“It doesn’t take a majority to win, just a tireless minority that will keep starting brush fires in the mind and hearts of their fellow men.”

Samuel Adams

Tuesday, November 20, 2012

Ancel Glink Interpretation of Release of Closed Mtg Minutes

Releasing Minutes
Every governmental body authorized to hold closed meetings must review the Minutes of those meetings periodically, but no less than semi-annually, and the review may take place in closed session to determine whether there is still a need for confidentiality as to all or part of those Minutes. If there is no need for such confidentiality, then it must be reported in an open session that the Minutes or portions thereof no longer require confidential treatment and are available for public inspection. This is usually done by a motion or resolution, which specifically lists the Minutes that are being released. In some governments, the resolution also lists the Minutes which are still being retained.

To date, we have little precedential authority as to whether governments have reasonably exercised their rights to continue to hold Minutes confidential for an extended period of time. Governments must remember that the general policy stated in the first section of the Open Meetings Act, is that it is the intention of the Act to protect the citizens' right to know and that exceptions to the Open Meetings Act requirements are to be strictly construed against closed meetings. On the other hand, a government should be able to keep confidential the contents of closed meeting minutes which, if released, would clearly endanger the public interest, invade personal privacy, or the guaranteed rights of individuals.

13 comments:

Anonymous said...

Do you really think exposure is going to make much difference besides ruining a few peoples fun? After witnessing recent pickle ball meetings hasn't it appeared that much has already been discussed before the meetings and after meetings and all have come in with vote decided.
Tag it as you like: closed session, back room politics, 6-2 OMA, deli delight, picnic table scoop it happens all the time in Peru.
The reasons for having confidential contents of closed meetings minutes and not having pickle ball in a neighborhood environment are similar. Pickle ball endangers the public interest, invades personal privacy and the guaranteed rights of individuals.
Would you prefer to have the closed sessions minutes disclosed before or after the elections?

Anonymous said...

Peru isn't CIA Headquarters and there shouldn't be any secrets. Afterall Mayor Harl said at the beginning of his campaign that he wanted an open form of government. So what's with all the closed session (backroom) meetings? I think Harl has had as many as Baker did in his 43 years as mayor!

Anonymous said...

I'm pretty sure it's way more meetings 8:26.

Anonymous said...

Very little is going to change without taking legal action. Cities with far less history of questionable OMA practices have been sued by Political Action Groups promoting transparency. The newspaper has shown very little interest in investigative journalism, that is not their thing. Blogging does very little except provide a place to vent.
Until the city is taken to court, there is Little or no possibility of change and the Mayor will become more firmly entrenched and feel even more that he is entitled to do whatever he wishes.

Anonymous said...

Keep cranking the Jack In the Box, Jack will pop up eventually. Meaning, eventually issues come to light. So many closed sessions and secret meetings does wave a red flag. Do people really think that people that sometimes at these meetings don't tell others that weren't at these meetings? Wink! Wink!

Anonymous said...

Perhaps a general post detailing the allowed reasons for closed door sessions would be helpful. I do not think many of the readers are aware of the allowed reasons. I am confused because I though the purpose of the closed session did have to be part of the agenda and even voted on prior to going into closed session.

For example, a motion would be made to go into closed session to review litigation results, or property purchase, or employee discipline. No specifics would be given.

I also thought that the body would not later be allowed to vote or conduct preliminary voting, polling positions etc, of any type in closed session. If that is suspected, the audio recording could be requested as part of a lawsuit. As with all of these issues, time is critical.

Peru Town Forum said...

9:59 AM

Those same political action groups do search for blogs such as this one.

Anonymous said...

Lois
I know other groups do keep up with blogs like this, but until the citizens of Peru form a united PAC for transparency and representative government, I do not know how much interest or support you will get from the state level and national groups.
Never think that I am underestimating the power of the blog, but I am suggesting that the logical progression is for you to get more organized support. The very least it could do is raise money for upcoming legal fees for helping with known issues.

Anonymous said...

I've always wondered how much information a mayor keeps to himself and has secret meetings with other people and doesn't bring it to the alderman. And the alderman in actuality have no clue. Just a reference in general.

Linda said...

Last night's city council meeting's video is already posted on the city web-site. Meetings have never before been posted by the next day. Could this occurrence be because it was a routine boring meeting? What I'd really like an answer to is where is the video from the Nov. 14th meeting? That meeting was no where near boring or ordinary. As a matter of it was quite the opposite. Is the city going to pick and chose what videos will be made available to the general public? This is not an example of
the open and honest form of government we were promised with this administration.

Anonymous said...

A letter or phone call (might take several attempts) to the News Tribune regarding videotaping of meetings and not all being available for public. Don't be surprised if an excuse would be "technical problems.", didn't work, foggy lens, electrical problems. Sockets broke, camera fell off wall, someone forgot to push start button, someone accidentally pushed delete button, website down, on and on and on. I wouldn't be surprised! Maybe this could be front page headline in newspaper so citizens who read this paper can be updated on the unavailability of a council meeting. Wondering in the future if the tapping if a council meeting won't be available. Just like these blogs are not well like, neither is videotaping of council meetings , is my take on the situation.

Anonymous said...

Sherry Mayzak for second ward alderman!

Anonymous said...

Rodney and Sherry will make sure that meeting video is posted.