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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 - 9 of 9
Advisory Opinion 02-018
April 29, 2002; Washington 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: Pursuant to Minnesota Statutes, Chapter 13, would the rights of a data subject be violated if Washington County contacted and disclosed to the Immigration and Naturalization Service private data about the data subject concerning his/her illegal alien status without having obtained prior consent?
Category: Data subjects, Educational data, Tennessen warning
Keywords: Data subjects, Educational data, Tennessen warning, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614), Immigration, Limitation on collection/use of data (13.05, subd. 4), Immigration status
Commissioner: David F. Fisher
Advisory Opinion 01-017
January 18, 2001; Cass 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: Are the information or reports maintained by ambulance personnel on criminal defendants releasable to law enforcement personnel?
Should statements made by criminal defendants to ambulance personnel be differentiated between statements about medical care and general statements? If so, would only the general statements be releasable to law enforcement?
Category: Law enforcement data
Keywords: Law enforcement data, Ambulance service data, Medical data, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: David F. Fisher
Advisory Opinion 00-052
November 3, 2000; School District 31 (Bemidji)
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 School District 31, Bemidji, inappropriately disseminate private educational data about student X and/or X's parent?
Category: Educational data
Keywords: Educational data, Home schooling, Student, defined, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: David F. Fisher
Advisory Opinion 99-005
April 2, 1999; Douglas 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 Douglas County respond properly to a request for access to public data regarding a County employee's termination?
Category: Copy costs, Existence of data, Response to data requests
Keywords: Copy costs, Existence of data, Response to data requests, New data or different format not required, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: David F. Fisher
Advisory Opinion 96-034
August 5, 1996; School District 191 (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: Did School District 191, Burnsville, improperly disseminate government data about O?
Category: Personnel data
Keywords: Personnel data, Mental impressions (Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: Elaine S. Hansen
Advisory Opinion 95-052
December 7, 1995; School District 777 (Benson)
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: Was the dissemination of data about T, by a school psychologist to a school secretary, consistent with the requirements of Minnesota Statutes Chapter 13, Minnesota Rules Chapter 1205, and 20 United States Code 1232g (the Family Educational Rights and Privacy Act of 1974)?
Category: Personnel data
Keywords: Personnel data, Commissioner of Administration, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614), Mental impressions (Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: Elaine S. Hansen
Advisory Opinion 95-035
July 27, 1995; City of Brooklyn Park
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 the Brooklyn Park Police Civil Service Commission a "political subdivision" pursuant to Minnesota Statutes Section 13.02, subdivision 11?
Do the provisions of Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act, apply to the Commission, and its individual members?
Do the data contained in the letter of complaint filed by an attorney on behalf of the Commission constitute "government data" pursuant to Section 13.02, subdivision 7?
Are verbal communications, made by a member of the Commission, concerning the details of a complaint made by the Commission against an officer, "government data" pursuant to Section 13.02, subdivision 7?
Are a complaint of misconduct and request for disciplinary action "personnel data," pursuant to Section 13.43?
Are the details and specifics contained in a complaint of misconduct and request for disciplinary action classified as private data on an individual, pursuant to Section 13.43, subdivision 4, if there is no "final disposition," as defined in Section 13.43, subdivision 2(b)?
If the details and specifics contained in a complaint of misconduct and request for disciplinary action are classified as private data, prior to any final disposition, is the data subject's informed consent required for dissemination of those data?
Do the provisions of Section 13.39 govern data collected in active administrative investigations, when the outcome of the investigation can be disciplinary action subject to review by an arbitrator, district court, or veteran's preference regulations? Would said data be classified as confidential while the investigation is considered "active" or "pending" by the chief attorney of Brooklyn Park
Category: Data subjects, Educational data, Informed consent, Personnel data, Tennessen warning
Keywords: Data subjects, Educational data, Informed consent, Personnel data, Tennessen warning, Data necessary for administration and management of programs (13.05, subd. 3), Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614), Informed consent, Civil investigative data (13.39), Consent needed for new use of data if notice was not given
Commissioner: Elaine S. Hansen
Advisory Opinion 95-014
March 28, 1995; City of Virginia
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: By releasing information regarding discussions between Mr. Dragisich and the president of the City Council about his proposed termination and possible severance package, did the City violate provisions of Minnesota Statutes Chapter 13?
Did the City violate provisions of Chapter 13 by releasing specific data on a performance evaluation?
Category: Personnel data, Closed meetings, Open Meeting Law
Keywords: Personnel data, Closed meetings, Open Meeting Law, Government data (13.02, subd. 7), Employee evaluation summary, Mental impressions (Keezer v. Spickard, 493 N.W.2d 614), Employee evaluation summary, Security safeguards (13.05, subd. 5), Recorded
Commissioner: Elaine S. Hansen
Advisory Opinion 93-011
December 20, 1993; School District 504 (Slayton)
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: Whether the identity of the individual, known only to Superintendent Smit and not existing in any physical form, is not classified as "government data."
Whether, if you believe the identity of the source is government data, it would be classified as "harassment data."
Category: Personnel data
Keywords: Personnel data, Mental impressions (See: Keezer v. Spickard, 493 N.W.2d 614), Mental impressions (Keezer v. Spickard, 493 N.W.2d 614)
Commissioner: Debra Rae Anderson