Advisory Opinion 02-053

Note: Minnesota Rules part 9575.0200 provides more information about the County Merit System referenced in this opinion.

This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.

Facts and Procedural History:

On November 18, 2002, IPAD received a letter from Michael T. Rengel, an attorney for Clay County. In this letter, Mr. Rengel asked the Commissioner to issue an advisory opinion regarding the classification of certain data maintained by Clay County. Mr. Rengel's request required clarification and additional information. A summary of the facts of this matter follows.

According to Mr. Rengel, Clay County took disciplinary action against an employee. The employee appealed the discipline to the County Merit System, but resigned prior to any decision. The employee resigned unconditionally and without any settlement offer or input on behalf of Clay County. The County maintains the following data related to the discipline: letters of reprimand, letters notifying the employee of suspension, internal investigation notes, and independent investigator notes.

Issue:

In his request for an opinion, Mr. Rengel asked the Commissioner to address the following issue:

Discussion:

Data on public employees are termed personnel data and are classified at Minnesota Statutes, section 13.43. Public personnel data are listed in subdivision 2; pursuant to subdivision 4, all other personnel data are private.

Pursuant to section 13.43, subdivision 2(a), clauses (4) and (5), the following personnel data are public: the existence and status of any complaints or charges against an employee, regardless of whether the complaint or charge resulted in a disciplinary action; and the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body.

Pursuant to section 13.43, subdivision 2(b):

For purposes of this subdivision, a final disposition occurs when the [government entity] makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the [government entity] or arbitrator. [Emphasis added.]

Here, the employee resigned before the Merit System made its final decision, so there is no final disposition of the disciplinary action. If no final disposition regarding a disciplinary action has occurred, then the only data that are public are the name of the employee, and the existence and status of the complaint or charge. Details of the nature and type of the complaint or charge, and other detailed data relating to the investigation, do not become public in this type of situation, because there is no final disposition of the disciplinary action.

Opinion:

Based on the facts and information provided, my opinion on the issue raised by Mr. Rengel is as follows:

Signed:

David F. Fisher
Commissioner

Dated:December 26, 2002