Lehner noticed a closed meeting. The city attorney opened it back up: there was nothing to close.
The administrator signed a notice for a closed special meeting on January 28, 2026, to consider allegations against a police officer. When the council convened, the city attorney said no closed session was necessary. The officer had already resigned. The whole thing took nineteen minutes, in the open.
Minnesota's open meeting law is written so that closing a meeting is the exception and the notice says why. On January 20, 2026, Kenyon's city administrator signed a notice for a closed session eight days later. On January 28 the city attorney told the council, in the first minute, that there was nothing to close. The episode is small. It is also the second time in a month the same subject had been noticed for a closed room.
The notice
The document is one page, dated January 20, 2026, over the signature of Scott Lehner, City Administrator. It calls a special meeting "(Closed and Open)" for 6:05 p.m. on Wednesday, January 28, "pursuant to Minnesota Statutes section 13D.04, subdivision 2." Item one: "CLOSED MEETING: Pursuant to Minnesota Statutes, Section 13D.05, subdivision 2(b), to conduct a closed meeting (the meeting must be open at the request of the individual who is the subject of the meeting) to discuss preliminary consideration of allegations against an employee subject to its authority, Mr. Brian Homeier." Item two: an open meeting for "any additional discussion or actions that must occur or any council votes stemming from the subject of the closed meeting."
Subdivision 2(b) is the provision for a body weighing charges against someone it employs. It is the right citation for that purpose, and the notice tracks the statute's language carefully, including the employee's right to demand an open session. What it assumes is that on January 28 there would still be an employee and still be allegations to consider.
Mr. Brian Homeier submitted his resignation effective January 28, 2026, and the separation agreement was accepted.Minutes of the January 28, 2026 special meeting, source
The meeting
Mayor Don Kirchmann called it to order at 6:08 p.m. with Kim Helgeson, Lee Sjolander and Elana Brunner present and Mary Bailey absent; Lehner, Holli Gudknecht, City Attorney Scott Riggs and Police Chief Jeff Sjoblom were also there. The minutes then record, under the noticed closed item: "Attorney Riggs stated that a closed session was not necessary. Mr. Brian Homeier submitted his resignation effective January 28, 2026, and the separation agreement was accepted. Attorney Riggs and Administrator Lehner recommended approval of the resolution regarding the separation of Mr. Homeier's employment from the City of Kenyon."
Attorney Riggs stated that a closed session was not necessary.Minutes of the January 28, 2026 special meeting, meeting page.
Sjolander moved and Kirchmann seconded Resolution 2026-06, "Separating the Employment of Brian Homeier from the City of Kenyon," which carried 4-0-0. Under "other related matter" the minutes say "nothing additional." Brunner moved to adjourn at 6:27. The council had been in the room nineteen minutes and never closed the door.
Brady Fischer questioned what was going on with police officer Homeier.Minutes of December 9, 2025, source
The month before
This was the second notice on the subject. On December 4, 2025, Lehner had signed a notice for a special closed meeting on December 9 under 13D.05, subdivision 2(a)(2), "to discuss internal affairs data related to allegations of law enforcement personnel misconduct." That session did close, from 6:12 to 6:49 p.m., and reported "No Action." At the regular meeting that followed, resident Brady Fischer asked what was going on with Officer Homeier, and Lehner said he was on administrative leave. Between that answer and the January notice, the officer resigned and a separation agreement was reached, and the notice went out anyway citing a closed-session ground that no longer applied.
No harm followed. The attorney corrected the premise on the record, the council acted in public, and the minutes are candid about the sequence. That is how the law is supposed to work when a notice outruns the facts. What the record leaves is a smaller point about care. A notice to close a public meeting is the administrator's document, drafted with counsel, dated and signed. This one was signed on the 20th for a purpose that, by the 28th, the city's own attorney said did not exist. Kenyon's council heard from its lawyer before it heard from its administrator, which is the right order, and it is worth noticing that it had to.
Before and after
- Dec. 4, 2025The administrator signs a notice for a closed meeting on internal affairs data about alleged law enforcement misconduct.
- Dec. 9, 2025The council closes from 6:12 to 6:49 p.m. and reports no action; at the regular meeting a resident asks about Officer Homeier and is told he is on administrative leave.
- Jan. 20, 2026The administrator signs a second notice, for a closed meeting January 28 on allegations against the officer by name.
- Jan. 28, 2026The city attorney tells the council a closed session is not necessary; the officer has resigned; Resolution 2026-06 passes 4-0-0 in open session.
- Feb. 10, 2026The regular meeting is cancelled for lack of a quorum; the minutes reach the council in March.
What the statute says
A public body shall close one or more meetings for preliminary consideration of allegations or charges against an individual subject to its authority.
The ground the notice cited. It presumes there is still an employee and still an allegation to weigh.
A meeting must also be open at the request of the individual who is the subject of the meeting.
The notice repeated this protection accurately.
the public body shall post written notice of the date, time, place, and purpose of the meeting on the principal bulletin board of the public body
A special meeting notice has to state its purpose, which is why a stale purpose matters.
People in this story
- Scott LehnerCity administrator, on the payroll since December 14, 2024
- Scott RiggsCity attorney; advised that no closed session was needed
- Don KirchmannMayor; called the meeting to order, seconded the resolution
- Lee SjolanderCouncil member; moved Resolution 2026-06
- Jeff SjoblomPolice chief, present
- Brian HomeierPolice officer; resigned effective January 28, 2026
Sources
- Notice of Special City Council Meeting (Closed and Open), January 28, 2026, signed by Scott Lehner, dated January 20, 2026; minutes of the January 28, 2026 special meeting; both on the meeting page.
- Minutes of the January 28, 2026 special and closed meetings, in the March 10, 2026 packet.
- Notice and minutes of the December 9, 2025 special closed meeting, and the regular meeting exchange on administrative leave, meeting page.
- Minnesota Statutes 13D.05 and 13D.04.
More from the record
The Messenger has an office in Kenyon and asked for the legal-notice contract. The council gave it to the Leader without a word.
Your electric bill rises 27.6 percent over five years. It passed on consent, no discussion, and no minutes are posted.
Somebody forgot to levy $57,000 in bond payments. Kenyon found out eight months late, from the vendor.
All 27, in order · The open letter · Every packet and recording