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Advisory Opinion 97-027

July 2, 1997; School District 347 (Willmar)

7/2/1997 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 May 15, 1997, PIPA received a letter dated May 9, 1997, from Patricia Maloney, an attorney representing School District No. 347, Willmar. In her letter, Ms. Maloney requested that the Commissioner issue an opinion regarding the classification of certain data maintained by the District.

A summary of the facts as presented by Ms. Maloney is as follows. The District received a complaint about an employee relating to the fulfillment of his/her extracurricular duties. An investigation was conducted into that complaint and other allegations of misconduct by that employee. A written investigative report was prepared. Subsequently, the District received additional information relating to the complaints that were the subject of the investigation. Ms. Maloney wrote, A decision has been made that this related information does not warrant reopening the investigation. The employee resigned from the extra-curricular assignment in question and no disciplinary action was taken by the School District.

Ms. Maloney further wrote that the District has received inquiries from members of the public regarding the complaints. She wrote, The School District has confirmed that a complaint had been made against the employee, that the complaint was investigated, that the employee resigned from the duties in question, and that no disciplinary action occurred. She added that members of the public have requested access to the investigation report and related information.

Issue:

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

Must the School District release the contents of an investigation report, or additional information regarding the complaints which were the subject of the investigation which was received subsequent to the completion of the report, when no disciplinary action has been taken against the employee?

Discussion:

Data about current and former employees maintained by government entities such as District No. 347 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.

Several specific provisions in Section 13.43 are applicable to the discussion of this opinion. Subdivision 2 (a) (4) of Section 13.43 provides that the following personnel data are public:

the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;

Subdivision 2 (a) (5) of Section 13.43 provides that the following personnel 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;

In relevant part, 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....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.

In the present situation, the District received a complaint(s) regarding one of its employees. The District investigated the complaint(s) and a report was prepared. Subsequently, additional information relating to the complaint(s) was received but the District decided not to re-open the investigation. The employee resigned and no disciplinary action was taken.

The Commissioner has discussed similar situations in other advisory opinions. In 96-010, the Commissioner wrote:

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.

(See also Advisory Opinions 94-050 and 96-045.)

In the situation at hand, because no disciplinary action was taken, there has been no final disposition of any disciplinary action. Therefore, pursuant to Section 13.43, subdivisions 2 (a) (6), and 2 (b), the data in question are not public.

Opinion:

Based on the facts and information provided, my opinion on the issue raised by Ms. Maloney is as follows:

Because no disciplinary action was taken, pursuant to Minnesota Statutes Section 13.43, subdivisions 2 (a) (6) and 2 (b), the School District is not required to release the contents of an investigative report, or additional information regarding the complaints that were the subject of the investigation.

Signed:

Elaine S. Hansen
Commissioner

Dated: July 2, 1997

Personnel data

Disciplinary action not taken, data not public