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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 - 4 of 4
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 09-027
December 21, 2009; City of Palisade
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 Palisade comply with Minnesota Statutes, Chapter 13, in regard to a request for data made on September 15 and October 15, 2009?
Category: Response to data requests
Keywords: Response to data requests, No response
Commissioner: Sheila M. Reger
Advisory Opinion 04-008
February 27, 2004; Minnesota Department of Transportation
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 Minnesota Department of Transportation complied with Minnesota Statutes, Chapter 13, in its determination regarding an October 20, 2003, request for access to data?
Category: Copy costs, Copy costs, Existence of data, Response to data requests
Keywords: Copy costs, Copy costs, Existence of data, Response to data requests, Cost of creating new data, Requestor must be informed, No response
Commissioner: Brian J. Lamb
Advisory Opinion 01-024
February 7, 2001; Minnesota Department of Labor and Industry
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, section 13.03, did the Minnesota Department of Labor and Industry respond appropriately to a request for public access to data made on November 15, 2000?
Pursuant to Minnesota Statutes, section 13.03, did the Minnesota Department of Labor and Industry respond appropriately to a request for access to the Department's public access procedures provided for in section 13.03, subdivision 2(b)?
Category: Response to data requests
Keywords: Response to data requests, Public access procedures, No response
Commissioner: David F. Fisher