Agenda - Council - 03/26/1991 - Laserfiche WebLink

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TO: FROM: DATE: RE: MEMORANDUM Ramsey City Council William K. Goodrich, City Attorney March 20, 1991 Open Meeting Law/Data Practices Act in Hiring Process This Memorandum is in response to several questions regarding the interviewing/hiring process of a new City Administrator for the city of Ramsey. Of particular concern are the various issues arising in the apparent conflict between the Open Meeting Law and the Government Data Practices Act. Ms. Sandra Ashley Helling, acting city Administrator, has also inquired under what circumstances a "meeting" is subject to the requirements of the Open Meeting Law. Municipalities have not been the only entities to struggle with the difficult issue regarding the apparent conflict between the Open Meeting Law and the Minnesota Government Data Practices Act. Both the courts, through judicial interpretation, and the legislature by amendment, have repeatedly attempted to reconcile the conflicting public policies regarding the two statutory creations. Simply stated, the Minnesota Government Data Practices Act provides that all data collected, maintained or received by a public body on individuals is private or confidential. Minn. Stat. §13.03, subd. 1 (1988). On the other hand, the Open Meeting Law broadly mandates that public bodies are to meet in public. Minn. Stat. §471.705, subd. 1 (1988). Meetings subject to the Open Meeting Law include those meetings of committees and subcommittees so that a governing body cannot evade the Open Meeting Law by calling itself a subcommittee. St. Cloud Newspapers, Inc. vs. District 742 Community Schools, 332 N.W.2d 1, 7 (Minn. 1983). Analyzing the Open Meeting Law in conjunction with the Data Privacy Act, as they relate to interviewing and hiring a new City Administrator, necessitates a brief overview of each act individually. First, although the Minnesota Government Data Practices Act simply states that all government data "shall be public" the standard is modified by extensive exceptions and limitations which recognize non-public, private or confidential government data. In the context of applicants for public employment, only the following data on either current or former applicants is public data for purposes of the Minnesota Government Data Practices Act: veteran's status; relevant test scores; rank on eligible job lists; job history; education and training; and work availability. Minn. Stat. §13.43, subd. 3 (1988).