Note: In 2021, the Legislature amended Minnesota Statutes, section 13D.01, subds. 4 and 5, related to a journal of votes.

This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2019). It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

Jeff Maus asked for an advisory opinion regarding Greenwood Township Board of Supervisors’ (Board) conduct under the Open Meeting Law (OML), Minnesota Statutes, Chapter 13D. Michael C. Couri, attorney, responded on behalf of the Board.

Mr. Maus provided the following summary of the issue:

On October 1, 2019, I requested to view “the record of the vote of each member on each appropriation of money recorded August and September 2019 Board meetings (sic).” 

The Township denied my request, writing “per town board motion – Maus is to receive no information from the Township.”

Issue:

Discussion:

The Open Meeting Law requires public bodies to maintain a journal of votes and the journal must be “open to the public during all normal business hours where the records of the public body are kept.” (See Minnesota Statutes, section 13D.01, subdivisions 4 and 5.)

In its comments to the Commissioner, the Board wrote: 

After expressing his concerns about Mr. Maus' continued requests for information while [Mr. Maus’s] claim against the Township remained pending, Supervisor Ralston made a motion as follows: "So, just, I think the blanket answer can be no. And let him carry it further. As long as we 're talking about the emails and stuff. And I'll make that a motion." …. 

The motion appears to have been limited to "emails and stuff”' that would not be provided to Maus. Recognizing the confusion that might exist, the following discussion ensued:

 Treasurer Pam Rogers: “What about things like the minutes and this stuff, the public stuff?” 

Supervisor Ralston: “He can get it out of the public folder. Just like anybody else.” 

Treasurer Rogers: “OK, she's [referring to Sue Drobac, the Town Clerk] been making him a packet.”

Supervisor Ralston: “I mean, I think that, you know, public folder, you can get it at a meeting.” 

Clerk Sue Drobac: “This is all public information.”

Following this discussion, the Town Board approved the motion.

Given that the motion was limited to "emails and stuff”' which was further clarified prior to the vote on the motion to make clear that it did not apply to the minutes of the Town Board meetings where the votes of the Town Board are recorded, it is clear that the Town Board's motion did not restrict Mr. Maus' access to the Town Board minutes. Instead, the motion requires that Mr. Maus be treated “'just like everybody else” in terms of what information is available to the public. Even Clerk Drobac recognized that the minutes of the Town Board meetings were public information. 

As to Mr. Maus' October 1st request “to view the record of the vote of each member on each appropriation of money recorded August and September 2019 Board meetings”, it would appear that the August minutes were clearly available for viewing as they were approved at the September 10th Town Board meeting and were part of the agenda packet made available to the public at the September 10th meeting. It is also clear that the Town Board's motion did not prohibit Mr. Maus from viewing this information.

The Board’s comments focusing on meeting minutes here are misplaced. The Board has an obligation to maintain a journal of votes and to provide access to the journal of votes, during all normal business hours where the journal is kept. The result of the Board’s action is to restrict access to the journal of votes to meeting times for Mr. Maus, specifically. This is contrary to the plain language of section 13D.01.

The Commissioner addressed a similar situation in Advisory Opinion 07-014:

Given the Supreme Court's direction to construe Chapter 13D in favor of public access, it is the Commissioner's opinion that restricting public access to the journals to the night of the monthly Board meeting is not in compliance with Chapter 13D. The Board should establish more times when the journals are available at the Town Hall or consider changing the location where the journal is stored to one that allows requesters more access.

Thus, the Board should provide a way for all members of the public to access the journal of votes during regular business hours where the records are kept, as required by section 13D.01, subd. 5. The Board cannot restrict, via motion, something that is guaranteed in statute.

Finally, the Board argued that the members’ conduct was not at issue here, but rather the Township Clerk’s actions in responding to Mr. Maus’s request. While it is outside the scope of the Commissioner’s authority, she notes that perhaps a motion to preclude public access to “emails and stuff” does not provide sufficient direction to township staff members who implement the decisions of the Board.

Opinion:

Based on the facts and information provided, the Commissioner’s opinion on the issue raised is as follows:

The Greenwood Township Board of Supervisors did not provide appropriate access to the votes of members, in response to an October 1, 2019, request.

Signed:

Alice Roberts-Davis
Commissioner

January 14, 2020