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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 - 5 of 5
Advisory Opinion 22-005
July 25, 2022; Metropolitan Council
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2021). It is based on the facts and information ...
Description: A government entity asked whether a final disposition of disciplinary action occurred for the purposes of Minnesota Statutes, section 13.43, subdivision 2(a)(5) when the entity decided to discipline an employee, the employee grieved the discipline under a collective bargaining agreement but resigned during the grievance process, and the union representing the employee declined to elect that the grievance be referred to arbitration. The Commissioner opined that final disposition had occurred based on the language of section 13.43, subdivision 2(b) because the employee’s union failed “to elect arbitration within the time provided by the collective bargaining agreement.” Additionally, the employee’s resignation during the grievance process did not impact when the final disposition occurred.
Category: Personnel data
Keywords: Personnel data, Final decision regarding disciplinary action, Final disposition of disciplinary action, Resignation
Commissioner: Alice Roberts-Davis
Advisory Opinion 02-053
December 26, 2002; Clay County
Note: Minnesota Rules part 9575.0200 provides more information about the County Merit System referenced in this opinion.
This is an opinion of the Commissioner ...
Description: Pursuant to Minnesota Statutes, section 13.43, what is the classification of data documenting the basis of disciplinary action taken against a Clay County employee who resigned before the disciplinary action was final?
Category: Personnel data
Keywords: Personnel data, Final decision regarding disciplinary action, Disciplinary action not taken, data not public, Resignation
Commissioner: David F. Fisher
Advisory Opinion 00-072
December 15, 2000; School District 15 (St. Francis)
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, has a "final disposition" of a disciplinary action occurred by reason of the resignation of a School District 15, St. Francis, employee, where grievance proceedings arising under the applicable collective bargaining agreement have commenced but have not yet concluded?
Category: Personnel data
Keywords: Personnel data, Grievance filed by union, Final disposition of disciplinary action, Resignation
Commissioner: David F. Fisher
Advisory Opinion 96-046
November 1, 1996; 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: Does Mr. Shaw have the right to inspect data maintained by the University of Minnesota which document the dollar amounts, including damages awards, paid by the University to settle discrimination claims?
Category: Personnel data, Responsible authority
Keywords: Personnel data, Responsible authority, Resignation, Responsible authority (RA)
Commissioner: Elaine S. Hansen
Advisory Opinion 96-010
February 14, 1996; School District 720 (Shakopee)
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 in the letter, dated December 18, 1995, sent by the District to B?
Category: Personnel data
Keywords: Personnel data, Final decision regarding disciplinary action, Reprimand, Resignation
Commissioner: Elaine S. Hansen