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Advisory Opinion 99-030

September 15, 1999; School District 196 (Rosemount, Apple Valley, Eagan)

9/15/1999 10:14:43 AM

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data classified as not public, are available for public access.

On July 27, 1999, IPA received a letter dated July 26, 1999, from Mark Porter, Director of Legal Services, School District 196 - Rosemount, Apple Valley, and Eagan. In his letter, Mr. Porter asked the Commissioner to issue an opinion regarding the classification of certain data maintained by the District.

A summary of the facts is as follows. In 1998, a parent made a complaint to the District about a teacher. Mr. Porter wrote, The School District conducted a prompt and thorough investigation of this complaint. It was concluded that no disciplinary action toward the teacher was appropriate, and the School District submitted a letter to the teacher containing only directives as to future conduct, with no disciplinary response.

Mr. Porter added that the District has received requests for data concerning the alleged incident. The District's position has been to acknowledge the existence and status of the [1998] complaint but to release neither the specific reasons for the action nor data documenting the basis of the action. The requestor disagreed with this determination, prompting the District to request an advisory opinion.

Issue:

In his request for an opinion, Mr. Porter asked the Commissioner to address the following issue:

Is School District 196 - Rosemount, Apple Valley, and Eagan - required to release, as public data, the specific reasons and underlying data concerning a complaint or charge against a current employee where no disciplinary action was taken?

Discussion:

Data on individuals about current and former government employees are classified pursuant to Minnesota Statutes, section 13.43, which provides a listing of the public types of personnel data and classifies most other personnel data as private. Private data are not public but are accessible to the data subject and those individuals within the government entity whose work assignments reasonably require that they gain access to the data. (See section 13.02, subdivision 12, and Minnesota Rules section 1205.0400.)

Pursuant to subdivision 2 (a) of section 13.43, the following personnel data are public:

(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;

In addition, section 13.43, subdivision 2 (b) provides:

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, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. 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.

Accordingly, the classification of data relating to the final outcome of complaints or charges against a public employee depends upon whether a final disposition of any disciplinary action has occurred. If there has been no final disposition of a disciplinary action, only limited data regarding the incident are public, i.e., whether a complaint or charge exists, and the status of any such complaint or charge. If there has been a final disposition, additional data become public.

In the case of this opinion, the District stated it did not take disciplinary action against its employee. Therefore, the fact that a complaint was made against the employee and the status of that complaint are public; any of the remaining data regarding the incident that are about the teacher are classified as private.

Opinion:

Based on the facts and information provided, my opinion on the issue raised by Mr. Porter is as follows:

School District 196 - Rosemount, Apple Valley, and Eagan - received a complaint about one of its employees. The District stated it did not take disciplinary action against the employee; therefore, it is not required to release, as public data, the specific reasons and underlying data concerning the complaint or charge.

Signed:

David F. Fisher
Commissioner

Dated: September 15, 1999

Personnel data

Disciplinary action not taken, data not public