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.
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).
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.
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