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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 - 10 of 18
Advisory Opinion 22-007
November 23, 2022; Hennepin County
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information ...
Description: A member of the public asked whether a county attorney’s office responded appropriately to a request for data, including correspondence and non-work product materials. The county indicated that any responsive data were governed by Minnesota Statutes, section 13.393, and thus were exempt from the Minnesota Government Data Practices Act. The Commissioner opined that if the county attorney’s office maintained responsive government data that were not maintained by attorneys acting in their professional capacity for the entity and governed by provisions specific to attorney work pursuant to section 13.393, then it did not respond appropriately to the member of the public’s data request.
Category: Attorney data, Response to data requests
Keywords: Attorney data, Response to data requests, Attorney data
Commissioner: Alice Roberts-Davis
Advisory Opinion 12-017
November 5, 2012; Dakota County Attorney's Office
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A reporter asked a county attorney
for access to data about a crime lab. The attorney
stated to the Commissioner that the requested data
are used, collected, stored and disseminated
exclusively in connection with his professional
activities as a prosecuting attorney, and that the
crime lab data relate to on-going as well as previous
criminal prosecutions. As such, pursuant to
Minnesota Statutes, section 13.393, those data are
exempt from disclosure.
The Commissioner did not review the data in
question and cannot determine whether the county
attorney maintains any other data regarding the
crime lab that are not exempt from disclosure under
section 13.393. For example, if the county attorney
maintains data related to any agreements his office
has entered into with the lab, those data likely are
not protected by section 13.393
Category: Attorney data
Keywords: Attorney data, Attorney data, Work product
Commissioner: Spencer Cronk
Advisory Opinion 06-024
August 17, 2006; Metropolitan Airports Commission
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 Metropolitan Airports Commission comply with Minnesota Statutes, Chapter 13, regarding several requests, beginning April 19, 2002, for access to certain invoices for legal fees?
Category: Attorney data, Civil investigative data
Keywords: Attorney data, Civil investigative data, Work product, Chief attorney has substantial discretion to determine
Commissioner: Dana B. Badgerow
Advisory Opinion 05-041
December 28, 2005; City of Hopkins
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 Hopkins comply with Minnesota Statutes, Chapter 13, in responding to a data request for the 2004 study of the "Van Buren area drainage system?"
Category: Attorney data, Civil investigative data
Keywords: Attorney data, Civil investigative data, Work product, Statute of limitations expiration
Commissioner: Dana B. Badgerow
Advisory Opinion 05-009
February 9, 2005; City of St. Mary's Point
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 St. Mary's Point comply with Minnesota Statutes, Chapter 13, in denying access to a copy of a memo issued by the City Attorney regarding ineligible candidates for the November 2004 election?
Category: Attorney data
Keywords: Attorney data, Attorney-client privilege (595.02), Billing statements, Work product
Commissioner: Dana B. Badgerow
Advisory Opinion 03-003
January 27, 2003; Metropolitan Airports Commission
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 Minnesota Statutes, Chapter 13, did the Metropolitan Airports Commission respond appropriately to an October 1, 2002, request to inspect items 2 through 5?
Category: Attorney data
Keywords: Attorney data, Work product
Commissioner: Brian J. Lamb
Advisory Opinion 02-039
October 30, 2002; Ramsey County Attorney's Office
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 Minnesota Statutes, Chapter 13, did the Ramsey County Attorney's Office appropriately deny a request for access to the name of an individual who was reported by the County to have paid $167,000 in back child-support?
Category: Attorney data, Requests for data, Welfare data
Keywords: Attorney data, Requests for data, Welfare data, Responsible authority duties, Data request vs. question/inquiry, Child support, Investigative data, Welfare system
Commissioner: David F. Fisher
Advisory Opinion 01-041
May 1, 2001; School District 281 (Robbinsdale)
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 Minnesota Statutes, Chapter 13, did Independent School District 281, Robbinsdale, respond appropriately to a data subject's request for access to data?
Category: Attorney data, Civil investigative data, Data subjects, Educational data
Keywords: Attorney data, Civil investigative data, Data subjects, Educational data, Attorney data, Civil investigative data (13.39), Civil investigative data (13.39), FERPA (Federal Education Rights and Privacy Act), Harassment claims, investigations, Education data
Commissioner: David F. Fisher
Advisory Opinion 00-074
December 22, 2000; Minnesota Department of Human Services
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: Whether the Minnesota Department of Human Services (DHS) responded appropriately to X's request to have access to all data maintained about him/her when the Department provided copies of audio tapes that are difficult to understand?
Whether DHS responded appropriately to X's request to have access to all data maintained about him/her when the Department has not provided access to data to reflect a history of more than 10 years of interactions, including professional contacts and applications for employment, by the data subject with the Department?
Whether DHS appropriately withheld data from the data subject, pursuant to Minn. Stat. §§ 13.30; 13.37, subds. 1 and 2; and 13.43, subd. 8?
Category: Attorney data, Educational data, Personnel data, Security information
Keywords: Attorney data, Educational data, Personnel data, Security information, Attorney data, Explanation of data, Harassment data (13.43, subd. 8), Entity's discretion to withhold
Commissioner: David F. Fisher
Advisory Opinion 00-062
December 1, 2000; Minnesota Department of Employee Relations
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 Minnesota Statutes, Chapter 13, has the Minnesota Department of Employee Relations (DOER) responded appropriately to a data subject's July 13, 2000, request to have access to all data about him/herself if DOER does not include in its response any e-mails either sent by or received by DOER personnel?
Category: Response to data requests, Attorney data
Keywords: Response to data requests, Attorney data, Attorney-client privilege (595.02)
Commissioner: David F. Fisher