Bill Text: MN HF3048 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Government entity personnel data disclosure requirements clarified.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-03-13 - Introduction and first reading, referred to Civil Law [HF3048 Detail]
Download: Minnesota-2013-HF3048-Introduced.html
1.2relating to data practices; clarifying requirements related to disclosure of certain
1.3personnel data; amending Minnesota Statutes 2013 Supplement, section 13.43,
1.4subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 13.43, subdivision 2, is
1.7amended to read:
1.8 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.9subject to the limitations described in subdivision 5a, the following personnel data on
1.10current and former employees, volunteers, and independent contractors of a government
1.11entity is public:
1.12 (1) name; employee identification number, which must not be the employee's Social
1.13Security number; actual gross salary; salary range; terms and conditions of employment
1.14relationship; contract fees; actual gross pension; the value and nature of employer paid
1.15fringe benefits; and the basis for and the amount of any added remuneration, including
1.16expense reimbursement, in addition to salary;
1.17 (2) job title and bargaining unit; job description; education and training background;
1.18and previous work experience;
1.19 (3) date of first and last employment;
1.20 (4) the existence and status of any complaints or charges against the employee,
1.21regardless of whether the complaint or charge resulted in a disciplinary action;
1.22 (5) the final disposition of any disciplinary action together with the specific reasons
1.23for the action and data documenting the basis of the action, excluding data that would
1.24identify confidential sources who are employees of the public body;
2.1 (6) the complete terms of any agreement settling any dispute arising out of an
2.2employment relationship, including a buyout agreement as defined in section123B.143,
2.3subdivision 2 , paragraph (a); except that the agreement must include specific reasons for
2.4the agreement if it involves the payment of more than $10,000 of public money in a lump
2.5sum, through a series of payments, or through any other financial arrangement;
2.6 (7) work location; a work telephone number; badge number; work-related continuing
2.7education; and honors and awards received; and
2.8 (8) payroll time sheets or other comparable data that are only used to account for
2.9employee's work time for payroll purposes, except to the extent that release of time sheet
2.10data would reveal the employee's reasons for the use of sick or other medical leave
2.11or other not public data.
2.12 (b) For purposes of this subdivision, a final disposition occurs when the government
2.13entity makes its final decision about the disciplinary action, regardless of the possibility of
2.14any later proceedings or court proceedings. Final disposition includes a resignation by an
2.15individual when the resignation occurs after the final decision of the government entity,
2.16or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.17agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.18or upon the failure of the employee to elect arbitration within the time provided by the
2.19collective bargaining agreement. A disciplinary action does not become public data if an
2.20arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.21 (c) The government entity may display a photograph of a current or former employee
2.22to a prospective witness as part of the government entity's investigation of any complaint
2.23or charge against the employee.
2.24 (d) A complainant has access to a statement provided by the complainant to a
2.25government entity in connection with a complaint or charge against an employee.
2.26 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.27completion of an investigation of a complaint or charge against a public official, or if a
2.28public official resigns or is terminated from employment while the complaint or charge is
2.29pending, all data relating to the complaint or charge are public, unless access to the data
2.30would jeopardize an active investigation or reveal confidential sources. For purposes
2.31of this paragraph, "public official" means:
2.32 (1) the head of a state agency and deputy and assistant state agency heads;
2.33 (2) members of boards or commissions required by law to be appointed by the
2.34governor or other elective officers;
2.35 (3) executive or administrative heads of departments, bureaus, divisions, or
2.36institutions within state government; and
3.1(4) the following employees:
3.2(i) the chief administrative officer, or the individual acting in an equivalent position,
3.3in all political subdivisions;
3.4(ii) individuals required to be identified by a political subdivision pursuant to section
3.5471.701
;
3.6(iii) in a city with a population of more than 7,500 or a county with a population of
3.7more than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus,
3.8or boards; and any equivalent position; and
3.9(iv) in a school district: business managers; human resource directors; athletic
3.10directors whose duties include at least 50 percent of their time spent in administration,
3.11personnel, supervision, and evaluation; chief financial officers; directors; individuals
3.12defined as superintendents and principals under Minnesota Rules, part 3512.0100; and in a
3.13charter school, individuals employed in comparable positions.
3.14(f) Data relating to a complaint or charge against an employee identified under
3.15paragraph (e), clause (4), are public only if:
3.16(1) the complaint or charge results in disciplinary action or the employee retires,
3.17 resigns, or is terminated from employment while the complaint or charge is pending; or
3.18(2) potential legal claims arising out of the conduct that is the subject of the
3.19complaint or charge are released as part of a settlement agreement.
3.20This paragraph and paragraph (e) do not authorize the release of data that are made
3.21not public under other law.
3.22EFFECTIVE DATE.This section is effective the day following final enactment.
1.3personnel data; amending Minnesota Statutes 2013 Supplement, section 13.43,
1.4subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2013 Supplement, section 13.43, subdivision 2, is
1.7amended to read:
1.8 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.9subject to the limitations described in subdivision 5a, the following personnel data on
1.10current and former employees, volunteers, and independent contractors of a government
1.11entity is public:
1.12 (1) name; employee identification number, which must not be the employee's Social
1.13Security number; actual gross salary; salary range; terms and conditions of employment
1.14relationship; contract fees; actual gross pension; the value and nature of employer paid
1.15fringe benefits; and the basis for and the amount of any added remuneration, including
1.16expense reimbursement, in addition to salary;
1.17 (2) job title and bargaining unit; job description; education and training background;
1.18and previous work experience;
1.19 (3) date of first and last employment;
1.20 (4) the existence and status of any complaints or charges against the employee,
1.21regardless of whether the complaint or charge resulted in a disciplinary action;
1.22 (5) the final disposition of any disciplinary action together with the specific reasons
1.23for the action and data documenting the basis of the action, excluding data that would
1.24identify confidential sources who are employees of the public body;
2.1 (6) the complete terms of any agreement settling any dispute arising out of an
2.2employment relationship, including a buyout agreement as defined in section
2.3subdivision 2
2.4the agreement if it involves the payment of more than $10,000 of public money in a lump
2.5sum, through a series of payments, or through any other financial arrangement;
2.6 (7) work location; a work telephone number; badge number; work-related continuing
2.7education; and honors and awards received; and
2.8 (8) payroll time sheets or other comparable data that are only used to account for
2.9employee's work time for payroll purposes, except to the extent that release of time sheet
2.10data would reveal the employee's reasons for the use of sick or other medical leave
2.11or other not public data.
2.12 (b) For purposes of this subdivision, a final disposition occurs when the government
2.13entity makes its final decision about the disciplinary action, regardless of the possibility of
2.14any later proceedings or court proceedings. Final disposition includes a resignation by an
2.15individual when the resignation occurs after the final decision of the government entity,
2.16or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.17agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.18or upon the failure of the employee to elect arbitration within the time provided by the
2.19collective bargaining agreement. A disciplinary action does not become public data if an
2.20arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.21 (c) The government entity may display a photograph of a current or former employee
2.22to a prospective witness as part of the government entity's investigation of any complaint
2.23or charge against the employee.
2.24 (d) A complainant has access to a statement provided by the complainant to a
2.25government entity in connection with a complaint or charge against an employee.
2.26 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.27completion of an investigation of a complaint or charge against a public official, or if a
2.28public official resigns or is terminated from employment while the complaint or charge is
2.29pending, all data relating to the complaint or charge are public, unless access to the data
2.30would jeopardize an active investigation or reveal confidential sources. For purposes
2.31of this paragraph, "public official" means:
2.32 (1) the head of a state agency and deputy and assistant state agency heads;
2.33 (2) members of boards or commissions required by law to be appointed by the
2.34governor or other elective officers;
2.35 (3) executive or administrative heads of departments, bureaus, divisions, or
2.36institutions within state government; and
3.1(4) the following employees:
3.2(i) the chief administrative officer, or the individual acting in an equivalent position,
3.3in all political subdivisions;
3.4(ii) individuals required to be identified by a political subdivision pursuant to section
3.6(iii) in a city with a population of more than 7,500 or a county with a population of
3.7more than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus,
3.8or boards; and any equivalent position; and
3.9(iv) in a school district: business managers; human resource directors; athletic
3.10directors whose duties include at least 50 percent of their time spent in administration,
3.11personnel, supervision, and evaluation; chief financial officers; directors; individuals
3.12defined as superintendents and principals under Minnesota Rules, part 3512.0100; and in a
3.13charter school, individuals employed in comparable positions.
3.14(f) Data relating to a complaint or charge against an employee identified under
3.15paragraph (e), clause (4), are public only if:
3.16(1) the complaint or charge results in disciplinary action or the employee retires,
3.17 resigns, or is terminated from employment while the complaint or charge is pending; or
3.18(2) potential legal claims arising out of the conduct that is the subject of the
3.19complaint or charge are released as part of a settlement agreement.
3.20This paragraph and paragraph (e) do not authorize the release of data that are made
3.21not public under other law.
3.22EFFECTIVE DATE.This section is effective the day following final enactment.
