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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 54
Advisory Opinion 23-003
September 7, 2023; Crosslake City Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information ...
Description: Members of the public asked whether a city council violated the Open Meeting Law when it discussed topics during a special meeting that were not described in the special meeting notice's purpose. The Commissioner opined that the council did not provide appropriate notice of its special meeting because the purpose in the notice failed to describe all topics that councilmembers discussed.
Category: Open Meeting Law, Meeting notice
Keywords: Open Meeting Law, Meeting notice, Special meeting notice
Commissioner: Stacie Christensen Temporary
Advisory Opinion 22-009
December 8, 2022; Modern Montessori Charter School
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2022). It is based on the facts and information ...
Description: A member of the public asked whether the school board of a charter school violated the Open Meeting Law when it did not record the closed portion of a meeting and whether the board provided appropriate notice of the purpose of a special meeting. The board acknowledged it failed to record the closed meeting at issue as required by the OML and described steps it would take to avoid similar situation in the future. The Commissioner opined that the board did not provide appropriate notice of the special meeting's purpose because the notice indicated the board would hold closed session "for preliminary consideration of allegations or charges against an individual subject to the board's authority." However, the board violated the OML when it moved beyond the stated purpose of a "preliminary consideration" when it also voted to impose discipline on the individual.
Category: Open Meeting Law, Closed meetings, Meeting notice
Keywords: Open Meeting Law, Closed meetings, Meeting notice, Special meeting notice, Recording meetings
Commissioner: Alice Roberts-Davis
Advisory Opinion 21-001
January 3, 2021; West Lakeland Town Board of Supervisors
Note: In 2021, the Legislature amended Minnesota Statutes, section 13D.01, subd. 4, related to a journal of votes.
This is an opinion of the Commissioner of ...
Description: A member of the public asked about the conduct of the West Lakeland Township Board of Supervisors under the Open Meeting Law, Minnesota Statutes, Chapter 13D. The member of the public raised four issues including the requirement to maintain a journal of votes, special meeting notice requirements, members’ materials, and discussions at special meetings. The Commissioner opined that the Board was not complying with the law because it did not keep a separate journal of the votes pursuant to Minnesota Statutes, section 13D.01, subdivision 4. The Commissioner opined that the Board did not comply with the law when it changed the location of a meeting without providing the three day notice required by Minnesota Statutes, section 13D.04. The Commissioner could not determine whether the Board complied with the requirements to provide one copy of the members’ materials at a meeting because there was a factual dispute. Finally, the Commissioner could not determine whether the Board had a discussion outside of the noticed purpose of a special meeting because there was a factual dispute as to whether the item the Board discussed was related to the stated purpose.
Category: Open Meeting Law
Keywords: Open Meeting Law, Journal of votes, ballots, Purpose, Special meeting notice, Members materials, Printed materials, Townships
Commissioner: Lenora Madigan Deputy
Advisory Opinion 19-012
October 24, 2019; ISD 834, Stillwater Public Schools
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: In Advisory Opinion 19-012, a member of the public asked whether the conduct of a School Board violated the Open Meeting Law when a quorum of the School Board was present at a committee meeting. The Commissioner determined that a violation did occur. Despite the fact that the committee meeting may have been properly noticed, the School Board did not provide notice that a School Board meeting would also take place.
Category: Open Meeting Law
Keywords: Open Meeting Law, Quorum, Open meeting, Notice
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-006
April 9, 2019; Rockville 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 a special meeting and provided notice by posting the proposed agenda. At the special meeting, the Council took action on three items that it had not identified in the notice. At a subsequent regular meeting, the Council approved meeting minutes of the special meeting but did not provide a copy of the minutes in the public packet. The Commissioner concluded that the Council members did not comply with the Open Meeting Law at either meeting.
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials, Special meeting notice, Notice
Commissioner: Alice Roberts-Davis
Advisory Opinion 17-004
May 5, 2017, City of Duluth
Note: Minnesota Statutes, section 13.387, is also applicable to the data at issue in this opinion.
This is an opinion of the Commissioner of Administration ...
Description: a city which operates a self-insured group health plan for its employees asked whether data collected by the third-party administrator were government data, how they would be classified, and whether the administrator was required give a Tennessen notice prior to collecting the data. The Commissioner opined that because the third-party administrator was collecting government data from the employees, the data were classified as private (Minnesota Statutes, section 13.43 subd. 4), and because the administrator is required to comply with the Data Practices Act as if it were a government entity (Minnesota Statutes, section 13.05, subdivision 11), it was required to provide a Tennessen notice prior to collecting the data.
Category: Informed consent
Keywords: Informed consent, Tennessen warning notice, Insurance companies
Commissioner: Matthew Massman
Advisory Opinion 14-015
October 23, 2014; City of Crystal
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2014). It is based on the facts and information ...
Description: A member of the public asked
whether a city council’s conduct under the OML
was proper on eight different occasions. The
council’s “work sessions” were special, not regular
meetings, but the Commissioner could not
determine whether the council complied with the
special meeting notice requirements under section
13D.04, or held an improper meeting via email. The
council did not properly close meetings and
discussed impermissible topics in closed session,
per section 13D.01, subdivision 3, and section
13D.05. The council also improperly excluded
members of the public who were not disruptive. It
did not comply with section 13D.05, subdivision 3
(a), because it did not provide the required
summary of a performance evaluation. It did not
comply with section 13D.01, subdivision 6, because
a public copy of members’ materials was not
available.
Category: Open Meeting Law, Meeting notice, Closed meetings
Keywords: Open Meeting Law, Meeting notice, Closed meetings, Attorney-client privilege, Email, Meeting calendar, Closed meetings, Statement on record, Notice, Special meeting notice, Public comments
Commissioner: Matthew Massman Acting
Advisory Opinion 13-011
June 14, 2013; Independent School District 743 (Sauk Centre)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A school district interviewed a
student about his/her alleged involvement in an
incident off school property. The district gave the
student an oral Tennessen warning, which did not
meet the full statutory notice requirements. The oral
notice was not adequate because the district did not
clearly state the consequences to the student of
providing or not providing the requested data when it
knew of at least one consequence to the student if he/
she provided data that confirmed his/her involvement
in the incident. Also, the district did not identify those
persons outside the district to whom it was authorized
to disseminate the data, regardless of its intention to
do so.
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Tennessen warning notice (13.04, subd. 2)
Commissioner: Spencer Cronk
Advisory Opinion 12-015
October 8, 2012; Concordia Creative Learning Academy (CCLA)
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2012). It is based on the facts and information ...
Description: A charter school asked whether it
was required to share not public data with the
Minnesota Board of Teaching, following an initial
report to the Board by the school. The Commissioner
determined that pursuant to Minnesota Statutes,
section 122A.20, a school is required to share with the
Board any termination or disciplinary proceeding, any
settlement or compromise, or any investigative file in
the school’s files, regardless of any provision in
Chapter 13.
Category: Data sharing, Personnel data, Licensing data
Keywords: Data sharing, Personnel data, Licensing data, Personnel data, Charter schools, Tennessen warning notice
Commissioner: Spencer Cronk
Advisory Opinion 12-004
March 8, 2012; City of Kasson Library Board
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2011). It is based on the facts and information ...
Description: Did the City of Kasson Library Board comply with Minnesota Statutes, section 13D.04, regarding notice of a special meeting held Friday, October 21, 2011?
Did the City of Kasson Library Board comply with Minnesota Statutes, section 13D.05, regarding electronic recordings of certain closed meetings?
Category: Meeting notice, Open Meeting Law
Keywords: Meeting notice, Open Meeting Law, Special meeting notice
Commissioner: Spencer Cronk
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- All Results
- Data subjects (27)
- Educational data (20)
- Tennessen warning (19)
- Open Meeting Law (18)
- Meeting notice (13)
- Personnel data (13)
- Tennessen warning notice (13.04, subd. 2) (12)
- Special meeting notice (10)
- Tennessen warning and federal Privacy Act notices required (9)
- Notice (8)
- Closed meetings (7)
- Notice of deficiency (6)
- Tennessen warning notice (6)
- Informed consent (5)
- Legislative authority and intent (4)
- Limitation on collection and use of private/confidential data (13.05, subd. 4) (4)
- Limitation on collection/use of data (13.05, subd. 4) (4)
- Purpose of notice - informed choice (4)
- Data necessary for administration and management of programs (13.05, subd. 3) (3)
- Printed materials (3)
- Specific reasons and data documenting basis for action (3)
- Statement on record (3)