MN Data Practices Advisory Opinions Archive

November 17, 2005 · November 17, 2005; School District 273 (Edina)

Are the following data classified as public pursuant to Minnesota Statutes, section 13.43, subdivision 3: a written report provided to a school district by a consultant? Are the following data classified as public pursu…

Legislative authority and intent Personnel data #Applicant data #Applicants for employment #Candidates for employment

Advisory Opinion 05-029 05-029

September 28, 2005 · September 28, 2005; City of Kimball

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data the City of Kimball typically would include in the minutes of an open meeting: two resolutions regarding the discipline of two…

Legislative authority and intent Open Meeting Law Personnel data #Open Meeting Law #Open Meeting Law #Record of meeting

Advisory Opinion 05-025 05-025

June 29, 2005 · June 29, 2005; School District 709 (Duluth)

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data in Exhibits A, B, C, and D, relating to the resignation of two former District employees?

Personnel data #Disciplinary action not taken, data not public #Educational data, included (See also: Educational data - Personnel data) #Final decision regarding disciplinary action

Advisory Opinion 05-019 05-019

May 16, 2005 · May 16, 2005; Winona Housing and Redevelopment Authority

Would the Winona Housing and Redevelopment Authority (HRA) be in compliance with Minnesota Statutes, Chapter 13, if it provides a complainant access to data that consist of an

Personnel data #Complainant access to data #Statement provided by complainant

Advisory Opinion 05-018 05-018

May 11, 2005 · May 11, 2005; City of Saint Paul

Did the City of Saint Paul comply with Minnesota Statutes, Chapter 13, in responding to a request for certain data about a former City employee?

Legislative authority and intent Personnel data #Disciplinary action data, access #Public official · Public personnel data #Specific reasons and data documenting basis for action

Advisory Opinion 05-012 05-012

March 21, 2005 · March 21, 2005; Faribault County

Was Faribault County in compliance with Minnesota Statutes, Chapter 13, when it disseminated to the public a copy of a document containing data about an employee?

Personnel data #Disclosure or Dissemination of data #Final disposition of disciplinary action

Advisory Opinion 05-004 05-004

January 7, 2005 · January 7, 2005; School District 700 (Hermantown)

Did Independent School District 700, Hermantown, comply with Minnesota Statutes, Chapter 13, when it released certain data about an employee to the employee's labor union?

Personnel data #Labor/union access (13.43, subd. 6)

Advisory Opinion 04-075 04-075

November 18, 2004 · November 18, 2004; Washington County

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data related to a case in which a complaint is made against a licensed day care provider and no disciplinary, corrective or other enforcement act…

Licensing data Personnel data #Complaint or charge #Licensing data

Advisory Opinion 04-064 04-064

October 15, 2004 · October 15, 2004; School District 276 (Minnetonka)

Did Independent School District 276 (Minnetonka), comply with Minnesota Statutes, Chapter 13, in its response to a May 5, 2004, request for public data?

Personnel data Requests for data #Complaint or charge #Entity responsibility #School board members #School board members #Status

Advisory Opinion 04-047 04-047

July 22, 2004 · July 22, 2004; Minneapolis Park and Recreation Board

Did the Minneapolis Park and Recreation Board comply with Minnesota Statutes, Chapter 13, when it released data to the public that X had been suspended without pay?

Personnel data #Specific reasons and data documenting basis for action #Status #Suspension with/without pay #Time sheets or payroll

Advisory Opinion 04-039 04-039

June 22, 2004 · June 22, 2004; City of Orr

Has the City of Orr complied with Minnesota Statutes, Chapter 13, in responding to a March 29, 2004, request for access to data relating to the termination of an employee?

Personnel data #Specific reasons and data documenting basis for action

Advisory Opinion 04-037 04-037

June 3, 2004 · June 3, 2004; City of Winsted

Pursuant to Minnesota Statutes, Chapter 13, if the employee has not given his/her written consent to release data under 49 C.F.R. §382.405(h) and 49 C.F.R. §40.321, what is the classification of the data relating to the…

Closed meetings Open Meeting Law Personnel data #Alcohol and drug test data #Alcohol and drug treatment records (42 C.F.R. Part 2) #Closed meetings #Open Meeting Law #Printed materials

+1 more

#Specific reasons and data documenting basis for action

Advisory Opinion 04-032 04-032

June 1, 2004 · June 1, 2004; School District 700 (Hermantown)

Did Independent School District 700, Hermantown, comply with Minnesota Statutes, Chapter 13, in responding to a data subject's request for a copy of her time sheets?

Copy costs Data subjects Existence of data Personnel data Requests for data Response to data requests #Clarification of request #Data not found #Limit on frequency of access to data #Time sheets or payroll

Advisory Opinion 04-030 04-030

May 17, 2004 · May 17, 2004; City of Eagan

Has the City of Eagan complied with Minnesota Statutes, Chapter 13, in its determination regarding a request for the Mayor's cellular phone bill?

Personal data/devices Personnel data #Cell phones #Personal data excluded #Telephone records/bills #Work location/telephone number

Advisory Opinion 04-017 04-017

March 26, 2004 · March 26, 2004; City of Thief River Falls

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of Thief River Falls maintains: the dollar value of an employee's health insurance benefit?

Personnel data #Fringe benefits #HIPAA (Health Insurance Portability and Accountability Act; 45 C.F.R. Parts 160 and 164)

Advisory Opinion 04-015 04-015

March 17, 2004 · March 17, 2004; School District 97 (Moose Lake)

Is the February 5, 2004, letter private or public information pursuant to Minnesota Statutes, Chapter 13, et seq.? Can the February 5, 2004, letter be released to Education Minnesota pursuant to Minnesota Statutes Chapt…

Personnel data #Labor/union access (13.43, subd. 6)

Advisory Opinion 04-014 04-014

March 11, 2004 · March 11, 2004; School District 821 (Menahga)

Pursuant to Minnesota Statutes, Chapter 13, does the enclosed document contain private personnel data on former or current employees of the District? Pursuant to Minnesota Statutes, Chapter 13, may the District release …

Personnel data Redaction #Court records (See also: Judicial branch) #Entity determines redaction #Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509)

Advisory Opinion 04-006 04-006

February 27, 2004 · February 27, 2004; Minnesota Board of Pharmacy

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Board of Pharmacy respond appropriately to a December 22, 2003, request for access to the following data:

Civil investigative data Licensing data Requests for data #Chief attorney has substantial discretion to determine #Data request vs. question/inquiry #Only regulates data on individuals

Advisory Opinion 04-002 04-002

January 21, 2004 · January 21, 2004; City of Duluth

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of Duluth maintains: data relating to a disciplinary proceeding, including the arbitration decision, involving a…

Personnel data #Grievance sustained

Advisory Opinion 03-050 03-050

December 31, 2003 · December 31, 2003; Minnesota Department of Military Affairs

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of cell phone records of a current or former employee that the Minnesota Department of Military Affairs maintains?

Personal data/devices Personnel data #Cell phones #Freedom of Information Act (FOIA) #Government data (13.02, subd. 7) #Military Affairs Department (MDMA) #National Guard, Minnesota

+4 more

#Personal data excluded #Phone records #Specific reasons and data documenting basis for action #Telephone records/bills

Advisory Opinion 03-049 03-049

December 31, 2003 · December 31, 2003; Minnesota Department of Human Services

Pursuant to Minnesota Statutes, Chapter 13, did the Minnesota Department of Human Services respond appropriately to a June 6, 2003, request for the following data: the existence and status of any complaints or charges a…

Personnel data #Status

Advisory Opinion 03-048 03-048

December 22, 2003 · December 22, 2003; City of Saint Paul

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of Saint Paul maintains: a list of people who have worked in the City of Saint Paul Mayor's office in the last s…

Personnel data #Employee name

Advisory Opinion 03-045 03-045

November 10, 2003 · November 10, 2003; School District 271 (Bloomington)

Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 271, Bloomington, respond appropriately to a request for public data related to a complaint made against a District employee?

Personnel data #Disciplinary action not taken, data not public #Status

Advisory Opinion 03-036 03-036

September 15, 2003 · September 15, 2003; City of La Crescent

Pursuant to Minnesota Statutes, Chapter 13, did the City of La Crescent respond appropriately to a request for access to all public data about an employee?

Personnel data #Settlement agreements #Status

Advisory Opinion 03-035 03-035

September 9, 2003 · September 9, 2003; City of Saint Paul

Pursuant to Minnesota Statutes, Chapter 13, what is the classification of the following data that the City of St. Paul maintains: interview notes collected from or about a volunteer concerning a complaint about a member…

Personnel data #Complainant identity #Employee name

Advisory Opinions Library