Discussion:

Issue 1

Pursuant to Minnesota Statutes, Chapter 13, is an oral reprimand disciplinary action for purposes of Minnesota Statutes, section 13.43, subdivision 2(a)(5)? If so, what is the classification of the written documentation of said reprimand?

Data on public employees are termed personnel data and are classified at Minnesota Statutes, section 13.43. Public personnel data are listed in subdivision 2; pursuant to subdivision 4, all other personnel data are private.

Pursuant to section 13.43, subdivision 2(a), clauses (4) and (5), the following personnel data are public: the existence and status of any complaints or charges against an employee, regardless of whether the complaint or charge resulted in a disciplinary action; and the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body.

Pursuant to section 13.43, subdivision 2(b):

For purposes of this subdivision, a final disposition occurs when the [government entity] makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the [government entity] or arbitrator.

The data at issue here are data that document an oral reprimand. According to the County's personnel policy regarding discipline, Section 20, clause A, provides: [d]iscipline will be in the form of one or more of the following: oral reprimand, written reprimand, suspension, demotion or discharge. Discipline will not necessarily follow any specific order. Under clause C of Section 20, [a]ctions taken per this section shall be subject to the provisions of Section 21, Grievances.

Therefore, under the County's policy, an oral reprimand is a form of discipline. Accordingly, any data contained in the written documentation of an oral reprimand that constitute the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action are public when the discipline becomes final. According to Ms. Borgen, at the time she requested this opinion the disciplinary action was not yet final for purposes of section 13.43, subdivision 2(a)(5). Until the discipline is final, the only data that are public are the fact that there is a complaint or charge against the employee, and the status of the complaint or charge. Details of the nature and type of complaint or charge are not public until the discipline is final.

Issue 2

What is the classification of the following data related to disciplinary action taken against Clay County employees:

A. Letters of reprimand.
B. Letters notifying employees of suspension.
C. Internal investigation notes related to computer usage.
D. Independent investigator reports related to investigation and interviews of employees subject to discipline.
E. Notes solely in the possession of the independent investigator.
F. Notes solely in the possession of an internal investigator.

The analysis here is the same as that for Issue 1. Regardless where the data reside, or in what form, any data contained in the letters, investigation notes and/or reports described above that constitute the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, are public if and when the discipline becomes final.

Opinion:

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

Signed:

David F. Fisher
Commissioner

Dated: December 26, 2002