Minnesota Legislature
HF 2647
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 04/30/2012 12:16pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to education; clarifying the definition of public data relating to
1.3agreements involving payment of public money;amending Minnesota Statutes
1.42010, section 13.43, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 13.43, subdivision 2, is amended to read:
1.7 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.8subject to the limitations described in subdivision 5a, the following personnel data on
1.9current and former employees, volunteers, and independent contractors of a government
1.10entity is public:
1.11 (1) name; employee identification number, which must not be the employee's Social
1.12Security number; actual gross salary; salary range; terms and conditions of employment
1.13relationship; contract fees; actual gross pension; the value and nature of employer paid
1.14fringe benefits; and the basis for and the amount of any added remuneration, including
1.15expense reimbursement, in addition to salary;
1.16 (2) job title and bargaining unit; job description; education and training background;
1.17and previous work experience;
1.18 (3) date of first and last employment;
1.19 (4) the existence and status of any complaints or charges against the employee,
1.20regardless of whether the complaint or charge resulted in a disciplinary action;
1.21 (5) the final disposition of any disciplinary action together with the specific reasons
1.22for the action and data documenting the basis of the action, excluding data that would
1.23identify confidential sources who are employees of the public body;
2.1 (6) the complete terms of any agreement settling any dispute arising out of an
2.2employment relationship, including a buyout agreement as defined in section123B.143,
2.3subdivision 2 , paragraph (a); except that the agreement must include specific reasons for
2.4the agreement if it involves the payment of more than $10,000 of public money;
2.5 (7) work location; a work telephone number; badge number; work-related continuing
2.6education; and honors and awards received; and
2.7 (8) payroll time sheets or other comparable data that are only used to account for
2.8employee's work time for payroll purposes, except to the extent that release of time sheet
2.9data would reveal the employee's reasons for the use of sick or other medical leave
2.10or other not public data.
2.11 (b) For purposes of this subdivision, a final disposition occurs when the government
2.12entity makes its final decision about the disciplinary action, regardless of the possibility of
2.13any later proceedings or court proceedings. Final disposition includes a resignation by an
2.14individual when the resignation occurs after the final decision of the government entity,
2.15or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.16agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.17or upon the failure of the employee to elect arbitration within the time provided by the
2.18collective bargaining agreement. A disciplinary action does not become public data if an
2.19arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.20 (c) The government entity may display a photograph of a current or former employee
2.21to a prospective witness as part of the government entity's investigation of any complaint
2.22or charge against the employee.
2.23 (d) A complainant has access to a statement provided by the complainant to a
2.24government entity in connection with a complaint or charge against an employee.
2.25 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.26completion of an investigation of a complaint or charge against a public official, or if a
2.27public official resigns or is terminated from employment while the complaint or charge is
2.28pending, all data relating to the complaint or charge are public, unless access to the data
2.29would jeopardize an active investigation or reveal confidential sources. For purposes
2.30of this paragraph, "public official" means:
2.31 (1) the head of a state agency and deputy and assistant state agency heads;
2.32 (2) members of boards or commissions required by law to be appointed by the
2.33governor or other elective officers;and
2.34 (3) executive or administrative heads of departments, bureaus, divisions, or
2.35institutions within state government; and
2.36(4) the following employees:
3.1(i) the chief administrative officer, or the individual acting in an equivalent position,
3.2in all political subdivisions;
3.3(ii) individuals required to be identified by a political subdivision pursuant to section
3.4471.701;
3.5(iii) in a city with a population of more than 7,500 or a county with a population
3.6of more than 5,000, individuals in a management capacity reporting directly to the chief
3.7administrative officer or the individual acting in an equivalent position; and
3.8(iv) in a school district, business managers, human resource directors, and
3.9individuals defined as superintendents, principals, and directors under Minnesota Rules,
3.10part 3512.0100; and in a charter school, individuals employed in comparable positions.
3.11(f) Data relating to a complaint or charge against an employee identified under
3.12paragraph (e), clause (4), are public only if:
3.13(1) the complaint or charge results in disciplinary action or the employee resigns or
3.14is terminated from employment while the complaint or charge is pending; or
3.15(2) potential legal claims arising out of the conduct that is the subject of the
3.16complaint or charge are released as part of a settlement agreement with another person.
3.17This paragraph and paragraph (e) do not authorize the release of data that are made
3.18not public under other law.
3.19EFFECTIVE DATE.This section is effective the day following final enactment
3.20and applies to any agreement entered into or modified after that date.
1.3agreements involving payment of public money;amending Minnesota Statutes
1.42010, section 13.43, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 13.43, subdivision 2, is amended to read:
1.7 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.8subject to the limitations described in subdivision 5a, the following personnel data on
1.9current and former employees, volunteers, and independent contractors of a government
1.10entity is public:
1.11 (1) name; employee identification number, which must not be the employee's Social
1.12Security number; actual gross salary; salary range; terms and conditions of employment
1.13relationship; contract fees; actual gross pension; the value and nature of employer paid
1.14fringe benefits; and the basis for and the amount of any added remuneration, including
1.15expense reimbursement, in addition to salary;
1.16 (2) job title and bargaining unit; job description; education and training background;
1.17and previous work experience;
1.18 (3) date of first and last employment;
1.19 (4) the existence and status of any complaints or charges against the employee,
1.20regardless of whether the complaint or charge resulted in a disciplinary action;
1.21 (5) the final disposition of any disciplinary action together with the specific reasons
1.22for the action and data documenting the basis of the action, excluding data that would
1.23identify confidential sources who are employees of the public body;
2.1 (6) the complete terms of any agreement settling any dispute arising out of an
2.2employment relationship, including a buyout agreement as defined in section
2.3subdivision 2
2.4the agreement if it involves the payment of more than $10,000 of public money;
2.5 (7) work location; a work telephone number; badge number; work-related continuing
2.6education; and honors and awards received; and
2.7 (8) payroll time sheets or other comparable data that are only used to account for
2.8employee's work time for payroll purposes, except to the extent that release of time sheet
2.9data would reveal the employee's reasons for the use of sick or other medical leave
2.10or other not public data.
2.11 (b) For purposes of this subdivision, a final disposition occurs when the government
2.12entity makes its final decision about the disciplinary action, regardless of the possibility of
2.13any later proceedings or court proceedings. Final disposition includes a resignation by an
2.14individual when the resignation occurs after the final decision of the government entity,
2.15or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.16agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.17or upon the failure of the employee to elect arbitration within the time provided by the
2.18collective bargaining agreement. A disciplinary action does not become public data if an
2.19arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.20 (c) The government entity may display a photograph of a current or former employee
2.21to a prospective witness as part of the government entity's investigation of any complaint
2.22or charge against the employee.
2.23 (d) A complainant has access to a statement provided by the complainant to a
2.24government entity in connection with a complaint or charge against an employee.
2.25 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.26completion of an investigation of a complaint or charge against a public official, or if a
2.27public official resigns or is terminated from employment while the complaint or charge is
2.28pending, all data relating to the complaint or charge are public, unless access to the data
2.29would jeopardize an active investigation or reveal confidential sources. For purposes
2.30of this paragraph, "public official" means:
2.31 (1) the head of a state agency and deputy and assistant state agency heads;
2.32 (2) members of boards or commissions required by law to be appointed by the
2.33governor or other elective officers;
2.34 (3) executive or administrative heads of departments, bureaus, divisions, or
2.35institutions within state government; and
2.36(4) the following employees:
3.1(i) the chief administrative officer, or the individual acting in an equivalent position,
3.2in all political subdivisions;
3.3(ii) individuals required to be identified by a political subdivision pursuant to section
3.4471.701;
3.5(iii) in a city with a population of more than 7,500 or a county with a population
3.6of more than 5,000, individuals in a management capacity reporting directly to the chief
3.7administrative officer or the individual acting in an equivalent position; and
3.8(iv) in a school district, business managers, human resource directors, and
3.9individuals defined as superintendents, principals, and directors under Minnesota Rules,
3.10part 3512.0100; and in a charter school, individuals employed in comparable positions.
3.11(f) Data relating to a complaint or charge against an employee identified under
3.12paragraph (e), clause (4), are public only if:
3.13(1) the complaint or charge results in disciplinary action or the employee resigns or
3.14is terminated from employment while the complaint or charge is pending; or
3.15(2) potential legal claims arising out of the conduct that is the subject of the
3.16complaint or charge are released as part of a settlement agreement with another person.
3.17This paragraph and paragraph (e) do not authorize the release of data that are made
3.18not public under other law.
3.19EFFECTIVE DATE.This section is effective the day following final enactment
3.20and applies to any agreement entered into or modified after that date.