Adopted: MSBA/MASA Model Policy 205
Revised: Rev. 2022
205 OPEN MEETINGS AND CLOSED MEETINGS
I. PURPOSE
A. The school board embraces accountability
and transparency in the conduct of its business, in the belief that openness
produces better programs, more efficient administration of programs, and
an organization more responsive to public interest and less susceptible to
private interest. The school board shall
conduct its business under a presumption of openness. At the same time, the school board recognizes
and respects the privacy rights of individuals as provided by law. The school board also recognizes that there
are certain exceptions to the Minnesota Open Meeting Law as recognized in
statute where it has been determined that, in limited circumstances, the public
interest is best served by closing a meeting of the school board.
B. The purpose of this policy is to provide
guidelines to assure the rights of the public to be present at school board
meetings, while also protecting an individual’s rights to privacy under law,
and to close meetings when the public interest so requires as recognized by
law.
II. GENERAL STATEMENT OF POLICY
A. Except as otherwise expressly provided by
statute, all meetings of the school board, including executive sessions, shall
be open to the public.
B. Meetings shall be closed only when
expressly authorized by law.
III. DEFINITION
“Meeting” means a gathering of at least a
quorum of school board members or quorum of a committee or subcommittee
of school board members, at which members discuss, decide, or receive
information as a group on issues relating to the official business of the
school board. The term does not include
a chance or social gathering or the use of social media by members of a public
body so long as the social media use is limited to exchanges with all members
of the general public. For purposes of
the Open Meeting Law, social media does not include e-mail.
IV. PROCEDURES
A. Meetings
1. Regular Meetings
A schedule of the regular meetings of the
school board shall be kept on file at the
school district office. If the school
board decides to hold a regular meeting at a time or place different from the
time or place stated in its regular meeting schedule, it shall give the same
notice of the meeting as for a special meeting.
2. Special Meetings
a. For a special meeting, the school board
shall post written notice of the date, time, place, and purpose of the meeting
on the principal bulletin board of the school district or on the door of the
school board’s usual meeting room if there is no principal bulletin board. The school board’s actions at the special
meeting are limited to those topics included in the notice.
b. The notice shall also be mailed or
otherwise delivered to each person who has filed a written request for notice
of special meetings. This notice shall be posted and mailed or delivered at
least three days before the date of the meeting.
c. As an alternative to mailing or otherwise
delivering notice to persons who have filed a written request, the school board
may publish the notice once, at least three days before the meeting, in the
official newspaper of the school district or, if none, in a qualified newspaper
of general circulation within the area of the school district.
d. A person filing a request for notice of
special meetings may limit the request to particular subjects, in which case
the school board is required to send notice to that person only concerning
those particular subjects.
e. The school board will establish an
expiration date on requests for notice of special meetings and require refiling
once each year. Not more than sixty (60)
days before the expiration date of request for notice, the school board shall
send notice of the refiling requirement to each person who filed during the
preceding year.
3. Emergency Meetings
a. An emergency meeting is a special meeting
called because of circumstances that, in the school board’s judgment, require
immediate consideration.
b. If matters not directly related to the
emergency are discussed or acted upon, the minutes of the meeting shall include
a specific description of those matters.
c. The school board shall make good faith
efforts to provide notice of the emergency meeting to each news medium that has
filed a written request for notice if the request includes the news medium’s
telephone number.
d. Notice of the emergency meeting shall be
given by telephone or any other method used to notify the members of the school
board.
e. Notice shall be provided to each news
medium which has filed a written request for notice as soon as reasonably
practicable after notice has been given to the school board members.
f. Notice shall include the subject of the
meeting.
g. Posted or published notice of an
emergency meeting shall not be required.
h. The notice requirements for an emergency
meeting as set forth in this policy shall supersede any other statutory notice
requirement for a special meeting that is an emergency meeting.
4. Recessed or Continued Meetings
If a meeting is a recessed or continued
session of a previous meeting, and the time and place of the meeting was
established during the previous meeting and recorded in the minutes of that
meeting, then no further published or mailed notice is necessary.
5. Closed Meetings
The notice requirements of the Minnesota
Open Meeting Law apply to closed meetings.
6. Actual Notice
If a person receives actual notice of a
meeting of the school board at least twenty-four (24) hours before the meeting,
all notice requirements are satisfied with respect to that person, regardless
of the method of receipt of notice.
7. Meetings during Pandemic or Chapter 12 Emergency
In the event of a health pandemic or an
emergency declared under Minnesota Statutes chapter 12, a meeting may be
conducted by telephone or interactive technology in compliance with Minnesota
Statutes section 13D.021.
8. Meetings by Interactive Technology
A meeting may be conducted by interactive
technology, Zoom, Skype, or other similar electronic means in compliance with
Minnesota Statutes section 13D.02.
B. Votes
The votes of school board members shall
be recorded in a journal or minutes kept for that purpose. The journal or any
minutes used to record votes of a meeting must be open to the public during all
normal business hours at the school district’s administrative offices.
C. Written Materials
1. In any open meeting, a copy of any
printed materials, including electronic communications, relating to the agenda
items of the meeting prepared or distributed by or at the direction of the
school board or its employees and distributed to or available to all school
board members shall be available in the meeting room for inspection by the
public while the school board considers their subject matter.
2. This provision does not apply to
materials not classified by law as public, or to materials relating to the
agenda items of a closed meeting.
D. Open Meetings and Data
1. Meetings may not be closed to discuss
data that are not public data, except as provided under Minnesota law.
2. Data that are not public data may be
discussed at an open meeting if the disclosure relates to a matter within the
scope of the school board’s authority and is reasonably necessary to conduct
the business or agenda item before the school board.
3. Data discussed at an open meeting retain
the data’s original classification; however, a record of the meeting,
regardless of form, shall be public.
E. Closed Meetings
1. Labor Negotiations Strategy
a. The school board may, by a majority vote
in a public meeting, decide to hold a closed meeting to consider strategy for
labor negotiations, including negotiation strategies or developments or
discussion and review of labor negotiation proposals, conducted pursuant to
Minnesota’s Public Employment Labor Relations Act (PELRA)
b. The time and place of the closed meeting
shall be announced at the public meeting.
A written roll of school board members and all other persons present at
the closed meeting shall be made available to the public after the closed
meeting. The proceedings of a closed
meeting to discuss negotiation strategies shall be tape recorded, and the tape
recording shall be preserved for two years after the contract discussed at the
meeting is signed. The recording shall
be made available to the public after all labor contracts are signed by the
school board for the current budget period.
2. Sessions Closed by Bureau of Mediation
Services
All negotiations, mediation meetings, and
hearings between the school board and its employees or their respective
representatives are public meetings. Mediation
meetings may be closed only by the Commissioner of the Bureau of Mediation
Services (BMS). The use of
recording devices, stenographic records, or other recording methods is
prohibited in mediation meetings closed by the BMS.
3. Preliminary Consideration of Allegations
or Charges
The school board shall close one or more
meetings for preliminary consideration of allegations or charges against an
individual subject to its authority. If
the school board members conclude that discipline of any nature may be warranted
as a result of those specific charges or allegations, further meetings or
hearings relating to those specific charges or allegations held after that
conclusion is reached must be open. A
meeting must also be open at the request of the individual who is the subject
of the meeting. A closed meeting for
this purpose must be electronically recorded at the expense of the school
district, and the recording must be preserved for at least three years after
the date of the meeting. The recording
is not available to the public.
4. Performance Evaluations
The school board may close a meeting to
evaluate the performance of an individual who is subject to its authority. The school board shall identify the
individual to be evaluated prior to closing a meeting. At its next open meeting, the school board
shall summarize its conclusions regarding the evaluation. A meeting must be open at the request of the
individual who is the subject of the meeting.
A closed meeting for this purpose must be electronically recorded at the
expense of the school district, and the recording must be preserved for at
least three years after the date of the meeting. The recording is not available to the public.
5. Attorney-Client Privilege Meeting
A meeting may be closed if permitted by
the attorney-client privilege.
Attorney-client privilege applies when litigation is imminent or
threatened, or when the school board needs advice above the level of general legal
advice, for example, regarding specific acts and their legal consequences. A meeting may be closed to seek legal advice
concerning litigation strategy, but the mere threat that litigation might be a
consequence of deciding a matter one way or another does not, by itself,
justify closing the meeting. The motion
to close the meeting must specifically describe the matter to be discussed at
the closed meeting, subject to relevant privacy and confidentiality
considerations under state and federal law.
The law does not require that such a meeting be recorded.
6. Dismissal Hearing
a. A hearing on dismissal of a licensed
teacher shall be public or private at the teacher’s discretion. A hearing regarding placement of teachers on
unrequested leave of absence shall be public.
b. A hearing on dismissal of a student
pursuant to the Pupil Fair Dismissal Act shall be closed unless the pupil,
parent, or guardian requests an open hearing.
c. To the extent a teacher or student
dismissal hearing is held before the school board and is closed, the closed
meeting must be electronically recorded at the expense of the school district,
and the recording must be preserved for at least three years after the date of the
meeting. The recording is not available
to the public.
7. Coaches; Opportunity to Respond
a. If the school board has declined to renew
the coaching contract of a licensed or nonlicensed
head varsity coach, it must notify the coach within fourteen (14) days of that
decision.
b. If the coach requests the reasons for the
nonrenewal, the school board must give the coach its reasons in writing within ten
(10) days of receiving the request. The existence of parent complaints must not
be the sole reason for the school board not to renew a coaching contract.
c. On the request of the coach, the school
board must provide the coach with a reasonable opportunity to respond to the
reasons at a school board meeting.
d. The meeting may be open or closed at the
election of the coach unless the meeting is closed as required by Minnesota
Statutes section 13D.05 to discuss educational or certain other nonpublic data.
e. A meeting closed for this purpose must be
electronically recorded at the expense of the school district, and the
recording must be preserved for at least three years after the date of the
meeting. The recording is not available
to the public.
8. Meetings to Discuss Certain Not Public
Data
a.
Any portion of a meeting must be
closed if the following types of data are discussed:
(1) data that would identify alleged
victims or reporters of criminal sexual conduct, domestic abuse, or
maltreatment of minors or vulnerable adults;
(2)
active investigative data collected or created by a law enforcement agency;
(3)
educational data, health data, medical data, welfare data, or mental health
data that are not public data; or
(4)
an individual’s personal medical records.
b. A closed meeting must be electronically recorded at the expense of the
school district, and the recording must be preserved for at least three years
after the date of the meeting. The
recording is not available to the public.
9. Purchase and Sale of Property
a. The school board may close a meeting:
(1) to determine the asking price for real or
personal property to be sold by the school district;
(2) to review confidential or nonpublic
appraisal data; and
(3) to develop or consider offers or
counteroffers for the purchase or sale of real or personal property.
b. Before closing the meeting, the school
board must identify on the record the particular real or personal property that
is the subject of the closed meeting.
c. The closed meeting must be tape recorded
at the expense of the school district.
The tape must be preserved for eight years after the date of the meeting
and be made available to the public after all real or personal property
discussed at the meeting has been purchased or sold or the school board has
abandoned the purchase or sale. The real
or personal property that is the subject of the closed meeting must be
specifically identified on the tape. A
list of school board members and all other persons present at the closed
meeting must be made available to the public after the closed meeting.
d. An agreement reached that is based on an
offer considered at a closed meeting is contingent on its approval by the
school board at an open meeting. The
actual purchase or sale must be approved at an open meeting and the purchase
price or sale price is public data.
10. Security Matters
a. The school board may close a meeting to
receive security briefings and reports, to discuss issues related to security
systems, to discuss emergency response procedures, and to discuss security
deficiencies in or recommendations regarding public services, infrastructure,
and facilities, if disclosure of the information discussed would pose a danger
to public safety or compromise security procedures or responses.
b. Financial issues related to security
matters must be discussed and all related financial decisions must be made at
an open meeting.
c. Before closing a meeting, the school
board must refer to the facilities, systems, procedures, services, or
infrastructures to be considered during the closed meeting.
d. The closed meeting must be tape recorded
at the expense of the school district and the recording must be preserved for
at least four years.
11. Other Meetings
Other meetings shall be closed as
provided by law, except as provided above.
A closed meeting must be electronically recorded at the expense of the
school district, and the recording must be preserved for at least three years
after the date of the meeting. The
recording is not available to the public.
F. Procedures for Closing a Meeting
The school board shall provide notice of
a closed meeting just as for an open meeting.
A school board meeting may be closed only after a majority vote at a
public meeting. Before closing a
meeting, the school board shall state on the record the specific authority
permitting the meeting to be closed and shall describe the subject to be
discussed.
Legal References: Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. Ch. 13D (Open Meeting Law)
Minn. Stat. § 121A.47, Subd. 5 (Exclusion
and Expulsion Procedures)
Minn. Stat. § 122A.33, Subd. 3 (License
and Degree Exemption for Head Coach)
Minn. Stat. § 122A.40, Subd. 14 (Employment;
Contracts; Termination)
Minn. Stat. § 179A.14, Subd. 3 (Negotiation
Procedures)
Minn.
Rules Part 5510.2810 (Petition for Mediation)
Brown v. Cannon Falls Township, 723 N.W.2d 31 (Minn. App. 2006)
Brainerd Daily Dispatch v. Dehen,
693 N.W.2d 435 (Minn. App. 2005)
The Free Press v. County of Blue Earth, 677 N.W.2d 471 (Minn. App. 2004)
Prior Lake American v. Mader,
642 N.W.2d 729 (Minn. 2002)
Star Tribune v. Board of Education,
Special School District No. 1, 507 N.W.2d 869 (Minn. App. 1993)
Minnesota Daily v. University of
Minnesota, 432 N.W.2d 189 (Minn.
App. 1988)
Moberg v. Independent School District No.
281, 336 N.W.2d 510
(Minn. 1983)
Sovereign v. Dunn, 498 N.W.2d 62 (Minn. App. 1993), rev.
denied. (Minn. 1993)
Dept. of Admin. Advisory Op. No. 21-003
(April 19, 2021)
Dept. of Admin. Advisory Op. No. 21-002
(January 13, 2021)
Dept. of Admin. Advisory Op. No. 19-012
(October 24, 2019)
Dept. of Admin. Advisory Op. No. 19-008
(May 22, 2019)
Dept. of Admin. Advisory Op. No. 19-006
(April 9, 2019)
Dept. of Admin. Advisory Op. No. 18-019 (December
28, 2018)
Dept. of Admin. Advisory Op. No. 17-005
(June 22, 2017)
Dept. of Admin. Advisory Op. No. 13-009
(March 19, 2013)
Dept. of Admin. Advisory Op. No. 12-004
(March 8, 2012)
Dept. of Admin. Advisory Op. No. 11-004
(April 18, 2011)
Dept. of Admin. Advisory Op. No. 10-020
(September 23, 2010)
Dept. of Admin. Advisory Op. No. 09-020
(September 8, 2009)
Dept. of Admin. Advisory Op. No. 08-015
(July 9, 2008)
Dept. of Admin. Advisory Op. No. 06-027
(September 28, 2006)
Dept. of Admin. Advisory Op. No. 04-004
(February 3, 2004)
Cross References: MSBA/MASA Model Policy 204 (School Board Meeting Minutes)
MSBA/MASA Model Policy 206 (Public
Participation in School Board Meetings/Complaints about Persons at School Board
Meetings and Data Privacy Considerations)
MSBA/MASA Model Policy 207 (Public
Hearings)
MSBA/MASA Model Policy 406 (Public and
Private Personnel Data)
MSBA/MASA Model Policy 515 (Protection
and Privacy of Pupil Records)
MSBA Law Bulletin “C” (Minnesota’s Open
Meeting Law)