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August 30, 2000; Goodhue County
8/30/2000 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 IPA and, except for any data classified as not public, are available for public access. On July 24, 2000, IPA received a letter from Lynda J. Woulfe, Special Projects Coordinator of Goodhue County. In this letter, Ms. Woulfe asked the Commissioner to issue an advisory opinion regarding the classification of certain data maintained by Goodhue County. A summary of the facts of this matter follows. According to Ms. Woulfe, the county has taken final disciplinary action against an employee who is a veteran. The employee did not file a grievance within the time period allowed for non-union County employees, but did request a veteran's preference hearing pursuant to Minnesota Statutes, section 197.46, the Veterans Preference Act. According to Ms. Woulfe, the charge against the employee did not involve a charge of sexual harassment. Issue:In her request for an opinion, Ms. Woulfe asked the Commissioner to address the following issue:
Discussion:Data on public employees are termed personnel data and are classified at Minnesota Statutes, section 13.43. Public personnel data are listed in subdivision 2; all other personnel data are private. Pursuant to section 13.43, subdivision 2 (a)(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, are public data. Pursuant to subdivision 2 (b), a final disposition occurs when the government entity makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. According to Ms. Woulfe, the County has made its final decision regarding disciplinary action against the employee. She stated: . . .the disciplinary action was termed Notice of Intent to Discharge' since the County can't actually terminate a veteran until the veteran waives their right to a hearing or until the veterans preference panel upholds the decision. In Advisory Opinion 96-050, the Commissioner addressed an issue with the same factual basis. In that opinion, the Commissioner opined: The Minnesota Supreme Court case . . . referred to is Annandale Advocate v. City of Annandale, 435 N.W. 2d 24, (Minn. 1989). The Legislature amended Section 13.43 in 1990, following Annandale. That case, in relevant part, dealt with the meaning of the terms final decision and final disposition of disciplinary actions as these terms were used in Chapter 13. In Annandale, the Court found that a final decision of the City was not the final disposition of the disciplinary action, because the employee had exercised his right under the Veterans Preference Act to have a further hearing on the matter. The Court acknowledged that its interpretation would result in delay of months and even years before disciplinary records could be released to the public. (See Annandale at 29.) Subsequently, in 1990, the Legislature amended Section 13.43, subdivision 2, by adding clause (b), which provides the definition of final disposition of disciplinary action, and includes the language regardless of the possibility of any later proceedings or court proceedings. (See Laws of Minnesota, 1990, Chapter 550, Section 1.) Thus, according to the requirements of Section 13.43, subdivision 2, the specific reasons for and data documenting disciplinary action taken against a public employee become public when there has been a final disposition of the disciplinary action, regardless of the possibility of any later proceeding or court proceedings. The City has made its final decision; therefore there has been a final disposition of disciplinary action, and, regardless of any later proceeding, including a hearing under the Veterans Preference Act, the data . . . are public. Opinion:Based on the facts and information provided, my opinion on the issue raised by Ms. Woulfe is as follows:
Signed: David F. Fisher
Dated: August 30, 2000 |
Personnel data
Final decision regarding disciplinary action
Veterans Preference Act
