Opinion Library

To return to this list after selecting an opinion, click on the "View entire list" link above the opinion title.

RSS feed

Advisory Opinion 98-047

October 27, 1998; University of Minnesota

10/27/1998 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 PIPA and, except for any data classified as not public, are available for public access.

On September 2, 1998, IPA received a letter dated August 29, 1998, from James Paddock. In his letter, Mr. Paddock requested that the Commissioner issue an opinion regarding his access to data maintained by the University of Minnesota. In a letter dated September 4, 1998, Mr. Paddock clarified his opinion request.

IPA, on behalf of the Commissioner, wrote to Tracy Smith, Associate General Counsel for the University, in response to Mr. Paddock's request. The purposes of this letter, dated September 8, 1998, were to inform her of Mr. Paddock's request and to ask her to provide information or support for the University's position. On September 21, 1998, IPA received comments, dated September 18, 1998, from Ms. Smith.

A summary of the facts is as follows. In a letter dated June 17, 1998, Mr. Paddock requested certain data from the University. Upon receiving no response from the University, he wrote to the Commissioner. Mr. Paddock stated that he had been able to locate some of the information on the internet but that he wished the Commissioner to issue an opinion regarding the following data from his June 17 request:

The job description of Fred Burnes. The University of Minnesota Duluth Fund raiser. The terms of any agreement settling his dispute with UMD. Work location, work telephone number, payroll time sheets (9/1/97 - 7/17/98/). Actual gross salary, all data pertaining to work schedule, appointments, the amount of money raised for UMD for the past nine months.

The new job description for Dale Race, The UMD Bulldog Club Fund raiser. His actual gross salary, a copy of his new employment contract, benefit package. Also include the terms of any settlement settling any dispute arising out of any employment relationship with UMD.

Issue:

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

Pursuant to Minnesota Statutes Chapter 13, has the University of Minnesota responded in a timely manner to a June 17, 1998, for access to data?

Discussion:

Minnesota Statutes Section 13.03 sets forth a government entity's obligations in responding to requests for access to public government data. Regarding the time frame, subdivision 2 of Section 13.03 provides that the entity must respond in an appropriate and prompt manner. Minnesota Rules Section 1205.0300 provides further guidance stating that the entity must respond within a reasonable time. If an entity determines that the requested data are not accessible to the requestor, subdivision 3 of Section 13.03 requires the responsible authority to so inform the requestor either orally at the time of the request, or in writing as soon after that time as possible and to cite the specific statutory section, temporary classification, or specific provision of federal law on which the determination is based. Subdivision 3 further states that the responsible authority must provide the reason for the denial in writing if the data requestor so requests.

In this case, Mr. Paddock requested data in a June 17, 1998, letter. As of the date of his September 4, 1998, opinion request, he had not received a response from the University. In her comments to the Commissioner, Ms. Smith wrote:

The documents requested by Mr. Paddock in June 1998 unfortunately were not on site at the University as they were bound up in a large discovery production in an unrelated lawsuit. The documents were returned to the University within the last couple of weeks, and we regret the delay in providing them to Mr. Paddock.

To the extent that documents exist that are responsive to Mr. Paddock's request, they are being provided directly to him by mail.

Ms. Smith then explained that some of the data Mr. Paddock requested are not public because they are classified otherwise pursuant to Minnesota Statutes Section 13.43, personnel data. She stated, These data are all data pertaining to work schedule, appointments, and the amount of money raised for UMD [by Mr. Burnes] for the past nine months.' (The University does not have any payroll time sheets or other comparable data that are used to account for employee's work time for payroll purposes' for Mr. Burnes. Minn. Stat. 13.43, subd. 2(a)(8) (1996).)

The University took approximately three months to respond to Mr. Paddock's request for access to data. It is the Commissioner's opinion that such a lengthy time is neither prompt nor reasonable. Therefore, the University did not meet its statutory obligation under Section 13.03 in responding to Mr. Paddock's request.

Opinion:

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

Pursuant to Minnesota Statutes Chapter 13, the University of Minnesota did not respond in a timely manner to a June 17, 1998, request for access to data.

Signed:

Elaine S. Hansen
Commissioner

Dated: October 27, 1998

Response to data requests

Untimely, generally