SF 316

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the open meeting law; establishing an 
  1.3             administrative remedy for violations of the law; 
  1.4             prescribing civil penalties; amending Minnesota 
  1.5             Statutes 2002, section 13D.06, subdivisions 2, 3; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 13D. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 13D.06, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [WHO MAY BRING ACTION; WHERE.] An action to 
  1.12  enforce the penalty in subdivision 1 may be brought under this 
  1.13  section by any person in any court of competent jurisdiction 
  1.14  where the administrative office of the governing body is located.
  1.15  Alternatively, a person may petition the office of 
  1.16  administrative hearings for an order under section 13D.061. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 13D.06, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [FORFEIT OFFICE IF THREE VIOLATIONS.] (a) If a 
  1.20  person has been found to have intentionally violated this 
  1.21  chapter in three or more civil or administrative actions brought 
  1.22  under this chapter involving the same governing body, such 
  1.23  person shall forfeit any further right to serve on such 
  1.24  governing body or in any other capacity with such public body 
  1.25  for a period of time equal to the term of office such person was 
  1.26  then serving.  
  2.1      (b) The court determining the merits of any action in 
  2.2   connection with any alleged third violation shall receive 
  2.3   competent, relevant evidence in connection therewith and, upon 
  2.4   finding as to the occurrence of a separate third violation, 
  2.5   unrelated to the previous violations, issue its order declaring 
  2.6   the position vacant and notify the appointing authority or clerk 
  2.7   of the governing body.  
  2.8      (c) As soon as practicable thereafter the appointing 
  2.9   authority or the governing body shall fill the position as in 
  2.10  the case of any other vacancy. 
  2.11     Sec. 3.  [13D.061] [ADMINISTRATIVE REMEDY.] 
  2.12     Subdivision 1.  [PETITION.] Instead of bringing an action 
  2.13  under section 13D.06, a person may petition the office of 
  2.14  administrative hearings seeking an order of an administrative 
  2.15  law judge enforcing the penalty in section 13D.06, subdivision 
  2.16  1, or imposing the forfeiture of office imposed by section 
  2.17  13D.06, subdivision 3, or both.  The petition must be supported 
  2.18  by affidavit and must be served upon the public body.  The 
  2.19  public body shall respond in writing to the petition within ten 
  2.20  working days.  The administrative law judge may order a 
  2.21  contested case on the petition, but only if necessary to a 
  2.22  decision.  If no violation is found, the administrative law 
  2.23  judge shall dismiss the petition.  
  2.24     Subd. 2.  [ORDER.] An order of the administrative law judge 
  2.25  finding a violation of this chapter must impose the civil 
  2.26  penalty prescribed by section 13D.06, subdivision 1, or the 
  2.27  forfeiture of office prescribed by section 13D.06, subdivision 
  2.28  3, or both.  The order must be served upon the parties by first 
  2.29  class mail and must be published by the agency in the State 
  2.30  Register.  The order is enforceable in district court.  The 
  2.31  decision of the administrative law judge may be appealed under 
  2.32  sections 14.44 and 14.45. 
  2.33     Subd. 3.  [COSTS.] The public body is liable for all office 
  2.34  of administrative hearings' costs associated with review of the 
  2.35  petition.  If the administrative law judge rules in favor of the 
  2.36  public body, the body may recover all or a portion of the costs 
  3.1   from the petitioner unless the petitioner is entitled to proceed 
  3.2   in forma pauperis under section 563.01 or the administrative law 
  3.3   judge determines that the petition was brought in good faith and 
  3.4   that an assessment of the costs would constitute an undue 
  3.5   hardship for the petitioner.