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HF 1197

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Introduction Posted on 03/26/2003

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to public employees; classifying certain 
  1.3             personnel data as private; amending Minnesota Statutes 
  1.4             2002, section 13.43, subdivision 2. 
  1.6      Section 1.  Minnesota Statutes 2002, section 13.43, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  1.9   in subdivision 5, the following personnel data on current and 
  1.10  former employees, volunteers, and independent contractors of a 
  1.11  state agency, statewide system, or political subdivision and 
  1.12  members of advisory boards or commissions is public: 
  1.13     (1) name; employee identification number, which must not be 
  1.14  the employee's social security number; actual gross salary; 
  1.15  salary range; contract fees; actual gross pension; the value and 
  1.16  nature of employer paid fringe benefits; and the basis for and 
  1.17  the amount of any added remuneration, including expense 
  1.18  reimbursement, in addition to salary; 
  1.19     (2) job title and bargaining unit; job description; 
  1.20  education and training background; and previous work experience; 
  1.21     (3) date of first and last employment; 
  1.22     (4) the existence and status of any complaints or charges 
  1.23  against the employee, regardless of whether the complaint or 
  1.24  charge resulted in a disciplinary action; 
  1.25     (5) the final disposition of any disciplinary action 
  2.1   together with the specific reasons for the action and data 
  2.2   documenting the basis of the action, excluding data that would 
  2.3   identify confidential sources who are employees of the public 
  2.4   body; 
  2.5      (6) the terms of any agreement settling any dispute arising 
  2.6   out of an employment relationship, including a buyout agreement 
  2.7   as defined in section 123B.143, subdivision 2, paragraph (a); 
  2.8   except that the agreement must include specific reasons for the 
  2.9   agreement if it involves the payment of more than $10,000 of 
  2.10  public money; 
  2.11     (7) work location; a work telephone number; badge number; 
  2.12  and honors and awards received; and 
  2.13     (8) payroll time sheets or other comparable data that are 
  2.14  only used to account for employee's work time for payroll 
  2.15  purposes, except to the extent that release of time sheet data 
  2.16  would reveal the employee's reasons for the use of sick or other 
  2.17  medical leave or other not public data; and city and county of 
  2.18  residence. 
  2.19     (b) For purposes of this subdivision, a final disposition 
  2.20  occurs when the state agency, statewide system, or political 
  2.21  subdivision makes its final decision about the disciplinary 
  2.22  action, regardless of the possibility of any later proceedings 
  2.23  or court proceedings.  In the case of arbitration proceedings 
  2.24  arising under collective bargaining agreements, a final 
  2.25  disposition occurs at the conclusion of the arbitration 
  2.26  proceedings, or upon the failure of the employee to elect 
  2.27  arbitration within the time provided by the collective 
  2.28  bargaining agreement.  Final disposition includes a resignation 
  2.29  by an individual when the resignation occurs after the final 
  2.30  decision of the state agency, statewide system, political 
  2.31  subdivision, or arbitrator. 
  2.32     (c) The state agency, statewide system, or political 
  2.33  subdivision may display a photograph of a current or former 
  2.34  employee to a prospective witness as part of the state agency's, 
  2.35  statewide system's, or political subdivision's investigation of 
  2.36  any complaint or charge against the employee. 
  3.1      (d) A complainant has access to a statement provided by the 
  3.2   complainant to a state agency, statewide system, or political 
  3.3   subdivision in connection with a complaint or charge against an 
  3.4   employee. 
  3.5      (e) Notwithstanding paragraph (a), clause (5), upon 
  3.6   completion of an investigation of a complaint or charge against 
  3.7   a public official, or if a public official resigns or is 
  3.8   terminated from employment while the complaint or charge is 
  3.9   pending, all data relating to the complaint or charge are 
  3.10  public, unless access to the data would jeopardize an active 
  3.11  investigation or reveal confidential sources.  For purposes of 
  3.12  this paragraph, "public official" means: 
  3.13     (1) the head of a state agency and deputy and assistant 
  3.14  state agency heads; 
  3.15     (2) members of boards or commissions required by law to be 
  3.16  appointed by the governor or other elective officers; and 
  3.17     (3) executive or administrative heads of departments, 
  3.18  bureaus, divisions, or institutions.