Purpose

• Change how data about government employees, volunteers, and independent contractors is classified under Minnesota’s data practices law. The bill focuses on what data about these workers should be public versus not public, aiming to increase transparency while protecting certain sensitive information.

Main scope and categories of data

• The bill lists specific items that would be public data for current and former employees, volunteers, and independent contractors of a government entity. These include:
  • Name, employee identification number (while ensuring it is not the Social Security number)
  • Salary details (actual gross salary, salary range), terms and conditions of employment, relationship to the government (employment, contract, etc.), and any contract fees or pension details
  • Employer-paid benefits, added remuneration, and expense reimbursements
  • Job title, bargaining unit, job description, education/training background, and prior work experience
  • Dates of first and last employment, and the existence/status of any complaints or charges against the employee
  • Final disposition of disciplinary actions with specific reasons, and data showing the basis for the action (excluding data that would identify confidential sources)
  • Complete terms of any settlement or buyout agreements (with specific reasons if more than $10,000 of public money is involved)
  • Work location, work telephone number, badge number, work-related continuing education, and honors/awards
  • Payroll time sheets or similar data used for payroll, with some exceptions for medical or sick leave reasons
• Note: These items are public “except for employees described in subdivision 5 and subject to subdivision 5a,” meaning some employees may have different privacy protections.

Data not public and exceptions

• The bill creates privacy protections for certain data and for certain categories of employees. It identifies who is covered by public-data rules and who may have data kept private.
• It also clarifies that some information must remain private if releasing it would jeopardize an active investigation or reveal confidential sources, or if other laws designate it as not public.

Disciplinary actions and final disposition

• Final disposition rules determine when disciplinary action becomes public data:
  • It becomes public when the government makes its final decision about the disciplinary action.
  • In arbitration, final disposition occurs at the end of arbitration or if the employee declines arbitration under the applicable agreement.
  • If an arbitrator sustains a grievance and reverses all aspects of the disciplinary action, the disciplinary action may not become public data.
• There are special provisions about displaying a photograph of an employee to a prospective witness during an investigation.

Access for complainants and during investigations

• A complainant can access a statement they gave to the government entity in connection with a complaint or charge.
• Upon completion of an investigation into a complaint or charge against a public official (and in some cases if the official resigns or is terminated), data related to the complaint or charge become public unless doing so would jeopardize an active investigation or reveal confidential sources.
• A “public official” includes high-ranking state officials, agency heads, board and commission members, Metropolitan Council members, and other defined leaders in state and local government.

Public officials and covered personnel

• The bill defines who counts as a public official for data purposes, including heads of agencies, deputy/assistant heads, board/commission members, Metropolitan Council leaders, and other senior administrative or executive positions in state government and certain local governments.
• It also lists specific roles within political subdivisions, school districts, and the Metropolitan Council/Metropolitan Council-affiliated entities that are subject to these data rules.

Additional provisions and clarifications

• Data about complaints or charges against an employee identified under the public data rules are public only if:
  • The complaint or charge leads to disciplinary action, or
  • The employee resigns or is terminated while the complaint is pending, or
  • Certain settlements release potential legal claims arising from the conduct, and the release does not conflict with other laws.
• The bill does not authorize releasing data that is not public under other laws.

Significant changes to existing law

• Broadens which personnel data about government employees can be public and specifies a wide range of data elements that may be disclosed.
• Introduces nuanced final-disposition rules for disciplinary actions, including arbitration implications.
• Establishes procedural specifics for access to complainant statements and for public access to certain investigation data involving public officials.
• Defines who is considered a public official for purposes of data classification and disclosure.
• Addresses the handling of data related to settlements and buyouts, including when such data must be disclosed.

Relevant Terms - employee identification number - Social Security number (SSN) - public data / not public data - final disposition - disciplinary action - arbitration - complainant - statement (from complainant) - public official - government entity - Metropolitan Council - buyout agreement - data relating to complaints or charges - confidential sources - data disclosure / data release - investigation (active investigation) - rights of access for complainants - salary information (actual gross salary, salary range) - terms and conditions of employment - contract fees - fringe benefits - work location, badge number, work telephone number - payroll time sheets - education and training background - job description and duties - date of first/last employment - existence and status of complaints or charges - final decision and reasons for disciplinary action - settlements and potential legal claims - public official definitions and scope