Agenda - Council - 09/25/1990 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I term "final disposition": a final disposition occurs when the state agency, i~tewide system, or political subdivision makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings. Final disposition includes a resignation by any individual when the resignation occurs after the final decision of the state agency, s~tewide system, political subdivision, or arbitrator.~z The recent legislative changes which broadened the definition of public data in the Government Data Practices Act were triggered by the Minnesota Supreme Court decision in Annandale Advocate v. City of Annandale, 435 N.W.2d 24 (Minn. 1989). In the Annandale case, the city council met to discuss discharging the police chief. The police chief had been previously indicted for reckless discharge of a handgun. The city hired an attorney to investigate the charge and prepare an investigative report. The city received the report and held a closed meeting because it believed that employee disciplinary proceedings had to be closed. The city council discussed the report and passed a resolution discharging the police chief. The newspaper sought access to the investigative report regarding the alleged misconduct. The Minnesota Supreme Court held that the report was private data under the Government Data Practices Act since the police chief could not be terminated prior to a Veteran's Preference hearing. The Government Data Practices Act provided that investigatory reports are private data prior to the disposition of a case. The 12 Minn. Stat. Sec. 13.43, subd. 2(b) (1990). 6