[Winona Online Democracy] Janice asked about closed meetings / the Open Meeting Law. The article in this morning's Daily News (below) speaks to that issue. http://www.mnnewspapernet.org/ might be a resource.
Another is the law itself http://www.revisor.leg.state.mn.us/stats/13D/ Craig Brooks ********************* Story originally printed 8/3/04 in the Winona Daily News or online at http://www.winonadailynews.com.com City discusses Pelzer behind closed doors By Jeff Dankert | Winona Daily News The Winona City Council held a closed-door meeting Monday night to discuss required eminent domain litigation against Key Real Estate with regard to the Pelzer Street reconstruction project. Richard Blahnik, city attorney, said Monday he believed the attorney-client privilege exception to the state open meetings law allowed the city to close the meeting to the public. Blahnik and the city are the attorney and client in this case. However, Mark Anfinson, an attorney who represents the Minnesota Newspaper Association, said the city's notice and Blahnik's justification is a "garden variety" violation of the open meeting law, as courts have interpreted it in recent cases. "I really think this is beyond the boundaries of the attorney-client privilege exception," he said. "I think the meeting should be open." The closed meeting concerned possible action the city would take, Blahnik said. The city, with help of engineering and property consultants, is acquiring private land along each side of Pelzer and a section of U.S. Highway 14 to widen the route. The city has not filed a court document, he said. "It's a question of whether in fact there should be action initiated by the city," he said before the meeting. "The city staff is of the opinion that there should be litigation initiated. I would presume that probably that will be the conclusion of the council as well, but it's a matter of listening to the facts and determining whether in fact litigation should be initiated." The council cannot authorize pursuit of litigation behind closed doors, Blahnik said. If it decides to pursue litigation, it will make the decision in an open meeting, and available court documents are open to public and media examination. During the City Council meeting Monday night, council members voted to proceed with litigation. Anfinson said litigation had yet to begin and therefore, Monday's closed meeting does not meet the exception to the open meeting law. "Unfortunately the law is sufficiently complicated so nobody, except in very rare cases, can say absolutely (the city) is wrong," Anfinson said. Anfinson and his client, Prior Lake American newspaper, won a case two years before the Minnesota Supreme Court. Six of seven judges voted that the Prior Lake City Council had violated state law when it closed a meeting and claimed attorney-client privilege. "It made it crystal clear in my judgment that the scope of this exception (attorney-client) is intended to be very narrow and except in rare cases cannot be used unless the public officials are talking about specific litigation tactics," Anfinson said. The state open meeting law intends to make government workings transparent and detectable by the public, in other words, defends the public's right to know what its government is doing. The court said in the Prior Lake ruling there must be a clear need for "absolute confidence" in order to close a meeting to protect attorney-client privilege. Under the Pelzer Street project proposal, the city will widen Pelzer to four lanes and build a bridge over the railroad tracks near the intersection of Pelzer and Theurer Boulevard. The plan is an outgrowth of a citywide transportation study by consultants and the Minnesota Department of Transportation. Two consulting firms are helping the city acquire the 43 pieces of private property needed to expand the traffic corridor. Project consultants will hold another public open house and answer questions from 12:30 to 4 p.m. Wednesday at City Hall, 207 Lafayette St. Contact reporter Jeff Dankert at (507) 453-3513, or e-mail: [EMAIL PROTECTED] All stories copyright 2000, 2001, 2002 Winona Daily News and other attributed sources. --- Janice Turek <[EMAIL PROTECTED]> wrote: > [Winona Online Democracy] > > Thank you Tim on the clarifications regarding > meetings. I am sure as time > goes on and different meetings are held this > information will continue to be > helpful not only in this discussion but in others as > well. I am wondering > if you have more specific information or guidelines, > or know where I may get > them regarding closed meetings, notification of > meetings, and open public > meetings. Does anyone on WOD know where a person not > on a government council > or committee can get these guidelines, online or > otherwise. Thanks Janice > Turek ===== <(©¿©)> Craig [EMAIL PROTECTED] _______________________________________________ This message was posted to Winona Online Democracy All messages must be signed by the senders actual name. No commercial solicitations are allowed on this list. To manage your subscription or view the message archives, please visit http://mapnp.mnforum.org/mailman/listinfo/winona Any problems or suggestions can be directed to mailto:[EMAIL PROTECTED] If you want help on how to contact elected officials, go to the Contact page at http://www.winonaonlinedemocracy.org
