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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 85
Advisory Opinion 03-021
July 10, 2003; Minnesota Department of Natural Resources
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 following data that the Minnesota Department of Natural Resources maintains: a list of each Conservation Officer's annual citation numbers for the past two years?
Category: Law enforcement data, Legislative authority and intent, Personnel data, Statutory construction (Ch. 645), Statutory construction (Ch. 645)
Keywords: Law enforcement data, Legislative authority and intent, Personnel data, Statutory construction (Ch. 645), Statutory construction (Ch. 645), Department of Natural Resources, Law enforcement data, Personnel data, Law enforcement, Law enforcement data, Absurd or unreasonable result (645.17), Conflicting or irreconcilable provisions (645.26)
Commissioner: Brian J. Lamb
Advisory Opinion 00-025
July 12, 2000; City of Rochester
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, did the City of Rochester respond properly to a request for access to data on unpaid parking tickets?
Category: Law enforcement data, Legislative authority and intent, Legislative authority and intent
Keywords: Law enforcement data, Legislative authority and intent, Legislative authority and intent, Arrest data, Arrest warrant indices, Parking citation/ticket, Law enforcement data, Presumption of openness, Law enforcement data
Commissioner: David F. Fisher
Advisory Opinion 20-004
March 5, 2020; City of Minneapolis
This is an opinion of the Commissioner of Administration issued pursuant to Minnesota Statutes, section 13.072 (2019). It is based on the facts and information ...
Description: A City asked about whether it was the agency with “primary investigative responsibility” pursuant to Minnesota Statutes, section 13.82, subdivision 7, when the Bureau of Criminal Apprehension (BCA) investigates an officer-involved shooting on its behalf. The City also asked about the classification of body camera data while the BCA investigates the officers’ conduct. The Commissioner agreed that the City’s position that the BCA was acting as the City’s agent was reasonable and therefore, the City retained the primary investigative responsibility. Additionally, based on the plain language of Minnesota Statutes, section 13.825, subdivision 2(a)(3), body camera data that are part of an active criminal investigation are classified by section 13.82, subd. 7, as confidential and protected nonpublic while the investigation is active. Once the investigation is inactive, the body camera video data are classified by section 13.825.
Category: Law enforcement data
Keywords: Law enforcement data, Portable recording system data, Law enforcement, Law enforcement (13.82), Law enforcement data, Body camera data 13.825
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-011
September 16, 2019; City of Shakopee
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 asked about the classification of data that the police department collected from a school district pursuant to a subpoena, as part of a criminal investigation. The District argued that the data were private personnel data and retained that classification in the hands of the City. The Commissioner concluded that the data “traveled” from the District to the City and therefore, pursuant to Minnesota Statutes, section 13.03, subdivision 4(a), the data changed classifications; the data were law enforcement data classified by Minnesota Statutes, section 13.82, in the hands of the City.
Category: Law enforcement data, Personnel data
Keywords: Law enforcement data, Personnel data, Law enforcement, Law enforcement (13.82), Law enforcement data, Traveling data, Personnel data, Personnel data (13.43)
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-005
April 4, 2019; Minnesota Department of Public Safety
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 law enforcement agency asked about the classification of data in an inactive criminal investigation of an officer-involved fatal shooting. The Commissioner opined that the data were variously classified under Minnesota Statutes, sections 260B.171 (peace officer records of children), 13.10 (private data on decedents), 13.82 (law enforcement data), and 13.825 (body camera data). The Commissioner also opined that absent clarification from the Legislature, law enforcement agencies have discretion to interpret the scope of the plain meaning of “data that document the discharge of a firearm” that are public under section 13.825.
Category: Law enforcement data, Peace officer records of children
Keywords: Law enforcement data, Peace officer records of children, Decedents, Decedents (13.10), Juveniles, Juveniles (260.161 / 260B.171), Law enforcement data, Law enforcement (13.82), Body camera data 13.825, Portable recording system data
Commissioner: Alice Roberts-Davis
Advisory Opinion 04-028
May 5, 2004; City of Minneapolis
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 City of Minneapolis complied with Minnesota Statutes, Chapter 13, in its determination regarding a January 20, 2004, request for access to data?
Category: Law enforcement data
Keywords: Law enforcement data, Arrest data, Response or incident data (13.82, subd. 6 / subd. 4), Law enforcement data
Commissioner: Brian J. Lamb
Advisory Opinion 01-079
September 28, 2001; Hennepin 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: When a government entity uses Minnesota Statutes, section 13.393, as the basis for denying access to public documents sought pursuant to a data practices request, must the government entity also give the underlying basis for the claim of protection through the attorney?
Did the Hennepin County Attorney's office appropriately withhold criminal investigative data from the requestor (Attorney Rouse) pursuant to Minnesota Statutes, section 13.393?
If Minnesota Statutes, section 13.393, applies to the current case, did the Hennepin County Attorney's office waive attorney work product protection by mailing the December 22, 2000, Declination to Prosecute memo containing the mental impressions and legal opinions of the Hennepin County Attorney's office to Attorney Rouse prior to his data practices request, and, discussing the mental impressions and legal opinions of the Hennepin County Attorney's office with Attorney Rouse on February 7, 2001?
Category: Law enforcement data, Legislative authority and intent
Keywords: Law enforcement data, Legislative authority and intent, Attorney-client privilege (595.02), Criminal justice agency, Criminal investigative data (13.82, subd. 7), Criminal justice agency, defined, Investigation, defined, Law enforcement data
Commissioner: David F. Fisher
Advisory Opinion 01-074
September 18, 2001; City of Burnsville
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, did the City of Burnsville improperly deny access to police reports containing public data, i.e., arrest data, request for service data and response or incident data?
Pursuant to Minnesota Statutes, Chapter 13, did the City of Burnsville fail to comply with its responsibility to provide written notice that a request for public data was denied and the City's legal basis for that decision?
Category: Legislative authority and intent, Requests for data
Keywords: Legislative authority and intent, Requests for data, Law enforcement data, Law enforcement data, To responsible authority or designated person, required
Commissioner: David F. Fisher
Advisory Opinion 01-069
August 28, 2001; Le Sueur County Sheriff
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 previous and current reports about X that the Le Sueur County Sheriff maintains? X requested and signed a "Victim and/or Witness Identity Protection" form.
Category: Law enforcement data, Legislative authority and intent
Keywords: Law enforcement data, Legislative authority and intent, Protected identities (13.82, subd. 17 / subd. 10), Law enforcement data
Commissioner: David F. Fisher
Advisory Opinion 00-078
December 29, 2000; City of Hibbing
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, did the City of Hibbing respond appropriately to a request for access to the following data: name and address of an individual, present at the scene of an alleged crime, whom the law enforcement agency regards as a potential suspect or perpetrator, when the individual has not been arrested, charged or cited at the time of the request for access to the data?
If, after the request for the data described above, the law enforcement agency determines that the potential suspect of perpetrator was not present at the scene, are the data classified under Chapter 13 such that public access may denied?
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4), Law enforcement data
Commissioner: David F. Fisher
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- Law enforcement data (83)
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- Personnel data (9)
- Protected identities (13.82, subd. 17 / subd. 10) (9)
- Juveniles (260.161 / 260B.171) (8)
- Request for service data (13.82, subd. 3) (8)
- Arrest data (7)
- Criminal investigative data (13.82, subd. 7) (7)
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- Traffic accidents (169.09) (7)
- Data subjects (6)
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- Physical data access (13.82, subd. 16 / subd. 9) (5)
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- Photographs/videotapes (See also: Law enforcement - Booking photos) (4)
- Statutory construction (Ch. 645) (4)
- Victim access to active investigative data (13.82, subd. 13 / subd. 6) (4)
- Dispatch logs (3)
- Firearms (13.87, subd. 2 / 13.36) (3)
- Initial crime report (ICR) (3)
- Inspection (3)
- Photographs (3)
- Requests for data (3)
- Response to data requests (3)