MN Data Practices Advisory Opinions Archive

October 12, 1995 · October 12, 1995; Mahnomen County

Is X entitled to gain access to a copy of the investigative report, of which he is the subject, that the members of the Mahnomen County Board reviewed and discussed publicly at one of their regularly scheduled meetings?

Elected and appointed officials Personnel data #Data subject access to personnel data #Status as employees (13.601, 13.43)

Advisory Opinion 95-039 95-039

September 12, 1995 · September 12, 1995; University of Minnesota

Does the

Personnel data Statutory construction (Ch. 645) #Promise of confidentiality #Settlement agreements #Words and phrases construed (645.08)

Advisory Opinion 95-036 95-036

July 31, 1995 · July 31, 1995; LeSeuer County

Does an individual have a right, pursuant to Minnesota Statutes Chapter 13, to gain access to the data collected and recorded on ICRs that have been maintained by the LeSueur County Sheriff's office since 1991? Does an …

Inspection Law enforcement data Personnel data #Dispatch logs #Education/training background, job history, previous work experience #Free of charge #Initial crime report (ICR) #Physical data access (13.82, subd. 16 / subd. 9)

Advisory Opinion 95-035 95-035

July 27, 1995 · July 27, 1995; City of Brooklyn Park

Is the Brooklyn Park Police Civil Service Commission a

Data subjects Educational data Informed consent Personnel data Tennessen warning #Civil investigative data (13.39) #Consent needed for new use of data if notice was not given #Data necessary for administration and management of programs (13.05, subd. 3) #Informed consent #Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)

Advisory Opinion 95-034 95-034

July 27, 1995 · July 27, 1995; Douglas County

What data about former public employees are public? If disciplinary action has been taken against a public employee, are the following data relating to the disciplinary action public: specific reasons for the action and…

Personnel data #Final disposition of disciplinary action #Former employee

Advisory Opinion 95-029 95-029

June 21, 1995 · June 21, 1995; City of Waterville

Are data collected by the City of Waterville Police Department and recorded on ICRs (Initial Call Reports) public data? Are data collected and recorded on the City of Waterville Police Department dispatch logs public da…

Law enforcement data Personnel data #Dispatch logs #Education/training background, job history, previous work experience #Entity determination under 13.072 #Initial crime report (ICR)

Advisory Opinion 95-027 95-027

June 6, 1995 · June 6, 1995; Metropolitan Airports Commission

Is the written reprimand issued to the officer the

Personnel data #Final decision regarding disciplinary action #Reprimand

Advisory Opinion 95-026 95-026

June 6, 1995 · June 6, 1995; School District 458 (Truman)

Is a parent of one of the students involved in the incident entitled to a copy of the sexual harassment report? If so, must any portions of the document be redacted? If so, which specific portions?

Data subjects Educational data Personnel data #Education data #Harassment claims, investigations #Volunteers #Volunteers

Advisory Opinion 95-024 95-024

May 18, 1995 · May 18, 1995; Minneapolis Fire Department Relief Association

Are itemizations of expense accounts public data pursuant to Minnesota Statutes Section 13.32, subdivision 2? Are the bylaws of the Minneapolis Fire Department Relief Association in conformity with Minnesota Statutes Ch…

Personnel data Responsible authority #Duties, generally #Fire relief associations - subject to Chapter 13 #Remuneration

Advisory Opinion 95-023 95-023

May 15, 1995 · May 15, 1995; City of Duluth

Must the City of Duluth retain the oral examination score sheets for two years after the oral examination of prospective firefighters? Do X's oral examination score sheets constitute private data available to him, or pu…

Personnel data Records management/retention Responsible authority #Data destruction #Data subject access to personnel data #Examination data (13.34) #Responsible authority (RA)

Advisory Opinion 95-014 95-014

March 28, 1995 · March 28, 1995; City of Virginia

By releasing information regarding discussions between Mr. Dragisich and the president of the City Council about his proposed termination and possible severance package, did the City violate provisions of Minnesota Stat…

Closed meetings Open Meeting Law Personnel data #Employee evaluation summary #Employee evaluation summary #Government data (13.02, subd. 7) #Mental impressions (Keezer v. Spickard, 493 N.W.2d 614) #Recorded

+1 more

#Security safeguards (13.05, subd. 5)

Advisory Opinion 95-002 95-002

January 10, 1995 · January 10, 1995; School District 709 (Duluth)

Does ISD #709's failure to deliver this memorandum to X within five (5) days of his 7/15/94 request violate Minn. Stat. §13.04, subd. 3? Does ISD #709's failure to deliver this memorandum to X within five (5) days of hi…

Legislative authority and intent Personnel data Records management/retention #Data destruction #Data subject access to personnel data #Labor and Industry Department #Personnel data #Supervisor file

Advisory Opinion 95-001 95-001

January 4, 1995 · January 4, 1995; Dodge County

Does a member of the public have the right to gain access to government data about a public employee that describe specific institutions of learning attended and specific places of employment?

Legislative authority and intent Personnel data #Access to actual data #Education/training background, job history, previous work experience #Public data, no restrictions on use

Advisory Opinion 94-051 94-051

November 16, 1994 · November 16, 1994; Minnesota Department of Public Safety

For which files have there been

Personnel data #Collective bargaining agreements #Personnel files #Settlement agreements #Specific reasons and data documenting basis for action

Advisory Opinion 94-050 94-050

November 10, 1994 · November 10, 1994; School District 834 (Stillwater)

What data are public about a public employee after an investigation into a complaint against that employee results in a determination that no disciplinary action will be taken.

Educational data Personnel data

Advisory Opinion 94-049 94-049

November 3, 1994 · November 3, 1994; Beltrami County

When a government agency (such as Beltrami County) and its insurance carrier have settled claims, charges or causes of action against the agency, by means of an agreement that incorporates a confidentiality covenant, ma…

Contracts/privatization Personnel data #13.03 subdivision 11 #Contracts #Privatization #Settlement agreements

Advisory Opinion 94-042 94-042

October 14, 1994 · October 14, 1994; City of Hibbing

Is the identity of a governmental employee who has been disciplined, and the nature of the discipline imposed on that employee, public data prior to a final disposition of the disciplinary action.

Legislative authority and intent Personnel data #Names of employees #Personnel data #Specific reasons and data documenting basis for action

Advisory Opinion 94-038 94-038

September 29, 1994 · September 29, 1994; School District 625 (St. Paul)

Is he entitled to gain access to data that existed on the District's computer on or before October 21, 1993? Has X actually received the information that existed in the District's computer on or before October 21, 1993?…

Electronic data Personnel data Requests for data #Data request vs. question/inquiry #Data subject access to personnel data #Electronic data

Advisory Opinion 94-036 94-036

September 2, 1994 · September 2, 1994; City of Brooklyn Center

Personnel data Statutory construction (Ch. 645) #Legislative intent (645.16) #Undercover law enforcement officer

Advisory Opinion 94-034 94-034

August 24, 1994 · August 24, 1994; School District 742 (Saint Cloud)

Are the documents, other than the personnel file and the building file, that have been requested by the employee subject to disclosure to the employee given the nature by which those documents were generated, kept and m…

Legislative authority and intent Personnel data #Complainant identity #Data subject access #Personnel files #Supervisor file

Advisory Opinion 94-033 94-033

August 18, 1994 · August 18, 1994; City of Centerville

Whether discussion of allegations or charges against an employee of the city should only take place at a closed meeting unless the employee who is the subject of the discussion requests that the meeting be open to the p…

Open Meeting Law Personnel data #Open Meeting Law

Advisory Opinion 94-025 94-025

June 24, 1994 · June 24, 1994; City of Minneapolis

What is public information regarding mediation in the data of the Authority?

Personnel data #Mediation #Mediation data, generally (See also: Bureau of Mediation Services data and Labor relations data) #Minneapolis Civilian Review Board (CRA)

Advisory Opinion 94-022 94-022

May 6, 1994 · May 6, 1994; Saint Cloud State University

Since the search committee is now conducting interviews of the remaining candidates, are those candidates

Legislative authority and intent Personnel data #Access to actual data #Applicant data #Applicants for employment #Candidates for employment #Education/training background, job history, previous work experience

+1 more

#Finalist for public employment (13.43, subd. 3)

Advisory Opinion 94-019 94-019

April 15, 1994 · April 15, 1994; City of Crystal

Is the decision of the city manager at Step II of the grievance process a

Government Data Personnel data

Advisory Opinion 94-018 94-018

April 11, 1994 · April 11, 1994; School District 272 (Eden Prairie)

Under Minn. Stat. §13.43, subd. 8, does the phrase

Educational data Legislative authority and intent Personnel data #Collective bargaining agreements #Complainant identity #Harassment claims, investigations #Harassment data (13.43, subd. 8) #Harassment data (13.43, subd. 8)

+1 more

#Witness identity or statement

Advisory Opinions Library