SF 1624

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; making data arising out of 
  1.3             complaints or charges involving certain public 
  1.4             officials accessible to the public; amending Minnesota 
  1.5             Statutes 1994, section 13.43, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13.43, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  1.10  in subdivision 5, the following personnel data on current and 
  1.11  former employees, volunteers, and independent contractors of a 
  1.12  state agency, statewide system, or political subdivision and 
  1.13  members of advisory boards or commissions is public: 
  1.14     (1) name; actual gross salary; salary range; contract fees; 
  1.15  actual gross pension; the value and nature of employer paid 
  1.16  fringe benefits; and the basis for and the amount of any added 
  1.17  remuneration, including expense reimbursement, in addition to 
  1.18  salary; 
  1.19     (2) job title; job description; education and training 
  1.20  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, whether or not regardless of whether the 
  1.24  complaint or 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 the employment relationship; 
  2.7      (7) work location; a work telephone number; badge number; 
  2.8   and honors and awards received; and 
  2.9      (8) payroll time sheets or other comparable data that are 
  2.10  only used to account for employee's work time for payroll 
  2.11  purposes, except to the extent that release of time sheet data 
  2.12  would reveal the employee's reasons for the use of sick or other 
  2.13  medical leave or other not public data; and city and county of 
  2.14  residence. 
  2.15     (b) For purposes of this subdivision, a final disposition 
  2.16  occurs when the state agency, statewide system, or political 
  2.17  subdivision makes its final decision about the disciplinary 
  2.18  action, regardless of the possibility of any later proceedings 
  2.19  or court proceedings.  In the case of arbitration proceedings 
  2.20  arising under collective bargaining agreements, a final 
  2.21  disposition occurs at the conclusion of the arbitration 
  2.22  proceedings, or upon the failure of the employee to elect 
  2.23  arbitration within the time provided by the collective 
  2.24  bargaining agreement.  Final disposition includes a resignation 
  2.25  by an individual when the resignation occurs after the final 
  2.26  decision of the state agency, statewide system, political 
  2.27  subdivision, or arbitrator. 
  2.28     (c) The state agency, statewide system, or political 
  2.29  subdivision may display a photograph of a current or former 
  2.30  employee to a prospective witness as part of the state agency's, 
  2.31  statewide system's, or political subdivision's investigation of 
  2.32  any complaint or charge against the employee. 
  2.33     (d) A complainant has access to a statement provided by the 
  2.34  complainant to a state agency, statewide system, or political 
  2.35  subdivision in connection with a complaint or charge against an 
  2.36  employee. 
  3.1      (e) Notwithstanding paragraph (a), clause (5), upon 
  3.2   completion of a public body's investigation of a complaint or 
  3.3   charge against a public official or if a public official resigns 
  3.4   or is terminated from employment while a complaint or charge is 
  3.5   pending, all data relating to the complaint or charge are 
  3.6   public, unless access to the data would jeopardize an active 
  3.7   investigation or reveal confidential sources who are employees 
  3.8   of the public body.  For purposes of this paragraph, "public 
  3.9   official" means: 
  3.10     (1) a head of an agency and other members of boards or 
  3.11  commissions required by law to be appointed by the governor or 
  3.12  other elective officers; 
  3.13     (2) executive or administrative heads of departments, 
  3.14  bureaus, divisions, and institutions; and 
  3.15     (3) deputy and assistant agency heads.