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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 29
Advisory Opinion 19-009
May 30, 2019; Office of Higher Education
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: The Office of Higher Education (OHE) asked about the classification of certain program review data it maintained on a private/out-of-state university. The Commissioner opined that while the OHE is conducting the review the data may be classified as not public civil investigative data under Minnesota Statutes, section 13.39. When the review concludes, the data revert to the not public classification they had prior to the investigation or are public. The Commissioner also reiterated that data may be protected as trade secret information under Minnesota Statutes, section 13.37, if the entity determines the data meet the definition in that section. Additionally, Minnesota Statutes, section 136A.64, classifies accreditation reports, records, and information in the program review as not public. Finally, the Commissioner noted that Minnesota Statutes, section 13.03, subdivision 9, classifies data at the time of the request, regardless of any prior or subsequent classification.
Category: Educational data, Trade secret, Civil investigative data
Keywords: Educational data, Trade secret, Civil investigative data, Civil investigative data (13.39), Educational data, Education data, Trade secrets, Trade secrets (13.37), Classification at time of request, controls access (13.03, subd. 9), Classification of data
Commissioner: Alice Roberts-Davis
Advisory Opinion 15-007
December 22, 2015, Washington County
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: a county asked whether it could classify certain appraisal data as confidential or protected nonpublic under Minnesota Statutes, section 13.39. A county prepared a second appraisal for a condemnation/eminent domain action. The Commissioner opined that because the proceeding was the type of civil legal action contemplated by section 13.39, and the chief attorney had determined that the action was pending, the County could temporarily classify the appraisal as not public while the civil legal action was pending.
Category: Civil investigative data
Keywords: Civil investigative data, Appraisals (13.44), Civil investigative data (13.39)
Commissioner: Matthew Massman
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 06-019
June 9, 2006; Minnesota Department of Labor and Industry
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 Minnesota Department of Labor and Industry comply with Minnesota Statutes, Chapter 13, regarding a December 13, 2005, request for access to data?
Category: Civil investigative data
Keywords: Civil investigative data, Labor and Industry Department, Taxation data
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 04-006
February 27, 2004; Minnesota Board of Pharmacy
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 Minnesota Board of Pharmacy respond appropriately to a December 22, 2003, request for access to the following data: "the name of each entity that was the subject of a complaint in the year 2003 along with the number of complaints filed against them?"
Category: Civil investigative data, Licensing data, Requests for data
Keywords: Civil investigative data, Licensing data, Requests for data, Chief attorney has substantial discretion to determine, Only regulates data on individuals, Data request vs. question/inquiry
Commissioner: Brian J. Lamb
Advisory Opinion 03-004
January 29, 2003; Minnesota Board of Accountancy
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, what is the classification of the following data that the Minnesota Board of Accountancy maintains: data about an accounting firm relating to a complaint that the Board dismissed?
Category: Civil investigative data, Licensing data
Keywords: Civil investigative data, Licensing data, Chief attorney has substantial discretion to determine, Only regulates data on individuals, Licensing data (13.41)
Commissioner: Brian J. Lamb
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 01-038
April 16, 2001; School District 2169 (Murray County Central)
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 Murray County Central Schools respond appropriately to an April 12, 2000, request for access to data?
Category: Civil investigative data, Personnel data
Keywords: Civil investigative data, Personnel data, Chief attorney has substantial discretion to determine, Civil investigative data (13.39), Teacher Tenure law (122A.40), Data subject rights of access procedures (13.05, subd. 8)/(13.025, subd. 3)
Commissioner: David F. Fisher
Advisory Opinion 01-022
February 7, 2001; City of Maplewood
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, what is the classification of the following data that the City of Maplewood maintains: data in a letter regarding a former city employee?
Category: Civil investigative data, Personnel data
Keywords: Civil investigative data, Personnel data, Notice of claim, Civil investigative data (13.39), Settlement agreements
Commissioner: David F. Fisher