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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 - 5 of 5
Advisory Opinion 03-025
July 31, 2003; Nobles 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, are the following components of the Nobles County policy regarding public access to the "feedlot inventory" allowable: a) Requestor must submit a written application; b) There is a five-day waiting period; c) The cost is $250; d) Requestor must pick up copy in person; and e) Copy is available in printed format only?
Category: Commercial value, Copy costs, Requests for data
Keywords: Commercial value, Copy costs, Requests for data, Commercial value, Easily accessible for convenient use (13.03, subd. 1), Reason/justify request and identity not required (13.05, subd. 12), Written requests, procedures may require
Commissioner: Brian J. Lamb
Advisory Opinion 01-036
April 3, 2001; Le Sueur 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, did the Le Sueur County Sheriff respond appropriately to a request in December 1999 for "ICR information of who and what caused [the Sheriff's Office] to respond to my private property"?
Pursuant to Minnesota Statutes, Chapter 13, did the Le Sueur County Sheriff respond appropriately to a "winter 2000" request for "investigation work product" regarding an incident that occurred in December 1999? (This request was made again on January 10, 2001, for "the ICR, report, statements and all other supporting data of the investigation outlined in the request given you in May 2000.")
In May 2000, did the Le Sueur County Sheriff violate X's rights pursuant to Minnesota Statutes, Chapter 13, by requiring X to fill out a "Document/Service Request" form because the form requires payment before "service complete or documents released"? X wanted to inspect data.
Pursuant to Minnesota Statutes, Chapter 13, did the Le Sueur County Sheriff respond appropriately to a January 10, 2001, request to inspect the Sheriff's "data practices policy"?
Pursuant to Minnesota Statutes, Chapter 13, did the Le Sueur County Sheriff respond appropriately to a January 10, 2001, request for "the ICRs, report, statements and other supporting data of reports made by [Y], of which I or any of my family are the subject of [Y's] reports"?
Category: Law enforcement data, Requests for data
Keywords: Law enforcement data, Requests for data, Criminal investigative data (13.82, subd. 7), Personnel data (13.43), Public access procedures, Reason/justify request and identity not required (13.05, subd. 12), Written requests, procedures may require
Commissioner: David F. Fisher
Advisory Opinion 01-014
January 16, 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 13.05, subdivision 12, is it appropriate for the Minnesota Department of Labor and Industry to ask a data requestor to identify him/herself and to justify the request?
Category: Requests for data
Keywords: Requests for data, Reason/justify request and identity not required (13.05, subd. 12), Written requests, procedures may require
Commissioner: David F. Fisher
Advisory Opinion 01-013
January 16, 2001; Minnesota Department of Employee Relations
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 13.05, subdivision 12, is it appropriate for the Minnesota Department of Employee Relations to ask a data requestor to identify him/herself and to justify the request?
Category: Requests for data
Keywords: Requests for data, Reason/justify request and identity not required (13.05, subd. 12), To responsible authority or designated person, required, Written requests, procedures may require
Commissioner: David F. Fisher
Advisory Opinion 94-045
October 20, 1994; 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: Are government data, provided to a school district, that consist of a financial profit and loss statement, commodities inventory list, and summary of purchases list, accessible to the public?
NOTE: The identification of the issue in the letter sent by PIPA to Dr. Potas referred to the question of access only to the financial profit and loss statement. The issue of whether the District also must provide public access to the commodities inventory and summary of purchases lists was raised in the letter requesting a Commissioner's opinion, but was inadvertently omitted from the identification of the issue in the letter sent by PIPA to Dr. Potas. PIPA regrets this oversight, but the Commissioner does not believe that these additional items of data sought by Ms. Detloff and Ms. Luschen differ substantially enough from the profit and loss statements, with regard to the issue of public access, to warrant separate opinions. Therefore, the Commissioner will address the issue as a request for access to all three items of data.
Category: Contracts/privatization, Requests for data, Trade secret
Keywords: Contracts/privatization, Requests for data, Trade secret, Written requests, procedures may require, Contracts, Privatization, 13.03 subdivision 11, Trade secrets (13.37)
Commissioner: Debra Rae Anderson