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    Advisory Opinion 01-083

    October 8, 2001; Clay County Sheriff

    10/8/2001 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.

    Note: In 2021, the legislature amended section 13.43, subdivision 2 to add clause (e)(4) and paragraph (f) about local public officials.

    Facts and Procedural History:

    For purposes of simplification, the information presented by the government entity that requested this opinion are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data that are not public, are available for public access.

    On August 23, 2001, IPA received a letter dated same from Ann Goering, an attorney representing the Clay County Sheriff's Office. In her letter, Ms. Goering asked the Commissioner to issue an opinion regarding the classification of certain data that the Sheriff's Office maintains. In a letter dated August 31, 2001, IPA invited Michael Rengel, an attorney representing Clay County, to submit comments. In a letter dated September 7, 2001, Mr. Rengel stated that he had no additional questions. He did not submit comments to the issues that Ms. Goering raised.

    A summary of the facts is as follows. Ms. Goering wrote, A question has been raised regarding the public's right to access the nature of a complaint against the Sheriff that did not result in a disciplinary action. She also wrote, There continues to be a question as to the applicability of Minn. Stat. section 13.43 Subd 2(e) as to whether elected county department heads are public officials.

    Issues:

    In his request for an opinion, Ms. Goering asked the Commissioner to address the following issues:

    1. Pursuant to Minnesota Statutes, Chapter 13, is the Clay County Sheriff a public official for purposes of classifying data under section 13.43, subdivision 2(e)?
    2. For purposes of classifying data, does section 13.43, subdivision 2(e)(3), apply only to state government entities, or also to local government entities?

    Discussion:

    Issue 1

    Pursuant to Minnesota Statutes, Chapter 13, is the Clay County Sheriff a public official for purposes of classifying data under section 13.43, subdivision 2(e)?

    Section 13.43, subdivision 2(e)(3), states:

    Notwithstanding paragraph (a), clause (5), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. For purposes of this paragraph, public official means:

    (1)the head of a state agency and deputy and assistant state agency heads;
    (2) members of boards or commissions required by law to be appointed by the governor or other elective officers; and
    (3) executive or administrative heads of departments, bureaus, divisions, or institutions.

    The Legislature originally enacted part of this section in 1995. At that time, the definition of public official was the head of a state agency and deputy and assistant agency heads. (See Minnesota Laws 1995, Chapter 259, Article 1, Section 7).

    In 1996, the Legislature amended the provision by adding the language in clauses (2) and (3). (See Minnesota Laws 1996, Chapter 440, Article 1, Section 10.)

    IPA staff attended and testified at the Legislative hearings in 1995 and 1996 during which discussions about section 13.43, subdivision 2(e) occurred. There is no question that this provision applies only to state agencies, which are defined at section 13.02, subdivision 17, as the state, the University of Minnesota, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the state. The Legislature considered including local levels of government but did not do so.

    Therefore, for purposes of classifying data under section 13.43, subdivision 2(e), the Clay County Sheriff is not a public official.

    Issue 2

    For purposes of classifying data, does section 13.43, subdivision 2(e)(3), apply only to state government entities, or also to local government entities?

    As discussed regarding Issue 1, section 13.43, subdivision 2(e)(3), applies only to state agencies as that term is defined in section 13.02, subdivision 17. It does not apply to local government entities.

    Opinion:

    Based on the facts and information provided, my opinion on the issues that Ms. Goering raised is as follows:

    1. Pursuant to Minnesota Statutes, Chapter 13, the Clay County Sheriff is not a public official for purposes of classifying data under section 13.43, subdivision 2(e).
    2. For purposes of classifying data, section 13.43, subdivision 2(e)(3), applies only to state government entities. It does not apply to local government entities.
     

    Signed:

    David F. Fisher
    Commissioner

    Dated: October 8, 2001

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