Discussion:

Issue 1

Pursuant to Minnesota Statutes, Chapter 13, how are the government data contained in the following documents classified: (1) Superintendent Goals for 2001-2002 School Year and (2) a letter from the School Board to the Superintendent?

Section 13.43, subdivisions 2 and 4, provide that certain data about public employees are public, and that all other personnel data are private.

Mr. Knutson stated that the Goals are not data on an individual, but rather merely represent duties that the Superintendent must perform and goals that he/she must achieve. According to Mr. Knutson, the Goals are not personnel data. The Commissioner respectfully disagrees.

If there were no Superintendent in place in District 482, then the Goals document would not be associated with a specific individual, and would not constitute data on individuals, as Mr. Knutson asserted. However, there is a Superintendent in place, and the Goals are specific to his job for the coming School Year. Furthermore, the Goals include references to making certain improvements, which clearly relate to the current Superintendent.

Public personnel data are enumerated at section 13.43, subdivision 2(a). Data like those related to the Superintendent that are contained in the Goals document are not included in that list, and are, therefore, private personnel data.

When a government entity takes disciplinary action against an employee, certain data become public when the disciplinary action is final for purposes of section 13.43, subdivision 2(b).

The classification of the letter depends, therefore, on whether the letter constitutes disciplinary action and, if so, whether a final disposition occurred regarding the disciplinary action. Because Chapter 13 does not specifically define the term disciplinary action it is appropriate to seek further guidance. The American Heritage Dictionary, Second College Edition, Houghton Mifflin Company, 1985, in relevant part defines discipline as, to punish or penalize. Action, also in relevant part, is defined as, an act or thing done. Thus, a reasonable interpretation of disciplinary action is an act that either punishes or penalizes.

The letter to the Superintendent refers to the Goals and states that if all of the Goals are not met, he is subject to negative consequences. Mr. Knutson stated that the letter constituted final disciplinary action. The Commissioner respectfully disagrees.

It appears the purpose of this document is to serve as a threat of punishment or penalty to the employee; not to set forth discipline. There is no mention of punishment; instead the document describes what could happen if the Superintendent does not meet all of the Goals. Therefore, because it appears no disciplinary action was taken, the letter does not constitute final disciplinary action, and is private personnel data, under section 13.43, subdivision 4.

Issue 2

If the letter is private personnel data, would the classification of the Superintendent Goals document change if it were made an attachment to the letter?

Pursuant to the discussion above, both the letter and the Goals document are private personnel data.

Mr. Knutson raised a question of the effect of the Open Meeting Law on these issues. To the extent that the Goals and letter were discussed at a meeting of the School Board, as necessary to carry out an agenda item properly before the board, a record of the discussion that appeared in the minutes of the meeting would be public data. However, the original documents retain their classification as private personnel data. (See section 13D.05, subdivision 1, (b) and (c).)

Opinion:

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