Discussion:

Commissioner Davis cited two provisions of State law, Sections 299F.04 and 299F.28, that he believes are applicable to the classification of the data in the MFIRS Reports.

Section 299F.04, subdivision 3, provides the requirement, noted above, that fire departments file reports with the State Fire Marshal. According to the language of this Section, which was enacted in 1913, statistics from the records shall be at all times open to public inspection.

Minnesota Statutes Section 299F.28 provides: [all] records on file in the state fire marshal's office shall be public, except any testimony, correspondence, or other matter taken in an investigation under the provisions of this chapter, which the state fire marshal may withhold from the public.

It is important to note that the applicable language of both of these statutory provisions was enacted in 1913, thus predating the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, by nearly seventy years. (None of the amendments to Chapter 299F since 1913 relates to data classification.) There was also no general law in effect in 1913 that provided for public access to government records. Therefore, the language in those Sections relating to the classification of records must be interpreted in light of their vintage, and in light of the provisions of the later-enactment of the provisions of Minnesota Statutes Chapter 13.

Pursuant to the Laws of Minnesota 1913, Chapter 564, the Department of the State Fire Marshal was established. In the 1913 law, the State Fire Marshal was granted extensive investigative power, including the power to take testimony. One interpretation of the provisions of Section 299F.28, i.e., the reference to data collected in an investigation under the provisions of this chapter could be read to apply only to investigations conducted by the State Fire Marshal.Pursuant to Section 299F.28, when the State Fire Marshal conducts an investigation, all records generated are public, except any testimony, correspondence, or other matter taken in [the] investigation, which the State Fire Marshal may withhold from the public.

However, another interpretation would also apply the Section 299F.28 provisions to any data collected in an investigation by local law enforcement agencies, including fire departments. (See Section 299F.04.) The application of Section 299F.28 to data collected in investigations conducted by local fire departments would mean that those data reported to the State Fire Marshal, i.e., any testimony, correspondence, or other matter taken in [the] investigation, could be withheld from the public pursuant to Section 299F.28.

A review of the MFIRS Report forms 1-4 establishes that some of the data reported to the State Fire Marshal by local fire departments are classified as public at the local level. (See Section 13.82, subdivision 2-5.)

Under the canons of statutory interpretation, if it appears that provisions of two laws conflict, the two shall be construed, if possible, so that effect may be given to both. Therefore, it would seem to be logical to conclude that data, when submitted to the State Fire Marshal, ought to retain the same classification they have in the local fire departments. The Legislature has also provided for changes in the classification of data as data are disseminated between government entities. Section 13.03, subdivision 4 (d), provides, [i]f a state agency, statewide system, or political subdivision disseminates data to another state agency, statewide system, or political subdivision, aclassification provided for by law in the hands of the entity receiving the data does not affect the classification of the data in the hands of the entity that disseminates the data. (Emphasis added.)

Given the language of the 1913 enactment, an interpretation that harmonizes and gives effect to the provisions of both Sections 299F.28, and 13.82, subdivisions 2-5, is to treat certain of the data in the Reports as public at the local level, as required by Section 13.82, and for the local fire departments and the State Fire Marshal to treat as not public the data described in Section 299F.28 as not public. (It is important to note that Section 299F.28 provides some discretion, i.e., the State Fire Marshal may withhold those data from the public.) This interpretation gives effect to the requirements of Chapter 13 and at the same time preserves the legislative treatment of State Fire Marshal data as not public under Section 299F.28.

Also, pursuant to Section 299F.04, statistics generated from the MFIRS Reports are always public. According to Commissioner Davis, DPS routinely makes statistics generated from the reports available to the public, and generates special statistical reports upon request. The summary data provisions of Chapter 13 are also applicable to data maintained by the State Fire Marshal. (See Section 13.05, subdivision 7.)

Opinion: