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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 11
Advisory Opinion 23-003
September 7, 2023; Crosslake City Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information ...
Description: Members of the public asked whether a city council violated the Open Meeting Law when it discussed topics during a special meeting that were not described in the special meeting notice's purpose. The Commissioner opined that the council did not provide appropriate notice of its special meeting because the purpose in the notice failed to describe all topics that councilmembers discussed.
Category: Open Meeting Law, Meeting notice
Keywords: Open Meeting Law, Meeting notice, Special meeting notice
Commissioner: Stacie Christensen Temporary
Advisory Opinion 22-009
December 8, 2022; Modern Montessori Charter School
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information ...
Description: A member of the public asked whether the school board of a charter school violated the Open Meeting Law when it did not record the closed portion of a meeting and whether the board provided appropriate notice of the purpose of a special meeting. The board acknowledged it failed to record the closed meeting at issue as required by the OML and described steps it would take to avoid similar situation in the future. The Commissioner opined that the board did not provide appropriate notice of the special meeting's purpose because the notice indicated the board would hold closed session "for preliminary consideration of allegations or charges against an individual subject to the board's authority." However, the board violated the OML when it moved beyond the stated purpose of a "preliminary consideration" when it also voted to impose discipline on the individual.
Category: Open Meeting Law, Closed meetings, Meeting notice
Keywords: Open Meeting Law, Closed meetings, Meeting notice, Special meeting notice, Recording meetings
Commissioner: Alice Roberts-Davis
Advisory Opinion 21-001
January 3, 2021; West Lakeland Town Board of Supervisors
Note: In 2021, the Legislature amended Minnesota Statutes, section 13D.01, subd. 4, related to a journal of votes.
This is an opinion of the Commissioner of ...
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 19-006
April 9, 2019; Rockville City Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: A city council held a special meeting and provided notice by posting the proposed agenda. At the special meeting, the Council took action on three items that it had not identified in the notice. At a subsequent regular meeting, the Council approved meeting minutes of the special meeting but did not provide a copy of the minutes in the public packet. The Commissioner concluded that the Council members did not comply with the Open Meeting Law at either meeting.
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials, Special meeting notice, Notice
Commissioner: Alice Roberts-Davis
Advisory Opinion 14-015
October 23, 2014; City of Crystal
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2014). It is based on the facts and information ...
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 12-004
March 8, 2012; City of Kasson Library Board
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2011). It is based on the facts and information ...
Description: Did the City of Kasson Library Board comply with Minnesota Statutes, section 13D.04, regarding notice of a special meeting held Friday, October 21, 2011?
Did the City of Kasson Library Board comply with Minnesota Statutes, section 13D.05, regarding electronic recordings of certain closed meetings?
Category: Meeting notice, Open Meeting Law
Keywords: Meeting notice, Open Meeting Law, Special meeting notice
Commissioner: Spencer Cronk
Advisory Opinion 10-013
April 29, 2010; Middle Snake Tamarac Rivers Watershed District Board
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 members of the Middle Snake Tamarac Rivers Watershed District Board (MSTRWDB) comply with Minnesota Statutes, Chapter 13D, regarding the notice of a special meeting held November 30, 2009?
Category: Meeting notice, Open Meeting Law
Keywords: Meeting notice, Open Meeting Law, Special meeting notice
Commissioner: Sheila M. Reger
Advisory Opinion 07-014
June 27, 2007; Hampton Township Board
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 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
Advisory Opinion 06-020
June 23, 2006; Minneapolis School Board
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 Minneapolis School Board comply with Minnesota Statutes, section 13D.01, subdivision 3 when they conducted closed meetings on October 25, November 8, November 15, November 29, December 6, December 10, December 13, and December 20, 2005 and on January 10, January 31, February 14, February 21, March 14, March 21, and March 28, 2006, following notices that consisted only of the broad statement: "If necessary, the Board will also meet in a closed Executive Session prior to or after the meeting for the purpose of discussing and/or acting on legal matters, personnel items, negotiations and expulsions?"
Did the members of the Minneapolis School Board comply with Minnesota Statutes, section 13D.05, subdivision 3(a) on November 29, 2005, when they (through their Chair) summarized a closed meeting conducted on the same date concerning the performance of the superintendent?
Did the members of the Minneapolis School Board comply with Minnesota Statutes, section 13D.05, subdivision 3(a) when they conducted closed meetings on September 6 and November 29, 2005, to evaluate the performance of a single individual who was subject to the Board's authority?
Category: Open Meeting Law, Meeting notice, Closed meetings
Keywords: Open Meeting Law, Meeting notice, Closed meetings, Closed meetings, Individual performance, Special meeting notice, School boards
Commissioner: Dana B. Badgerow
Advisory Opinion 06-012
April 7, 2006; Brunswick Town Board
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 Brunswick Town Board comply with Minnesota Statutes, Chapter 13D, when they held a meeting outside the territorial limits of Brunswick Township on August 26, 2005?
Did the members of the Brunswick Town Board comply with Minnesota Statutes, section 13D.04, subdivision 2(a), for meetings held on August 26, 2005 and August 29, 2005?
Did the members of the Brunswick Town Board comply with Minnesota Statutes, section 13D.01, subdivision 3, for meetings held on August 26, 2005 and August 29, 2005?
Category: Meeting notice, Closed meetings, Closed meetings, Open Meeting Law
Keywords: Meeting notice, Closed meetings, Closed meetings, Open Meeting Law, Notice, Statement on record, Special meeting notice
Commissioner: Dana B. Badgerow