Bill Text: MN SF1143 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Employment settlement agreements personnel data disclosure modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-03-20 - Second reading [SF1143 Detail]
Download: Minnesota-2013-SF1143-Engrossed.html
1.2relating to data practices; modifying certain provisions related to disclosure of
1.3personnel data;amending Minnesota Statutes 2012, section 13.43, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:
1.6 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.7subject to the limitations described in subdivision 5a, the following personnel data on
1.8current and former employees, volunteers, and independent contractors of a government
1.9entity is public:
1.10 (1) name; employee identification number, which must not be the employee's Social
1.11Security number; actual gross salary; salary range; terms and conditions of employment
1.12relationship; contract fees; actual gross pension; the value and nature of employer paid
1.13fringe benefits; and the basis for and the amount of any added remuneration, including
1.14expense reimbursement, in addition to salary;
1.15 (2) job title and bargaining unit; job description; education and training background;
1.16and previous work experience;
1.17 (3) date of first and last employment;
1.18 (4) the existence and status of any complaints or charges against the employee,
1.19regardless of whether the complaint or charge resulted in a disciplinary action;
1.20 (5) the final disposition of any disciplinary action together with the specific reasons
1.21for the action and data documenting the basis of the action, excluding data that would
1.22identify confidential sources who are employees of the public body;
1.23 (6) the complete terms of any agreement settling any dispute arising out of an
1.24employment relationship, including a buyout agreement as defined in section123B.143,
2.1subdivision 2 , paragraph (a); except that the agreement must include specific reasons for
2.2the agreement if it involves the payment of more than $10,000 of public money;
2.3 (7) work location; a work telephone number; badge number; work-related continuing
2.4education; and honors and awards received; and
2.5 (8) payroll time sheets or other comparable data that are only used to account for
2.6employee's work time for payroll purposes, except to the extent that release of time sheet
2.7data would reveal the employee's reasons for the use of sick or other medical leave
2.8or other not public data.
2.9 (b) For purposes of this subdivision, a final disposition occurs when the government
2.10entity makes its final decision about the disciplinary action, regardless of the possibility of
2.11any later proceedings or court proceedings. Final disposition includes a resignation by an
2.12individual when the resignation occurs after the final decision of the government entity,
2.13or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.14agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.15or upon the failure of the employee to elect arbitration within the time provided by the
2.16collective bargaining agreement. A disciplinary action does not become public data if an
2.17arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.18 (c) The government entity may display a photograph of a current or former employee
2.19to a prospective witness as part of the government entity's investigation of any complaint
2.20or charge against the employee.
2.21 (d) A complainant has access to a statement provided by the complainant to a
2.22government entity in connection with a complaint or charge against an employee.
2.23 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.24completion of an investigation of a complaint or charge against a public official, or if a
2.25public official resigns or is terminated from employment while the complaint or charge is
2.26pending, all data relating to the complaint or charge are public, unless access to the data
2.27would jeopardize an active investigation or reveal confidential sources. For purposes
2.28of this paragraph, "public official" means:
2.29 (1) the head of a state agency and deputy and assistant state agency heads;
2.30 (2) members of boards or commissions required by law to be appointed by the
2.31governor or other elective officers;
2.32 (3) executive or administrative heads of departments, bureaus, divisions, or
2.33institutions within state government; and
2.34(4) the following employees:
2.35(i) the chief administrative officer, or the individual acting in an equivalent position,
2.36in all political subdivisions;
3.1(ii) individuals required to be identified by a political subdivision pursuant to section
3.2471.701
;
3.3(iii) in a city with a population of more than 7,500 or a county with a population
3.4of more than 5,000, individuals in a management capacity reporting directly to the chief
3.5administrative officer or the individual acting in an equivalent position: managers; chiefs;
3.6heads or directors of departments, divisions, bureaus, or boards; and any equivalent
3.7position; and
3.8(iv) in a school district,: business managers,; human resource directors, and; athletic
3.9directors whose duties include at least 50 percent of their time spent in administration,
3.10personnel, supervision, and evaluation; chief financial officers; directors; individuals
3.11defined as superintendents, and principals, and directors under Minnesota Rules, part
3.123512.0100; and in a charter school, individuals employed in comparable positions.
3.13(f) Data relating to a complaint or charge against an employee identified under
3.14paragraph (e), clause (4), are public only if:
3.15(1) the complaint or charge results in disciplinary action or the employee resigns or
3.16is terminated from employment while the complaint or charge is pending; or
3.17(2) potential legal claims arising out of the conduct that is the subject of the
3.18complaint or charge are released as part of a settlement agreementwith another person.
3.19This paragraph and paragraph (e) do not authorize the release of data that are made
3.20not public under other law.
3.21EFFECTIVE DATE.This section is effective the day following final enactment.
1.3personnel data;amending Minnesota Statutes 2012, section 13.43, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 13.43, subdivision 2, is amended to read:
1.6 Subd. 2. Public data. (a) Except for employees described in subdivision 5 and
1.7subject to the limitations described in subdivision 5a, the following personnel data on
1.8current and former employees, volunteers, and independent contractors of a government
1.9entity is public:
1.10 (1) name; employee identification number, which must not be the employee's Social
1.11Security number; actual gross salary; salary range; terms and conditions of employment
1.12relationship; contract fees; actual gross pension; the value and nature of employer paid
1.13fringe benefits; and the basis for and the amount of any added remuneration, including
1.14expense reimbursement, in addition to salary;
1.15 (2) job title and bargaining unit; job description; education and training background;
1.16and previous work experience;
1.17 (3) date of first and last employment;
1.18 (4) the existence and status of any complaints or charges against the employee,
1.19regardless of whether the complaint or charge resulted in a disciplinary action;
1.20 (5) the final disposition of any disciplinary action together with the specific reasons
1.21for the action and data documenting the basis of the action, excluding data that would
1.22identify confidential sources who are employees of the public body;
1.23 (6) the complete terms of any agreement settling any dispute arising out of an
1.24employment relationship, including a buyout agreement as defined in section
2.1subdivision 2
2.2the agreement if it involves the payment of more than $10,000 of public money;
2.3 (7) work location; a work telephone number; badge number; work-related continuing
2.4education; and honors and awards received; and
2.5 (8) payroll time sheets or other comparable data that are only used to account for
2.6employee's work time for payroll purposes, except to the extent that release of time sheet
2.7data would reveal the employee's reasons for the use of sick or other medical leave
2.8or other not public data.
2.9 (b) For purposes of this subdivision, a final disposition occurs when the government
2.10entity makes its final decision about the disciplinary action, regardless of the possibility of
2.11any later proceedings or court proceedings. Final disposition includes a resignation by an
2.12individual when the resignation occurs after the final decision of the government entity,
2.13or arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.14agreements, a final disposition occurs at the conclusion of the arbitration proceedings,
2.15or upon the failure of the employee to elect arbitration within the time provided by the
2.16collective bargaining agreement. A disciplinary action does not become public data if an
2.17arbitrator sustains a grievance and reverses all aspects of any disciplinary action.
2.18 (c) The government entity may display a photograph of a current or former employee
2.19to a prospective witness as part of the government entity's investigation of any complaint
2.20or charge against the employee.
2.21 (d) A complainant has access to a statement provided by the complainant to a
2.22government entity in connection with a complaint or charge against an employee.
2.23 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.24completion of an investigation of a complaint or charge against a public official, or if a
2.25public official resigns or is terminated from employment while the complaint or charge is
2.26pending, all data relating to the complaint or charge are public, unless access to the data
2.27would jeopardize an active investigation or reveal confidential sources. For purposes
2.28of this paragraph, "public official" means:
2.29 (1) the head of a state agency and deputy and assistant state agency heads;
2.30 (2) members of boards or commissions required by law to be appointed by the
2.31governor or other elective officers;
2.32 (3) executive or administrative heads of departments, bureaus, divisions, or
2.33institutions within state government; and
2.34(4) the following employees:
2.35(i) the chief administrative officer, or the individual acting in an equivalent position,
2.36in all political subdivisions;
3.1(ii) individuals required to be identified by a political subdivision pursuant to section
3.3(iii) in a city with a population of more than 7,500 or a county with a population
3.4of more than 5,000
3.5
3.6heads or directors of departments, divisions, bureaus, or boards; and any equivalent
3.7position; and
3.8(iv) in a school district
3.9directors whose duties include at least 50 percent of their time spent in administration,
3.10personnel, supervision, and evaluation; chief financial officers; directors; individuals
3.11defined as superintendents
3.123512.0100; and in a charter school, individuals employed in comparable positions.
3.13(f) Data relating to a complaint or charge against an employee identified under
3.14paragraph (e), clause (4), are public only if:
3.15(1) the complaint or charge results in disciplinary action or the employee resigns or
3.16is terminated from employment while the complaint or charge is pending; or
3.17(2) potential legal claims arising out of the conduct that is the subject of the
3.18complaint or charge are released as part of a settlement agreement
3.19This paragraph and paragraph (e) do not authorize the release of data that are made
3.20not public under other law.
3.21EFFECTIVE DATE.This section is effective the day following final enactment.
