Legal and governance
Changes to Meeting Remotely Under Open Meeting Law
Significant changes were made during the 2025 legislative session to the section of the Open Meeting Law that allows board members to attend and participate in meetings from a remote location using interactive technology.
Previously, Minnesota Statutes, Section 13D.02 required:
- Remote locations to be open and accessible to the public
- The meeting notice to include notice of any remote locations
- Limited the circumstances under which a board member’s remote location could be closed to the public
The below changes to the law took effect July 1:
- The law no longer requires the remote location to be open and accessible to the public.
- The requirement that remote participation from a closed location be related to an illness or military service has been removed.
Therefore, the law now allows a board member regularly to attend and participate in board meetings from a remote location that is closed to the public.
Additionally, although public bodies must still provide notice of the meeting, the meeting notice is no longer required to include details on any remote locations. Instead, the notice must only state that members may be participating by interactive technology.
Other requirements related to meetings by interactive technology under Section 13D.02 continue to apply without change, including:
- Providing notice of the regular meeting location
- Requirements for time and method of notice
- One board member must be physically present at the regular meeting location
- All members of the board must be able to hear and see one another and all discussion and testimony presented
- Members of the public present at the regular meeting location must be able to hear and see all discussion, testimony and votes
- All votes must be conducted by roll call, and each member’s vote must be recorded
Failure to comply with the above requirements may mean that a remote board member is unable to be counted as part of the quorum and may be unable to participate in all proceedings.
Members are encouraged to consult with their legal counsel regarding how the changes to the Open Meeting Law apply to a specific situation.
Other Notable Legislative Changes
Limits on Health Insurance Benefit for Duty Disabled
Employers have long expressed concern that the ability for public safety employees to receive continued health care until age 65 provided financial incentives for employees to secure a duty disability retirement. In recent years, public safety duty disability claims have increased and contributed to the destabilization of the Public Employee Retirement Association Police and Fire fund.
The Minnesota Legislature passed changes to the law this year that limits employees deemed duty disabled by PERA to 60 months of health insurance provided by the employer after they leave employment. The new law prohibits lump sum settlements for insurance coverage and the employers’ ability to challenge the disability determinations once made by PERA. The changes took effect May 24.
MGDPA Modifications
A few changes to the Minnesota Government Data Practices Act:
- Judges and their families may request that certain personal information in real property records be classified as private data and access to the data be limited. An application must be submitted for each property, and counties may charge up to $75 for each property. This change takes effect Jan. 1, 2026.
- All county managers; chiefs; heads or directors of departments, divisions, bureaus or boards; and any equivalent position are now “public officials” for purposes of classifying data related to a complaint or charge against a public official. The definition was previously limited to individuals in these positions in counties with a population of more than 5,000. This change took effect July 1.