Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 550-S.F.No. 1874 
           An act relating to meetings of public bodies; 
          government data practices; defining final disposition 
          of a disciplinary action regarding personnel records; 
          making clear that meetings may not be closed on the 
          basis of data classification statutes; providing an 
          exception to the open meeting law for preliminary 
          discussions concerning allegations of misconduct 
          against government employees or evaluations of 
          government employees; amending Minnesota Statutes 
          1988, sections 13.43, subdivision 2; and 471.705, by 
          adding subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 13.43, 
subdivision 2, is amended to read: 
    Subd. 2.  [PUBLIC DATA.] (a) Except for employees described 
in subdivision 5, the following personnel data on current and 
former employees, volunteers, and independent contractors of a 
state agency, statewide system, or political subdivision and 
members of advisory boards or commissions is public:  name; 
actual gross salary; salary range; contract fees; actual gross 
pension; the value and nature of employer paid fringe benefits; 
the basis for and the amount of any added remuneration, 
including expense reimbursement, in addition to salary; job 
title; job description; education and training background; 
previous work experience; date of first and last employment; the 
existence and status of any complaints or charges against the 
employee, whether or not the complaint or charge resulted in a 
disciplinary action; and the final disposition of any 
disciplinary action together with the specific reasons for the 
action and supporting documentation data documenting the basis 
of the action, excluding data that would identify confidential 
sources who are employees of the public body; the terms of any 
agreement settling administrative or judicial proceedings; work 
location; a work telephone number; badge number; honors and 
awards received; 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; and city 
and county of residence. 
    (b) For purposes of this subdivision, a final disposition 
occurs when the state agency, statewide system, or political 
subdivision makes its final decision about the disciplinary 
action, regardless of the possibility of any later proceedings 
or court proceedings.  In the case of arbitration proceedings 
arising under collective bargaining agreements, a final 
disposition occurs at the conclusion of the arbitration 
proceedings.  Final disposition includes a resignation by an 
individual when the resignation occurs after the final decision 
of the state agency, statewide system, political subdivision, or 
arbitrator. 
    Sec. 2.  Minnesota Statutes 1988, section 471.705, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [TREATMENT OF DATA CLASSIFIED AS NOT PUBLIC.] (a)
Except as provided in this section, meetings may not be closed 
to discuss data that are not public data.  Data that are not 
public data may be discussed at a meeting subject to this 
section without liability or penalty, if the disclosure relates 
to a matter within the scope of the public body's authority, is 
reasonably necessary to conduct the business or agenda item 
before the public body, and is without malice.  During an open 
meeting, a public body shall make reasonable efforts to protect 
from disclosure data that are not public data, including where 
practical acting by means of reference to a letter, number, or 
other designation that does not reveal the identity of the data 
subject.  Data discussed at an open meeting retain the data's 
original classification; however, a record of the meeting, 
regardless of form, shall be public. 
    (b) Any portion of a meeting must be closed if expressly 
required by other law or if the following types of data are 
discussed: 
    (1) data that would identify alleged victims or reporters 
of criminal sexual conduct, domestic abuse, or maltreatment of 
minors or vulnerable adults; 
    (2) active investigative data as defined in section 13.82, 
subdivision 5, or internal affairs data relating to allegations 
of law enforcement personnel misconduct collected or created by 
a state agency, statewide system, or political subdivision; or 
    (3) educational data, health data, medical data, welfare 
data, or mental health data that are not public data under 
section 13.32, 13.38, 13.42, or 13.46, subdivision 2 or 7.  
    (c) A public body shall close a meeting for preliminary 
consideration of allegations or charges against an individual 
subject to its authority.  If the members conclude that 
discipline of any nature may be warranted, further meetings or 
hearings must be open.  A meeting must also be open at the 
request of the individual who is the subject of the meeting.  
    (d) A public body may close a meeting to evaluate the 
performance of an individual who is subject to its authority.  
The public body shall identify the individual to be evaluated 
prior to closing a meeting.  At its next open meeting, the 
public body shall summarize its conclusions regarding the 
evaluation.  A meeting must be open at the request of the 
individual who is the subject of the meeting.  
    (e) Meetings may be closed if the closure is expressly 
authorized by statute or permitted by the attorney-client 
privilege.  
    Sec. 3.  Minnesota Statutes 1988, section 471.705, is 
amended by adding a subdivision to read: 
    Subd. 1e.  [REASONS FOR CLOSING A MEETING.] Before closing 
a meeting, a public body shall state on the record the specific 
grounds permitting the meeting to be closed and describe the 
subject to be discussed. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:25 p.m.