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2006 Minnesota Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagmn0003 and id is 1 raw text is: GOVERNMENT DATA: Where members of governing body are considered employees of governmental unit, personal information submitted by applicants for appointment to fill vacancies on the body is private personnel data except for items designated as public by Minn. Stat. § 13.43, subd. 3 and 13.601, subd. 3. 852 July 14, 2006 Terry Adkins Rochester City Attorney 201-4th Street SE, Room 247 Rochester, MN 55904-3780 Dear Mr. Adkins: Thank you for your correspondence of January 27, 2006 requesting an opinion from the Attorney General with respect to the issue discussed below. FACTS AND BACKGROUND You state that prior to 2005, in cities that considered council members to be city employees, data pertaining to persons seeking appointment to fill vacancies in council positions was classified as personnel data pursuant to Minn. Stat. § 13.43, subd. 3. This treatment was based on opinions of the Commissioner of Administration dated November 29, 1999 and May 7, 2003. In 2005, the legislature adopted Minn. Stat. § 13.601, subd. 3 which states: The following data on all applicants for election or appointment to a public body, including those subject to chapter 13D, are public: name, city of residence, education and training, employment history, volunteer work, awards and honors, and prior government service or experience. On November 18, 2005, the Commissioner of Administration issued an Opinion 05-036, which concluded that Minn. Stat. § 13.601, subd. 3 merely restated in part the general presumption that all government data are public, and did not have the effect of classifying any data not mentioned in the subdivision as other than public. The Commissioner further concluded that, since no other provisions of law provided for classification of contact information for city council applicants or candidates, all data pertaining to applicants or candidates maintained by the city must be considered public.

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