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May 7, 2003; City of Minneapolis
5/7/2003 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:On April 15, 2003, IPAD received a letter dated April 11, 2003, from Jay Heffern, Minneapolis City Attorney. In his letter, Mr. Heffern asked the Commissioner to issue an advisory opinion regarding the classification of certain data the City maintains. IPAD staff requested and received clarification from Carol Lansing, Assistant City Attorney. A summary of the facts is as follows. In his letter, Mr. Heffern wrote: The Minneapolis City Council has adopted, by ordinance, a new Ethics Code. As part of this Code, the City established the position of Ethics Officer whose responsibilities include receiving complaints about alleged violations of the ethics ordinance by City officials and employees and giving advisory opinions to officials and employees as to the application of the ethics ordinance. The Ethics Code also creates an independent Ethical Practices Board to review ethics complaints against certain defined elected officials and public officials of the City of Minneapolis and its affiliated boards and agencies. A question has arisen whether ethics complaints about City Council members that may be filed with the Ethics Officer or the Ethical Practices Board would be treated as personnel data under Minnesota Statutes, section 13.43. Specifically, the City Council would like to know whether Council members would be entitled to the protections of Minnesota Statutes section 13.43, subd. 2(a)(4)(5) or whether data about complaints about City Council members filed with the Ethical Practices Board would be public information at all times? Issue:In his request for an opinion, Mr. Heffern asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.03, subdivision 1, government data are public unless otherwise classified by state or federal law. Personnel data are classified pursuant to section 13.43. Personnel data are data on individuals collected because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a state agency, statewide system or political subdivision or is a member of or an applicant for an advisory board or commission. Subdivision 2 of section 13.43 classifies specific types of personnel data as public and subdivision 4 classifies most remaining personnel data as private. Chapter 13 does not contain a specific classification for data about elected officials. However, in previously-issued advisory opinions, the Commissioner consistently has opined that the classification of data about elected officials depends upon whether the entity considers the elected official to be an employee. If so, the data are classified pursuant to section 13.43. If not, the data are presumed public pursuant to the general presumption in section 13.03, subdivision 1. Here, the City apparently has not taken a position regarding whether its City Council members are employees for purposes of Chapter 13. Mr. Heffern wrote that the Council is a full-time elected body, and that members receive a salary and benefits. He also stated an argument could be made that Council Members are not employees. It is the Commissioner's opinion that the City is in the best position to make this determination. If the City considers the Council Members to be employees for purposes of Chapter 13, data about them are classified pursuant to section 13.43. If the City does not consider the Council Members to be employees for purposes of Chapter 13, data about them are presumed public pursuant to section 13.03, subdivision 1. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Heffern raised is as follows:
Signed:
Brian J. Lamb
Dated: May 7, 2003 |
Elected and appointed officials
Status as employees (13.601, 13.43)
