MN Data Practices Advisory Opinions Archive

August 4, 2026 · August 4, 2026; ISD 139 Rush City Public Schools

The Commissioner Opined that Rush City School Board did not provide an appropriate statement on the record, as required by Minnesota Statutes, section 13D.01, subdivision 3, before closing meetings on January 29, 2026, …

Closed meetings Open Meeting Law #Statement on record

Advisory Opinion 23-005 23-005

November 14, 2023 · November 14, 2023; Woodbury City Council

A member of the public asked whether a city council violated the Open Meeting Law when it closed a meeting on the basis of attorney-client privilege to discuss a contract it had with a local school district and decide w…

Closed meetings Open Meeting Law #Attorney-client privilege

Advisory Opinion 23-004 23-004

October 3, 2023 · October 3, 2023; City of Fertile

A data subject asked whether a city council violated the Open Meeting Law when it held multiple closed sessions under Minnesota Statutes, section 13D.05 subd. 2(b), to discuss allegations against an individual subject t…

Closed meetings Data subjects Open Meeting Law Requests for data #Recording meetings #Timeliness of response to data subject - immediately or ten business days

Advisory Opinion 22-009 22-009

December 8, 2022 · December 8, 2022; Modern Montessori Charter School

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 pur…

Closed meetings Meeting notice Open Meeting Law #Recording meetings #Special meeting notice

Advisory Opinion 22-008 22-008

December 2, 2022 · December 2, 2022; Thomson Township Board of Supervisors

A member of the public asked whether a township board of supervisors violated the Open Meeting Law when it closed a meeting to review applications to appoint a new board supervisor. The board maintained that its meeting…

Closed meetings Open Meeting Law #Individual performance #Individual subject to authority

Advisory Opinion 16-003 16-003

June 22, 2016 · June 22, 2016, Motley City Council

a newspaper reporter asked whether a city council properly closed a meeting pursuant to the attorney-client privilege exception to the Open Meeting Law (Minn. Stat. § 13D.05, subd. 3(b)). The Commissioner opined that th…

Closed meetings Open Meeting Law #Attorney-client privilege

Advisory Opinion 16-002 16-002

June 22, 2016 · June 22, 2016, Moorhead City Council

a member of the public asked whether a city council complied with the Open Meeting Law requirement to provide a summary of conclusions following a closed meeting for a performance evaluation (Minn. Stat. § 13D.05, subd.…

Closed meetings Open Meeting Law #Employee evaluation summary

Advisory Opinion 15-002 15-002

May 7, 2015 · May 7, 2015; Edina City Council

A member of the public asked if a City Council had complied with the Open Meeting Law (Minnesota Statutes, Chapter 13D) when closing two meetings to evaluate the performance of an individual subject to its authority (un…

Closed meetings Open Meeting Law #Employee evaluation summary #Individual performance

Advisory Opinion 14-017 14-017

October 28, 2014 · October 28, 2014; City of East Grand Forks

A requester asked whether a public body properly closed two meetings on the basis of attorney-client privilege pursuant to section 13D.05, subdivision 2(b). In applying the balancing test required by the Minnesota Supre…

Closed meetings Open Meeting Law #Attorney-client privilege

Advisory Opinion 14-015 14-015

October 23, 2014 · October 23, 2014; City of Crystal

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 deter…

Closed meetings Meeting notice Open Meeting Law #Attorney-client privilege #Closed meetings #Email #Meeting calendar #Notice

+3 more

#Public comments #Special meeting notice #Statement on record

Advisory Opinion 14-014 14-014

October 13, 2014 · October 13, 2014; City of Corcoran

A member of the public asked whether a public body properly closed two meetings to discuss the purchase of property, pursuant to section 13D.05, subdivision 3(c)(3). At the meetings, both the Mayor and the City Attorney…

Closed meetings Open Meeting Law #Property sale or purchase (13D.05, subd. 3(c))

Advisory Opinion 14-007 14-007

June 18, 2014 · June 18, 2014; Newport City Council

A member of the public asked whether a City had complied with Minnesota Statutes, section 13D.05, subd. 3(a), regarding a summary of the conclusions of an employee’s performance evaluation at the next open meeting. The …

Closed meetings #Employee evaluation summary

Advisory Opinion 14-005 14-005

June 2, 2014 · June 2, 2014; Houston County

Did the Houston County Board of Commissioners comply with Minnesota Statutes, Chapter 13D, at its April 8, 2014, meeting?

Closed meetings Closed meetings Open Meeting Law #Attorney-client privilege #Statement on record

Advisory Opinion 14-004 14-004

May 12, 2014 · May 12, 2014; City of Cold Spring

Did the Cold Spring City Council comply with Minnesota Statutes, Chapter 13D, at the February 11, 2014, closed meeting? Did the Cold Spring City Council comply with Minnesota Statutes, Chapter 13D, when it closed the Fe…

Closed meetings Open Meeting Law Personnel data #Applicant data #Discussion of not public data in an open meeting #Individual subject to authority

Advisory Opinion 13-012 13-012

August 9, 2013 · August 09, 2013; City of Mound

A member of the public asked whether a city council had properly closed a meeting for labor negotiation strategies and developments pursuant to Minnesota Statutes, sections 13D.01 and 13D.03. The Commissioner opined tha…

Closed meetings Open Meeting Law #Labor negotiations

Advisory Opinion 12-008 12-008

May 2, 2012 · May 2, 2012; South Washington County School Board

A newspaper asked if a school district complied with the Open Meeting Law regarding its summary of the superintendent's performance evaluation. The Board conducted the evaluation during a closed “workshop” meeting held …

Closed meetings Closed meetings Open Meeting Law Open Meeting Law #Employee evaluation summary #Interpretation of meeting #Recessed/continued meetings #Statement on record

Advisory Opinion 08-001 08-001

March 5, 2008 · March 5, 2008; City of Northfield

What are the City's duties under Minnesota Statutes, Chapter 13D, the Open Meeting Law (OML), with regard to releasing or withholding the tapes of the closed meetings? Specifically, may the City Council authorize releas…

Closed meetings Open Meeting Law #Property sale or purchase (13D.05, subd. 3(c))

Advisory Opinion 07-018 07-018

September 26, 2007 · September 26, 2007; Middle Snake Tamarac Rivers Watershed District Board

Did the members of the Middle Snake Tamarac Rivers Watershed District Board of Managers comply with the notice requirements of Minnesota Statutes, section 13D.04, subdivision 5, for a February 26, 2007, closed meeting, …

Closed meetings Closed meetings Meeting notice Open Meeting Law #Notice #Notice #Recording meetings #Statement on record

Advisory Opinion 06-031 06-031

November 14, 2006 · November 14, 2006; Stillwater City Council

Did the members of the Stillwater City Council comply with the Open Meeting Law, Minnesota Statutes, Chapter 13D, when it closed a meeting that began on January 11, 2005, and was continued on January 12, 2005, to interv…

Closed meetings Open Meeting Law #Closed meetings #Notice #Posted or request for notice

Advisory Opinion 06-020 06-020

June 23, 2006 · June 23, 2006; Minneapolis School Board

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…

Closed meetings Meeting notice Open Meeting Law #Closed meetings #Individual performance #School boards #Special meeting notice

Advisory Opinion 06-016 06-016

May 17, 2006 · May 17, 2006; Public Safety Officer Benefit Eligibility Panel

Because Minnesota Statutes, section 299A.465, subdivision 6(a), classifies applications and supporting documents as private data, can those documents be released to claimant's employers, who would be responsible for the…

Closed meetings Open Meeting Law #Closed meetings #Public Safety Officer Benefit Eligibility Panel

Advisory Opinion 06-012 06-012

April 7, 2006 · April 7, 2006; Brunswick Town Board

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…

Closed meetings Closed meetings Meeting notice Open Meeting Law #Notice #Special meeting notice #Statement on record

Advisory Opinion 05-027 05-027

August 10, 2005 · August 10, 2005; School District 625 (Saint Paul)

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data: audiotapes of two closed Saint Paul Board of Education meetings containing

Closed meetings Open Meeting Law Statutory construction (Ch. 645) #Classification (subd. 2) #Labor negotiations #Later enacted statute #Public and not public data

Advisory Opinion 05-013 05-013

March 28, 2005 · March 28, 2005; Wild Rice Watershed District Board

Pursuant to Chapter 13D, may the Wild Rice Watershed District close an open meeting to discuss its contract with an independent contractor?

Closed meetings Open Meeting Law Statutory construction (Ch. 645) #Individual performance #Individual vs. business entity #Words and phrases construed (645.08)

Advisory Opinion 04-037 04-037

June 3, 2004 · June 3, 2004; City of Winsted

Pursuant to Minnesota Statutes, Chapter 13, if the employee has not given his/her written consent to release data under 49 C.F.R. §382.405(h) and 49 C.F.R. §40.321, what is the classification of the data relating to the…

Closed meetings Open Meeting Law Personnel data #Alcohol and drug test data #Alcohol and drug treatment records (42 C.F.R. Part 2) #Closed meetings #Open Meeting Law #Printed materials

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#Specific reasons and data documenting basis for action

Advisory Opinions Library