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About Search Results
The advisory opinion library currently includes:
- Data practices advisory opinions issued by the Commissioner of Administration from 1993 to the present.
- Open Meeting Law advisory opinions issued by the Commissioner of Administration from 2003 to the present.
The Commissioner's authority is found in Minnesota Statutes, section 13.072. Opinions are nonbinding, but a court may give them deference in a court action. Parties to a court action that act in conformity with an advisory opinion are not liable for certain damages or attorneys fees.
A written, numbered, and published opinion issued by the attorney general shall take precedence over an advisory opinion issued by the Commissioner of Administration.
Results 1 - 7 of 7
Advisory Opinion 19-013
November 27, 2019; Rice County
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2018). It is based on the facts and information ...
Description: a data requester asked if a County had responded appropriately to two requests she made for public data. The Commissioner opined that the County responded appropriately to a request for public comments when it emailed the requester a link to the comments, which the requester had previously said would be acceptable. The County did not respond appropriately to a draft spreadsheet when it did not respond to the request promptly and appropriately, did not provide the data in the format in which it was maintained, and failed to assess a reasonable, actual copy cost; the county quoted five different costs and used two different pay scales to calculate costs.
Category: Response to data requests, Requests for data, Copy costs
Keywords: Response to data requests, Requests for data, Copy costs, Copy costs, Timeliness of response to public - prompt, reasonable time (13.03, subd. 2), (1205.0300), To responsible authority or designated person, required, Actual cost - public, Costs, Data access policy, Data does not exist, Data do not exist, Data request policy, Data requests, Designee, Government data
Commissioner: Alice Roberts-Davis
Advisory Opinion 07-002
January 12 2007; City of Silver Bay
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Did the City of Silver Bay comply with Minnesota Statutes, Chapter 13, when it charged $86.91 to retrieve and copy 109 pages of government data?
Category: Copy costs
Keywords: Copy costs, 25 cents per page, Actual cost - public
Commissioner: Dana B. Badgerow
Advisory Opinion 04-041
June 28, 2004; Stearns County Auditor-Treasurer
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Is the Stearns County Auditor-Treasurer's Office in compliance with Minnesota Statutes, Chapter 13, with respect to its charge of $1.00 per page for a one-page property tax statement?
Category: Copy costs, Copy costs
Keywords: Copy costs, Copy costs, Actual cost - public, Flat or standard fee
Commissioner: Brian J. Lamb
Advisory Opinion 04-040
June 28, 2004; Stearns County Recorder
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Is the Stearns County Recorder's Office in compliance with Minnesota Statutes, Chapter 13, with respect to its charge of $1.00 per page for an eight page document?
Category: Copy costs, Copy costs
Keywords: Copy costs, Copy costs, Actual cost - public, Flat or standard fee
Commissioner: Brian J. Lamb
Advisory Opinion 97-012
March 19, 1997; City of St. Bonifacius & Minnetrista Public Safety Department ("SBMPSD")
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Pursuant to Chapter 13, may the St. Bonifacius & Minnetrista Public Safety Department charge a set fee of $25 in addition to the cost of copies of the photographs?
Pursuant to Chapter 13, is it appropriate for St. Bonifacius and Minnetrista Public Safety Department to require a consent to release authorization as described by Mr. Curtiss?
NOTE: In the January 22, 1997, letter sent to Chief Anderson, PIPA mistakenly included an issue that the Commissioner did not intend to address in this opinion. Mr. Everett did not address that issue in his response.
Category: Copy costs, Law enforcement data
Keywords: Copy costs, Law enforcement data, Actual cost - public, Flat or standard fee, Photographs, Photographs/videotapes (See also: Law enforcement - Booking photos), Photographs
Commissioner: Elaine S. Hansen
Advisory Opinion 95-044
November 1, 1995; Scott County
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Does a copy charge of $10.00 per photograph represent the "actual" cost to Scott County, pursuant to Minnesota Statutes Section 13.03, for copying government data?
Category: Copy costs
Keywords: Copy costs, Actual cost - public, Photographs, Photographs
Commissioner: Elaine S. Hansen
Advisory Opinion 95-043
October 31, 1995; Minnesota Office of Administrative Hearings
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data ...
Description: Does a copy charge of $1.00 per page represent the "actual" cost, pursuant to Minnesota Statutes Chapter 13, for copying government data?
Category: Copy costs
Keywords: Copy costs, Office of administrative hearings OAH, Actual cost - public
Commissioner: Elaine S. Hansen