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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 36
Advisory Opinion 19-013
November 27, 2019; Rice County
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 data requester asked if a County had responded appropriately to two requests she made for public data. The Commissioner opined that the County responded appropriately to a request for public comments when it emailed the requester a link to the comments, which the requester had previously said would be acceptable. The County did not respond appropriately to a draft spreadsheet when it did not respond to the request promptly and appropriately, did not provide the data in the format in which it was maintained, and failed to assess a reasonable, actual copy cost; the county quoted five different costs and used two different pay scales to calculate costs.
Category: Response to data requests, Requests for data, Copy costs
Keywords: Response to data requests, Requests for data, Copy costs, Copy costs, Timeliness of response to public - prompt, reasonable time (13.03, subd. 2), (1205.0300), To responsible authority or designated person, required, Actual cost - public, Costs, Data access policy, Data does not exist, Data do not exist, Data request policy, Data requests, Designee, Government data
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-010
June 18, 2019; Minnesota Department of Health
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: In Advisory Opinion 19-010, a member of the public asked whether a state agency had violated the Data Practices Act because it had not provided her with access to the data he requested (public personnel data on two employees) until eight months after she asked for the data. In previous advisory opinions, the Commissioner has stated that a prompt, reasonable response is relative to the volume of data requested. Here, she opined that given the facts of this specific data request, including the type and amount of data requested, the agency’s response was not timely.
Category: Requests for data, Response to data requests
Keywords: Requests for data, Response to data requests, Untimely, generally, Multiple data subjects, Timeliness of response to public - prompt, reasonable time (13.03, subd. 2), (1205.0300), Responsible authority duties, Responsible authority (RA), Responsible authority, Response to data request, Requestor responsibility, Request for data, Inappropriate response, generally, Government data, Department of Health data, Data request vs. question/inquiry, Data request policy, Request for data
Commissioner: Alice Roberts-Davis
Advisory Opinion 19-001
January 2, 2019; City of Victoria
Note: The United States Supreme Court discussed issues involving government officials’ social media posts and the public’s First Amendment rights in Lindke ...
Description: A city asked whether it responded appropriately to a data request for information from a Facebook page maintained by the mayor, when it replied to the requester that the information was not government data. The Commissioner opined that the city had responded appropriately because the mayor created and maintained the page outside of his official duties and the city did not collect, create, receive, maintain, or disseminate the information. Thus, the information did not fit within the definition of government data.
Category: Response to data requests, Elected and appointed officials
Keywords: Response to data requests, Elected and appointed officials, Defined, Elected and appointed officials (13.601), Elected officials, Definition - "data collected" interpreted as "data created, received, maintained...", Determination made by entity, Determination by responsible authority, Government data (13.02, subd. 7)
Commissioner: Matthew Massman
Advisory Opinion 17-007
September 13, 2017; Hubbard County
Note: Per Minnesota Statutes, section 197.603, the county veterans service officer is the RA for all records in the officer's custody. (See Discussion Issue ...
Description: a member of the public asked about determinations a county made regarding the appointment of county responsible authorities [“RAs”] and data practices compliance officials [“DPCOs”]. The Commissioner opined that the county did not comply with the data practices act, because it appointed more RAs and DPCOs than are allowed. Each elected official is the RA for that office, as is the director of the county welfare agency. The only other RA and/or DPCO the County may have is an employee appointed by the County Board.
Category: Responsible authority
Keywords: Responsible authority, Data Practices Compliance Official (DPCO)
Commissioner: Matthew Massman
Advisory Opinion 10-006
March 11, 2010; City of Northfield
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 Northfield comply with Minnesota Statutes, Chapter 13, in denying access to the names of the two finalists for the position of president of the Northfield Hospital?
Category: Personnel data, Responsible authority
Keywords: Personnel data, Responsible authority, Finalist for public employment (13.43, subd. 3), Responsible authority (RA), Duties, generally
Commissioner: Sheila M. Reger
Advisory Opinion 06-029
October 19, 2006; Hennepin County Attorney's Office
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 Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data requests made on September 14, 2005: (1) "all travel records for Amy Klobuchar, in her capacity as Hennepin County Attorney from 1999 to the present, including itinerary, cost and purpose"; and (2) "all daily, weekly and monthly schedules of Amy Klobuchar from 1999 to the present?"
Did the Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data request made on February 22, 2006: "all labor grievances filed against Amy Klobuchar in her capacity as Hennepin County Attorney; 1999-2006?"
Did the Hennepin County Attorney's Office respond in a timely manner, as required by Minnesota Statutes, Chapter 13, to the following data request made on March 3, 2006: "list and description of all matters referred by the Hennepin County Attorney's Office to the Hennepin County Domestic Fatality Review Board?"
Did the Hennepin County Attorney's Office comply with Minnesota Statutes, Chapter 13 (in a timely and appropriate manner), to the following data request made on September 14, 2005: "provide all caseload statistics tracked by the Hennepin County Attorney's Office from 1998 to present?"
Did the Hennepin County Attorney's Office comply with Minnesota Statutes, Chapter 13, in denying access to certain data that were requested on July 27, 2006?
Category: Requests for data, Responsible authority
Keywords: Requests for data, Responsible authority, Clarification of request, Data request vs. question/inquiry, Responsible authority (RA)
Commissioner: Dana B. Badgerow
Advisory Opinion 05-024
June 24, 2005; Resource Training and Solutions
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 Resource and Training Solutions (RTS) comply with Minnesota Statutes, Chapter 13, in denying access to the following data: the operating agreement between RTS and Blue Cross Blue Shield of Minnesota?
Category: Responsible authority, Trade secret
Keywords: Responsible authority, Trade secret, Determination by responsible authority, Determination of data classification, Determination made by entity
Commissioner: Dana B. Badgerow
Advisory Opinion 05-010
March 7, 2005; City of Greenwood
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 City of Greenwood in compliance with Minnesota Statutes, section 13.02, subdivision 16, and Minnesota Rules, part 1205.0200, subpart 14, (B) regarding the appointment of a responsible authority?
Is the City of Greenwood in compliance with Minnesota Statutes, Chapter 13, in its response to a November 14, 2004, request to inspect public data related to the construction of a fence?
Category: Requests for data, Responsible authority
Keywords: Requests for data, Responsible authority, To responsible authority or designated person, required, Name, title, and address
Commissioner: Dana B. Badgerow
Advisory Opinion 05-008
January 28, 2005; School District 15 (St. Francis)
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 Independent School District 15, St. Francis, in compliance with Minnesota Statutes, Chapter 13, in response to a September 29, 2004, request for access to "data that documents who the school board appointed as responsible authority for the District?"
Category: Responsible authority
Keywords: Responsible authority, Name, title, and address
Commissioner: Dana B. Badgerow
Advisory Opinion 04-022
April 2, 2004; School District 272 (Eden Prairie)
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 Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding an October 6, 2003, request for a copy of all Data Practices policies utilized by the District?
Has Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding a November 28, 2003, request for all data which define the District's policies and procedures related to each of 20 topics?
Has Independent School District 272, Eden Prairie, complied with Minnesota Statutes, Chapter 13, in its determination regarding a December 17, 2003, request for access to data?
Category: Responsible authority, Policies and Procedures, Response to data requests
Keywords: Responsible authority, Policies and Procedures, Response to data requests, Public access procedures
Commissioner: Brian J. Lamb
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- Responsible authority (26)
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- Designee appointed by Responsible Authority (5)
- Name, title, and address (5)
- Personnel data (5)
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- Copy costs (3)
- Duties, generally (3)
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- Public document/annual report (13.05, subd. 1 and 1205.1200) (3)