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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 34
Advisory Opinion 15-003
May 21, 2015; Foth, Inc. (Bloomington)
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 about a government contractor’s obligation to respond to a request
for data the contractor maintained in connection with its work for a City. The contractor did not respond to the
request. The Commissioner opined that pursuant to Minnesota Statutes, section 13.05, subdivision 11, and the
clause in the contract, the contractor was subject to Minnesota Statutes, Chapter 13, for purposes of data created
and maintained under the contract. Because Chapter 13 required the contractor to respond to a data request in a
prompt and reasonable amount of time, the contractor did not comply.
Category: Contracts/privatization, Response to data requests
Keywords: Contracts/privatization, Response to data requests, Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).), No response
Commissioner: Matthew Massman
Advisory Opinion 14-018
November 17, 2014; Department of Public Safety
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 requester asked for access to copies
of contracts and non-disclosure agreements for cell
phone exploitation equipment. The entity said it could
not redact the documents because they contained
inextricably intertwined trade secret data (section
13.37, subdivision 1(b)), and “deliberative process/
investigative techniques” data (section 13.82,
subdivision 25). Contracts and non-disclosure
agreements contain standard clauses that are
presumptively public. Accordingly, the entity must
redact any data that are properly classified under
sections 13.37 and/or 13.82, and release the remaining
public data.
Category: Contracts/privatization, Law enforcement data, Trade secret
Keywords: Contracts/privatization, Law enforcement data, Trade secret, Deliberative processes (13.82, subd. 25 / subd. 16), Contracts, Privatization, 13.03 subdivision 11, Classification generally
Commissioner: Matthew Massman Acting
Advisory Opinion 14-011
September 17, 2014; Office of the Legislative Auditor
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 requester asked for all data
submitted in response to RFPs for third party
auditors to conduct, or help conduct certain audits,
and all resulting contracts. The request was denied
based on the entity’s conclusion that all of the data
are not public data that “relate to an audit” under
section 3.979, subdivision 3(a). Section 13.591,
subdivision 3, generally classifies most of the data
in question as public, once the selection/evaluation
process is complete (except trade secrets), other
than data “relating to an audit” under section
3.979, subdivision 3(a).
*Pursuant to Minnesota Statutes, section 13.072,
subdivision 2, “[t]he commissioner … shall indicate
when the principles stated in an opinion are not
intended to provide guidance to all similarly situated
persons or government entities.” The Commissioner
does not intend for this opinion to be generally
applicable.
Category: Contracts/privatization
Keywords: Contracts/privatization, RFP (request for proposals/request for bids, Contracts are public, Office of the Legislative Auditor
Commissioner: Matthew Massman Acting
Advisory Opinion 11-016
November 7, 2011; City of Sauk Rapids
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 City of Sauk Rapids comply with Minnesota Statutes, Chapter 13, when it denied access to data provided to the City and/or the City’s contractor by a private company that the City then used to determine whether to provide financial assistance to the company?
Category: Contracts/privatization
Keywords: Contracts/privatization, Business data (13.591), Official records
Commissioner: Spencer Cronk
Advisory Opinion 11-005
May 26, 2011; Johnson Controls, Inc. (ISD 2142-St. Louis 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: Did Johnson Controls, Inc. (JCI) comply with Minnesota Statutes, Chapter 13, when it charged $3,900 for copies of government data related to a contract JCI has entered into with Independent School District 2142, St. Louis County?
Did Johnson Controls, Inc. (JCI) comply with Minnesota Statutes, Chapter 13, in its response to a request for access to government data related to a contract JCI has entered into with Independent School District 2142, St. Louis County?
Category: Contracts/privatization, Contracts/privatization
Keywords: Contracts/privatization, Contracts/privatization, Contracts, Copy costs
Commissioner: Spencer Cronk
Advisory Opinion 11-001
January 3, 2011; Johnson Controls, Inc. (ISD 2142-St. Louis 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: Did Johnson Controls, Inc. comply with Minnesota Statutes, Chapter 13, when it denied access to data related to a contract JCI has entered into with Independent School District 2142, St. Louis County?
Category: Contracts/privatization
Keywords: Contracts/privatization, Official records
Commissioner: Ryan Church Acting
Advisory Opinion 10-024
November 16, 2010; City of Wayzata
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 City of Wayzata comply with Minnesota Statutes, Chapter 13, when it charged $265 to copy approximately 61 pages from the approximately 473 pages that the requestor inspected?
Category: Contracts/privatization, Copy costs
Keywords: Contracts/privatization, Copy costs, Copy costs, Electronically maintained data (See also: Electronic data), Copy inspection hybrid, Copy costs
Commissioner: Sheila M. Reger
Advisory Opinion 10-018
September 14, 2010; City of Fergus Falls
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 City of Fergus Falls comply with Minnesota Statutes, Chapter 13 and Minnesota Statutes, section 15.17, in responding to a data request for data on individuals and corporations that have made contributions or pledges toward the Fergus Falls Community Arena and the amounts they have contributed or pledged?
Category: Contracts/privatization
Keywords: Contracts/privatization, Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).), Official records, Obligation to maintain and preserve records, Privatization
Commissioner: Sheila M.Reger
Advisory Opinion 10-008
April 8, 2010; Minnesota Department of Commerce
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 that the Minnesota Department of Commerce maintains: the names of propane companies and their weekly residential propane prices for the heating seasons of 2003-2004 through the present obtained by the Department as part of a federal government survey?
Category: Contracts/privatization
Keywords: Contracts/privatization, Federal contracts data (13.35)
Commissioner: Sheila M. Reger
Advisory Opinion 09-022
September 22, 2009; City of 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: Did the City of Saint Paul comply with Chapter 13 in response to a March 27, 2009 (and subsequent), request for access to “all policies and procedures governing the duties of the St. Paul Intervention Project, Inc., to include all employee manuals and/or handbooks, volunteer manuals, training manuals, daily procedures, mission statements, and employee and volunteer rosters and records?”
Category: Contracts/privatization
Keywords: Contracts/privatization, Private party contracts with government (13.05, subd. 11; see also: Helmberger v. Johnson Controls, Inc., 839 N.W.2d 527 (Minn. 2013).), Private party response to data requests
Commissioner: Sheila M. Reger
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- Contracts/privatization (34)
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- Privatization (9)
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- 13.03 subdivision 11 (7)
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