SF 3373

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; modifying the definition 
  1.3             of public data; regulating the dissemination of data 
  1.4             to law enforcement; requiring public employees and 
  1.5             officers to make prompt reports of certain unlawful 
  1.6             actions; authorizing providing certain data to the 
  1.7             state auditor for audit or law enforcement purposes 
  1.8             notwithstanding provisions of the data practices act; 
  1.9             amending Minnesota Statutes 2000, sections 6.715, 
  1.10            subdivision 3, by adding a subdivision; 13.43, by 
  1.11            adding a subdivision; 13.82, subdivision 17; 609.456, 
  1.12            subdivision 1; Minnesota Statutes 2001 Supplement, 
  1.13            section 13.43, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 2000, section 6.715, 
  1.16  subdivision 3, is amended to read: 
  1.17     Subd. 3.  [LAW ENFORCEMENT.] Notwithstanding any provision 
  1.18  to the contrary in subdivision 2, chapter 13, or any other 
  1.19  statute related to the classification of government data, the 
  1.20  state auditor may share data relating to an audit with 
  1.21  appropriate local law enforcement agencies, including data 
  1.22  classified as not public. 
  1.23     Sec. 2.  Minnesota Statutes 2000, section 6.715, is amended 
  1.24  by adding a subdivision to read: 
  1.25     Subd. 4.  [ACCESS TO DATA.] It is not a violation of 
  1.26  chapter 13 or any other statute related to the classification of 
  1.27  government data for a state agency, statewide system, or 
  1.28  political subdivision, as defined in section 13.02, to provide 
  1.29  data or information to the state auditor, including data 
  2.1   classified as not public, for the purpose of an audit or 
  2.2   pursuant to section 609.456, subdivision 1. 
  2.3      Sec. 3.  Minnesota Statutes 2001 Supplement, section 13.43, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
  2.6   in subdivision 5, the following personnel data on current and 
  2.7   former employees, volunteers, and independent contractors of a 
  2.8   state agency, statewide system, or political subdivision and 
  2.9   members of advisory boards or commissions is public: 
  2.10     (1) name; employee identification number, which must not be 
  2.11  the employee's social security number; actual gross salary; 
  2.12  salary range; contract fees; actual gross pension; the value and 
  2.13  nature of employer paid fringe benefits; and the basis for and 
  2.14  the amount of any added remuneration, including expense 
  2.15  reimbursement, in addition to salary; 
  2.16     (2) job title and bargaining unit; job description; 
  2.17  education and training background; and previous work experience; 
  2.18     (3) date of first and last employment; 
  2.19     (4) the existence and status of any complaints or charges 
  2.20  against the employee, regardless of whether the complaint or 
  2.21  charge resulted in a disciplinary action; 
  2.22     (5) the final disposition of any disciplinary action 
  2.23  together with the specific reasons for the action and data 
  2.24  documenting the basis of the action, excluding data that would 
  2.25  identify confidential sources who are employees of the public 
  2.26  body; 
  2.27     (6) the terms of any agreement settling any dispute arising 
  2.28  out of an employment relationship, including a buyout agreement 
  2.29  as defined in section 123B.143, subdivision 2, paragraph (a); 
  2.30  except that the agreement must include specific reasons for the 
  2.31  agreement if it involves the payment of more than $10,000 of 
  2.32  public money; 
  2.33     (7) work location; a work telephone number; badge number; 
  2.34  and honors and awards received; and 
  2.35     (8) payroll time sheets or other comparable data that are 
  2.36  only used to account for employee's work time for payroll 
  3.1   purposes, except to the extent that release of time sheet data 
  3.2   would reveal the employee's reasons for the use of sick or other 
  3.3   medical leave or other not public data; and city and county of 
  3.4   residence. 
  3.5      (b) For purposes of this subdivision, a final disposition 
  3.6   occurs when the state agency, statewide system, or political 
  3.7   subdivision makes its final decision about the disciplinary 
  3.8   action, regardless of the possibility of any later proceedings 
  3.9   or court proceedings.  In the case of arbitration proceedings 
  3.10  arising under collective bargaining agreements, a final 
  3.11  disposition occurs at the conclusion of the arbitration 
  3.12  proceedings, or upon the failure of the employee to elect 
  3.13  arbitration within the time provided by the collective 
  3.14  bargaining agreement.  Final disposition includes a resignation 
  3.15  by an individual when the resignation occurs after the final 
  3.16  decision of the state agency, statewide system, political 
  3.17  subdivision, or arbitrator. 
  3.18     (c) The state agency, statewide system, or political 
  3.19  subdivision may display a photograph of a current or former 
  3.20  employee to a prospective witness as part of the state agency's, 
  3.21  statewide system's, or political subdivision's investigation of 
  3.22  any complaint or charge against the employee. 
  3.23     (d) A complainant has access to a statement provided by the 
  3.24  complainant to a state agency, statewide system, or political 
  3.25  subdivision in connection with a complaint or charge against an 
  3.26  employee. 
  3.27     (e) Notwithstanding paragraph (a), clause (5), upon 
  3.28  completion of an investigation of a complaint or charge against 
  3.29  a public official, or if a public official resigns or is 
  3.30  terminated from employment while the complaint or charge is 
  3.31  pending, all data relating to the complaint or charge are 
  3.32  public, unless access to the data would jeopardize an active 
  3.33  investigation or reveal confidential sources.  For purposes of 
  3.34  this paragraph, "public official" means: 
  3.35     (1) the head of a state agency and deputy and assistant 
  3.36  state agency heads; 
  4.1      (2) members of boards or commissions required by law to be 
  4.2   appointed by the governor or other elective officers; and 
  4.3      (3) executive or administrative heads of departments, 
  4.4   bureaus, divisions, or institutions. 
  4.5      Sec. 4.  Minnesota Statutes 2000, section 13.43, is amended 
  4.6   by adding a subdivision to read: 
  4.7      Subd. 15.  [DISSEMINATION OF DATA TO LAW ENFORCEMENT.] 
  4.8   Private personnel data, or data on employees that are 
  4.9   confidential data under section 13.39, may be disseminated to a 
  4.10  law enforcement agency for the purpose of reporting a crime or 
  4.11  alleged crime committed by an employee, or for the purpose of 
  4.12  assisting law enforcement in the investigation of a crime 
  4.13  committed or allegedly committed by an employee. 
  4.14     Sec. 5.  Minnesota Statutes 2000, section 13.82, 
  4.15  subdivision 17, is amended to read: 
  4.16     Subd. 17.  [PROTECTION OF IDENTITIES.] A law enforcement 
  4.17  agency or a law enforcement dispatching agency working under 
  4.18  direction of a law enforcement agency shall withhold public 
  4.19  access to data on individuals to protect the identity of 
  4.20  individuals in the following circumstances: 
  4.21     (a) when access to the data would reveal the identity of an 
  4.22  undercover law enforcement officer, as provided in section 
  4.23  13.43, subdivision 5; 
  4.24     (b) when access to the data would reveal the identity of a 
  4.25  victim or alleged victim of criminal sexual conduct or of a 
  4.26  violation of section 617.246, subdivision 2; 
  4.27     (c) when access to the data would reveal the identity of a 
  4.28  paid or unpaid informant being used by the agency if the agency 
  4.29  reasonably determines that revealing the identity of the 
  4.30  informant would threaten the personal safety of the informant; 
  4.31     (d) when access to the data would reveal the identity of a 
  4.32  victim of or witness to a crime if the victim or witness 
  4.33  specifically requests not to be identified publicly, unless the 
  4.34  agency reasonably determines that revealing the identity of the 
  4.35  victim or witness would not threaten the personal safety or 
  4.36  property of the individual; 
  5.1      (e) when access to the data would reveal the identity of a 
  5.2   deceased person whose body was unlawfully removed from a 
  5.3   cemetery in which it was interred; 
  5.4      (f) when access to the data would reveal the identity of a 
  5.5   person who placed a call to a 911 system or the identity or 
  5.6   telephone number of a service subscriber whose phone is used to 
  5.7   place a call to the 911 system and:  (1) the agency determines 
  5.8   that revealing the identity may threaten the personal safety or 
  5.9   property of any person; or (2) the object of the call is to 
  5.10  receive help in a mental health emergency.  For the purposes of 
  5.11  this paragraph, a voice recording of a call placed to the 911 
  5.12  system is deemed to reveal the identity of the caller; 
  5.13     (g) when access to the data would reveal the identity of a 
  5.14  juvenile witness and the agency reasonably determines that the 
  5.15  subject matter of the investigation justifies protecting the 
  5.16  identity of the witness; or 
  5.17     (h) when access to the data would reveal the identity of a 
  5.18  mandated reporter under sections section 626.556 and, 626.557, 
  5.19  or 609.456. 
  5.20     Data concerning individuals whose identities are protected 
  5.21  by this subdivision are private data about those individuals.  
  5.22  Law enforcement agencies shall establish procedures to acquire 
  5.23  the data and make the decisions necessary to protect the 
  5.24  identity of individuals described in clauses (c), (d), (f), and 
  5.25  (g). 
  5.26     Sec. 6.  Minnesota Statutes 2000, section 609.456, 
  5.27  subdivision 1, is amended to read: 
  5.28     Subdivision 1.  [STATE AUDITOR.] Whenever a public employee 
  5.29  or public officer of a political subdivision discovers evidence 
  5.30  of theft, embezzlement, or unlawful use of public funds or 
  5.31  property, the employee or elected official officer shall, except 
  5.32  when to do so would knowingly impede or otherwise interfere with 
  5.33  an ongoing criminal investigation, promptly report to law 
  5.34  enforcement and shall promptly report in writing to the state 
  5.35  auditor a detailed description of the alleged incident or 
  5.36  incidents.  Notwithstanding chapter 13 or any other statute 
  6.1   related to the classification of government data, the public 
  6.2   employee or public officer shall provide data or information 
  6.3   related to the alleged incident or incidents to the state 
  6.4   auditor and law enforcement, including data classified as not 
  6.5   public.