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About Search Results

The advisory opinion library currently includes:

Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.

The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.

A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.

Results 1 - 3 of 3

Advisory Opinion 16-005

July 13, 2016, Westfield Township Board of Supervisors

This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2016). It is based on the facts and information ...

Description: a member of the public asked whether a Township Board complied with Open Meeting Law (OML) requirements for a special meeting; whether the board held serial meetings; and whether the board violated the law when a quorum attended a county planning commission meeting at which zoning/planning issues were discussed. The Commissioner determined that the board acted properly because the actions it took during the meeting were related to the special meeting notice. In addition, the board did not meet outside of the noticed special meeting or otherwise engage in serial meetings. Finally, because a quorum of the board attended and participated in the county planning commission meeting, relayed board business, deliberated, and received information as a group on issues relating to its official business, the quorum’s presence at the county planning commission meeting was a special meeting that the board should have noticed.

Category: Open Meeting Law

Keywords: Open Meeting Law, Interpretation of meeting, Serial meetings

Commissioner: Matthew Massman

mn.gov/admin/data-practices/opinions/library/opinions-library.jsp?id=36-267093

Advisory Opinion 10-011

April 23, 2010; State of Minnesota Board of Public Defense

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...

Description: Did the State Board of Public Defense comply with Minnesota Statutes, Chapter 13D, when, at a February 11, 2010, open meeting, (1) board members left the meeting to deliberate in a separate room and (2) after returning to the meeting, conducted a straw poll?

Category: Open Meeting Law, Open Meeting Law

Keywords: Open Meeting Law, Open Meeting Law, Serial meetings, Voting

Commissioner: Sheila M. Reger

mn.gov/admin/data-practices/opinions/library/opinions-library.jsp?id=36-267612

Advisory Opinion 06-017

May 25, 2006; Spring Grove City Council

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...

Description: Did the members of the Spring Grove City Council comply with the Open Meeting Law, Minnesota Statutes, Chapter 13D, on March 31, 2006, when a majority voted by telephone to hire a candidate for the position of accountant?

Category: Open Meeting Law

Keywords: Open Meeting Law, Quorum, Serial meetings

Commissioner: Dana B. Badgerow

mn.gov/admin/data-practices/opinions/library/opinions-library.jsp?id=36-267022

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