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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 10
Advisory Opinion 25-003
June 9, 2025; Independent School District No. 93, Carlton
This is an opinion of the Commissioner of Administration issued under Minnesota Statutes, section 13.072 (2024). It is based on the facts and information available ...
Description: A school district asked about the classification of personnel data about a public official who resigned after a personnel investigation was completed but prior to the school board taking any official action based on the results of the investigation. The district also asked whether data contained in a resignation letter were classified as private. The Commissioner noted that section 13.43, subdivision 2(f) states that all data related to a complaint or charge against a local public official become public when the employee resigns while the complaint or charge is pending. In this situation, the public official resigned after an investigation was completed, but the school board had not yet decided whether it would discipline the employee or formally close the complaint. Therefore, the complaint was still pending at the time of the public official's resignation, and data related to the complaint became public. Additionally, the Commissioner opined that data within an employee's resignation letter are classified as private data under section 13.43, subdivision 4.
Category: Personnel data
Keywords: Personnel data, Resignation, Complaint or charge
Commissioner: Tamar Gronvall
Advisory Opinion 19-008
May 22, 2019; Tower City Council
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 City Council held closed meetings to discuss allegations against a staff member after it decided to hire an investigator. Minnesota Statutes, section 13D.05, subd. 2(b), requires a public body to close a meeting(s) to consider allegations against an employee subject to its authority until it determines that discipline may be warranted. Once it makes that determination, subsequent meetings and hearings for additional consideration of the allegations must be open. The Commissioner concluded that the Council members did not comply with the Open Meeting Law.
Category: Open Meeting Law, Personnel data
Keywords: Open Meeting Law, Personnel data, Closed meetings, Open meeting, Open Meeting Law, Personnel data, Complaint or charge
Commissioner: Alice Roberts-Davis
Advisory Opinion 18-008
June 21, 2018; Chisago County
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information ...
Description: A county asked about the classification of an investigative report about an elected county sheriff. The Commissioner agreed with the County that the sheriff was a public official employee and that “retirement” is a form of “resignation.” As such, all data about the complaint became public when the sheriff retired while the complaint was pending, per Minn. Stat. § 13.43, subdivision 2(f) and (e) (excepting not public data about other individuals).
Category: Personnel data
Keywords: Personnel data, Elected officials, Complaint or charge, Public official, Public official · Public personnel data, Elected and appointed officials (13.601)
Commissioner: Matthew Massman
Advisory Opinion 18-004
April 16, 2018; School District X
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2017). It is based on the facts and information ...
Description: A school district asked about the classification of data it maintained about a School Resource Officer (SRO) employed by a city and assigned to the District. Based on Advisory Opinion 97-030, the Commissioner opined that the definition of personnel data in Minnesota Statutes, section 13.43, includes government data maintained by one government entity about employees employed by another government entity, when employees are working in their official capacities. Therefore, data about the SRO maintained at the District are classified as personnel data and while the existence and status of a complaint against the SRO are public, any other data about a complaint or charge against the SRO is private at the District.
Category: Personnel data
Keywords: Personnel data, Complaint or charge, Personnel data
Commissioner: Matthew Massman
Advisory Opinion 14-006
June 5, 2014; Independent School District 625 (St. Paul)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2013). It is based on the facts and information ...
Description: Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 625, St. Paul, respond appropriately to a March 15, 2014, request for data?
Pursuant to Minnesota Statutes, Chapter 13, did Independent School District 625, St. Paul, respond appropriately to a March 25, 2014, request for data pursuant to Minnesota Statutes, section 13.04, subdivision 3?
Category: Data subjects, Personnel data, Requests for data, Response to data requests
Keywords: Data subjects, Personnel data, Requests for data, Response to data requests, Timely response required, access immediately or within ten business days, Complaint or charge, Clarification of request
Commissioner: Spencer Cronk
Advisory Opinion 04-075
November 18, 2004; Washington 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: Pursuant to Minnesota Statutes, Chapter 13, what is the classification of data related to a case in which a complaint is made against a licensed day care provider and no disciplinary, corrective or other enforcement action is taken against the licensee?
Category: Licensing data, Personnel data
Keywords: Licensing data, Personnel data, Complaint or charge, Licensing data
Commissioner: Dana B. Badgerow
Advisory Opinion 04-064
October 15, 2004; School District 276 (Minnetonka)
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 Independent School District 276 (Minnetonka), comply with Minnesota Statutes, Chapter 13, in its response to a May 5, 2004, request for public data?
Category: Personnel data, Requests for data
Keywords: Personnel data, Requests for data, School board members, School board members, Complaint or charge, Status, Entity responsibility
Commissioner: Kent Allin Acting
Advisory Opinion 01-063
July 30, 2001; School District 821 (Menahga)
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 821, Menahga, appropriately deny public access to the following government data: the identities of two District employees whose employment the School Board resolved to terminate, prior to the final disposition of disciplinary action?
Category: Personnel data
Keywords: Personnel data, Complaint or charge, Names of employees
Commissioner: David F. Fisher
Advisory Opinion 99-014
June 1, 1999; Arrowhead Library System
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 generated by the Arrowhead Library System in response to a complaint made about one of its employees: an investigative report and related notes?
Category: Educational data, Personnel data
Keywords: Educational data, Personnel data, Complaint or charge, Harassment data (13.43, subd. 8), Multiple data subjects
Commissioner: David F. Fisher
Advisory Opinion 97-003
January 17, 1997; St Cloud Technical College
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: What is the classification of the data contained in a report relating to the resignation of Larry Barnhardt, former president of St. Cloud Technical College?
Category: Personnel data
Keywords: Personnel data, Complaint or charge, Public official · Public personnel data
Commissioner: Elaine S. Hansen