04-25-1988 Council Minutes - Laserfiche WebLink

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• SUBDIVISION 2. ® M ATTACHMENT A - Page 2 of 3 Council Minutes dated 4/25/88— "Any person who violates subdivision 1 shall be sub- ject to liability occurrence.alt;•in Upon a third violation by the same person connected with the smae governing body, such person shall forfeit an5t further right to serve on such governing body or in any other capacity with such public body far a period of time it equal to the term of office such person was then serving. .9.000 THE SUPREME COURT OF MINNESOTA, ON SEPTEMBER 17, 1976, DETER- MINED THAT THE MINNESOTA OPEN MEETING LAW IS NOT INCONSISTENT WITH THE ATTORNEY - CLIENT PRIVILEGE AND THE TWO CONCEPTS ARE CAPABLE OF COMPATIBLE AND CONCURRENT OPERATION, ASSUMING THAT THE PUBLIC OFFICIERS AND ATTORNEYS DO NOT ABUSE THEIR TRUST BY EXTENDING THE PRIVILEGE AS A MERE CONDUIT TO SUPPRESS PUBLIC OBSERVATION OF THE DECISION MAKING PROCESS. i THE' ATTORNEY- CLIENT EXCEPTION TO MINNESOTA OPEN MEETING LAW VILL ALMOST NEVER EXTRND TO MERE REQUEST FOR GENERAL LEGAL ADVICE OR OPINION BY PUBLIC BODY IN ITS CAPACITY AS PUBLID AGENCY. IN FACT, JUSTICE SCOTT STATED THAT "Public board members, sworn to uphold the -law, may not arbitrarily or unnecessarily, inflate confidentiality for the purpose of deflating the spread of the public meeting law. Neither the attorney's presence nor the happenstance of some kind of Lawsuit may serve . as. the pretext for secret consultations whose revelation will-not injure the public interest. To attempt a generalization embracin& the occasions for genuine confidentiality wouaLd be rash. 000.0 IN LIGHT OF THE PARAMETERS SET FORTH IN THE MINNESOTA OPEN MEET17OG LAW,;I INSIST AID DEMAND THAT YOU IMMEDIATELY DISCLOSE ALL INFORMATION TO THE PUBLIC REGARDING YOUR DISCUSSIONS, VOTES, AND AUTHORIZATION OF EXPENDITURES OF PUBLIC FUNDS FOR THE INVESTIGATION • OF ANNEXING THE COMMUNITY OF LONG LAKE INTO THE CITY OF ORONO, AND HERETO FORWARD, PROVIDE THE PUBLIC WITH STATUTORY ADVANCE NOTICE OF *14ORE*