members who spoke at the meeting and subject on
which they spoke
B. Recordings.
City council meetings are videotaped/recorded and broadcast to the public. Anyone who
wants a complete record of the proceedings may review the tape of the meeting.
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5. ROLES AND RESPONSIBILITIES OF ELECTED AND APPOINTED
OFFICIALS
A. City Council
Authority of the City Council is different than the authority of a city council member.
The council acts as a whole (or by the required majority). No individual member has any
authority to act on behalf of the city. Each member has a fiduciary obligation to the city. While
most city business is open and public, members should keep confidences such as information
shared at lawfully closed sessions.
B. City Administrator
Appointed by the City Council to serve as the city's chief administrative officer, the City
Administrator is responsible for handling day-to-day oversight of city operations. The City
Administrator provides direction for all city departments in accordance with the goals and
policies established by the City Council.
C. Committees and Commissions
The city council has committees and commissions assigned to provide advice to the city
council on various topics. Like city councilmembers, one member of a board or commission
cannot represent the entire board or commission and cannot represent the city council's position
on a topic unless the city council has deemed it appropriate.
D. City Attorney.
If an individual member has a question about a legal matter, the city attorney provides
guidance. The city attorney is available to help but does not represent any individual member’s
opinion or decision.
F. City staff.
The staff directly serves as the staff to committees and commissions by gathering
information and helping accomplish the activities that are being recommended and approved.
The committee and commission members are quite active in providing advice, information and
ideas, but ultimately it is the staffs’ responsibility to be sure that all the information is available
that is needed and that the project, once approved, is moving forward.
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6. GOVERNING DOCUMENT: CITY CODE.
The City Code is the book of laws of the city. Specific city code sections are also referred
to as “ordinances” (e.g. – zoning ordinance; subdivision ordinance). The City Code provides the
substantive rules that apply within the City. New code provisions are adopted, and old code
provisions amended, by the council’s passage of an ordinance. But note – not all ordinances
passed by council end up in the City Code.
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7. OPEN MEETING LAW
A. Open Meetings.
Pursuant to Minnesota Statutes §§ 13D.01 - 13D.07, almost all meetings of the city
council, city commissions, and city committees must be open to the public. A meeting exists
when a quorum of the city council, a city commission, or a city committee is together and:
1. Make a decision concerning city business; or
2. Discuss city business; or
3. Obtain information on city business.
Be wary of serial communications: do not use the “reply all” function in emails. If a discussion is
had via social media, that discussion must be open for participation by the public.
Text Messages and Other Electronic Communication. Serial communication occurs when one
member consults another, who consults another, and so forth. This is not permitted under the
Open Meeting Law. One of the main goals of the Open Meeting Law is to ensure that
deliberations take place in a public setting. It is not advisable to substantively discuss City
matters via text message even with one other member. Text messaging and/or other electronic
communication to other members during a meeting about City matters is also not permitted.
Deliberations and discussions must occur in a public forum.
B. Notice Requirements.
The City Council must give the following notices:
1. A schedule of the regular meetings shall be kept on file at the Council’s primary
offices. Regularly scheduled meetings on your adopted meeting schedule require no
additional notice.
2. Special meetings require mailed & posted or published notice at least three days
before the day of the meeting.
3. Emergency meetings - as soon as reasonably practicable.
C. Closed Meetings.
Notice of the meeting is required stating why the meeting will be closed and the subject
of the meeting. The meeting is still recorded. Closed meetings are allowed in limited
circumstances:
1. Labor negotiations.
2. Pending litigation.
3. Preliminary consideration of charges against an employee.
4. Evaluation of a person subject to its authority.
5. To determine the asking price of property being sold.
6. To review confidential appraisal data.
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7. To develop counteroffers for the purchase or sale of property.
8. To discuss active investigative data.
9. If it would identify victims or reporters of criminal sexual conduct, domestic abuse,
or maltreatment of minors.
D. Penalties.
If a court finds that an individual intentionally violated this open meeting law, penalties
include:
1. Individual fine of $300.00 per occurrence for an intentional violation, which may not
be paid by the City.
2. Three intentional violations in three separate actions can result in removal from
office.
3. Additional costs and attorney's fees may be imposed up to $13,000.00. The City may
pay this amount.
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8. GIFT LAW
Pursuant to Minn. Stat. § 471.895, "An interested person may not give a gift or request
another to give a gift to a local official. A local official may not accept a gift from an interested
person."
• “Local Official” means an elected or appointed official of a city.
• “Interested Person” means a person who has a direct financial interest in a decision
that a local official is authorized to make.
• “Gift” means money, real or personal property, a service or loan, forgiving a debt or a
promise of future employment without the giver being paid equal value.
Exceptions include:
• campaign contributions
• plaques or mementos recognizing service
• trinket or memento of insignificant value
• food if you appear to make a speech
• gifts given because of your membership in a group, a majority of whose members are
not local officials
• gifts by a member of your family
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9. CONFLICTS OF INTEREST
A. Contracts.
Under Minn. Stat. § 471.87, with limited exceptions, a member may not have a personal
financial interest in a sale, lease, or contract with the City. This law applies to all public officers
who are "authorized to take part in any manner in making any sale, lease, or contract in official
capacity." Exceptions and special approval procedure may be available in a given fact situation.
Simply abstaining from voting is not enough. Violation of this prohibition is a crime.
B. Non-Contracts.
The general rule is that any official who has a personal financial interest in a non-contract
action is disqualified from participating in the action. Courts evaluate certain factors to determine
when a conflict requires disqualification. These include:
• the nature of the decision being made
• the nature of the financial interest
• the number of interested officials
• the need, if any, for the interested official to make the decision
• other means available, if any, such as an opportunity for review of the decision, that
serves to insure that the officials will not act arbitrarily to further their selfish
interests.
C. Best Practice.
If you have an actual or potential financial interest in a decision to be made, disclose the
conflict, abstain from voting, and do not participate in the discussion. If you have any concerns,
discuss them with the city attorney. Avoid even the appearance of a conflict.
D. Abstaining.
Abstaining means to refrain from a vote. In this case, a member of a body would be present at
the meeting but would not partake in discussion or voting of the issue before the body.
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10. GOVERNMENT DATA PRACTICES ACT / RETENTION OF DATA
A. Use and Retention of Government Data
1. General The Minnesota Government Data Practices Act, Minnesota Statutes Chapter
13, controls how government data is collected, created, maintained, and released.
“Government data” includes all data collected, created, received, maintained, or
disseminated by the City. In the course of their duties council members and board
and commission members may receive private, confidential, nonpublic and protected
nonpublic data. For convenience, all such data will be referred to herein as “private
data.” Council members and commission members may only maintain and
disseminate private data in accordance with this policy and the Minnesota
Government Data Practices Act.
2. Dissemination Policy City council members and commission members may
generally disseminate private data only to other city council members and
commission members, respectively, to the city attorney, and to staff members who
have the need for such information in conjunction with their official duties. Any
question about what is “private data” or its dissemination should be directed to the
Responsible Authority designated by the city council or to the city attorney.
3. Retention Policy City council and commission members should only retain private
data when needed to fulfill their official duties. When it is no longer needed, the data
should be returned to the city clerk or, if there is a copy that is not part of the city
records, shredded. Upon leaving office, city council and commission members must
shred or return all private data to the city clerk.
B. Classifications of Government Data.
The law classifies data into 3 different types:
1. Public Data.
a. Anyone gets it.
b. Cannot ask who they are.
c. Cannot ask why they want it.
2. Private Data.
a. Not accessible to the public.
b. Is accessible to subject of the data and, if the subject is a minor, by parent.
c. Accessible to city staff with on a need to know.
3. Confidential Data.
a. Not available to public.
b. Not available to subject of the data.
c. Available to city staff with a need to know.
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The classification of government data depends on what kind of data it is. Stamping
something “confidential,” “secret,” or “private” makes no difference. It does not matter whether
the data is kept in your office or at your home.
There is a presumption under the law that all government data is public data. Of course,
there are many exceptions.
Examples of public data include:
• Draft of city council minutes before they are approved.
• Salaries and benefits of city employees.
• Final disposition of any disciplinary action together with specific reasons
Examples of private data include:
• Telephone numbers of city employees. Telephone numbers of residents is, however,
generally public data
• Addresses of city employees.
• Photographs of city employees.
• Name of applicant until finalists.
• Most records relating to juvenile offenses.
• Security information.
• Trade secrets.
Examples of confidential data include:
• Data collected for an active civil or criminal investigation data.
• Internal auditing data until final report released.
• Appraisals.
• Data in arrest warrant index.
• The identities of individuals who complain about the use or condition of property
C. Data on Elected and Appointed Officials
Subdivision 1. Financial disclosure statements. Required financial disclosure statements of
elected or appointed officials which, are filed with the political subdivision, are public data on
individuals.
Subd. 2. Correspondence. Correspondence between private citizens and elected officials is
private data on individuals, but may be made public by either the sender or the recipient.
Correspondence with City Staff is generally public data.
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Subd. 3. Applicants for appointment.
(a) Data about applicants for appointment to a public body collected by a government
entity as a result of the applicant's application for appointment to the public body are
private data on individuals except that the following are public:
(1) name;
(2) city of residence, except when the appointment has a residency requirement that
requires the entire address to be public;
(3) education and training;
(4) employment history;
(5) volunteer work;
(6) awards and honors;
(7) prior government service; and
(8) any data required to be provided or that is voluntarily provided in an application
for appointment to a multimember agency pursuant to section 15.0597.
(b) Once an individual is appointed to a public body, the following additional items of
data are public:
(1) residential address; and
(2) either a telephone number or electronic mail address where the appointee can be
reached, or both at the request of the appointee.
(c) Notwithstanding paragraph (b), any electronic mail address or telephone number
provided by a public body for use by an appointee shall be public. An appointee may
use an electronic mail address or telephone number provided by the public body as
the designated electronic mail address or telephone number at which the appointee
can be reached.
D. Penalties.
The penalties for violating the Minnesota Data Practices Act can be severe:
1. Civil.
a. Actual damages.
b. Punitive damages up to $15,000.
c. Attorney fees.
2. Misdemeanor – willful violation.
E. Tennessen Warning.
When an individual is asked to provide that individual’s private or confidential
information, the Council, commission, or designee must give the individual a Data Practices
Advisory Tennessen warning. This advisory must contain the following:
1. The purpose and intended use of the requested data;
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2. Whether the individual may refuse or is legally required to supply the requested data;
3. Any known consequences arising from supplying or refusing to supply the private or
confidential data; and
4. The identity of other persons or entities authorized by state or federal law to receive
the data.
OPEN MEETING LAW
• The notice must include time, date, location, and purpose of the special meeting
• The public body must post the notice at least three days before the meeting
• A public body may only discuss matters related to those listed on the notice.
Emergency meetings: Special meeting’s urgent circumstances do not allow for the three-day notice, such as in the event of a
natural disaster. No additional notice is required, except that public bodies must make a good faith effort to notify media that
have requested notice.
The Minnesota Supreme Court has stated that the purpose of the Open Meeting Law is to:
• Prohibit public bodies from holding secret meetings where they may hide their decision making process from the public
• To allow the public to be informed
• To allow the public to present its views to their public bodies
The Open Meeting Law (Minnesota Statutes, Chapter 13D) requires meetings of public bodies to be open to the
public. The law also identifies limited times when a public body may or must hold a closed meeting and the requirements
for doing so. The Open Meeting Law does not address administrative concerns like agendas, meeting minutes, or
parliamentary procedure (such as Roberts Rules). There may be other laws public bodies have to follow that affect how
they conduct their meetings.
W H O ?
Public bodies: public bodies are defined in the law and include State-level public bodies and local public bodies (such as
county boards, city councils, and school boards). State public bodies and local public bodies have different requirements.
The law also applies to committees, subcommittees, boards, departments, or commissions of public bodies.
The public: The public has the right to attend open meetings to observe the decision-making process of its governing bo-
dies. The Open Meeting Law does not require that public bodies allow public participation at meetings, but it does not
prohibit public participation, either.
W H A T ?
A meeting occurs whenever a quorum (majority) of the public body is present and discusses official business. There are
three types of meetings: regular meetings, special meetings, and emergency meetings. A meeting or a portion of a
meeting may be closed if the circumstances allow or require closure. Those meetings must be recorded (except those
closed for discussions protected by attorney-client privilege).
W H E N ?
Every public meeting must be properly noticed. The Open Meeting Law has different requirements for notifying the public
regarding when and where meetings are to take place depending on the type of meeting to be held:
Regular meetings: Public bodies must have a schedule of regular meetings.
Special meetings: Any meeting not on the regular schedule or that takes place at a different time, date, or location than a
regular meeting requires a special meeting notice.
W H Y ?
651-296-6733
INFO.DPO@STATE.MN.US | MN.GOV/ADMIN/DATA-PRACTICES DATA PRACTICES
Handout #2
M E M O R A N D U M
TO: CITY OF MENDOTA HEIGHTS
FROM: CITY ATTORNEY
DATE: FEBRUARY 11, 2021
RE: COMMISSIONER AND COUNCIL TRAINING
Staff has requested clarification on a few questions surrounding public official training. This
Memorandum addresses these questions and offers further details surround the Open Meeting
Law (“OML”).
1) What attendance obligations are on the commissioners for attending regularly
scheduled meetings?
Commissioners will be removed from the commission if they fail to attend four or more
regularly scheduled meetings in a calendar year. City Code sections 2-1-4, 2-2-4, 2-4-4.
2) What is the status of official virtual meetings for Mendota Heights? What
geographical limitations exist, if any? Is there a difference between phone and video
meetings?
On March 17, 2020, the city council declared an emergency. Resolution 2020-23 determined that
in-person meetings of the commissions and the city council would be imprudent during the
emergency. This means that under Minn. Stat. § 13D.021, meetings were then authorized to take
place remotely either by video or phone until in-person meetings become practical and prudent
according to the discretion of the City Administrator.
Under Minn. Stat. § 13D.021 subd. 1 (2) permits members of the body to participate from any
physical location. There is a requirement that at least one of the following be present in the
regular location: a member of the body, chief legal counsel, or chief administrative officer.
However, that requirement is waived if such attendance is unfeasible due to the emergency.
Under the statute there is no difference between a meeting held by telephone versus a meeting by
“other electronic means” (i.e. video or zoom).
3)Open Meeting Law (“OML”) and the format of the training itself.
Meetings subject to the requirements of the Open Meeting Law are those gatherings of a quorum
of the governing body and members discuss, decide, or receive information relating to the
official business of that governing body. Moberg v. Independent School District No. 281, 336
N.W.2d 510, 518 (Minn. 1983).
The Attorney General determined that private training for a public body must focus on
“developing general techniques in dealing with municipal matters rather than toward resolving
specific problems.” Op. Atty. Gen. 63a-5 (February 5, 1975). So long as official business issues
are not deliberated, training programs are not a meeting. Discussions regarding education on
responsibilities, communication, roles, and rules is appropriate. Advisory Opinion 16-006.
Handout #3
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A group training is appropriate and by extension, the breakout rooms are also appropriate so long
as official matters are not deliberated in either. To be sure that no OML violation exists the
breakout rooms may be designed so that no quorum for any one commission exists.
4) Walk through various OML scenarios.
•Scenario 1: Can a whole commission or a whole council meet as a socially so long as
they do not discuss business? Can council members and or commissioners meet so long
as there is not a quorum of either group?
Although it could be the case that a quorum of a commission or a council would be able to meet
privately and not violate the OML, such gatherings likely could have an appearance of
impropriety. Advisory Opinion 18-003. We encourage members of these bodies to exercise great
caution if conducting such social gatherings. To avoid violating OML, either there must be less
than a quorum gathered or if a quorum is gathered there must be no discussion of official
business.
•Scenario 2: Can members of a public body call or email each other?
Telephone calls, letters, or emails could violate the OML under certain circumstances. Moberg v.
Indep. Sch. Dist. No. 281, 336 N.W.2d 510 (Minn. 1983). Advisory Opinion 17-005. The League
of Minnesota Cities advises that public bodies should not use telephone calls, email, or other
technology to communicate back and forth with other members if a quorum of the public body
will be contacted regarding the same matter and official business is being discussed. League
Memo page 23.
•Scenario 3: Is there a rule prohibiting members from “replying all” or emailing every
member of a public body at once? Why can staff email all members of a body and
members cannot?
Similar to the above scenario, members must avoid emailing a quorum of other members about
official business. League Memo, page 21. Staff is able to communicate regarding operational
matters with all of the members of the body, but such communication cannot merely be a way to
avoid following OML. Also, “one-way communication between the chair and members of a
public body is permissible, such as when the chair or staff sends meeting materials via email to
all board members, as long as no discussion or decision-making ensues.” Advisory Opinion 09-
020.
•Scenario 4: Can someone make a data practices request for my text messages or emails
on my personal devices that I send or receive while I am attending an official meeting?
What about outside of an official meeting?
Government data is subject to data practices requests. Government data is created when members
of a public body are acting in their capacity as public officials and sending or receiving
correspondence from personal cellphones, computers, or home addresses. Minn. Stat. § 13.02,
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subd. 7. League Memo, page 23. Advisory Opinion 12-019. Such government data can be
obtained through a data practices request.
Whether an official is in a meeting or not does not necessarily matter. For example, if a council
member is an official meeting and is texting a fellow member about a variance request before
them that information is government data that would be released with a data practices request. If
that same information was sent while the sender was at a movie theater would still be released in
the course of a data practices request. However, if a council member is texting their spouse about
a new movie during an official meeting, that is not government data and would not be released if
requested because it does not deal with city businesses.
Not every city has the resources to, but it is recommended that every member of a public body
have their own city email. If a member is using a personal email account that member should be
sure to separate personal emails from city emails and not delete city emails without consulting
city staff or the city attorney on retention rules.
5) What are the penalties for violating OML?
Minn. Stat. § 13D.06, subd. 1 states that a person who intentionally violates OML is subject to
$300 personal penalty for a single occurrence. Under Minn. Stat. §13D.06 subd. 2 a member of
the public can file a lawsuit to enforce OML. This litigation could result in massive costs and
damages including attorney’s fees. If three or more violations occur the person may be removed
from the governing body. Minn. Stat. §13D.06, subd. 3.
M E M O R A N D U M
TO: CITY OF MENDOTA HEIGHTS
FROM: CITY ATTORNEY
DATE: FEBRUARY 18, 2021
RE: COMMISSIONER AND COUNCIL TRAINING-SOCIAL MEDIA
Open Meeting Law
A quorum of members having a discussion about public business on social media, such as in the
comment section of a private Facebook page, could constitute a meeting in violation of the Open
Meeting Law. Minn. Stat. §13D.065.
First Amendment Rights 1
There are some rules of the road that officials can use to avoid violating constitutional rights
while using social media. Here are some guidelines if you have a social media page for your
office (i.e. Jane Doe, City Council Member):
• Do not delete unwelcomed comments or block a bothersome account from your page.
• Removing comments based on viewpoint or opinion is impermissible.
• Comments may be removed if they are obscene, pornographic, or criminal.
• The bar is very high for deleting comments or blocking accounts. Annoying content,
disagreeable tone, even untruths about you as an official may all be protected under the
First Amendment.
If you have a private social media page avoid posting about city business and constituent
relations on your personal social media pages. Courts have held that if you are using the power
and prestige of your office and performing duties of that office through your private page you
may be engaging in unconstitutional conduct if you delete comments or prevent people from
viewing your private page.
Conduct Online
The law around social media and the First Amendment is in its infancy, but we do know about
the court of public opinion and the dynamic nature of social media. Public officials are strongly
discouraged from the following activities whether on or offline:2
• Disclosure of private or confidential information
• Posting photographs of fellow employees or citizens without their permission
•Harassment, retaliation, defamation
• Using government resources (computers, phones) for political purposes or campaigns
1 Information from a presentation “Emerging First Amendment Trends for Cities: The First Amendment, Social
Media and the Courts” Minnesota Association of City Attorneys, Educational Conference, February 6-7, 2020,
Patricia Beety, LMC General Counsel.
2 Guidance from National League of Cities, Risk Information Sharing Consortium: Building Local Government
Social Media Policies
Handout #4