| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to Metropolitan Council; modifying government data classification of |
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| 3 | 3 | | 1.3 investigative information pertaining to certain Metropolitan Council personnel; |
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| 4 | 4 | | 1.4 amending Minnesota Statutes 2024, section 13.43, subdivision 2. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2.Public data.(a) Except for employees described in subdivision 5 and subject |
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| 8 | 8 | | 1.8to the limitations described in subdivision 5a, the following personnel data on current and |
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| 9 | 9 | | 1.9former employees, volunteers, and independent contractors of a government entity is public: |
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| 10 | 10 | | 1.10 (1) name; employee identification number, which must not be the employee's Social |
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| 11 | 11 | | 1.11Security number; actual gross salary; salary range; terms and conditions of employment |
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| 12 | 12 | | 1.12relationship; contract fees; actual gross pension; the value and nature of employer paid |
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| 13 | 13 | | 1.13fringe benefits; and the basis for and the amount of any added remuneration, including |
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| 14 | 14 | | 1.14expense reimbursement, in addition to salary; |
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| 15 | 15 | | 1.15 (2) job title and bargaining unit; job description; education and training background; |
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| 16 | 16 | | 1.16and previous work experience; |
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| 17 | 17 | | 1.17 (3) date of first and last employment; |
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| 18 | 18 | | 1.18 (4) the existence and status of any complaints or charges against the employee, regardless |
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| 19 | 19 | | 1.19of whether the complaint or charge resulted in a disciplinary action; |
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| 20 | 20 | | 1.20 (5) the final disposition of any disciplinary action together with the specific reasons for |
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| 21 | 21 | | 1.21the action and data documenting the basis of the action, excluding data that would identify |
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| 22 | 22 | | 1.22confidential sources who are employees of the public body; |
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| 23 | 23 | | 1Section 1. |
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| 34 | 31 | | 2.2relationship, including a buyout agreement as defined in section 123B.143, subdivision 2, |
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| 35 | 32 | | 2.3paragraph (a); except that the agreement must include specific reasons for the agreement if |
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| 36 | 33 | | 2.4it involves the payment of more than $10,000 of public money; |
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| 37 | 34 | | 2.5 (7) work location; a work telephone number; badge number; work-related continuing |
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| 38 | 35 | | 2.6education; and honors and awards received; and |
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| 39 | 36 | | 2.7 (8) payroll time sheets or other comparable data that are only used to account for |
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| 40 | 37 | | 2.8employee's work time for payroll purposes, except to the extent that release of time sheet |
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| 41 | 38 | | 2.9data would reveal the employee's reasons for the use of sick or other medical leave or other |
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| 42 | 39 | | 2.10not public data. |
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| 43 | 40 | | 2.11 (b) For purposes of this subdivision, a final disposition occurs when the government |
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| 44 | 41 | | 2.12entity makes its final decision about the disciplinary action, regardless of the possibility of |
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| 45 | 42 | | 2.13any later proceedings or court proceedings. Final disposition includes a resignation by an |
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| 46 | 43 | | 2.14individual when the resignation occurs after the final decision of the government entity, or |
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| 47 | 44 | | 2.15arbitrator. In the case of arbitration proceedings arising under collective bargaining |
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| 48 | 45 | | 2.16agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or |
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| 49 | 46 | | 2.17upon the failure of the employee to elect arbitration within the time provided by the collective |
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| 50 | 47 | | 2.18bargaining agreement. A disciplinary action does not become public data if an arbitrator |
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| 51 | 48 | | 2.19sustains a grievance and reverses all aspects of any disciplinary action. |
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| 52 | 49 | | 2.20 (c) The government entity may display a photograph of a current or former employee |
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| 53 | 50 | | 2.21to a prospective witness as part of the government entity's investigation of any complaint |
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| 54 | 51 | | 2.22or charge against the employee. |
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| 55 | 52 | | 2.23 (d) A complainant has access to a statement provided by the complainant to a government |
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| 56 | 53 | | 2.24entity in connection with a complaint or charge against an employee. |
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| 57 | 54 | | 2.25 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon |
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| 58 | 55 | | 2.26completion of an investigation of a complaint or charge against a public official, or if a |
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| 59 | 56 | | 2.27public official resigns or is terminated from employment while the complaint or charge is |
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| 60 | 57 | | 2.28pending, all data relating to the complaint or charge are public, unless access to the data |
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| 61 | 58 | | 2.29would jeopardize an active investigation or reveal confidential sources. For purposes of this |
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| 62 | 59 | | 2.30paragraph, "public official" means: |
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| 63 | 60 | | 2.31 (1) the head of a state agency and deputy and assistant state agency heads; |
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| 64 | 61 | | 2.32 (2) members of boards or commissions required by law to be appointed by the governor |
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| 65 | 62 | | 2.33or other elective officers; |
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| 66 | 63 | | 2Section 1. |
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| 69 | 66 | | 3.3 (3) (4) executive or administrative heads of departments, bureaus, divisions, or institutions |
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| 70 | 67 | | 3.4within state government; and |
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| 71 | 68 | | 3.5 (4) (5) the following employees: |
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| 72 | 69 | | 3.6 (i) the chief administrative officer, or the individual acting in an equivalent position, in |
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| 73 | 70 | | 3.7all political subdivisions; |
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| 74 | 71 | | 3.8 (ii) individuals required to be identified by a political subdivision pursuant to section |
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| 75 | 72 | | 3.9471.701; |
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| 76 | 73 | | 3.10 (iii) in a city with a population of more than 7,500 or a county with a population of more |
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| 77 | 74 | | 3.11than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus, or |
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| 78 | 75 | | 3.12boards; and any equivalent position; and |
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| 79 | 76 | | 3.13 (iv) in a school district: business managers; human resource directors; athletic directors |
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| 80 | 77 | | 3.14whose duties include at least 50 percent of their time spent in administration, personnel, |
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| 81 | 78 | | 3.15supervision, and evaluation; chief financial officers; directors; individuals defined as |
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| 82 | 79 | | 3.16superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter |
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| 83 | 80 | | 3.17school, individuals employed in comparable positions.; and |
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| 84 | 81 | | 3.18 (v) in the Metropolitan Council, a public corporation and political subdivision of the |
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| 85 | 82 | | 3.19state established under chapter 473: the chair of the Metropolitan Council appointed by the |
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| 86 | 83 | | 3.20governor; the regional administrator appointed as the principal administrative officer by the |
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| 87 | 84 | | 3.21Metropolitan Council under section 473.125; the deputy regional administrator; the general |
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| 88 | 85 | | 3.22counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the |
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| 89 | 86 | | 3.23executive heads of divisions, including the general managers and executive directors; the |
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| 90 | 87 | | 3.24executive head responsible for compliance with Equal Employment Opportunity provisions |
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| 91 | 88 | | 3.25of federal law; and the chief law enforcement officer of the Metropolitan Transit Police |
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| 92 | 89 | | 3.26appointed by the regional administrator under section 473.407, subdivision 4. |
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| 93 | 90 | | 3.27 (f) Data relating to a complaint or charge against an employee identified under paragraph |
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| 94 | 91 | | 3.28(e), clause (4) (5), are public only if: |
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| 95 | 92 | | 3.29 (1) the complaint or charge results in disciplinary action or the employee resigns or is |
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| 96 | 93 | | 3.30terminated from employment while the complaint or charge is pending; or |
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| 97 | 94 | | 3.31 (2) potential legal claims arising out of the conduct that is the subject of the complaint |
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| 98 | 95 | | 3.32or charge are released as part of a settlement agreement. |
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| 99 | 96 | | 3Section 1. |
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