Stillwater City Attorney Explains Tuesday's Closed Session

Prior to, and immediately following, Tuesday’s City Council meeting Stillwater Patch inquired as to why a portion of the discussion regarding the state auditor’s report was held in a closed session.

In an email response Tuesday morning, Stillwater City Attorney Dave Magnuson stated that the closed session is justified under Minnesota Statute 6.715, which states that the city's response to the state auditor's report is not pubic until the auditor has issued its final report.

Following the meeting, Stillwater Patch asked the following questions of Magnuson:

Stillwater Patch: Was it the city’s decision to close a portion of tonight’s meeting?

Magnuson: No. It was their (the Office of the State Auditor) decision that the data in that initial report, and our response to it, are private data until the final report is issued.

Stillwater Patch: The statute you cited in the email this morning specifically mentions “individuals,” but nowhere does it mention a governmental entity. Could you explain how this statute applies to this situation? 

Magnuson: That’s the claim they (Office of the State Auditor) made in the letter sent to the city. All data relating to this review, including this letter—which is the initial determination letter—and its response are not public until the Office of the State Auditor issues its final report. I didn’t decide this on my own. That’s what they asserted and I said, ‘Fine. I’m willing to abide by that.’ 

Stillwater Patch: How does that statute trump open meeting law? 

Magnuson: There are very limited reasons why any meeting can be closed, but there are a number of statutes that specifically require it and they are mentioned in places other than Chapter 13.

This falls under the exemption of open meeting law because something like that would identify and call to task public officials without having a full investigation. All it is now is an initial determination; it isn’t a final determination. They say the city has 60 days to respond to the initial determination and then it is private data until a final determination is made, at which time it all becomes public. 

Stillwater Patch: Did you give a summary of why an executive session was called before you went into closed meeting? 

Magnuson: Yes. I read the paragraph explaining that the Office of the State Auditor determined that the TIF question was private data until a final determination is made, citing the statute. 

Stillwater Patch: Did you give a summary of the executive session when you came out of the closed meeting as required by open meeting law? 

Magnuson: No. 

Stillwater Patch: Isn’t that required? 

Magnuson: It depends on what kind of closed meeting it is. The important thing is no action can be taken at a closed meeting. We didn’t prepare a summary of it, but we are going to deal with it next Tuesday at the next meeting.