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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 - 8 of 8
Advisory Opinion 19-007
May 20, 2019; Houston County Agricultural Society
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 member of the public asked whether the Houston County Agricultural Society (“Society”) is subject to both the Data Practices Act and the Open Meeting Law. The Society conceded it is subject to the Open Meeting Law, but disputed that it is a government entity for purposes of the Data Practices Act. The Commissioner opined that the Society is subject to the Data Practices Act, as it is a political subdivision as defined by Minnesota Statutes, section 13.02, subd. 11. The Commissioner noted that it is the governing body of the Society that is subject to the Open Meeting Law.
Category: Open Meeting Law, Response to data requests, Statutory responsibilities government
Keywords: Open Meeting Law, Response to data requests, Statutory responsibilities government, Government data, Entities subject to, Open Meeting Law, Agriculture
Commissioner: Alice Roberts-Davis
Advisory Opinion 15-004
October 1, 2015; Minnesota Film and TV Board
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2015). It is based on the facts and information ...
Description: The Minnesota Film and TV Board asked whether it was subject to Minnesota's Open Meeting Law. The Commissioner opined that the Board is not subject to the law because it is not a State board, pursuant to Minnesota Statutes, section 13D.01, subd. 1(a).
The Board was not created by the Legislature; it is a private corporation. Its members and staff are not appointed by the government and its meetings are governed by the Board’s bylaws.
Category: Open Meeting Law
Keywords: Open Meeting Law, Entities subject to
Commissioner: Matthew Massman
Advisory Opinion 11-012
September 8, 2011; Dakota County Agricultural Society Board
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 Dakota County Agricultural Society Board subject to Minnesota Statutes, Chapter 13D?
Category: Open Meeting Law
Keywords: Open Meeting Law, Entities subject to
Commissioner: Spencer Cronk
Advisory Opinion 08-034
December 3, 2008; Ultra High-Speed Broadband Task Force
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 the Open Meeting Law apply to the Ultra High-Speed Broadband Task Force created by Chapter 212, Laws of Minnesota for 2008?
If the Open Meeting Law applies is the Task Force required to meet in a public building or does the Task Force have the option of conducting its meetings in a private location that is made accessible to the public?
Since the Task Force doesn’t have a primary office like many other public bodies (city councils, school boards, state agencies), how can the Task Force meet the requirements of Minnesota Statutes, section 13D.04, regarding Notice of Meetings and section 13D.01 regarding votes to be kept in a journal? Can a website be used to meet the meeting notice and journal requirements?
The 23 member Task Force has nine members from Greater Minnesota for whom travel to meetings may, at times, be more onerous (winter weather conditions, scheduling conflicts dues to extended travel times). If a quorum of members is present at the meeting place, may videoconferencing be used to allow members who are not present to (1) listen the meeting; (2) provide comments; and/or (3) vote on motions/recommendations being considered at the meeting?
May the Task Force create working groups of less than a quorum of the Task Force to meet outside of the public meetings to discuss distinct issue areas and to bring recommendations and draft language to the full Task Force at a public meeting for consideration and discussion?
Category: Open Meeting Law
Keywords: Open Meeting Law, Entities subject to
Commissioner: Dana B. Badgerow
Advisory Opinion 08-018
July 23, 2008; Drug Formulary Committee
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: Are the members of the Drug Formulary Committee subject to the requirements of the Open Meeting Law, Minnesota Statutes, Chapter 13D?
Are the members of the Drug Formulary Committee in compliance with the Open Meeting Law, Minnesota Statutes, Chapter 13D, when they gather together before each regular meeting behind closed doors?
Are the members of the Drug Formulary Committee in compliance with Minnesota Statutes, section 13D.01, subdivision 6 when they review printed materials at a meeting but do not make those materials available to the public in the meeting room?
Category: Statutory construction (Ch. 645), Open Meeting Law
Keywords: Statutory construction (Ch. 645), Open Meeting Law, Entities subject to, Words and phrases construed (645.08)
Commissioner: Dana B. Badgerow
Advisory Opinion 08-007
May 1, 2008; Rock Tenn Community Advisory Panel
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 Rock Tenn Community Advisory Panel subject to the requirements of the Open Meeting Law, Minnesota Statutes, Chapter 13D?
Category: Open Meeting Law
Keywords: Open Meeting Law, Entities subject to
Commissioner: Dana B. Badgerow
Advisory Opinion 07-025
November 16, 2007; Minneapolis City Council
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 Free Speech Working Group (creation of which was approved at the January 17, 2007, Minneapolis City Council meeting) subject to the requirements of Chapter 13D?
If the answer to Issue 1 is yes, did the Free Speech Working Group comply with the notice requirements of section 13D.04, subdivision 1, regarding its meeting on August 8, 2007?
Category: Open Meeting Law
Keywords: Open Meeting Law, Entities subject to
Commissioner: Dana B. Badgerow
Advisory Opinion 04-001
January 9, 2004; Minnesota FAIR Plan Board
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 Minnesota FAIR Plan Board subject to the requirements of the Open Meeting Law, Minnesota Statutes, Chapter 13D?
Category: Legislative authority and intent, Open Meeting Law
Keywords: Legislative authority and intent, Open Meeting Law, Open Meeting Law, Entities subject to
Commissioner: Brian J. Lamb