December 11, 2002; Ramsey Action Programs
12/11/2002 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 October 23, 2002, IPAD received a letter from G. James Skalicky. In this letter, Mr. Skalicky asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data maintained by the Ramsey Action Programs (RAP.) Mr. Skalicky's request required additional information. In response to Mr. Skalicky's request, IPAD, on behalf of the Commissioner, wrote to Kirk Hayes, Executive Director of RAP. The purposes of this letter, dated November 7, 2002, were to inform him of Mr. Skalicky's request and to ask him to provide information or support for RAP's position. On November 13, 2002, IPAD received a response from Larry Reed, attorney for RAP. A summary of the facts of this matter follows. In a letter to RAP dated September 9, 2002, Mr. Skalicky asked for all public data about all finalists that were interviewed for the position of Energy Auditor at RAP. These candidates where [sic] interviewed for this position during August 2002. In a letter dated September 17, 2002, Mr. Reed responded to Mr. Skalicky: [p]lease be advised that it is my opinion that [Minnesota Statutes, section 13.43] is not applicable to this situation and client. Thus, we will be unable to provide you with the requested information. . . . . All further inquiries on this matter should be directed to the undersigned and not to RAP personnel. In response, Mr. Skalicky wrote to Mr. Reed on September 24, 2002, and asked him to cite the specific provision of law that your determination is based upon . . . . Mr. Reed did not respond. In his comments to the Commissioner, Mr. Reed stated: . . . please be advised that RAP has been operating since 1976 pursuant to the advice of an Attorney General's opinion as it relates specifically to Ramsey Action Programs. Mr. Reed cited the language in Minnesota Statutes, section 13.01, which states that Minnesota Statutes, Chapter 13, applies to all state agencies, political subdivisions and statewide systems. Mr. Reed wrote: It is because of this provision, that Ramsey Action Programs is not covered by the Data Practices Act. By his [sic] terms, Chapter 13 is applicable only to state agencies, political subdivisions and state wide systems. Ramsey Action Programs is neither. Ramsey Action Programs is a nonprofit corporation which acts as a Community Action Agency. It is not a political subdivision or public employer. In 1976, the Attorney General was asked to provide an opinion as to whether or not was [sic] Ramsey Action Programs was a public employer. The opinion was that Ramsey Action Programs was not. Issues:In his request for an opinion, Mr. Skalicky asked the Commissioner to address the following issues:
Discussion:Issue 1Pursuant to Minnesota Statutes, Chapter 13, is Ramsey Action Programs (RAP) a government entity subject to Chapter 13 regulation? The opinion of the Minnesota Attorney General to which Mr. Reed refers was dated August 12, 1976, and addresses the following question: Is the Ramsey Action Program, Inc. a public employer within the meaning of the Public Employment Labor Relations Act [PELRA] so that the conduct of the employer and employees is regulated by the terms of the Act? The Attorney General concluded that RAP is not a public employer within the meaning of PELRA, which addresses labor relations issues. However, the Attorney General's opinion is silent with respect to Chapter 13. Minnesota Statutes, section 13.02, subdivision 11, provides: 'Political subdivision' means any county, statutory or home rule charter city, school district, special district, any town exercising powers under chapter 368 and located in the metropolitan area, as defined in section 473.121, subdivision 2, and any board, commission, district or authority created pursuant to law, local ordinance or charter provision. It includes any nonprofit corporation which is a community action agency organized pursuant to the Economic Opportunity Act of 1964 (Public Law Number 88-452) as amended, to qualify for public funds, or any nonprofit social service agency which performs services under contract to any political subdivision, statewide system or state agency, to the extent that the nonprofit social service agency or nonprofit corporation collects, stores, disseminates, and uses data on individuals because of a contractual relationship with state agencies, political subdivisions or statewide systems. [Emphasis added.] The Legislature specifically included community action agencies such as RAP in the definition of a political subdivision. Accordingly, RAP is subject to the provisions of Chapter 13. Issue 2If RAP is subject to Chapter 13, did it respond appropriately to a request for access to public government data? Mr. Skalicky requested access to public data about finalists for a position at RAP. Pursuant to section 13.43, subdivision 3, the following personnel data on finalists for the RAP position are public: name; veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. RAP inappropriately denied Mr. Skalicky access to the public data he requested. RAP should provide him with access promptly. Opinion:Based on the facts and information provided, my opinion on the issues raised by Mr. Skalicky is as follows:
Signed:
David F. Fisher
Dated: December 11, 2002 |
Personnel data
Community Action Agencies
Applicant data
Finalist for public employment (13.43, subd. 3)
