April 3, 1998; Minnesota Department of Public Safety
4/3/1998 10:15:43 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 January 20, 1998, PIPA received a letter dated January 15, 1998, from Jeffrey Bradt, Director, Human Resource Management Development Division, Minnesota Department of Public Safety. In his letter, Mr. Bradt asked the Commissioner to write an opinion regarding the classification of certain data maintained by the Department. Following telephone conversations with PIPA staff, the issues submitted by Mr. Bradt were combined into one. A summary of the facts surrounding this matter is as follows. DPS disciplined one of its employees. The employee grieved the matter and it went to arbitration. However, a settlement was reached before the conclusion of the arbitration. Mr. Bradt wrote, In the instant case, the employee was disciplined but the discipline was expunged from [his/her] record as a result of the settlement agreement. Issue:In his request for an opinion, Mr. Bradt asked the Commissioner to address the following issue:
Discussion:Minnesota Statutes Section 13.43 provides that certain government data about current and former employees are public, and that all other personnel data are private. Pursuant to Subdivision 2 (a) of Section 13.43, the following data are public: (4) the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action; (5) 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; Subdivision 2 (b), in part, 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. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. (Emphasis added.) The classification of data relating to complaints or charges against an employee is dependent upon whether there has been a final disposition of any disciplinary action imposed upon the employee. If there was no final disposition, only limited data regarding the incident are public: whether a complaint or charge exists; and the status of any such complaint or charge. ( See Section 13.43, subdivision 2 (a) (4).) If there was a final disposition, additional data become public. (See Section 13.43, subdivision 2 (a) (5).) In the situation presented by Mr. Bradt, DPS began the process of disciplining an employee. The matter went to arbitration, but an agreement was reached and the disciplinary action was lifted before the proceedings concluded. Thus, there was no final disposition of a disciplinary action and only the following data are public: the name of the employee; the fact that a complaint or charge was made; and the status of the complaint or charge, i.e., the matter was resolved without disciplinary action. The specific data described by Mr. Bradt, investigative files, expunged disciplinary letters, etc., are not public. The Commissioner notes, however, that terms of any agreement settling the dispute are public, if such terms exist. (See Section 13.43, subdivision 2 (6).) Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. Bradt is as follows:
Signed: Elaine S. Hansen
Dated: April 3, 1998 |
Personnel data
Settlement
Disciplinary action not taken, data not public
Settlement agreements
