MAPLEWOOD MAYOR'S FORUM - Partial Transcript

Saturday, April 7, 2007
10 am - noon, Maplewood City Offices

[Begin forum segment: discussion related to the recording issue
DL=Diana Longrie, MF=Mary Flister, Cx=a citizen]

DL: ...mention about your recording, and what we have done in the past is that Ms. Flister does record but if there are folks that do not want to be on her recording that she is kind enough to turn it off. If there...

MF: Diana I will be recording the entire meeting (DL: "I see") (C1: "No you are not going to be recording me") based on Mr.Kantrud's discussion last forum¹ .

DL: okay now just a second

C1: we don't not have to be recorded if we do not want to

C2: Kantrud (unintelligible) just turn it off lady

DL: okay so just a second folks, let's focus here a little bit. Because since then, since the last meeting, there is some information in the League of MN Cities handbook, that can be referred to, they've got their 11th edition² , and they do have a thing in there, that says, see there is a difference between the mayor's forum, which is obviously a meeting held at a public facility, okay, versus an open meeting where you've got council or board members who, you do have a quorum or they are making a decisions. There is obviously no decision making going on here³ . This is basically my mayor's forum, which is sort of like my office hours okay, and according to something they have in their handbook, and actually Ms Karen Guilfoile, was the one who found this, and looked this up, because she took the time to do this, so I want to thank Ms. Guilfoile for doing that, is that it says that the public may make an audio or video tape of an open meeting [emphasis added] if doing so does not have a significantly adverse impact on the order of the meeting. And that of course we can't prohibit dissemination or the broadcast of the tape that's made.

And I think that based on the history that's been going on here over the last few months, I think that if it were to be challenged that there is definitely documentation to show that, um, the recording of certain individuals who don't want to be recorded has had an impact on this meeting and that it actually has had the chilling effect of requesting, of asking people, making them feel rather, like they have to clam up. And so I would simply request that, if there are people here, that do not want to be recorded, that you simply turn the recorder off. Because otherwise what's happening is that those people don't feel like they want to express themselves, and this is not an open meeting of public officials. This is my office hours with citizens who are here to discuss what is on their mind about their area of Maplewood. And I think that that's, I think that's the middle common ground here. If you want to record me, you can record those people who want to be recorded. But we have also found that that has been disruptive. That there have been people who have had statements that they want specifically put on the recorder for the fact that that is want they want to do, and that takes away time from the meeting of the citizens with their mayor. And that is disruptive. And this has been going on for many many months. And I would say that if anybody wants to challenge that in court, I think we've got all kinds of documentation that this has been disruptive to this meeting. So, that is my decision. And that is the decision I am going to stick to. Okay, Ms. Flister,,,

MF: would you read the beginning part of that again? Did it address open meeting? Because I never claimed this was an open meeting.

C1: this is not an open meeting, it's an informal gathering.

MF: it is a public meeting.

C1: no

DL: and

MF: and we are in public as Mr. Kantrud spoke.

DL: it is a public meeting, a public meeting, is at an even different standard, at an even a lower standard, than an open meeting of public officials.

MF: do you have information, laws about that?

DL: I am going to stick with my decision. Because this is my forum, I am the mayor, I am the parliamentarian here, this is my office hours. And so just like anybody else who has office hours, there is a particular decorum that we are going to follow, because we have a huge group of people that a lot of things to talk about. And this has been consistently a bone of contention that has sucked up a lot of citizen time. Well, we have important citizen business to do here. So that is what I am going to stick to. Thank you Ms. Flister

MF: you have restricted my rights as a citizen by saying what you are saying. I will respect today. (DL: umhum) but I am not making any

C1: and by recording you are taking away my rights

DL: okay. [C1's name],

C2: [unintelligible] wants to recorder lady, and if you are going to [unintelligible]

DL: [C1's name], [C2's name]. [unintelligible] [C2's name]!

C2: [unintelligible]

C3: We've got a lot of things to do.

DL: Citizens, Please! Please!

MF: I have said I would turn the recorder off today. Only today is all I am speaking for. Thank you.

DL: And of course anyone is welcome to take notes. I mean anybody can take notes at these meetings. Everybody has always taken notes at these meetings. Meetings,,, notes are fine. Take notes. That's part of knowing and memorizing, memorializing what was important to you. Okay. So please take notes. There is nobody saying that you can't take notes. Nobody who is saying that you can't speak your opinion. But I have asked there be no personal attacks on anybody. I don't want that. Because that is not polite and certainly I don't do that to anyone else so I would expect none of our citizens to do that either. And I think it's very important that we respect different people's opinions. That's why we are in America here. We all have different opinions. And this is what I am asking to do at my, my office hours which I hold only once a month. Ms. Flister...

MF: I have one final comment. I challenge anyone to prove that I have misused or changed anything on the tapes or misused the information. (DL okay) I have not.

DL: okay. That's very okay

C2: I can do that for you. (DL okay, that is any) I've got 14 misquotes by you lady. (DL okay) 14. (DL okay) 15 by this guy (points to John Nephew). (DL okay, now) I've got the proof in...

MF: I believe Ms. Longrie, (C2: unintelligible) I believe Ms. Longrie (C2: unintelligible) asked not for any personal attacks

DL: okay, [C2's name]

C2: its not a personal attack

MF: yes it is

DL: [C2's name]...

C2: just stated the facts

DL: [C2's name] maybe perhaps after the meeting (unintelligible) you can have further discussion about this aspect of it. I think it's a good valuable...

C2: I've said all I am going to say (unintelligible)

DL: okay. [C1's name]

C1: I am just kind of wondering to say, I asked not to be recorded yet she had it on the internet. My name. 3 times. Now that

(DL: okay)

MF: I did not have a recording. It was from my notes.

C2: you did too, so did this guy

DL: So I think what this just goes to show again is that there is some dissent here and that the fact that this is going on that it is indeed having an adverse impact on the order of this meeting and so I will stick by that because I thing that we have enough documented (unintelligible) evidence of that no matter from what meeting it may be. So I appreciate Ms. Flister, you, what you are saying. And so lets get back,,, go ahead

C4: Okay, so as a former childcare provider I recognize attention-getting behavior. And this has taken up almost 15 minutes of our precious time for all of these people.

DL: okay. Thank you for your comments. So we are going to start with the mayor's forum then.

[end of segment]

Footnotes

¹ Mr. Kantrud's statement is included here

² From the League of MN Cities Handbook for Cities, 11th Ed, Chapter 7: Meetings, Motions, Resolutions, and Ordinances (large PDF)

The cited AG opinion (small PDF) states in part " Nothing in the facts and nothing in our experience suggests that mechanically transcribing the proceedings of meetings in the manner commonly done would affect the orderly conduct of the meeting." [emphasis added]

³ In fact, the City Manager is directed to do various things in this very meeting