February 15, 2001; Special School District 1 (Minneapolis)
2/15/2001 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 December 19, 2000, IPA received a letter dated December 18, 2000, from Teresa Graham. In her letter, Ms. Graham asked the Commissioner to issue an advisory opinion regarding her access to certain data that Special School District 1, Minneapolis, maintains. IPA, on behalf of the Commissioner, wrote to Carol Johnson, Superintendent of the District, in response to Ms. Graham's request. The purposes of this letter, dated December 29, 2000, were to inform her of Ms. Graham's request and to ask her to provide information or support for the District's position. On January 10, 2001, IPA received a response, dated January 9, 2001, from Margaret Westin, Assistant District General Counsel. A summary of the facts as Ms. Graham provided them is as follows. She wrote that during the months of September, October, and December she attempted to gain access to public data from the District. Ms. Graham wrote that in September she was seeking public personnel data. She was transferred eight times and was sent from the Superintendent's Office to the Human Resources Department. Human Resources staff referred Ms. Graham to a toll free number that she later learned was for employment verifications. Ms. Graham wrote that in October, she called the District again to obtain the same public data. She again was transferred numerous times and was advised by the Superintendent's Office to contact the Human Resources Department. Ms. Graham wrote that in November she was seeking public test data. She called the District and was transferred five times. She called the Superintendent's Office. She wrote, I received a general answer to only one question that I had about the test data. Ms. Graham wrote that in December she was still trying to obtain public data. She wrote that staff in the Superintendent's Office did not know the identity of the data practices official. Ms. Graham also wrote that she was transferred to the Human Resources Department and again was advised to contact the toll free employment verification number. Finally, Ms. Graham wrote she repeatedly asked where written protocols were kept or posted but got no response. She noted that section 13.03, subdivision 2 (b), requires government entities to make copies of the written public access procedures easily available to the public. Issues:In her request for an opinion, Ms. Graham asked the Commissioner to address the following issues:
Discussion:Issue 1Pursuant to Minnesota Statutes, section 13.03, did Special School District 1, Minneapolis, respond appropriately to a request for access to public data? Pursuant to Minnesota Statutes, section 13.03, subdivision 2, when an individual requests access to public data of which s/he is not the subject, government entities are required to respond in an appropriate and prompt manner. Minnesota Rules, part 1205.0300, provides additional guidance and requires that entities respond within a reasonable time. In her comments to the Commissioner, Ms. Westin wrote: Contrary to Ms. Graham's assertion, the law does not require a school district to appoint the superintendent as its responsible authority. The Minneapolis Public Schools has designated Kay Sack, Assistant Superintendent, District Support Services, as its responsible authority. Ms. Graham did not indicate that she ever made her request to Ms. Sack's office, or even if she asked for the responsible authority during any of her calls. Any request for public data should be made first to the responsible authority. Ms. Westin also wrote that when Ms. Graham spoke with the Director of Labor Relations, he offered to disclose to her, via telephone, the public data she was requesting. Ms. Westin stated that Ms. Graham refused the information. The Commissioner has the following comments. First, without knowing when and to whom Ms. Graham made specific requests for government data, it is impossible for the Commissioner to determine whether the District responded as Chapter 13 requires. Second, Ms. Westin is correct in stating that pursuant to Chapter 13, all requests for data must be made to the responsible authority. However, if Ms. Graham's rendition of the facts is somewhat accurate, and staff knew she was trying to obtain government data, it is not clear why someone did not direct her to Ms. Sack. Ms. Westin stated, MPS will be reemphasizing the requirements of Minn. Stat. section 13.03 with employees who are responsible for directing telephone calls within the District. The Commissioner applauds this measure. If Ms. Graham is still seeking data from the District, she should contact Ms. Sack. Issue 2Pursuant to Minnesota Statutes, section 13.03, did Special School District 1, Minneapolis, respond appropriately to a request for access to the District's public access procedures provided for in section 13.03, subdivision 2(b)? The 1999 Minnesota Legislature enacted section 13.03, subdivision 2(b). It became effective on January 1, 2001, and provides: The responsible authority shall prepare public access procedures in written form and update them no later than August 1 of each year as necessary to reflect any changes in personnel or circumstances that might affect public access to government data. The responsible authority shall make copies of the written public access procedures easily available to the public by distributing free copies of the procedures to the public or by posting a copy of the procedures in a conspicuous place within the government entity that is easily accessible to the public. In her response, Ms. Westin wrote: Again, it is impossible to reconstruct the conversations Ms. Graham had with MPS employees to discern where their communication broke down....Minneapolis Public Schools employees attempted to ascertain the nature of Ms. Graham's request and attempted to provide her with the public information she requested. This is an appropriate response. It is clear that Ms. Graham was not able to communicate effectively her request for access to the District's public access procedures. Minneapolis Public Schools has procedures addressing access to government data. These procedures are available at the responsible authority's office....If Ms. Graham wishes to view access procedures, she should write to the responsible authority and make that request. In response to Ms. Graham's concerns, MPS will be reemphasizing the requirements of Minn. Stat. section 13.03 with employees who are responsible for directing telephone calls within the District. Here, there is a factual dispute that the Commissioner is unable to resolve. Ms. Graham wrote that she repeatedly asked the District how she could gain access to the procedures for obtaining public data. Ms. Graham did not identify when she made these requests or with whom she spoke. Ms. Westin asserts that the District and Ms. Graham had a communication breakdown regarding access to the information. Ms. Westin also wrote that the District's procedures for access to public data are available from the Responsible Authority, Kay Sack. Ms. Graham should contact Ms. Sack and request the data. The District, pursuant to section 13.03, subdivision 3, must respond in a prompt and appropriate manner. Opinion:Based on the facts and information provided, my opinion on the issues that Ms. Graham raised is as follows:
Signed:
David F. Fisher
Dated: February 15, 2001
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Policies and Procedures
Responsible authority
Response to data requests
Public access procedures
