Lawsuit filed vs. Fair Bd.
Former member accuses board of violating the OML
A former member of the Faribault County Fair Board has filed suit against the current Fair Board, claiming they have violated the Minnesota Open Meeting Law (OML).
Former board member Milt Steele says that “for years and years” he advised the board members that they were violating the OML but that they chose to not follow his advice.
“I had enough and filed the suit on them,” Steele said. “And they are wanting to fight it and have retained an attorney.”
A board member confirmed that all the board members received certified letters informing them of the lawsuit, and that they did meet with Blue Earth attorney David Frundt about the lawsuit.
“They say they are fine, and are not in violation,” Steele said. “And their attorney sided with them. I think they might know the law, but not follow the letter of the law.”
Fair boards are subject to the Open Meeting Law, as they have been determined to be a “public body” under the state statute, says Mark Anfinson, an attorney who specializes in the Open Meeting Law.
The OML in section 13D.06 describes the penalties where a violation is found, Anfinson relates. It states that violations can be subject to a civil fine of up to $300 per violation, at the discretion of the Court.
In addition, if the Court finds that three separate and unrelated violations occurred, the violator must forfeit his/her office. Finally, the Court has the discretion to award up to $13,000 in attorney’s fees to a plaintiff who proves that a violation occurred.
However, no penalties or attorney’s fees may be imposed unless the violation was “intentional.” But the court may still find that a violation occurred, even if it concludes that it wasn’t intentional.
“In practice, the forfeiture of office and the awarding of attorney’s fees rarely happens,” Anfinson said. “The most common penalty is the imposition of the civil fine.”
The Fair Board says the meetings Steele is referring to were held during the fair and were not really meetings, just necessary sessions to run the fair each day.
Fair Board members told their attorney David Frundt that they operate as a non-profit 501(c)(3) and thus are not under the rules of the Open Meeting Law.
“So we should not be going to court over this,” one fair board member reported.
Both sides said their attorneys are discussing the situation. Steele’s attorney is from Rochester.