1.1 A bill for an act
1.2 relating to Metropolitan Council; modifying government data classification of
1.3 investigative information pertaining to certain Metropolitan Council personnel;
1.4 amending Minnesota Statutes 2024, section 13.43, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:
1.7 Subd. 2.Public data.(a) Except for employees described in subdivision 5 and subject
1.8to the limitations described in subdivision 5a, the following personnel data on current and
1.9former employees, volunteers, and independent contractors of a government entity 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, regardless
1.19of 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 for
1.21the action and data documenting the basis of the action, excluding data that would identify
1.22confidential sources who are employees of the public body;
1Section 1.
REVISOR MS H1596-1HF1596 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1596
NINETY-FOURTH SESSION
Authored by Acomb and Freiberg02/26/2025
The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
Adoption of Report: Amended and re-referred to the Committee on Elections Finance and Government Operations03/24/2025 2.1 (6) the complete terms of any agreement settling any dispute arising out of an employment
2.2relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
2.3paragraph (a); except that the agreement must include specific reasons for the agreement if
2.4it involves the payment of more than $10,000 of public money;
2.5 (7) work location; a work telephone number; badge number; work-related continuing
2.6education; and honors and awards received; and
2.7 (8) payroll time sheets or other comparable data that are only used to account for
2.8employee's work time for payroll purposes, except to the extent that release of time sheet
2.9data would reveal the employee's reasons for the use of sick or other medical leave or other
2.10not public data.
2.11 (b) For purposes of this subdivision, a final disposition occurs when the government
2.12entity makes its final decision about the disciplinary action, regardless of the possibility of
2.13any later proceedings or court proceedings. Final disposition includes a resignation by an
2.14individual when the resignation occurs after the final decision of the government entity, or
2.15arbitrator. In the case of arbitration proceedings arising under collective bargaining
2.16agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
2.17upon the failure of the employee to elect arbitration within the time provided by the collective
2.18bargaining agreement. A disciplinary action does not become public data if an arbitrator
2.19sustains a grievance and reverses all aspects of any disciplinary action.
2.20 (c) The government entity may display a photograph of a current or former employee
2.21to a prospective witness as part of the government entity's investigation of any complaint
2.22or charge against the employee.
2.23 (d) A complainant has access to a statement provided by the complainant to a government
2.24entity in connection with a complaint or charge against an employee.
2.25 (e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
2.26completion of an investigation of a complaint or charge against a public official, or if a
2.27public official resigns or is terminated from employment while the complaint or charge is
2.28pending, all data relating to the complaint or charge are public, unless access to the data
2.29would jeopardize an active investigation or reveal confidential sources. For purposes of this
2.30paragraph, "public official" means:
2.31 (1) the head of a state agency and deputy and assistant state agency heads;
2.32 (2) members of boards or commissions required by law to be appointed by the governor
2.33or other elective officers;
2Section 1.
REVISOR MS H1596-1HF1596 FIRST ENGROSSMENT 3.1 (3) members of the Metropolitan Council appointed by the governor under section
3.2473.123, subdivision 3;
3.3 (3) (4) executive or administrative heads of departments, bureaus, divisions, or institutions
3.4within state government; and
3.5 (4) (5) the following employees:
3.6 (i) the chief administrative officer, or the individual acting in an equivalent position, in
3.7all political subdivisions;
3.8 (ii) individuals required to be identified by a political subdivision pursuant to section
3.9471.701;
3.10 (iii) in a city with a population of more than 7,500 or a county with a population of more
3.11than 5,000: managers; chiefs; heads or directors of departments, divisions, bureaus, or
3.12boards; and any equivalent position; and
3.13 (iv) in a school district: business managers; human resource directors; athletic directors
3.14whose duties include at least 50 percent of their time spent in administration, personnel,
3.15supervision, and evaluation; chief financial officers; directors; individuals defined as
3.16superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
3.17school, individuals employed in comparable positions.; and
3.18 (v) in the Metropolitan Council, a public corporation and political subdivision of the
3.19state established under chapter 473: the chair of the Metropolitan Council appointed by the
3.20governor; the regional administrator appointed as the principal administrative officer by the
3.21Metropolitan Council under section 473.125; the deputy regional administrator; the general
3.22counsel appointed by the Metropolitan Council under section 473.123, subdivision 8; the
3.23executive heads of divisions, including the general managers and executive directors; the
3.24executive head responsible for compliance with Equal Employment Opportunity provisions
3.25of federal law; and the chief law enforcement officer of the Metropolitan Transit Police
3.26appointed by the regional administrator under section 473.407, subdivision 4.
3.27 (f) Data relating to a complaint or charge against an employee identified under paragraph
3.28(e), clause (4) (5), are public only if:
3.29 (1) the complaint or charge results in disciplinary action or the employee resigns or is
3.30terminated from employment while the complaint or charge is pending; or
3.31 (2) potential legal claims arising out of the conduct that is the subject of the complaint
3.32or charge are released as part of a settlement agreement.
3Section 1.
REVISOR MS H1596-1HF1596 FIRST ENGROSSMENT 4.1 This paragraph and paragraph (e) do not authorize the release of data that are made not
4.2public under other law.
4Section 1.
REVISOR MS H1596-1HF1596 FIRST ENGROSSMENT