Search Opinions
Browse Opinions by Date
Request an Opinion
Our Role
Help with searching
For a Topic Search use terms suggested on our Topics page. Please note that clicking the "Browse Topics" link on the Search Opinions tab will take you away from the search page to a different page, which will lose any existing search results or data that has been entered into search boxes. If you plan to search by topic, we recommend selecting your topic first, and complete any additional fields in the search form after that.
For a simple search, type a few words or a phrase in the Full Text search box, then hit Enter or click the Search button. Your search query can be a single word, multiple words separated by spaces, or it can use more advanced syntax described in the FAQ below. Try to use words that are likely to be unique to the content you're looking for.
Note: For best results when searching for a particular citation, spell out the section and subdivision. For example, “13.43, subdivision 4.”
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 11
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 19-006
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 18-003
April 5, 2018; St. Anthony Village City Council
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 member of the public asked whether a City Council had violated the Open Meeting Law by holding a meeting outside the geographic boundaries of the body, not providing a copy of members’ materials, and eating dinner together.
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Matthew Massman
Advisory Opinion 14-010
August 5, 2014; Baldwin Township Planning Commission
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: A member of the public asked about the
copy of printed materials at a township meeting.
Minnesota Statutes, section 13D.01, subd. 6, requires
public bodies to make at least one copy of any printed
materials distributed to the public body members
available during a public meeting. The member of the
public stated that the Township Planning Commission did
not include a copy of the draft comprehensive plan. The
Township’s attorney responded that the Commission did
include the comprehensive plan in the public packet of
materials. Though the Commissioner could not resolve
the factual dispute, he offered some practical advice to
the Township, including offering more than one copy of
the materials, posting the materials online, or listing the
contents of the materials
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Spencer Cronk
Advisory Opinion 08-015
July 9, 2008; Roseville City Council
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 members of the Roseville City Council comply with the requirements of Minnesota Statutes, section 13D.01, subdivision 6 at a meeting held on February 11, 2008?
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Dana B. Badgerow
Advisory Opinion 07-024
November 14, 2007; Minneapolis City Council
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: When the Minneapolis City Council's Public Safety and Regulatory Services Committee and Health, Energy and Environment Committee met jointly on February 15, 2006, did they comply with Minnesota Statutes, section 13D.01, subdivision 6?
Category: Open Meeting Law
Keywords: Open Meeting Law, Printed materials
Commissioner: Dana B. Badgerow
Advisory Opinion 07-014
June 27, 2007; Hampton Township Board
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 members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.04, subdivision 2, when it posted a notice for a special meeting on September 13, 2006, that contained the statement "Other Legal issues may be discussed?"
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, Chapter 13D when a quorum left the meeting room on September 13, 2006, and had a discussion with the township's attorney?
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 5 when it limited access to the journal in which votes are kept to once a month during the regular meeting of the Township Board?
Did the members of the Hampton Township Board of Supervisors comply with Minnesota Statutes, section 13D.01, subdivision 6 at meetings held on December 19, 2006, January 16, 2007, February 20, 2007, March 21, 2007 and April 17, 2007?
Category: Open Meeting Law, Open Meeting Law, Open Meeting Law, Meeting notice
Keywords: Open Meeting Law, Open Meeting Law, Open Meeting Law, Meeting notice, Journal of votes, ballots, Special meeting notice, Printed materials, Quorum
Commissioner: Dana B. Badgerow
Advisory Opinion 04-037
June 3, 2004; City of Winsted
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, if the employee has not given his/her written consent to release data under 49 C.F.R. §382.405(h) and 49 C.F.R. §40.321, what is the classification of the data relating to the Federal DOT drug test that the City is required to maintain pursuant to 49 C.F.R. § 382.401?
Pursuant to Minnesota Statutes, section 13D.05, is a post-discharge hearing that must be held under Loudermill required to be part of an open meeting?
Assuming the answer to Issue 2 is yes, may the City disclose to the public, during the post-discharge hearing, the data relating to the Federal DOT drug test that the City is required to maintain pursuant to 49 C.F.R. § 382.401 without the employee's written consent required by 49 C.F.R. § 382.405(h) and 49 C.F.R. § 40.321?
Category: Personnel data, Open Meeting Law, Closed meetings
Keywords: Personnel data, Open Meeting Law, Closed meetings, Alcohol and drug treatment records (42 C.F.R. Part 2), Closed meetings, Printed materials, Alcohol and drug test data, Specific reasons and data documenting basis for action, Open Meeting Law
Commissioner: Brian J. Lamb
Advisory Opinion 02-013
March 27, 2002; School District 2689 (Pipestone-Jasper)
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: Is a school board member an "employee" for purposes of Minnesota Statutes, section 13.43?
Pursuant to Chapter 13, are the two names and one job title in paragraph 2(B) of the letter private personnel data, given that the names and job title are linked to unspecified "issues"?
Is the February 12, 2002, correspondence between elected officials private data under Minnesota Statutes, section 13.601, subdivision 2?
Is the February 12, 2002, correspondence public data under Minnesota Statutes, Chapter 13?
Category: Elected and appointed officials, Personnel data, Open Meeting Law, Open Meeting Law
Keywords: Elected and appointed officials, Personnel data, Open Meeting Law, Open Meeting Law, Correspondence with elected officials, 13.601, School board members, Printed materials, School boards, Open Meeting Law
Commissioner: David F. Fisher
Advisory Opinion 01-058
July 11, 2001; City of Ellsworth
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 13D.01, did the City of Ellsworth provide appropriate access to the public to all written materials discussed at a December 13, 2000, public taxation hearing and meeting?
The City of Ellsworth did not appoint a responsible authority until December 13, 2000. Was the City out of compliance with Minnesota Statutes, Chapter 13, during the time that no responsible authority existed?
Pursuant to Minnesota Statutes, section 13.03, subdivision 2(b), is the City of Ellsworth required to prepare written public access procedures, and make free copies of those procedures easily accessible to the public?
Is the City of Ellsworth in compliance with Minnesota Statutes, Chapter 13, when it posts a resolution appointing a responsible authority as a substitute for the written public access procedures described in section 13.03, subdivision 2(b)?
Category: Responsible authority, Open Meeting Law
Keywords: Responsible authority, Open Meeting Law, Printed materials, Public access procedures, Appointment required
Commissioner: David F. Fisher