SF 2216

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

  1.1                          A bill for an act 
  1.2             relating to privacy; providing for access to data on 
  1.3             settlement of employment disputes involving payment of 
  1.4             money; prohibiting agreements limiting the disclosure 
  1.5             and discussion of personnel data; requiring notice and 
  1.6             approval of employment settlements by the commissioner 
  1.7             of employee relations; amending Minnesota Statutes 
  1.8             1994, sections 13.43, by adding a subdivision; and 
  1.9             43A.04, by adding a subdivision; Minnesota Statutes 
  1.10            1995 Supplement, section 13.43, subdivision 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.13  13.43, subdivision 2, is amended to read: 
  1.14     Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  1.15  in subdivision 5, the following personnel data on current and 
  1.16  former employees, volunteers, and independent contractors of a 
  1.17  state agency, statewide system, or political subdivision and 
  1.18  members of advisory boards or commissions is public: 
  1.19     (1) name; actual gross salary; salary range; contract fees; 
  1.20  actual gross pension; the value and nature of employer paid 
  1.21  fringe benefits; and the basis for and the amount of any added 
  1.22  remuneration, including expense reimbursement, in addition to 
  1.23  salary; 
  1.24     (2) job title; job description; education and training 
  1.25  background; and previous work experience; 
  1.26     (3) date of first and last employment; 
  1.27     (4) the existence and status of any complaints or charges 
  1.28  against the employee, regardless of whether the complaint or 
  2.1   charge resulted in a disciplinary action; 
  2.2      (5) the final disposition of any disciplinary action 
  2.3   together with the specific reasons for the action and data 
  2.4   documenting the basis of the action, excluding data that would 
  2.5   identify confidential sources who are employees of the public 
  2.6   body; 
  2.7      (6) the terms of any agreement settling any dispute arising 
  2.8   out of an employment relationship or of a buyout agreement, as 
  2.9   defined in section 123.34, subdivision 9a, paragraph (a), and, 
  2.10  if an agreement involves the payment of public money, the 
  2.11  specific reasons for the agreement and data documenting the 
  2.12  reasons for the agreement, excluding data that would identify 
  2.13  confidential sources who are employees of the public body; 
  2.14     (7) work location; a work telephone number; badge number; 
  2.15  and honors and awards received; and 
  2.16     (8) payroll time sheets or other comparable data that are 
  2.17  only used to account for employee's work time for payroll 
  2.18  purposes, except to the extent that release of time sheet data 
  2.19  would reveal the employee's reasons for the use of sick or other 
  2.20  medical leave or other not public data; and city and county of 
  2.21  residence. 
  2.22     (b) For purposes of this subdivision, a final disposition 
  2.23  occurs when the state agency, statewide system, or political 
  2.24  subdivision makes its final decision about the disciplinary 
  2.25  action, regardless of the possibility of any later proceedings 
  2.26  or court proceedings.  In the case of arbitration proceedings 
  2.27  arising under collective bargaining agreements, a final 
  2.28  disposition occurs at the conclusion of the arbitration 
  2.29  proceedings, or upon the failure of the employee to elect 
  2.30  arbitration within the time provided by the collective 
  2.31  bargaining agreement.  Final disposition includes a resignation 
  2.32  by an individual when the resignation occurs after the final 
  2.33  decision of the state agency, statewide system, political 
  2.34  subdivision, or arbitrator. 
  2.35     (c) The state agency, statewide system, or political 
  2.36  subdivision may display a photograph of a current or former 
  3.1   employee to a prospective witness as part of the state agency's, 
  3.2   statewide system's, or political subdivision's investigation of 
  3.3   any complaint or charge against the employee. 
  3.4      (d) A complainant has access to a statement provided by the 
  3.5   complainant to a state agency, statewide system, or political 
  3.6   subdivision in connection with a complaint or charge against an 
  3.7   employee. 
  3.8      (e) Notwithstanding paragraph (a), clause (5), upon 
  3.9   completion of an investigation of a complaint or charge against 
  3.10  a public official, or if a public official resigns or is 
  3.11  terminated from employment while the complaint or charge is 
  3.12  pending, all data relating to the complaint or charge are 
  3.13  public, unless access to the data would jeopardize an active 
  3.14  investigation or reveal confidential sources.  For purposes of 
  3.15  this paragraph, "public official" means the head of a state 
  3.16  agency and deputy and assistant state agency heads. 
  3.17     Sec. 2.  Minnesota Statutes 1994, section 13.43, is amended 
  3.18  by adding a subdivision to read: 
  3.19     Subd. 10.  [PROHIBITION ON AGREEMENTS LIMITING DISCLOSURE 
  3.20  OR DISCUSSION OF PERSONNEL DATA.] (a) A state agency, statewide 
  3.21  system, or political subdivision may not enter into an agreement 
  3.22  with the purpose or effect of limiting access to or disclosure 
  3.23  of personnel data or limiting the discussion of information or 
  3.24  opinions related to personnel data.  An agreement or portion of 
  3.25  an agreement that violates this paragraph is void and 
  3.26  unenforceable. 
  3.27     (b) Paragraph (a) applies to: 
  3.28     (1) an agreement not to discuss, publicize, or comment on 
  3.29  personnel data or information; 
  3.30     (2) an agreement that limits the ability of the subject of 
  3.31  personnel data to release or consent to the release of data; or 
  3.32     (3) any other provision of an agreement that has the effect 
  3.33  of limiting the disclosure or discussion of information that 
  3.34  could otherwise be made accessible to the public. 
  3.35     (c) Paragraph (a) also applies to a court order that 
  3.36  contains terms or conditions prohibited by paragraph (a). 
  4.1      Sec. 3.  Minnesota Statutes 1994, section 43A.04, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 12.  [SETTLEMENT OF EMPLOYMENT DISPUTES.] (a) The 
  4.4   commissioner shall review and approve or disapprove all 
  4.5   agreements settling disputes involving employees of the 
  4.6   executive branch.  The head of a state agency shall submit a 
  4.7   proposed settlement to the commissioner, along with other data 
  4.8   necessary and relevant for the commissioner's review and 
  4.9   approval of the agreement.  The commissioner has access to 
  4.10  personnel data under section 13.43 to the extent necessary to 
  4.11  comply with this subdivision. 
  4.12     (b) A political subdivision that enters into an agreement 
  4.13  settling a dispute involving an employee of the political 
  4.14  subdivision shall file a copy of the agreement with the 
  4.15  commissioner, if the agreement involves a payment of $5,000 or 
  4.16  more by the political subdivision. 
  4.17     (c) By January 15 of each odd-numbered year, the 
  4.18  commissioner shall report to the legislature on the 
  4.19  commissioner's activities under this subdivision.  The 
  4.20  commissioner shall maintain data on employment disputes that are 
  4.21  public data in a manner that is readily accessible to the public.