Bill Text: MN SF2409 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Education employment settlement agreements involving the payment of public money public data definition clarification
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2012-04-18 - HF substituted on General Orders HF2647 [SF2409 Detail]
Download: Minnesota-2011-SF2409-Engrossed.html
1.2relating to education; clarifying the definition of public data relating to
1.3agreements involving payment of public money;amending Minnesota Statutes
1.42010, section 13.43, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 13.43, subdivision 2, is amended to read:
1.7 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.8subject to the limitations described in subdivision 5a, the following personnel data on
1.9current and former employees, volunteers, and independent contractors of a government
1.10entity is public:
1.11 (1) name; employee identification number, which must not be the employee's Social
1.12Security number; actual gross salary; salary range; terms and conditions of employment
1.13relationship; contract fees; actual gross pension; the value and nature of employer paid
1.14fringe benefits; and the basis for and the amount of any added remuneration, including
1.15expense reimbursement, in addition to salary;
1.16 (2) job title and bargaining unit; job description; education and training background;
1.17and previous work experience;
1.18 (3) date of first and last employment;
1.19 (4) the existence and status of any complaints or charges against the employee,
1.20regardless of whether the complaint or charge resulted in a disciplinary action;
1.21 (5) the final disposition of any disciplinary action together with the specific reasons
1.22for the action and data documenting the basis of the action, excluding data that would
1.23identify confidential sources who are employees of the public body;
2.1 (6) the terms of any agreement settling any dispute arising out of an employment
2.2relationship, including a buyout agreement as defined in section123B.143, subdivision 2 ,
2.3paragraph (a); except that the agreement must include specific reasons for the agreement if
2.4it involves the payment of more than $10,000 of public money; for purposes of this clause,
2.5the specific reasons must include a description of the substantive basis and a reasonable
2.6description of the facts prompting the agreement, except to the extent disclosure would
2.7reveal information on the health condition of the employee;
2.8 (7) work location; a work telephone number; badge number; work-related continuing
2.9education; and honors and awards received; and
2.10 (8) payroll time sheets or other comparable data that are only used to account for
2.11employee's work time for payroll purposes, except to the extent that release of time sheet
2.12data would reveal the employee's reasons for the use of sick or other medical leave
2.13or other not public data.
2.14 (b) For purposes of this subdivision, a final disposition occurs when the government
2.15entity makes its final decision about the disciplinary action, regardless of the possibility of
2.16any later proceedings or court proceedings. Final disposition includes a resignation by an
2.17individual when the resignation occurs after the final decision of the government entity,
2.18or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.19agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.20or upon the failure of the employee to elect arbitration within the time provided by the
2.21collective bargaining agreement. A disciplinary action does not become public data if an
2.22arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.23 (c) The government entity may display a photograph of a current or former employee
2.24to a prospective witness as part of the government entity's investigation of any complaint
2.25or charge against the employee.
2.26 (d) A complainant has access to a statement provided by the complainant to a
2.27government entity in connection with a complaint or charge against an employee.
2.28 (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
2.29of a complaint or charge against a public official, or if a public official resigns or is
2.30terminated from employment while the complaint or charge is pending, all data relating to
2.31the complaint or charge are public, unless access to the data would jeopardize an active
2.32investigation or reveal confidential sources. For purposes of this paragraph, "public
2.33official" means:
2.34 (1) the head of a state agency and deputy and assistant state agency heads;
2.35 (2) members of boards or commissions required by law to be appointed by the
2.36governor or other elective officers;and
3.1 (3) executive or administrative heads of departments, bureaus, divisions, or
3.2institutions within state government;
3.3(4) individuals defined as superintendents, principals, and directors under Minnesota
3.4Rules, part 3512.0100; school district business managers and human resource directors;
3.5and individuals employed in comparable positions in charter schools; and
3.6(5) an employee of a political subdivision acting in a managerial capacity as defined
3.7in section 43A.02, subdivision 28, or a similar capacity to those identified in clauses
3.8(1) to (3).
1.3agreements involving payment of public money;amending Minnesota Statutes
1.42010, section 13.43, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 13.43, subdivision 2, is amended to read:
1.7 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.8subject to the limitations described in subdivision 5a, the following personnel data on
1.9current and former employees, volunteers, and independent contractors of a government
1.10entity is public:
1.11 (1) name; employee identification number, which must not be the employee's Social
1.12Security number; actual gross salary; salary range; terms and conditions of employment
1.13relationship; contract fees; actual gross pension; the value and nature of employer paid
1.14fringe benefits; and the basis for and the amount of any added remuneration, including
1.15expense reimbursement, in addition to salary;
1.16 (2) job title and bargaining unit; job description; education and training background;
1.17and previous work experience;
1.18 (3) date of first and last employment;
1.19 (4) the existence and status of any complaints or charges against the employee,
1.20regardless of whether the complaint or charge resulted in a disciplinary action;
1.21 (5) the final disposition of any disciplinary action together with the specific reasons
1.22for the action and data documenting the basis of the action, excluding data that would
1.23identify confidential sources who are employees of the public body;
2.1 (6) the terms of any agreement settling any dispute arising out of an employment
2.2relationship, including a buyout agreement as defined in section
2.3paragraph (a); except that the agreement must include specific reasons for the agreement if
2.4it involves the payment of more than $10,000 of public money; for purposes of this clause,
2.5the specific reasons must include a description of the substantive basis and a reasonable
2.6description of the facts prompting the agreement, except to the extent disclosure would
2.7reveal information on the health condition of the employee;
2.8 (7) work location; a work telephone number; badge number; work-related continuing
2.9education; and honors and awards received; and
2.10 (8) payroll time sheets or other comparable data that are only used to account for
2.11employee's work time for payroll purposes, except to the extent that release of time sheet
2.12data would reveal the employee's reasons for the use of sick or other medical leave
2.13or other not public data.
2.14 (b) For purposes of this subdivision, a final disposition occurs when the government
2.15entity makes its final decision about the disciplinary action, regardless of the possibility of
2.16any later proceedings or court proceedings. Final disposition includes a resignation by an
2.17individual when the resignation occurs after the final decision of the government entity,
2.18or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.19agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.20or upon the failure of the employee to elect arbitration within the time provided by the
2.21collective bargaining agreement. A disciplinary action does not become public data if an
2.22arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.23 (c) The government entity may display a photograph of a current or former employee
2.24to a prospective witness as part of the government entity's investigation of any complaint
2.25or charge against the employee.
2.26 (d) A complainant has access to a statement provided by the complainant to a
2.27government entity in connection with a complaint or charge against an employee.
2.28 (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
2.29of a complaint or charge against a public official, or if a public official resigns or is
2.30terminated from employment while the complaint or charge is pending, all data relating to
2.31the complaint or charge are public, unless access to the data would jeopardize an active
2.32investigation or reveal confidential sources. For purposes of this paragraph, "public
2.33official" means:
2.34 (1) the head of a state agency and deputy and assistant state agency heads;
2.35 (2) members of boards or commissions required by law to be appointed by the
2.36governor or other elective officers;
3.1 (3) executive or administrative heads of departments, bureaus, divisions, or
3.2institutions within state government;
3.3(4) individuals defined as superintendents, principals, and directors under Minnesota
3.4Rules, part 3512.0100; school district business managers and human resource directors;
3.5and individuals employed in comparable positions in charter schools; and
3.6(5) an employee of a political subdivision acting in a managerial capacity as defined
3.7in section 43A.02, subdivision 28, or a similar capacity to those identified in clauses
3.8(1) to (3).
