IPAD's Bi-Monthly Data Practices Update

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MARCH 2016

Advisory Opinion Update

Data on a board member/employee

In Advisory Opinion 16-001, a school district asked about the classification of data in a Notice of Removal sent to a school board member who was also a former employee of the District. The Notice of Removal stemmed from a complaint against the individual in his capacity both as an employee and as a school board member. The District stated that it does not consider school board members to be employees for purposes of the Data Practices Act. The Commissioner opined that the data in the Notice of Removal are related to the individual’s conduct as a school board member and therefore are presumed public.


2016 Legislative Session

Minnesota Capitol

The Minnesota Legislature convened its 2016 session on March 8. Although it will be a short session due to Capitol renovation, a number of bills related to data practices, privacy, transparency and open meetings have been introduced.

Our May newsletter will provide more detailed information about the Legislature’s discussion of data practices and open meeting related bills. To track bills under consideration by the Legislature, visit the Revisor's “Bills” page (http://www.leg.state.mn.us/leg/legis).

 


Case Law Update

Appellant requested copies of all data pertaining to an internal investigation by Respondent school district into alleged wrongdoing by the district superintendent, and copies of any complaints or charges made in appellant’s name. Respondent denied the request on the basis that the data are private personnel data because there had been no final disposition of discipline against the superintendent. The Court of Appeals affirmed that the data are properly classified as not public, and that Appellant was not entitled to the data as the complainant under Minn. Stat. § 13.43, subd. 8(d) because her original theory of the case rested on the complaints having been sent by an unknown third party.

Powers v. Wabasha-Kellogg Independent School District No. 811, A15-0911 (Minn. Ct. App., Feb. 1, 2016).

After engaging in disruptive behavior at an open city council meeting, Appellant was removed by police and charged with disorderly conduct under Minn. Stat. § 609.72, subd. 1(2). Appellant challenged the constitutionality of the statute, arguing that it violates the First Amendment on the basis that it is void for vagueness and also an overly-broad prohibition on the freedom of speech. The Court of Appeals ruled that the statute is not vague because the type of behavior it restricts is clear from an examination of the statute’s context and intent and that the statute does not violate the First Amendment.

State of Minnesota v. Hensel, A15-0005 (Minn. Ct. App., Jan. 25, 2016).


Upcoming IPAD workshops

Law Enforcement Data Workshop – April 13, 2016

IPAD will host a Law Enforcement Data workshop on Wednesday, April 13. This full-day workshop provides an overview of classifications and requirements regarding law enforcement data, as stated in Minn. Stat. § 13.82 and other statutes relating to juvenile delinquency data and traffic accidents. Because this is a specialized workshop, IPAD recommends that attendees without prior experience working with law enforcement data first attend IPAD’s Introduction to Data Practices workshop before enrolling in this workshop.

Save the Date!

Do's and Don'ts of Government Personnel Data Workshop on May 11, 2016

Save the date for IPAD's Personnel Data workshop on Wednesday, May 11. This full-day workshop will provide an overview on classifications and requirements regarding personnel data, as stated in Minn. Stat. § 13.43, including issues related to employee investigations and discipline. Because this is a specialized workshop, IPAD recommends that attendees without prior experience working with personnel data attend IPAD’s Introduction to Data Practices workshop before enrolling in this workshop.

MN Admin / Information Policy Analysis Division