I. PURPOSE
The purpose of this policy is to provide guidelines to assure the rights of the public to be present at Moorhead School Board meetings while also protecting an individual's right to privacy under law and to close meetings when the public interest so requires as recognized by law.
II. GENERAL STATEMENT
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. Except as otherwise expressly provided by statute, all meetings of the School Board, including executive sessions and work sessions, shall be open to the public.
C. Meetings will be closed only when expressly authorized by law.
III. DEFINITION
"Meeting" means a gathering of at least a quorum of the School Board, 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. OPEN MEETINGS AND NOTIFICATION
A. Meetings
1. Regular Meetings
A schedule of the regular meetings of the School Board will be kept on file in the Superintendent's office. If the School Board decides to hold a regular meeting at a place and time different from the one stated in the regular meeting schedule, it shall give the same notice as for a special meeting. School Board agendas are posted on the district website at www.isd152.org.
2. Special Meetings
For a Special Meeting, the School Board shall post a written notice of the time, date, place and purpose of meeting on the principal bulletin board of the school district at least three (3) days prior to the date of the meeting at the school district administration office. The School Board's actions at the special meeting are limited to those topics included in the notice.
3. Emergency Meetings
a. An emergency meeting is a special meeting called because of circumstances that, in the judgment of the School Board, 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. Notice of the emergency meeting shall be given by telephone, e-mail, or any other method used to notify the members of the School Board.
d. Posted or published notice of an emergency meeting shall not be required, however, the Board Secretary will make good faith efforts to provide notice of the emergency meeting to each news medium as soon as reasonably practicable after notice has been given to the School Board members.
e. The information will include the subject of the meeting.
f. The notice requirements for an emergency meeting as set forth in this policy shall supersede any other statutory requirement for a special meeting that is an emergency meeting.
4. Recessed or Continued Meetings
If a meeting is recessed or is a 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 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 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 Minn. Stat. Ch. 12, a meeting may be conducted by telephone or interactive technology in compliance with Minn. Stat. 13D.021.
8. Meetings by Interactive Technology
A meeting may be conducted by interactive technology, Google, 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 the School Board minutes kept for that purpose. The minutes used to record votes of a meeting must be open and available to the public during normal business hours at the Superintendent's office.
C. Written Materials
1. In any open meeting, a copy of the agenda and any printed materials, 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 at the meeting for inspection by the public while the School Board considers the subject matter.
2. This provision does not apply to materials not classified by law as public, or materials relating to 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.
V. CLOSED MEETINGS
A. Labor Negotiations Strategy
1. The School Board may, by a majority vote in a public meeting, decide to hold a closed meeting to consider labor negotiations strategies or developments, or discuss and review labor negotiation proposals, conducted pursuant to Minnesota's Public Employment Labor Relations Act (PERLA).
2. The time and place of the closed meeting will be announced at the public meeting. A written roll of School Board members and other's present at the closed meeting shall be available to the public after the closed meeting. The proceedings of a closed meeting to discuss negotiation strategies shall be electronically recorded, and the recording preserved for two years after the contract discussed at the meeting is signed. The recording shall be available to the public only after all labor contracts are signed by the School Board for the current budget period.
B. 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.
C. 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.
D. 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.
E. Attorney-Client Privilege Meeting
A meeting may be closed if permitted by the attorney-client privilege. The attorney-client privilege applies when litigation is imminent or threatened, or when the School Board needs advice about 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 policy and confidentiality considerations under state and federal law. The law does not require that such a meeting be recorded.
F. Dismissal Hearing
1. 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.
2. A hearing on dismissal of a student pursuant to the Pupil Fair Dismissal Act shall be closed unless the student, parent/guardian requests an open hearing.
3. 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.
G. Coaches; Opportunity to Respond
1. 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.
2. 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.
3. 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.
4. The meeting may be open or closed at the election of the coach unless the meeting is closed as required by Minnesota Statutes 13D.05 to discuss educational or certain other nonpublic data.
5. 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.
H. Meetings to Discuss Certain Not Public Data
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.
5. 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.
I. Purchase and Sale of Property
1. The School Board may close a meeting:
a. to determine the asking price for real or personal property to be sold by the school district.
b. to review confidential or nonpublic appraisal data; and
c. to develop or consider offers or counteroffers for the purchase or sale of real or personal property.
2. 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.
3. The closed meeting must be electronically recorded at the expense of the school district. The recording 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 recording. 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.
4. 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.
J. Security Matters
1. 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.
2. Financial issues related to security matters must be discussed and all related financial decisions must be made at an open meeting.
3. Before closing a meeting, the School Board must refer to the facilities, systems, procedures, services, or infrastructures to be considered during the closed meeting.
4. The closed meeting must be electronically recorded at the expense of the school district and the recording must be preserved for at least four years.
K. 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.
L. 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 for the record the specific authority permitting the meeting to be closed and describe the subject to be discussed.
Legal References:
Minn. Stat. Ch. 12 (Emergency Management)
Minn. Stat. 121A.40-121A.575 (Pupil Fair Dismissal Act)
Minn. Stat. 122A.40 Subd. 14 (Employment; Contracts; Termination)
Minn. Stat. 121A.47 Subd. 5 (Exclusion and Expulsion Procedures)
Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
Minn. Stat. 179A.14, Subd. 3 (Negotiation Procedures)
Minn. Stat. Ch. 13D (Open Meeting Law)
Minn. Stat. 122A.33, Subd. 3 (License and Degree Exemption for Head Coach)
Minn. Rules Part 5510.2810 (Petition for Mediation)
Depart. of Admin. Advisory Op. No. 04-004 (February 3, 2004)
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 71 (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. 04-004 (February 3, 2004)
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 9, 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)
Cross References:
Moorhead School Board Policy 203-1: School Board Meeting Rules of Order
Moorhead School Board Policy 207: School Board Public Hearings
Moorhead School Board Policy 204: School Board Meeting Minutes
Moorhead School Board Policy 206: Public Participation in School Board Meetings/Complaints about Persons at School Board Meetings and Privacy Considerations
Moorhead School Board Policy 406: Employee Public and Private Personnel Data
Moorhead School Board Policy 515: Protection and Privacy of Student Records
MSBA/MASA Model Policy 205: Open Meetings and Closed Meetings
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 School Law Bulletin "C" (Minnesota's Open Meeting Law)