July 11, 2012; Wabasha County
7/11/2012 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2011). It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:On May 24, 2012, the Information Policy Analysis Division (IPAD) received a letter from Michael Plante, attorney for Wabasha County. In his letter, Mr. Plante asked the Commissioner to issue an advisory opinion regarding the classification of certain data the County maintains. A summary of the facts follows. According to Mr. Plante, a donor, who wished to remain anonymous, sent a check to the County for a specific purpose. Subsequently, an individual made a data request for the donor's identity or a copy of the check. Issue:Based on Mr. Plante's opinion request, the Commissioner agreed to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.03, subdivision 1, government data are public unless otherwise classified. Mr. Plante wrote: The County has also reviewed Advisory Opinion 10-018 which, in part, reviews the applicability of Minnesota Statutes [section] 13.792. That Statute classifies, as not public, certain gift data maintained by several specific organizations, i.e., the Minnesota Zoological Garden, the University of Minnesota, the Minnesota State Colleges and Universities, the Twin Cities Regional Parks Foundation, and State Services for the Blind. The statute also specifically states that names of donors and gift ranges are public data. However, it is Wabasha County's belief that is [sic] not one of the entities that was intended to be covered by section 13.792. Additionally, the County recognizes that Minnesota Statutes, section 15.17, requires that government entities create and maintain records that document their official activities. Under section 15.17, these data are records necessary to a full and accurate knowledge of [the entity's] official activities and, as such, should be maintained by the County. With this information in mind it is the County's belief that the data in question is presumptively a public document. However, the County is requesting an opinion as to whether the County is subject to Minnesota Statute 13.792 and whether or not it can accept a donation from a donor that is requesting to remain anonymous.
As Mr. Plante noted, Minnesota Statutes, section 13.792, classifies certain data maintained by several specific entities; Wabasha County is not one of them. Accordingly, the data in question are presumptively public. However, given that some of the data relate to the donor's checking account and bank routing numbers, the County might want to consider whether Minnesota Statutes, section 13.37, subdivision 1(a), applies to those data.
Opinion:Based on the facts and information provided, the Commissioner's opinion on the issue Mr. Plante raised is as follows:
Signed:
Spencer Cronk
Dated: July 11, 2012 |
