Open Meeting Law Remedies

If there is a violation of the Open Meeting Law, a person can seek enforcement of the law through the courts. An action may be brought by any person in any court of competent jurisdiction where the administrative office of the governing body is located (Minnesota Statutes, section 13D.06, subd. 2). Information about what remedies are available when there is a violation of the Open Meeting Law is provided below and can also be found in our informational video on the topic.

Please note: neither the Data Practices Office nor the Department of Administration has the power to enforce the requirements of the Open Meeting Law. However, the Commissioner of Administration does have authority to issue non-binding advisory opinions to parties seeking resolution of disputes related to the Open Meeting law. For more information about the advisory opinion process see our page on Advisory Opinions.

Civil lawsuit in district court

The following remedies are available to a plaintiff who brings a civil lawsuit in district court under Minnesota Statutes, section 13D.06:

• Civil Penalty
  A person who intentionally violated the Open Meeting Law is personally liable for a civil penalty of up to $300 per occurrence. The penalty may not be paid by the public body (subd. 1).
  
  
• Forfeiture of Office
  If a person is found to have intentionally violated the Open Meeting Law in three or more separate actions involving the same governing body, the person forfeits any further right to serve on the governing body (subd. 3; Funk v. O’Connor, 916 N.W.2d 319 (Minn. 2018)). 
  
  
• Costs & Attorney Fees
  The court may award reasonable costs, disbursements, and reasonable attorney fees of up to $13,000 (subd. 4).