HomeMy WebLinkAboutHousing & Redevelopment Authority Packet 03-23-2023 - SpecialHousing and Redevelopment Authority 1 of 1 March 23, 2023
CITY OF PLYMOUTH
AGENDA
Special Housing and Redevelopment Authority
March 23, 2023, 5:45 PM
1. CALL TO ORDER
2. TOPICS
2.1 Training Session on Open Meeting Law, Data Practices, Conflict of Interest, Gift
Law, and Rules of Order
Training Materials
3. ADJOURN
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Special Housing
and
Redevelopment
Authority
March 23, 2023
Agenda
Number:2.1
To:Housing and Redevelopment Authority
Prepared by:Jodi Gallup, City Clerk/Administrative Coordinator
Reviewed by:Maria Solano, Deputy City Manager
Item:Training Session on Open Meeting Law, Data Practices, Conflict
of Interest, Gift Law, and Rules of Order
1. Action Requested:
Attend training session on open meeting law, data practices, conflict of interest, gift law, and rules
of order.
2. Background:
City Clerk/Administrative Coordinator Jodi Gallup will present information and answer questions on
open meeting law, data practices, conflict of interest, gift law, and rules of order.
3. Budget Impact:
N/A
4. Attachments:
Training Materials
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TRAINING MATERIALS
for
Open Meeting Law
Data Practices
Conflicts of Interest
Gift Law
Rules of Order
for
City of Plymouth
Council, Staff, & Commissions
January 2023
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I. OPEN MEETING LAW
A. OPEN MEETINGS. Pursuant to Minnesota Statutes § 13D.01 - .07, almost all meetings
of the City Council must be open to the public. A meeting exists when a quorum of the
city council is together and:
1. Make a decision concerning city business; or
2. Discuss city business; or
3. Obtain information on city business.
Be wary of serial communications: do not use the “reply all” function in emails. If a
discussion occurs on social media, then that discussion must be open for participation by
the public.
B. OTHER ELECTRONIC COMMUNICATION. Serial communication occurs when
one councilmember consults another, who consults another, and so forth. This is not
permitted under the Open Meeting Law. One of the main goals of the Open Meeting Law
is to ensure that deliberations take place in a public setting.
1. It is not advisable to substantively discuss City matters via text message even with
one other councilmember. Text messaging and/or other electronic communication
to other councilmembers during a meeting about City matters is also not
permitted. Be careful about engaging in discussions on your personal devices.
Discussions about city matters are generally public data, subject to mandatory
retention periods and accessible to the public upon request. Deliberations and
discussions must occur in a public forum.
2. Similarly, a quorum of members having a discussion about public business on
social media, such as in the comment section of a private Facebook page, could
constitute a meeting in violation of the Open Meeting Law. Minn. Stat. §13D.065.
C. NOTICE REQUIREMENTS.The City Council must give the following notices:
1. A schedule of the regular meetings shall be kept on file at the Council’s primary
offices. Regularly scheduled meetings on your adopted meeting schedule require
no additional notice.
2. Special meetings require mailed & posted or published notice at least three days
before the day of the meeting.
3. Emergency meetings - as soon as reasonably practicable.
D. CLOSED MEETINGS. Notice of the meeting is required stating why the meeting will
be closed and the subject of the meeting. The meeting is still recorded. Closed meetings
are allowed in limited circumstances:
1. Labor negotiations.
2. Pending litigation.
3. Preliminary consideration of charges against an employee.
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4. Evaluation of a person subject to its authority.
5. To determine the asking price of property being sold.
6. To review confidential appraisal data.
7. To develop counteroffers for the purchase or sale of property.
8. To discuss active investigative data.
9. If it would identify victims or reporters of criminal sexual conduct, domestic
abuse, or maltreatment of minors.
E. PENALTIES. If a court finds that an individual intentionally violated this open meeting
law, penalties include:
1. Individual fine of $300.00 per occurrence for an intentional violation, which may
not be paid by the City.
2. Three intentional violations in three separate actions can result in removal from
office.
3. Additional costs and attorney's fees may be imposed up to $13,000.00. The City
may pay this amount.
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II. DATA PRACTICES
A. DATA. The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all
government data are public. The Data Practices Act obligates all levels of state and local
government besides the legislature and the courts to preserve created data and respond to
data requests.
1. “Government data” means all data collected, created, received, maintained or
disseminated by state or local government, regardless of its physical form, storage
media, or conditions of use. Data includes: paper documents, emails, CDs,
videotapes, and computer files.
B. CLASSIFICATION. To balance the need for transparency with the need to protect
individual rights, state and federal law provide for classifications to limit access for
private or confidential data.
1. Requests for data can come from the subject of the data (such as an employee) or
a member of the public. Responses to data requests depend on how the data is
classified.
C. THE LIFE CYCLE OF A REQUEST.
1. A person submits a data request to the Responsible Authority in the City. If the
request is for private information, the City may ask for proof of identity. It is
impermissible to request for a member of the public’s identity when fulfilling a
request for public data.
2. If the request is from the member of the public, the City must respond within a
“reasonable amount of time.”
3. If the request is from the data subject, meaning the data is about the requesting
individual, then the City is required to respond within ten business days.
4. The City staff then retrieves the data responsive to the request, if there is any.
5. Then the City review the data and determines if there is a justification to deny
access to some or all of the data. If responsive data is withheld the City must
inform the requestor and cite to the specific law that allows the redaction.
6. The City provides access to the data and collects copy costs, if requested.
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III. CONFLICTS OF INTEREST
A. CONTRACTS. Under Minn. Stat. §471.87, with limited exceptions, a council member
may not have a personal financial interest in a sale, lease, or contract with the City. This
law applies to all public officers who are "authorized to take part in any manner in making
any sale, lease, or contract in official capacity." Exceptions and special approval
procedure may be available in a given fact situation. Simply abstaining from voting is not
enough. Violation of this prohibition is a crime.
B. NON-CONTRACTS. The general rule is that any official who has a personal financial
interest in a non-contract action is disqualified from participating in the action. Courts
evaluate certain factors to determine when a conflict requires disqualification. These
include:
the nature of the decision being made
the nature of the financial interest
the number of interested officials
the need, if any, for the interested official to make the decision
other means available, if any, such as an opportunity for review of the decision, that
serves to insure that the officials will not act arbitrarily to further their selfish interests.
C. BEST PRACTICE. If you have an actual or potential financial interest in a decision to
be made, disclose the conflict, abstain from voting, and do not participate in the
discussion. If you have any concerns, discuss them with the city attorney. Avoid even
the appearance of a conflict.
D. ABSTAINING. Abstaining means to refrain from a vote. In this case, a member of a
body would be present at the meeting but would not partake in discussion or voting of the
issue before the body.
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IV. GIFT LAWS.
A.Pursuant to Minn. Stat. § 471.895, “An interested person may not give a gift or request
another to give a gift to a local official. A local official may not accept a gift from an
interested person.”
“Local Official” means an elected or appointed official of a city.
“Interested Person” means a person who has a direct financial interest in a decision
that a local official is authorized to make.
“Gift” means money, real or personal property, a service or loan, forgiving a debt or
a promise of future employment without the giver being paid equal value.
Exceptions include:
campaign contributions
plaques or mementos recognizing service
trinket or memento of insignificant value
food if you appear to make a speech
gifts given because of your membership in a group, a majority of whose members are
not local officials
gifts by a member of your family
When the City receives a gift/donation, it must be accepted by a two-thirds vote of the
City Council. Minn. Stat. § 465.03.
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V. RULES OF ORDER
A. Robert’s Rules. Except where other procedures are specified in statute or ordinance, the
City Council does business using Robert’s Rules of Order. City Code §200.17
B. Motions. All formal council actions must be by motion.
1. The language to make a motion must be similar to, “I move to ______.”
2. Motions must be seconded, and the council may consider only one motion at a
time.
3. Once a motion is duly made and seconded, the Mayor shall state the question
before the council and open the matter for debate.
a. The maker of the motion shall be permitted to speak first.
b. Everyone who wishes to speak on the motion must be allowed to do so
before any member may speak a second time.
C. Secondary Motions. While the council considers a motion, members may make
secondary motions. Secondary motions do not require a second.
1. Motion to amend the original motion. A motion may be amended only twice
before it must be withdrawn and resubmitted,
2. Motion to take a brief recess of no more than 20 minutes,
3. Motion to withdraw the motion by the motion’s maker,
4. Motion to divide a complex question,
5. Motion to defer consideration to a later date,
6. Motion to refer an issue to committee,
7. Motion to limit debate,
8. Motion for an immediate vote on the issue, or
9. Motion for a call to order.
Secondary motions do not require a second, and must be resolved before returning to the
original motion. Motions for an immediate vote and motions for a call to order are the
only motions that may be made interrupting the current speaker. A motion for an
immediate vote may only be made after 20 minutes of debate or after every member has
been permitted to speak at least once.
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D. Other Motions. Other specific motions include:
1. Motion to adjourn. Motions to adjourn are made by the Mayor or presiding
member, are not subject to debate, and do not require a second or a vote.
2. Motion to go into closed session. Must be made pursuant to the Minnesota Open
Meeting Law, using language similar to, “I move to close the meeting in order to
consider ____________ pursuant to ______ of the Minnesota Open Meeting
Law.”
3. Motion to leave a closed session. “I move to open the meeting.”
4. Motion to revive an issue. Made to request consideration of an issue tabled,
deferred, or referred to committee at a prior meeting.
5. Motion to reconsider. Made to request reconsideration of an issue voted upon
previously at the same meeting. May only be made by a member on the
prevailing side of the prior vote.
6. Motion to rescind or repeal. Made to repeal an action taken at a prior meeting.
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