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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 03-006
March 12, 2003; School District 709 (Duluth)
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, does the memorandum contain private personnel data on employees of Independent School District 709, Duluth?
Pursuant to Minnesota Statutes, Chapter 13, is the District required to provide a copy of the memorandum from which the identifying information about X and Y have not been redacted?
Category: Educational data, Multiple data subjects, Personnel data, Redaction
Keywords: Educational data, Multiple data subjects, Personnel data, Redaction, Determine data subject case by case, Harassment data (13.43, subd. 8), Multiple data subjects, Entity determines redaction
Commissioner: Brian J. Lamb
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 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 98-008
February 25, 1998; University of Minnesota
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 Section 13.04, subdivision 3, did the University of Minnesota respond properly, i.e., did the University fully comply with the requests and were the responses timely, to requests for access to data dated June 10, 1997, and July 23, 1997?
Category: Educational data, Personnel data
Keywords: Educational data, Personnel data, Collective bargaining agreements, Complainant identity, Harassment data (13.43, subd. 8)
Commissioner: Elaine S. Hansen
Advisory Opinion 97-034
August 12, 1997; Minnesota Department of Transportation
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: Has the Minnesota Department of Transportation responded properly, pursuant to Minnesota Statutes Section 13.04, to a data subject's request for access to data?
Category: Educational data, Personnel data
Keywords: Educational data, Personnel data, Civil investigative data (13.39), Data subject access to personnel data, Harassment data (13.43, subd. 8), Labor/union access (13.43, subd. 6)
Commissioner: Elaine S. Hansen
Advisory Opinion 97-018
May 5, 1997; School District 278 (Orono)
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, must School District 278, Orono, disclose to the subject of the complaint the contents of a harassment complaint and its investigation notes detailing the allegations where the District has reason to believe that such a release may result in harassment or harm to the complainant and/or the complainant's child?
Pursuant to Chapter 13, must District 278 disclose to the subject of the complaint documents believed by the District to be harassment data where the District has reason to believe that such a release may result in harassment or harm to the complainant and/or the complainant's child?
Category: Educational data, Multiple data subjects, Personnel data
Keywords: Educational data, Multiple data subjects, Personnel data, Multiple data subjects, Complainant identity, Data subject access to personnel data, Harassment data (13.43, subd. 8), Witness identity or statement
Commissioner: Elaine S. Hansen
Advisory Opinion 96-002
January 16, 1996; City of Mahtomedi
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: Upon responding to a request for access to data by a data subject, is it appropriate, pursuant to Chapter 13, for a government entity to withhold entire documents because those documents apparently contain private or confidential data about the data subject and another individual(s)?
What is the classification of data which identify individuals who have made complaints against employees of government entities?
Category: Educational data, Legislative authority and intent, Multiple data subjects, Personnel data
Keywords: Educational data, Legislative authority and intent, Multiple data subjects, Personnel data, Inextricably intertwined data (See also: Northwest Publications, Inc. v. City of Bloomington, 499 N.W.2d 509), Data subject access, Multiple data subjects, Complainant identity, Data subject access to personnel data, Harassment data (13.43, subd. 8), Public and not public data
Commissioner: Elaine S. Hansen
Advisory Opinion 94-018
April 11, 1994; School District 272 (Eden Prairie)
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: Under Minn. Stat. §13.43, subd. 8, does the phrase "data on the complainant or witness" include more than the names of student complainants?
If so, does it include: (a) the names of witnesses, (b) any or all of the data described in Mr. Tanick's* letter to Maggie Wallner**, and/or (c) any other data not specifically described in Mr. Tanick's letter?
What (or who) determines which data are "necessary for the employee to prepare" for the disciplinary proceeding?
*Ms. Clark's client's former attorney.
**An attorney for District 272.
Category: Educational data, Legislative authority and intent, Personnel data
Keywords: Educational data, Legislative authority and intent, Personnel data, Harassment claims, investigations, Harassment data (13.43, subd. 8), Collective bargaining agreements, Complainant identity, Harassment data (13.43, subd. 8), Witness identity or statement
Commissioner: Debra Rae Anderson