November 19, 2002; University of Minnesota
11/19/2002 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:On October 23, 2002, the Commissioner received a letter dated October 22, 2002, from Paula Johnston, General Counsel for Minnesota Teamsters Public Law Enforcement Employees' Union, Local No. 320. In her letter, Ms. Johnston asked the Commissioner to issue an advisory opinion regarding the University of Minnesota's response to a data request. IPAD staff requested clarification. In a letter dated October 29, 2002, IPAD wrote to Ms. Johnston confirming that she had withdrawn her request for an advisory opinion. On November 1, 2002, IPAD received a second letter from Ms. Johnston in which she re-submitted her previous opinion request. IPAD, on behalf of the Commissioner, wrote to Tracy Smith, Associate General Counsel for the University, in response to Ms. Johnston's request. The purposes of this letter, dated November 5, 2002, were to inform her of Ms. Johnston's request and to ask her to provide information or support for the University's position. On November 14, 2002, IPAD received a response, dated same, from Susan McKinney, the University's Responsible Authority. A summary of the facts is as follows. In a letter dated August 2, 2001, Ronald Enger, a business agent for the Teamsters, wrote to Shelly Carthen-Watson, Associate General Counsel. He asked for the following data: Individual parking records for all full time parking and transportation employees including: managerial, supervisory, staff, full time senior parking attendants, utility workers, maintenance and operations mechanics from January 1, 1993 to present? In a letter dated August 7, 2001, Ms. Watson responded to Mr. Enger. She wrote, Susan McKinney...is the individual responsible for responding to Data Practices Requests. Accordingly, I have forwarded your request to her for processing. Feel free to contact her...if you have any questions. In a letter dated May 13, 2002, Ms. Johnston wrote to Ms. Watson. Ms. Johnston noted that the Teamsters had not yet received data from the University. She asked Ms. Watson to inquire as to the status of the request. On May 22, 2002, Ms. McKinney wrote to Mr. Enger. She stated, This is in response to your request for information on individual parking and transportation employees. The information you are requesting is private data on employees as per M.S. 13.43 and will not be released. Ms. Johnston then asked the Commissioner to issue an advisory opinion as to whether the requested information is public or private. Issue:In her request for an opinion, Ms. Johnston asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.03, subdivision 1, all government data are public unless otherwise classified. Data about employees are classified at section 13.43. Subdivision 2 lists most of the types of personnel data that are public and subdivision 4 classifies all other personnel data as private. In her comments to the Commissioner, Ms. McKinney wrote: The Minnesota Teamsters Public Law Enforcement Employee's Union requested parking records that would detail what personally identifiable parking and transportation employees paid to park in University lots and garages over a nine-year period. The University denied the request, and instead gave the Teamsters a list of University parking facilities (consisting of garages, ramps and surface lots) and the rates charged for parking in each. While the rates vary depending on the types of parking, the set rate for each type of parking does not vary among employees. The data sought by the Teamsters is private under Minn. Stat. section 13.43. Since the University has the information because the individual is or was an employee , the data is personnel data under Minn.Stat. section13.43, subd. 1. Because it is personnel data, it is public only if it falls within the categories of public data identified by that statute. The list of public data on employees does not include what each employee pays for a University service that they choose to buy. Employees do not have to buy parking contracts, the University does not pay the employees' parking contracts, and the University does not reimburse employees for parking contracts. While the public has a right under Minn. Stat. section 13.43 to know the amount of each employee's employer-paid fringe benefits...the public does not have a right to know the amount that personally identifiable employees paid for University benefits or services. Thus, the particular parking contract bought by an employee is private personnel data and may not be disclosed by the University. The Commissioner agrees with the University's position. The data the Teamsters requested are about employees and therefore are properly classified under section 13.43. Further, because the data are not the types listed as public in subdivision 2 of section 13.43, the data are private. Opinion:Based on the facts and information provided, my opinion on the issue that Ms. Johnston raised is as follows:
Signed: David F. Fisher
Dated: November 19, 2002 |
Personnel data
Fringe benefits
Parking records
