1.1 .................... moves to amend H.F. No. 3302 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1.
[13.356] CLOSED MEETINGS DATA.
1.4 Government data relating to the agenda of a meeting closed under section 13D.05,
1.5subdivision 3, paragraph (c), clause (3), prepared or distributed by or at the direction of the
1.6governing board or its employees, must be preserved for eight years after the date of the
1.7meeting and be made available to the public after all real or personal property discussed at
1.8the meeting has been purchased or sold or the governing body has abandoned the purchase
1.9or sale. Until made available to the public under this section, the government data is
1.10classified as nonpublic.
1.11 Sec. 2. Minnesota Statutes 2006, section 13D.05, subdivision 3, is amended to read:
1.12 Subd. 3.
What meetings may be closed. (a) A public body may close a meeting
1.13to evaluate the performance of an individual who is subject to its authority. The public
1.14body shall identify the individual to be evaluated prior to closing a meeting. At its next
1.15open meeting, the public body shall summarize its conclusions regarding the evaluation.
1.16A meeting must be open at the request of the individual who is the subject of the meeting.
1.17 (b) Meetings may be closed if the closure is expressly authorized by statute or
1.18permitted by the attorney-client privilege.
1.19 (c) A public body may close a meeting:
1.20 (1) to determine the asking price for real or personal property to be sold by the
1.21government entity;
1.22 (2) to review confidential or nonpublic appraisal data under section
13.44,
1.23subdivision 3
; and
1.24 (3) to develop or consider offers or counteroffers for the purchase or sale of real or
1.25personal property.
Government data relating to a meeting closed under this clause is
1.26classified under section 13.356.
2.1 Before holding a closed meeting under this paragraph, the public body must identify
2.2on the record the particular real or personal property that is the subject of the closed
2.3meeting. The proceedings of a meeting closed under this paragraph must be tape recorded
2.4at the expense of the public body. The recording must be preserved for eight years after
2.5the date of the meeting and made available to the public after all real or personal property
2.6discussed at the meeting has been purchased or sold or the governing body has abandoned
2.7the purchase or sale. The real or personal property that is the subject of the closed meeting
2.8must be specifically identified on the tape. A list of members and all other persons present
2.9at the closed meeting must be made available to the public after the closed meeting. If an
2.10action is brought claiming that public business other than discussions allowed under this
2.11paragraph was transacted at a closed meeting held under this paragraph during the time
2.12when the tape is not available to the public, section
13D.03, subdivision 3, applies.
2.13An agreement reached that is based on an offer considered at a closed meeting is
2.14contingent on approval of the public body at an open meeting. The actual purchase or
2.15sale must be approved at an open meeting after the notice period required by statute or the
2.16governing body's internal procedures, and the purchase price or sale price is public data.
2.17 (d) Meetings may be closed to receive security briefings and reports, to discuss issues
2.18related to security systems, to discuss emergency response procedures and to discuss
2.19security deficiencies in or recommendations regarding public services, infrastructure and
2.20facilities, if disclosure of the information discussed would pose a danger to public safety or
2.21compromise security procedures or responses. Financial issues related to security matters
2.22must be discussed and all related financial decisions must be made at an open meeting.
2.23Before closing a meeting under this paragraph, the public body, in describing the subject to
2.24be discussed, must refer to the facilities, systems, procedures, services, or infrastructures
2.25to be considered during the closed meeting. A closed meeting must be tape recorded at the
2.26expense of the governing body, and the recording must be preserved for at least four years."
2.27Amend the title accordingly