1.1.................... moves to amend H.F. No. 2083, the delete everything amendment
1.2(H2083DE2), as follows:
1.3Page 7, delete section 1 and insert:
1.4 "Section 1. Minnesota Statutes 2010, section 13.43, subdivision 2, is amended to read:
1.5 Subd. 2.
Public data. (a) Except for employees described in subdivision 5 and
1.6subject to the limitations described in subdivision 5a, the following personnel data on
1.7current and former employees, volunteers, and independent contractors of a government
1.8entity is public:
1.9 (1) name; employee identification number, which must not be the employee's Social
1.10Security number; actual gross salary; salary range; terms and conditions of employment
1.11relationship; contract fees; actual gross pension; the value and nature of employer paid
1.12fringe benefits; and the basis for and the amount of any added remuneration, including
1.13expense reimbursement, in addition to salary;
1.14 (2) job title and bargaining unit; job description; education and training background;
1.15and previous work experience;
1.16 (3) date of first and last employment;
1.17 (4) the existence and status of any complaints or charges against the employee,
1.18regardless of whether the complaint or charge resulted in a disciplinary action;
1.19 (5) the final disposition of any disciplinary action together with the specific reasons
1.20for the action and data documenting the basis of the action, excluding data that would
1.21identify confidential sources who are employees of the public body;
1.22 (6)
(i) the
complete terms of any agreement
settling any dispute arising out
1.23ofor arrangement resulting from amending, terminating, or otherwise modifying an
1.24employment relationship, including a buyout agreement as defined in section
123B.143,
1.25subdivision 2
, paragraph (a)
; except that the agreementor (ii) an agreement involving
1.26the payment of more than $10,000 of public money or resulting from terminating an
1.27employment relationship that includes a lump sum payment made in lieu of salary or other
2.1compensation must include specific reasons for the agreement
if it involves the payment
2.2of 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), upon completion of an investigation
2.24of a complaint or charge against a public official, or if a public official resigns or is
2.25terminated from employment while the complaint or charge is pending, all data relating to
2.26the complaint or charge are public, unless access to the data would jeopardize an active
2.27investigation or reveal confidential sources. For purposes of this paragraph, "public
2.28official" 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; and
2.32 (3) executive or administrative heads of departments, bureaus, divisions, or
2.33institutions within state government.
2.34EFFECTIVE DATE.This section is effective the day following final enactment
2.35and applies to any agreement entered into or modified after that date."