5.1. ERMUSR 03-08-2011 - Laserfiche WebLink

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On occasion, a complaint will result in a city taking disciplinary action against an employee. Prior to what is called a "final disposition" only the existence and status of the complaint are public. Once a final disposition occurs, then the disciplinary action is public along with specific reasons for the action and data documenting the basis for the action. It is important to note that if no disciplinary action is taken, no final disposition occurs. When this happens, only the existence and status of the complaint are public. When discipline is imposed, the key is determining when the disposition is final. For anon-union employee, final disposition occurs when a city makes its final decision about discipline. For a union employee, if arbitration under a union contract is a possibility, final disposition occurs at the end of the arbitration proceedings or at the expiration of the time period during which arbitration may be requested. Other Issues to Note While there are probably as many potential data practices issues and questions as there are Minnesota cities, some issues tend to come up repeatedly. Some of the more common data practices issues and considerations are noted in the following sections. Elected Officials The Act addresses data on applicants for election or appointment separate from personnel data. However, the Responsible Authority may determine that elected and appointed officials are to be treated as employees for purposes of applying the Act. In that case, both the personnel data noted in the Act and the Following are considered public data on applicants for election or appointment: name, city of residence, education and training, employment history, volunteer work, awards and honors, and prior government service or experience. Law Enforcement Data Law enforcement agencies are responsible for a tremendous amount of data. Both because of the frequency with which law enforcement data are requested and because of the potentially sensitive nature of the data, it is essential to have a well thought-out policy documenting procedures for requesting and releasing law enforcement data. The following describes the classification of commonly requested law enforcement data: "Request for service data" are collected or created when a member of the public requests law enforcement services. Request for service data are public data and include data on the nature of the request or activity complained of, the name and address of the person making the request, the time and date of the request, and the response initiated by the law enforcement agency. The audio recording of a 91 I call made to request service from a law enforcement, fire, or medical agency is private data with respect to the individual making the call. However, a written transcript of the audio tape is public, unless it reveals the identity of an individual who is entitled to privacy. "Response or incident data" are collected or created by a law enforcement agency documenting the agency's response to a request for service or describing actions taken by the agency on its own initiative. Response or incident data are public data and include the date, time, and place of the