April 3, 1998; School District 276 (Minnetonka)
4/3/1998 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:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of PIPA and, with the exception of any data classified as not public, are available for public access. On February 29, 1998, PIPA received a letter from Gloria Blaine Olsen and Gregory S. Madsen, attorneys representing Independent School District 276 (Minnetonka.) In their letter, Ms. Olsen and Mr. Madsen asked the Commissioner to issue an opinion regarding the classification of certain data maintained by ISD 276. Ms. Olsen and Mr. Madsen enclosed copies of related correspondence. A summary of the detailed facts of this matter follows. Ms. Olsen and Mr. Madsen enclosed two letters issued by the District to a teacher. The first letter states that it constitutes a disciplinary reprimand, formal notice of deficiency and notice of directives. According to Ms. Olsen and Mr. Madsen, the teacher has not filed a grievance, and the time within which to do so has expired. The second letter is a disposition of complaints made against the teacher under the District's Offensive Behavior Policy. According to Ms. Olsen and Mr. Madsen, the teacher has neither challenged the written disposition nor filed a grievance, and the time within which to do so has expired. Issue:In their request for an opinion, Ms. Olsen and Mr. Madsen asked the Commissioner to address the following issue:
Discussion:Data about current and former employees maintained by government entities such as District 276 are classified pursuant to Minnesota Statutes Section 13.43, which provides that certain data about employees are public, and that all other personnel data are private. Section 13.43, subdivision 2 (a) (5), provides that the following data are public: 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. Section 13.43, subdivision 2 (b), provides: For purposes of this subdivision, a final disposition occurs when the state agency, statewide system, or political subdivision 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 state agency, statewide system, political subdivision, or arbitrator. [Emphasis added.] Accordingly, the two letters contain data that may be either private or public, depending upon (1) whether the data provide the specific reasons for, and/or document the basis of, disciplinary action, and (2) whether the disciplinary action is final, within the meaning of Section 13.43, subdivision 2 (b). The first letter to the teacher clearly states that it constitutes a disciplinary reprimand. The teacher did not file a grievance within the time allowed under the collective bargaining agreement. Therefore, the disciplinary action is final, and the specific reasons for the action and data documenting the basis for the action, as stated in the letter, are public. The letter also contains certain directives, which are in essence, future actions the teacher must follow in order to avoid future disciplinary action. Those data are not data that document the basis, the specific reasons, or the final disposition of this disciplinary action. Therefore, the directives in the letter are private data. The second letter appears to be documentation required by the District's Offensive Behavior Policy. The letter informs the teacher of the disposition of the complaints, and states [a]dministrative action appropriate to respond to these conclusions will be taken to conclude the matter. You will be advised of School District action by way of separate correspondence. This letter contains, word-for-word, excerpts of data associated with the disciplinary action in the first letter. As such, the data in the second letter document the basis for the discipline, and are therefore public data. Opinion:Based on the facts and information provided, my opinion on the issue raised by Ms. Olsen and Mr. Madsen is as follows:
Signed:
Elaine S. Hansen
Dated: April 3, 1998 |
Personnel data
Specific reasons and data documenting basis for action
Notice of deficiency
