Bill Text: MN SF2409 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 agreementsettling any dispute or other arrangement arising out
2.2of an employment relationship, including (i) a buyout agreement as defined in section
2.3123B.143, subdivision 2
, paragraph (a), (ii) a settlement agreement for a lump sum
2.4payment made in lieu of salary or other compensation, or (iii) any agreement settling any
2.5dispute; except that the agreement must include specific reasons for the agreement if it
2.6involves the payment of more than $10,000 of public money;
2.7 (7) work location; a work telephone number; badge number; work-related continuing
2.8education; and honors and awards received; and
2.9 (8) payroll time sheets or other comparable data that are only used to account for
2.10employee's work time for payroll purposes, except to the extent that release of time sheet
2.11data would reveal the employee's reasons for the use of sick or other medical leave
2.12or other not public data.
2.13 (b) For purposes of this subdivision, a final disposition occurs when the government
2.14entity makes its final decision about the disciplinary action, regardless of the possibility of
2.15any later proceedings or court proceedings. Final disposition includes a resignation by an
2.16individual when the resignation occurs after the final decision of the government entity,
2.17or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.18agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.19or upon the failure of the employee to elect arbitration within the time provided by the
2.20collective bargaining agreement. A disciplinary action does not become public data if an
2.21arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.22 (c) The government entity may display a photograph of a current or former employee
2.23to a prospective witness as part of the government entity's investigation of any complaint
2.24or charge against the employee.
2.25 (d) A complainant has access to a statement provided by the complainant to a
2.26government entity in connection with a complaint or charge against an employee.
2.27 (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
2.28of a complaint or charge against a public official, or if a public official resigns or is
2.29terminated from employment while the complaint or charge is pending, all data relating to
2.30the complaint or charge are public, unless access to the data would jeopardize an active
2.31investigation or reveal confidential sources. For purposes of this paragraph, "public
2.32official" means:
2.33 (1) the head of a state agency and deputy and assistant state agency heads;
2.34 (2) members of boards or commissions required by law to be appointed by the
2.35governor or other elective officers; and
3.1 (3) executive or administrative heads of departments, bureaus, divisions, or
3.2institutions within state government.
3.3EFFECTIVE DATE.This section is effective the day following final enactment
3.4and applies to any agreement entered into or modified after that date.
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
2.2of an employment relationship, including (i) a buyout agreement as defined in section
2.4payment made in lieu of salary or other compensation, or (iii) any agreement settling any
2.5dispute; except that the agreement must include specific reasons for the agreement if it
2.6involves the payment of more than $10,000 of public money;
2.7 (7) work location; a work telephone number; badge number; work-related continuing
2.8education; and honors and awards received; and
2.9 (8) payroll time sheets or other comparable data that are only used to account for
2.10employee's work time for payroll purposes, except to the extent that release of time sheet
2.11data would reveal the employee's reasons for the use of sick or other medical leave
2.12or other not public data.
2.13 (b) For purposes of this subdivision, a final disposition occurs when the government
2.14entity makes its final decision about the disciplinary action, regardless of the possibility of
2.15any later proceedings or court proceedings. Final disposition includes a resignation by an
2.16individual when the resignation occurs after the final decision of the government entity,
2.17or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.18agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.19or upon the failure of the employee to elect arbitration within the time provided by the
2.20collective bargaining agreement. A disciplinary action does not become public data if an
2.21arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.22 (c) The government entity may display a photograph of a current or former employee
2.23to a prospective witness as part of the government entity's investigation of any complaint
2.24or charge against the employee.
2.25 (d) A complainant has access to a statement provided by the complainant to a
2.26government entity in connection with a complaint or charge against an employee.
2.27 (e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation
2.28of a complaint or charge against a public official, or if a public official resigns or is
2.29terminated from employment while the complaint or charge is pending, all data relating to
2.30the complaint or charge are public, unless access to the data would jeopardize an active
2.31investigation or reveal confidential sources. For purposes of this paragraph, "public
2.32official" means:
2.33 (1) the head of a state agency and deputy and assistant state agency heads;
2.34 (2) members of boards or commissions required by law to be appointed by the
2.35governor or other elective officers; and
3.1 (3) executive or administrative heads of departments, bureaus, divisions, or
3.2institutions within state government.
3.3EFFECTIVE DATE.This section is effective the day following final enactment
3.4and applies to any agreement entered into or modified after that date.
