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Advisory Opinion 96-010

February 14, 1996; School District 720 (Shakopee)

2/14/1996 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 government entity that requested this opinion is presented in summary form. Copies of the complete submission are on file at the offices of PIPA and, with the exception of any data that are not public, are available for public access.

On January 8, 1996, PIPA received a letter from Gloria B. Olsen, an attorney for Independent School District Number 720, Shakopee, in which she asked the Commissioner to issue this opinion. Ms. Olsen enclosed several documents with her opinion request. (In subsequent correspondence, Ms. Olsen was informed that the Commissioner would be taking additional time, as allowed by statute, to issue this opinion.)

A summary of the detailed facts of the matter follows. B (a pseudonym), a teacher and former assistant coach in the District, resigned B's position as coach in a letter to the District dated November 20, 1995. B released a copy of B's resignation letter (signed by four other assistant coaches, in which they also resigned) to a local newspaper.

The District delivered a disciplinary reprimand to B, in a letter dated December 18, 1995. The District said that B had released private educational and personnel data, by giving a copy of the resignation letter to the newspaper. B was directed not to release any private data in the future, to review and adhere to state and federal law and the District's policies regarding private educational and personnel data, and to share no information or discuss any aspect of this matter with student athletes.

Ms. Olsen enclosed copies of the Letter of Agreement, the employment agreement which governed B's coaching assignment, and the Agreement Between Independent School District No. 720 and Shakopee Education Association, MEA-NEA, i.e., B's teaching contract.

Upon receiving Ms. Olsen's request, the Commissioner, as authorized in Section 13.072, contacted B, in a letter dated January 12, 1996, to invite B to comment. B did not respond.

Issue:

In her request for an opinion, Ms. Olsen asked the Commissioner to address the following issue:

What is the classification of the data in the letter, dated December 18, 1995, sent by the District to B?

Discussion:

There appears to be no question that the data, contained in the letter from the District to B, were created because B was employed as a coach by a government entity, i.e., District 720. Therefore, for purposes of Chapter 13, those data are classified under Section 13.43, Personnel Data. Section 13.43 provides that certain data about current and former public employees are public, and that all other personnel data are private.

Subdivision 2(a), in relevant part, provides that the following personnel data are public:

[T]he existence and status of any complaints or charges against the 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):

[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 afterthe final decision of the state agency, statewide system, political subdivision, or arbitrator. [Emphasis added.]

Therefore, if no final disposition regarding a disciplinary action has occurred, as defined in subdivision 2(b), only those data relating to the existence and status of a complaint or charge are public. Further, there cannot be a final disposition of disciplinary action if no disciplinary action has been taken.

The classification of the data in question depends, therefore, on whether disciplinary action was taken by the District against B, and if so, whether there has been a final disposition of that disciplinary action.

In her letter to the Commissioner, Ms. Olsen characterized the action taken against B, i.e., the letter of reprimand as the discipline of an athletic coach related to [B's] duties as a coach and not [B's] duties as a teacher in the District. (Emphasis added.) B's coaching contract states [t]his assignment is not included as part of your teaching contract with the school district under [Minnesota Statutes Section] 125.12.

Thus, according to both the language in B's coaching contract, and Ms. Olsen's statements, B was employed separately as teacher and coach. B resigned as coach prior to the District issuing the letter of reprimand. Presumably, the District has power to sanction only those individuals under its authority, i.e., current students and employees. Therefore, if B's employment as coach and teacher really were separate, the letter of reprimand from the District to B cannot be disciplinary action because B was no longer employed as a coach at the time the District issued that letter. It is not clear to the Commissioner how the District could discipline B, the teacher, for an action taken by B, the former coach. Therefore, any action taken by the District concerning B's employment as a coach, after B's resignation, cannot be considered disciplinary action.

Further, Section 13.43, subdivision 2(b) provides that a final disposition includes a resignation if it occurs after the government entity makes its final decision regarding disciplinary action. A resignation which occurs before a final decision is not a final disposition of disciplinary action. Therefore, in that situation, any detailed data which document the specific reasons and basis for disciplinary action are not public, because there is no final disposition of the disciplinary action.

However, it is conceivable that a government entity may receive and maintain a complaint or charge made against a former employee. Therefore, if any data in the letter relate to the existence and status of a complaint or charge made against B, as a former employee, those data are public.

Opinion:

Based on the correspondence in this matter, my opinion on the issue raised by Ms. Olsen is as follows:

It does not appear that the District may impose discipline related to B's coaching duties on B, because B resigned as coach before the District took any disciplinary action. If any data, in the letter dated December 18, 1995, sent by the District to B, relate to the existence and status of a complaint or charge made against B, as a former employee, those data are public.

Signed:

Elaine S. Hansen
Commissioner

Dated: February 14, 1996

Personnel data

Final decision regarding disciplinary action

Reprimand

Resignation