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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 - 4 of 4
Advisory Opinion 21-004
May 7, 2021; Windemere Town Board of Supervisors
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2020). It is based on the facts and information ...
Description: A member of the public asked for recordings of a township board of supervisors meetings closed for labor negotiations pursuant to Minnesota Statutes, section 13D.03. The Board argued that members voted to post the recordings to the Township website and to make them available upon request, but it was unclear from the facts whether the Board actually made the recordings available. The Commissioner opined that the Board members did not comply if they did not make the recordings “available” to the public after it had signed all of the contracts for the current budget period.
Category: Open Meeting Law
Keywords: Open Meeting Law, Open meeting, Closed meetings, Record of meeting, Recording meetings, Labor negotiations, Open Meeting Law, Open Meeting Law (Ch.13D / 471.075) (See also: Public Meetings)
Commissioner: Alice Roberts-Davis;
Advisory Opinion 13-012
August 09, 2013; City of Mound
This is an opinion of the Commissioner of Administration pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information available ...
Description: A member of the public asked whether a city council had properly closed a meeting for labor negotiation strategies and developments pursuant to Minnesota Statutes, sections 13D.01 and 13D.03. The Commissioner opined that the City did not comply with section 13D.01, because it did not identify the authority to close the meeting or describe the subject of the meeting. The City did not comply with section 13D.03, because it failed to vote in open session to hold a closed meeting, as required, and because the Council also discussed subjects beyond the scope of labor negotiations and developments.
Category: Closed meetings, Open Meeting Law
Keywords: Closed meetings, Open Meeting Law, Labor negotiations
Commissioner: Spencer Cronk
Advisory Opinion 05-027
August 10, 2005; School District 625 (Saint Paul)
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: audiotapes of two closed Saint Paul Board of Education meetings containing "labor relations information" as defined in section 13.37, subdivision 1(c), that have not been presented during the collective bargaining process?
Regardless of the classification of the data in the audiotapes, must the District make the tapes available to the public pursuant to Minnesota Statutes, section 13D.03, subdivision 2, if all labor contracts have not been signed by the governing body for the current budget period?
If the audiotapes, or parts of them, contain nonpublic or protected nonpublic data, pursuant to section 13.37, subdivision 1(c), and the Board has signed all labor contracts for the current budget period, does section 13D.03, subdivision 2, require that the District make the tapes available to the public?
If the District must make the audiotapes, or parts of them, available to the public pursuant to section 13D.03, subdivision 2, and the tapes contain nonpublic or protected nonpublic data pursuant to section 13.37, subdivision 1(c), may the District withhold the tapes because the public and nonpublic or protected nonpublic data are so inextricably intertwined that redaction would be unreasonable?
If the District must make the audiotapes, or parts of them, available to the public, pursuant to section 13D.03, subdivision 2, and the tapes contain nonpublic or protected nonpublic data pursuant to section 13.37, subdivision 1(c), may the District charge for the cost of redacting nonpublic or protected nonpublic data?
If the District must make the audiotapes, or parts of them, available to the public, pursuant to section 13D.03, subdivision 2, must the District provide copies or is providing an opportunity to listen to the tapes sufficient?
Category: Statutory construction (Ch. 645), Open Meeting Law, Closed meetings
Keywords: Statutory construction (Ch. 645), Open Meeting Law, Closed meetings, Classification (subd. 2), Labor negotiations, Public and not public data, Later enacted statute
Commissioner: Dana B. Badgerow
Advisory Opinion 00-037
September 12, 2000; Lake 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, and Minnesota Statutes, section 471.705, has Lake County responded appropriately to a March 20, 2000, request for the following data: copies of audiotape recordings of closed meetings of the Board of Commissioners pertaining to contract negotiations of all bargaining units for the 2000-2001 labor agreements?
Category: Closed meetings, Open Meeting Law
Keywords: Closed meetings, Open Meeting Law, Labor negotiations
Commissioner: David F. Fisher