HF 604

as introduced - 88th Legislature (2013 - 2014) Posted on 02/14/2013 02:00pm

A bill for an act
relating to data practices; modifying certain provisions related to disclosure of
personnel data; amending Minnesota Statutes 2012, section 13.43, subdivision 2.

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

Section 1.

Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:

Subd. 2.

Public data.

(a) Except for employees described in subdivision 5 and
subject to the limitations described in subdivision 5a, the following personnel data on
current and former employees, volunteers, and independent contractors of a government
entity is public:

(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;

(2) job title and bargaining unit; job description; education and training background;
and previous work experience;

(3) date of first and last employment;

(4) the existence and status of any complaints or charges against the employee,
regardless of whether the complaint or charge resulted in a disciplinary action;

(5) the final disposition of any disciplinary action together with the specific reasons
for the action and data documenting the basis of the action, excluding data that would
identify confidential sources who are employees of the public body;

(6) the complete terms of any agreement settling any dispute arising out of an
employment relationship, including a buyout agreement as defined in section 123B.143,
subdivision 2, paragraph (a); deleted text begin except that the agreement must include specific reasons for
the agreement if it involves the payment of more than $10,000 of public money deleted text end new text begin provided
that if the agreement involves the payment of more than $10,000 of public money, it must:
new text end

new text begin (i) disclose the specific reasons for the agreement; and
new text end

new text begin (ii) describe the nature of the acts, omissions, or other events that gave rise to
potential liability, if the agreement releases the government entity from potential liability new text end ;

(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and

(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave
or other not public data.

(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity,
or arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
or upon the failure of the employee to elect arbitration within the time provided by the
collective bargaining agreement. A disciplinary action does not become public data if an
arbitrator sustains a grievance and reverses all aspects of any disciplinary action.

(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a
government entity in connection with a complaint or charge against an employee.

(e) Notwithstanding paragraph (a), clause (5), deleted text begin and subject to paragraph (f), deleted text end upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes
of this paragraph, "public official" means:

(1) the head of a state agency and deputy and assistant state agency heads;

(2) members of boards or commissions required by law to be appointed by the
governor or other elective officers;

(3) executive or administrative heads of departments, bureaus, divisions, or
institutions within state government; and

(4) the following employees:

(i) the chief administrative officer, or the individual acting in an equivalent position,
in all political subdivisions;

(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;

(iii) in a city with a population of more than 7,500 or a county with a population
of more than 5,000 deleted text begin , individuals in a management capacity reporting directly to the chief
administrative officer or the individual acting in an equivalent position deleted text end new text begin : managers;
heads or directors of departments, divisions, bureaus, or boards; and any employee that
supervises or manages three or more employees new text end ; and

(iv) in a school district deleted text begin , deleted text end new text begin : new text end business managers deleted text begin , deleted text end new text begin ; new text end human resource directors deleted text begin , and deleted text end new text begin ; athletic
directors; chief financial officers; directors, assistant directors, or associate directors
whose duties include at least 50 percent time in administration, personnel, supervision,
evaluation, or curriculum; new text end individuals defined as superintendents deleted text begin , deleted text end new text begin and new text end principals deleted text begin , and
directors deleted text end under Minnesota Rules, part 3512.0100; and in a charter school, individuals
employed in comparable positions.

deleted text begin (f) Data relating to a complaint or charge against an employee identified under
paragraph (e), clause (4), are public only if:
deleted text end

deleted text begin (1) the complaint or charge results in disciplinary action or the employee resigns or
is terminated from employment while the complaint or charge is pending; or
deleted text end

deleted text begin (2) potential legal claims arising out of the conduct that is the subject of the
complaint or charge are released as part of a settlement agreement with another person.
deleted text end

This paragraph deleted text begin and paragraph (e) do deleted text end new text begin does new text end not authorize the release of data that are
made not public under other law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to data related to disputes settled, or investigations completed, on or after that date.
new text end