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Minnesota's open government laws tangled, complex, study says

Last update: March 18, 2009 - 11:24 AM

Minnesotans pride themselves on the openness and transparency of their government, but a new study concludes it ain't necessarily so.

The analysis by an open-government advocacy organization found that the state's public information laws are "tremendously complex in nature and virtually impossible for the average citizen to decipher."

In addition, Minnesota's data practices act is "extraordinarily complicated and inherently confusing," according to the Citizen Advocacy Center, a suburban Chicago-based a nonprofit organization of attorneys working to improve citizen participation in government.

The study -- which examined laws in Minnesota, Wisconsin, Michigan, Illinois and Ohio -- generally found that open records and open meeting laws in all five states are enforced only sporadically.

It also concluded that none of the states have a government office specifically created to oversee and enforce open government laws. The study also found state employees are not adequately trained to carry out open government policies and may be unintentionally violating the law.

When it comes to public records in Minnesota, the study concluded that state law carefully balances protecting the privacy of someone requesting public records and the privacy of an individual who is the subject of a request.

But that balancing act, coupled with a multitude of regulations implementing the law, make the process confusing, the study said.

In addition, it concluded that public bodies in Minnesota are not required by law to provide public notice of meetings, agendas detailing what action public bodies will take at such meetings, or that any minutes beyond the recording of votes need to be taken.

While the state's expansive web of laws regulating open meetings and public records are comprehensive, they need to be simplified, according to the study.

 

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