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ATTACHMENT A - Page 2 of 3 <br />Council Minutes dated 4/25/89-- <br />SUBDIVISION 2. <br />"Any person who violates subdivision 1 shall be sub- <br />ject to personal liability in the form of a civil penalty in <br />an amount :lot to exceed $100 for a single occurrence. ..... <br />Upon a third violation by the same person connected with the <br />setae governing body, such person shall forfeit and further right <br />to serve on such governing body or in any other capacity with <br />such public body far a period of time equal to the tei of Office <br />such person was then serving. ......'l <br />TH:: SUPREME COURT JF MINNESOTA, ON SEPTEMBER 17, 1976, D&TER- <br />MINED THAT THE MINNESOTA OPEN MEETING LAW IS NOT INCONSIBTE14T WITH <br />THE ATTORNEY -CLIENT PRIVILEGE ANU THE TWO CONCEPTS ARE CAPABLE OF <br />COMPATIBLE AND CONCURRENT OPERATION, ASSUMING THAT THE PUBLIC <br />OFFICIERS AN-) ATTORNEYS DO NOT ABUSE THEIR TRUST BY EXTENDING THE <br />PRIVILEGE, AS A MERE CONDUIT TO SUPPRESS PUBLIC OBSERVATION OF THE: <br />DECI11ON MAKING PROCESS. <br />THL ATTORNEY -CLIENT EXCEPTION TO MINJESOTA OPEN i&z72ING LAW <br />WILL ALMOST NEVER EXTRND TO MERE REQUEST FOR GENERAL LEGAL ADVICE OR <br />OPINI,)N BY PUBLIC i3ODY IN ITS CAPACITY AS PUBLID AGENCY. <br />IN FACT, .TUS'rICE SCUTT oTATED THXi' "Public board members, <br />sworn to uphold the law, may not arbitrarily or unnecessarily <br />inflate confidentiality for tho purpose of de t'lating the spread <br />of the p blic meeting law. Neither the attorney's presence <br />nor the gappenstance of some kind of lawsuit may serve as the <br />pretext for secret consultations whose revelation will not <br />injure the public interest. To attempt a generalization <br />embracin& the occasions for genuine confidentiality wound <br />be rash. ..... <br />IN LIGHT OF THE PARANonEi.� SET FORTH IN THE MIANESOTA OPEN <br />MEE'TIDG LAW, I INSIST AND DE."='A;LiD THAT YOU IMMIMIATELY DISCLOSE ALL <br />INFORMATION TO THE: PUBLIC REGARDING YOUR DISCUSSIONS, 'VOTES, AND <br />AUTHORIZATION OF EXPENDITURES F PUBLIC FUNDS FOR THL INVESTIGATION <br />OF ANNEXING T:iE COMMUNITY OF LONG LAKL INTO THE CITY OF ORONO, A14D <br />HERETO FORWARD, PROVIDE THE PUi0LIC WITH STATUTORY ADVANCE NOTICE: OF <br />*MORE* <br />