Monday, February 25, 2008
Northfield City Hospital Conference Room 6:00 p.m.
Present: Roger Knutson, attorney, presiding; 26 city staff, council, board and commission members
The group received a packet of information, which included statutory and local policies for conducting the city’s business. Knutson began the meeting by explaining that as creatures of the state, local governments have no inherent powers, but have only such powers as are expressly conferred by the state. This is sometimes called “Dillon’s Rule,” a principle established in the 19th century by an Iowa Supreme Court Judge, John F. Dillon.
The Minnesota Legislature diminished the practical effect of Dillon’s Rule when it granted cities the authority to adopt home rule charters. The charter not only provides for the organization of the city, but also gives substantial authority to be exercised by the governing authority. The charter must be consistent with the state constitution and state law can overrule a charter provision.
At the same time, charter city officials, elected and appointed (which includes boards and commissions as well as council and staff), must abide by certain state laws. Tonight, the discussion focused on two areas: the Minnesota Data Practices Act, and the Open Meeting Law. Knutson said that there is a presumption that all data is considered public and must be stored at city hall and accessible to the pubic. This includes email communications regarding city business, whether on a work or home computer and personal notes. Most meetings of a quorum or more of the council, a committee of the council, or any board, commission or agency of the city, must be announced at least 3 days in advance and must be open to the public.
Mayor Lansing asked Knutson to explain the role of the attorney – who does he or she represent? Knutson responded that the attorney represents the majority of the council and not individuals. The attorney represents the city though the council, which can then authorize him or her to advise others (staff, usually). His experience is to talk with a liaison staff person, rather than directly to board and commission members.
Knutson adjourned the meeting a little after 7:00. Several people expressed surprise at the brevity and superficiality of the meeting, which had been scheduled to last until 10:00. The materials in the packet, including local procedures, were new to them, and they had not received similar orientation previously as board members or commissioners.
Submitted by Jane McWilliams, LWV Observer
