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HF 1569

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/09/2023 11:35am

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

Current Version - as introduced

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A bill for an act
relating to data practices; modifying the definition of "public official" in a city or
county; amending Minnesota Statutes 2022, section 13.43, subdivision 2.


Section 1.

Minnesota Statutes 2022, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;

(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;

(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;

(3) executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and

(4) the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section

(iii) in a city deleted text beginwith a population of more than 7,500deleted text end or a county deleted text beginwith a population of more
than 5,000
deleted text end: managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; and

(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positions.

(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause (4), are public only if:

(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or

(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.

This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.