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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 - 10 of 60
Advisory Opinion 18-011
August 1, 2018; Greenwood Township Board
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information ...
Description: A member of the public asked whether a town board had violated the Open Meeting Law (OML) by not providing, in the public packet of members’ materials, a copy of a document the board discussed. The Commissioner acknowledged that the document was available to the public at an earlier meeting, and that the board read it aloud at the meeting in question. The Commissioner concluded that nonetheless, the board violated the OML by not having a least one public copy of members’ materials available to the public, as required by Minn. Stat. § 13D.01, sub. 6.
Category: Open Meeting Law
Keywords: Open Meeting Law,
Commissioner: Matthew Massman
Advisory Opinion 07-024
November 14, 2007; Minneapolis 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: When the Minneapolis City Council's Public Safety and Regulatory Services Committee and Health, Energy and Environment Committee met jointly on February 15, 2006, did they comply with Minnesota Statutes, section 13D.01, subdivision 6?
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Dana B. Badgerow
Advisory Opinion 22-004
July 15, 2022; Hillman Township Board of Supervisors
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2021). It is based on the facts and information ...
Description: A member of the public asked whether a township board of supervisors violated the Open Meeting Law when a quorum of the board held a private discussion before its noticed meeting, and whether the board violated the OML when it did not provide access to public meeting materials during its meeting. The Commissioner opined that if the board discussed public business before its noticed meeting, it violated the OML. The Commissioner further opined that the board violated the OML when it failed to provide access to public meeting materials in the meeting room pursuant to Minnesota Statutes, section 13D.01, subdivision 6.
Category: Open Meeting Law
Keywords: Open Meeting Law, Members materials, Quorum
Commissioner: Alice Roberts-Davis
Advisory Opinion 08-015
July 9, 2008; Roseville 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 Roseville City Council comply with the requirements of Minnesota Statutes, section 13D.01, subdivision 6 at a meeting held on February 11, 2008?
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Dana B. Badgerow
Advisory Opinion 14-015
October 23, 2014; City of Crystal
... the City Council comply with Minnesota Statutes, section 13D.01, subdivision 3(a), and section 13D.05, at ... the City Council comply with Minnesota Statutes, section 13D.01, subdivision 3(a), and section 13D.05, at ...
Description: A member of the public asked
whether a city council’s conduct under the OML
was proper on eight different occasions. The
council’s “work sessions” were special, not regular
meetings, but the Commissioner could not
determine whether the council complied with the
special meeting notice requirements under section
13D.04, or held an improper meeting via email. The
council did not properly close meetings and
discussed impermissible topics in closed session,
per section 13D.01, subdivision 3, and section
13D.05. The council also improperly excluded
members of the public who were not disruptive. It
did not comply with section 13D.05, subdivision 3
(a), because it did not provide the required
summary of a performance evaluation. It did not
comply with section 13D.01, subdivision 6, because
a public copy of members’ materials was not
available.
Category: Open Meeting Law, Meeting notice, Closed meetings
Keywords: Open Meeting Law, Meeting notice, Closed meetings, Attorney-client privilege, Email, Meeting calendar, Closed meetings, Statement on record, Notice, Special meeting notice, Public comments
Commissioner: Matthew Massman Acting
Advisory Opinion 21-001
January 3, 2021; West Lakeland Town Board of Supervisors
... journal of votes pursuant to Minnesota Statutes, section 13D.01, subdivision 4?
The OML requires:
(a) The votes ... amounts fixed by statute. (See, Minnesota Statutes, section 13D.01, subdivisions 4.)
Mr. Anderson requested access to the ...
Description: A member of the public asked about the conduct of the West Lakeland Township Board of Supervisors under the Open Meeting Law, Minnesota Statutes, Chapter 13D. The member of the public raised four issues including the requirement to maintain a journal of votes, special meeting notice requirements, members’ materials, and discussions at special meetings. The Commissioner opined that the Board was not complying with the law because it did not keep a separate journal of the votes pursuant to Minnesota Statutes, section 13D.01, subdivision 4. The Commissioner opined that the Board did not comply with the law when it changed the location of a meeting without providing the three day notice required by Minnesota Statutes, section 13D.04. The Commissioner could not determine whether the Board complied with the requirements to provide one copy of the members’ materials at a meeting because there was a factual dispute. Finally, the Commissioner could not determine whether the Board had a discussion outside of the noticed purpose of a special meeting because there was a factual dispute as to whether the item the Board discussed was related to the stated purpose.
Category: Open Meeting Law
Keywords: Open Meeting Law, Journal of votes, ballots, Purpose, Special meeting notice, Members materials, Printed materials, Townships
Commissioner: Lenora Madigan Deputy
Advisory Opinion 17-006
August 30, 2017; Brunswick Township Board
... Brunswick Town Board comply with Minnesota Statutes, section 13D.01, subdivision 6, by not providing a public copy ... the following guidance. The plain language of section 13D.01, subdivision 6, requires that the public body make “ ...
Description: a member of the public asked whether a town board violated the Open Meeting Law when a quorum of members met and discussed documents prior to calling a meeting to order. The Commissioner opined that the issue involved a factual dispute that could not be resolved. The opinion requester also asked whether the Board violated the OML because a public copy of all members’ materials was not available to the public at the meeting. The Commissioner opined that the Board did not comply with the OML, because it did not provide a public copy of all members’ materials.
Category: Open Meeting Law
Keywords: Open Meeting Law, Townships
Commissioner: Matthew Massman
Advisory Opinion 22-002
March 22, 2022; Turtle Lake Township Board of Supervisors
... of the Open Meeting Law, Minnesota Statutes, section 13D.01, subdivisions 4 and 5.
Discussion:
The Minnesota Supreme ... public the Town complied with Minnesota Statutes, section 13D.01, subd.’s [sic] 4 and 5.
The voting ...
Description: A member of the public asked whether a township board of supervisors violated the Open Meeting Law when it directed him to access its record of votes that were contained in meeting minutes posted on its website. The Commissioner opined that the board violated the Open Meeting Law because the plain language of Minnesota Statutes, section 13D.01, subdivision 5 requires a public body to provide access to its voting record in the location where it is maintained regardless of the availability of the records online.
Category: Open Meeting Law
Keywords: Open Meeting Law, Journal of votes, ballots, Townships
Commissioner: Alice Roberts-Davis
Advisory Opinion 14-014
October 13, 2014; City of Corcoran
... Discussion:
Issue 1. Pursuant to Minnesota Statutes, sections 13D.01, subdivision 3 and 13D.05, subdivision 3, did ... omitted.)
Issue 2. Pursuant to Minnesota Statutes, sections 13D.01, subdivision 3 and 13D.05, subdivision 3, did ...
Description: A member of the public asked whether
a public body properly closed two meetings to discuss
the purchase of property, pursuant to section 13D.05,
subdivision 3(c)(3). At the meetings, both the Mayor
and the City Attorney made comments preceding the
closing of the meetings. The statements were
insufficient under the OML because the statement must
be given by the public body, include the grounds
permitting or requiring the meeting to be closed, and
specifically describe the subject of the meeting.
Additionally, for sale or purchase of property, the
statement must identify the particular properties.
Category: Closed meetings, Open Meeting Law
Keywords: Closed meetings, Open Meeting Law, Property sale or purchase (13D.05, subd. 3(c))
Commissioner: Matthew Massman Acting
Advisory Opinion 07-014
June 27, 2007; Hampton Township Board
... Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 5 when it limited access to the ... Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 6 at meetings held on December 19, ...
Description: Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.04, subdivision 2, when it posted a notice for a special meeting on September 13, 2006, that contained the statement "Other Legal issues may be discussed?"
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, Chapter 13D when a quorum left the meeting room on September 13, 2006, and had a discussion with the township's attorney?
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 5 when it limited access to the journal in which votes are kept to once a month during the regular meeting of the Township Board?
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 6 at meetings held on December 19, 2006, January 16, 2007, February 20, 2007, March 21, 2007 and April 17, 2007?
Category: Open Meeting Law, Open Meeting Law, Open Meeting Law, Meeting notice
Keywords: Open Meeting Law, Open Meeting Law, Open Meeting Law, Meeting notice, Journal of votes, ballots, Special meeting notice, Printed materials, Quorum
Commissioner: Dana B. Badgerow
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