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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 18
Advisory Opinion 08-014
June 26, 2008; 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: Is the Minnesota Department of Education’s (MDE) determination regarding a report of alleged student maltreatment public data on individuals pursuant to Minnesota Statutes, section 13.43, subdivision 2(a)(5), or alternatively, is the MDE’s determination private data on individuals pursuant to Minnesota Statutes, section 626.556, subdivision 11(a), and Minnesota Statutes, section 13.03, subdivision 4(c)?
Category: Educational data, Personnel data
Keywords: Educational data, Personnel data, Personnel data access to the public, Child maltreatment, Specific reasons and data documenting basis for action, Change in classification 13.03
Commissioner: Dana B. Badgerow
Advisory Opinion 05-018
May 11, 2005; 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 Minnesota Statutes, Chapter 13, in responding to a request for certain data about a former City employee?
Category: Legislative authority and intent, Personnel data
Keywords: Legislative authority and intent, Personnel data, Disciplinary action data, access, Specific reasons and data documenting basis for action, Public official · Public personnel data
Commissioner: Dana B. Badgerow
Advisory Opinion 04-047
July 22, 2004; Minneapolis Park and Recreation Board
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 Minneapolis Park and Recreation Board comply with Minnesota Statutes, Chapter 13, when it released data to the public that X had been suspended without pay?
Category: Personnel data
Keywords: Personnel data, Status, Specific reasons and data documenting basis for action, Suspension with/without pay, Time sheets or payroll
Commissioner: Brian J. Lamb
Advisory Opinion 04-039
June 22, 2004; City of Orr
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 City of Orr complied with Minnesota Statutes, Chapter 13, in responding to a March 29, 2004, request for access to data relating to the termination of an employee?
Category: Personnel data
Keywords: Personnel data, Specific reasons and data documenting basis for action
Commissioner: Brian J. Lamb
Advisory Opinion 04-037
June 3, 2004; City of Winsted
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, if the employee has not given his/her written consent to release data under 49 C.F.R. §382.405(h) and 49 C.F.R. §40.321, what is the classification of the data relating to the Federal DOT drug test that the City is required to maintain pursuant to 49 C.F.R. § 382.401?
Pursuant to Minnesota Statutes, section 13D.05, is a post-discharge hearing that must be held under Loudermill required to be part of an open meeting?
Assuming the answer to Issue 2 is yes, may the City disclose to the public, during the post-discharge hearing, the data relating to the Federal DOT drug test that the City is required to maintain pursuant to 49 C.F.R. § 382.401 without the employee's written consent required by 49 C.F.R. § 382.405(h) and 49 C.F.R. § 40.321?
Category: Personnel data, Open Meeting Law, Closed meetings
Keywords: Personnel data, Open Meeting Law, Closed meetings, Alcohol and drug treatment records (42 C.F.R. Part 2), Closed meetings, Printed materials, Alcohol and drug test data, Specific reasons and data documenting basis for action, Open Meeting Law
Commissioner: Brian J. Lamb
Advisory Opinion 03-050
December 31, 2003; Minnesota Department of Military Affairs
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 cell phone records of a current or former employee that the Minnesota Department of Military Affairs maintains?
Category: Personal data/devices, Personnel data
Keywords: Personal data/devices, Personnel data, Freedom of Information Act (FOIA), Government data (13.02, subd. 7), Personal data excluded, Military Affairs Department (MDMA), National Guard, Minnesota, Cell phones, Specific reasons and data documenting basis for action, Phone records, Telephone records/bills
Commissioner: Brian J. Lamb
Advisory Opinion 02-051
December 26, 2002; Clay 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, is an oral reprimand "disciplinary action" for purposes of Minnesota Statutes, section 13.43, subdivision 2(a)(5)? If so, what is the classification of the written documentation of said reprimand?
What is the classification of the following data related to disciplinary action taken against Clay County employees:
A. Letters of reprimand.
B. Letters notifying employees of suspension.
C. Internal investigation notes related to computer usage.
D. Independent investigator reports related to investigation and interviews of employees subject to discipline.
E. Notes solely in the possession of the independent investigator.
F. Notes solely in the possession of an internal investigator.
Category: Personnel data
Keywords: Personnel data, Oral reprimand, Specific reasons and data documenting basis for action
Commissioner: David F. Fisher
Advisory Opinion 02-049
December 17, 2002; 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: Pursuant to Minnesota Statutes, Chapter 13, are the following data government data: numerous images (including films and photographs) that are sexually explicit and/or pornographic in nature that are stored and maintained on the hard drives of laptop computers that were used by a Mn/DOT employee?
If these images are government data, how are they classified pursuant to Chapter 13?
Pursuant to Chapter 13, what is the classification of the descriptions of the images that are contained in the internal Mn/DOT investigative report?
Category: Personal data/devices, Personnel data
Keywords: Personal data/devices, Personnel data, Personal data excluded, Personal data, Specific reasons and data documenting basis for action
Commissioner: Kirsten Cecil Deputy
Advisory Opinion 01-080
October 1, 2001; School District 740 (Melrose)
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 maintained by School District 740, Melrose, that relate to the District's proposed discharge of a District employee: data contained in an arbitrator's decision and data contained in a psychological report?
Category: Personnel data
Keywords: Personnel data, Arbitrator decision or award, Specific reasons and data documenting basis for action, Multiple data subjects
Commissioner: David F. Fisher
Advisory Opinion 98-015
April 3, 1998; School District 276 (Minnetonka)
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 data contained in two letters dated January 13, 1998?
Category: Personnel data
Keywords: Personnel data, Specific reasons and data documenting basis for action, Notice of deficiency
Commissioner: Elaine S. Hansen