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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 - 8 of 8
Advisory Opinion 14-013
October 13, 2014; City of Waite Park
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 service and
response or incident law enforcement data made public
pursuant to section 13.82, subdivisions 3 and 6. The
entity cited section 13.82, subdivisions 7 (active
investigative data) and 13 (victim access to investigative
data) and section 260B.171, subdivision 5 (peace officer
records of children) to deny access to all data. The
provisions cited by the entity are not applicable to the
requests; the entity should have provided the requester
with all public data that was responsive to her request.
Category: Law enforcement data
Keywords: Law enforcement data, Request for service data (13.82, subd. 3), Public access procedures
Commissioner: Matthew Massman Acting
Advisory Opinion 02-040
November 5, 2002; City of Bird Island
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 Bird Island respond appropriately to a request for government data?
Category: Law enforcement data
Keywords: Law enforcement data, Criminal investigative data (13.82, subd. 7), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4)
Commissioner: David F. Fisher
Advisory Opinion 01-050
June 6, 2001; City of St. 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: Pursuant to Minnesota Statutes, Chapter 13, did the City of St. Paul Police Department respond appropriately to a March 22, 2001, request for data by denying KSTP-TV access to the identity of the complainant and the transcript of the 911 tape?
Category: Law enforcement data
Keywords: Law enforcement data, Protected identities (13.82, subd. 17 / subd. 10), Request for service data (13.82, subd. 3)
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
Advisory Opinion 00-075
December 22, 2000; 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: As of December 2, 1998, was the preliminary finding of investigators that the squad's red lights were not on at the time of the collision "public data?"
Did the Chief of Police violate the Minnesota Government Data Practices Act when, on December 2, 1998, he released to the public the preliminary finding of investigators that the squad's red lights were not on at the time of the collision?
Category: Law enforcement data
Keywords: Law enforcement data, Request for service data (13.82, subd. 3)
Commissioner: David F. Fisher
Advisory Opinion 96-008
February 5, 1996; Minnesota Department of Public Safety
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 data collected and maintained by the Capitol Complex Security Division of the Minnesota Department of Public Safety relating to a request from an individual for an automobile ride?
Category: Law enforcement data, Security information
Keywords: Law enforcement data, Security information, Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4), Security service data/Capitol Security (13.861), Security information (13.37, subds. 1(a), 2), Security service data (13.861)
Commissioner: Elaine S. Hansen
Advisory Opinion 94-054
November 30, 1994; City of Willmar
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 16- or 17-year-old juvenile has been arrested on suspicion of, and/or charged with, an offense that if committed by an adult would be a felony, are the juvenile's name and age, and other identifying information maintained by the law enforcement agency, public data under Minn. Stat. §13.82?
May the Willmar police department refuse to provide copies of the initial complaint reports in such cases to reporters for the Tribune, and may it provide only oral accounts based on the report? (Tribune reporters desire to review the actual ICR, masked as appropriate.
Category: Law enforcement data
Keywords: Law enforcement data, Arrest data, Juveniles (260.161 / 260B.171), Physical data access (13.82, subd. 16 / subd. 9), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4)
Commissioner: Debra Rae Anderson
Advisory Opinion 94-015
March 11, 1994; City of Red Wing
Note: Minnesota Statutes section 144.807 was repealed in 1989.
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of ...
Description: A member of the public asked about the classification of data regarding ambulance services from the City of Red Wing Fire Department. The City argued the data were private under Minnesota Statutes section 144.807, which classifies data in reports sent the Commissioner of Health as private. The Commissioner determined that the some ambulance services data are public under Minnesota Statutes section 13.82, and that this data do not become private data because similar data was submitted to the Commissioner of Health.
Category: Law enforcement data
Keywords: Law enforcement data, Ambulance service data, Classification at time of request, controls access (13.03, subd. 9), Request for service data (13.82, subd. 3), Response or incident data (13.82, subd. 6 / subd. 4)
Commissioner: Debra Rae Anderson