February 29, 2000; School District 2758 (Redwood Falls)
2/29/2000 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 January 11, 2000, IPA received a letter from James E. Knutson, an attorney, on behalf of his client, Independent School District 2758, Redwood Falls. In this letter, Mr. Knutson asked the Commissioner to issue an advisory opinion regarding the classification of certain data maintained by the District. A summary of the facts of this matter follows. A Notice of Deficiency was given to a District teacher. In the first paragraph, the Notice stated: This letter shall constitute a Notice of Deficiency, which is made in accordance with Minnesota Statutes Section 125.12, Subdivision 6, setting forth deficiencies which require your immediate attention and correction. Your failure to correct them may be grounds for disciplinary action up to, and including, termination of your continuing contract rights with Independent School District No. 2758. [Emphasis provided.] The last paragraph provided, in relevant part: Your attention is specifically directed to the deficiencies and directives listed above. You must do whatever is necessary to correct them. Failure to do so could result in further disciplinary action including the termination of your employment with the District. [Emphasis added.] According to Mr. Knutson, the Notice was issued pursuant to section 125.12, subdivision 6, which is now codified at section 122A.40, subdivision 9. Mr. Knutson stated that the Notice is not the final disposition of a disciplinary action pursuant to [section 122A.40, subdivision 9]. Issue:In his request for an opinion, Mr. Knutson asked the Commissioner to address the following issue:
Discussion:Data about current and former employees maintained by government entities such as District 2758 are classified pursuant to Minnesota Statutes, section 13.43, which provides that certain data about employees are public, and that all other personnel data are private. Section 13.43, subdivision 2 (a) (5), provides that the following data are public: 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. 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. The final paragraph of the Notice informs the teacher that failure to comply with the deficiencies and directives could result in further disciplinary action including the termination of your employment with the District. (Emphasis added.) Therefore, the Commissioner concludes that the Notice of Deficiency constitutes disciplinary action. Mr. Knutson stated that the Notice of Deficiency is not final disciplinary action within the meaning of section 122A.40, subdivision 9. Mr. Knutson did not comment about whether there has been final disciplinary action pursuant to section 13.43, subdivision 2 (b). However, the classification of the data in question depend upon whether there has been a final disposition of disciplinary action pursuant to section 13.43, as noted above, not section 122A.40. (Section 122A.40, subdivision 9, provides grounds for termination. From the information provided by Mr. Knutson, the Commissioner assumes that the teacher in question is still employed by the District.) The Commissioner was not provided sufficient information to determine whether the disciplinary action is final for purposes of section 13.43. Mr. Knutson did not state if the teacher has/had a right to appeal the disciplinary action, and, if so, if the teacher elected to do so within the time frame allowable. If the Notice contains data that document the reasons for and basis of disciplinary action that is final for purposes of section 13.43, subdivision 2 (b), then those data are public. If an arbitration proceeding is pending, those data are private until the conclusion of the arbitration proceeding. Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. Knutson is as follows:
Signed:
David F. Fisher
Dated: February 29, 2000 |
Personnel data
Notice of deficiency
