HF 564

as introduced - 90th Legislature (2017 - 2018) Posted on 01/26/2017 02:16pm

A bill for an act
relating to state government; classifying certain data of the Public Employment
Relations Board; exempting the Public Employment Relations Board from the
open meetings law in certain cases; amending Minnesota Statutes 2016, sections
13.43, subdivision 6; 13D.01, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations new text begin , Bureau of Mediation Services, and Public
Employment Relations Board new text end .

Personnel data may be disseminated to labor organizations new text begin
and the Public Employment Relations Board new text end to the extent that the responsible authority
determines that the dissemination is necessary to conduct elections, notify employees of
fair share fee assessments, and implement the provisions of chapters 179 and 179A. Personnel
data shall be disseminated to labor organizations new text begin , the Public Employment Relations Board, new text end
and deleted text begin to deleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Services new text begin or the Public
Employment Relations Board or its designee new text end .

Sec. 2.

new text begin [13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "board" means the Public
Employment Relations Board.
new text end

new text begin Subd. 2. new text end

new text begin Not public data. new text end

new text begin (a) Except as provided in this subdivision, all data maintained
by the board about a charge or complaint of unfair labor practices and appeals of
determinations of the commissioner under section 179A.12, subdivision 11, are classified
as protected nonpublic data or confidential data and become public when admitted into
evidence at a hearing conducted pursuant to section 179A.13. The data may be subject to
a protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Notwithstanding sections 13.43 and 181.932, the following data are public:
new text end

new text begin (1) the filing date of unfair labor practice charges;
new text end

new text begin (2) the status of unfair labor practice charges as an original or amended charge;
new text end

new text begin (3) the names and job classifications of charging parties and charged parties;
new text end

new text begin (4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end

new text begin (5) the complaint issued by the board and all data in the complaint;
new text end

new text begin (6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end

new text begin (7) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end

new text begin (8) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end

new text begin (9) briefs filed with the board; and
new text end

new text begin (10) decisions and orders issued by the board.
new text end

new text begin (c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end

new text begin (d) The board may make any data classified as protected nonpublic or confidential
pursuant to this subdivision accessible to any person or party if the access will aid the
implementation of chapters 179 and 179A or ensure due process protection of the parties.
new text end

Sec. 3.

Minnesota Statutes 2016, section 13D.01, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

This chapter does not apply new text begin :
new text end

(1) to meetings of the commissioner of corrections;

(2) to a state agency, board, or commission when it is exercising quasi-judicial functions
involving disciplinary proceedings;

new text begin (3) to meetings of the Public Employment Relations Board when it is deliberating on
the merits of unfair labor practice charges under sections 179.11, 179.12, and 179A.13;
reviewing a recommended decision and order of a hearing officer under section 179A.13;
reviewing decisions of the commissioner of the Bureau of Mediation Services relating to
unfair labor practices under section 179A.12, subdivision 11; or exercising its hiring authority
under section 179A.041; new text end or

deleted text begin (3) deleted text end new text begin (4) new text end as otherwise expressly provided by statute.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective July 1, 2017.
new text end