400-406 Public and Private Personnel Data
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 406
SERIES: 400 Employees/Personnel
SUBJECT: 406 Public and Private Personnel Data
The following definitions shall be used to clarify this policy:
- “Public” means that the data is available to anyone who requests it.
- “Private” means the data is available to the subject of the data and to school district staff who need it to conduct the business of the school district.
- “Confidential” means the data is not available to the subject.
- “Personnel data” means data on individuals collected because they are or were employees of the school district, or an individual was an applicant for employment, volunteers for the school district, or is a member of or applicant for an advisory board or commission.
All data on individuals collected, created, received, maintained or disseminated by the school district, which is classified by statute or federal law as public, shall be accessible to the public pursuant to the procedures established by the school district.
All other data on individuals is private or confidential.
PUBLIC PERSONNEL DATA
The following information on employees, including volunteers and independent contractors, is public:
- actual gross salary;
- salary range;
- contract fees;
- actual gross pension;
- the value and nature of employer-paid fringe benefits;
- the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary;
- job title;
- job description;
- education and training background;
- previous work experience;
- date of first and last employment;
- the existence and status of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action;
- the final disposition of any disciplinary action, as defined in M.S. 13.43, Subd.1(b), together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the school district;
- the terms of any agreement settling any dispute arising out of the employment relationship, including superintendent buyout agreements, except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money;
- work location;
- work telephone number;
- badge number;
- honors and awards received; and
- payroll time sheets or other comparable data that are used only to account for employee’s work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other non public data.
Names of applicants for employment are private data except when certified as eligible for appointment to a vacancy or when they become finalists for a position.
PRIVATE PERSONNEL DATA
All other personnel data is private and will only be shared with school district staff whose work requires such access. Private data will not be otherwise released unless authorized by law or by the employee’s informed written consent.
Data created, collected or maintained by the school district to administer employee assistance programs are private.
If data on individuals is classified as both private and confidential by any state or federal law, the data is private.
The school district may display a photograph of a current or former employee to prospective witnesses as part of the school district’s investigation of any complaint or charge against the employee.
The school district may, if the responsible authority reasonably determines that the release of personnel data is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, release data that are relevant to the concerns for safety to:
- The person who may be harmed and to the attorney representing the person when the data is relevant to obtaining a restraining order;
- A pre-petition screening team conducting an investigation of the employee under M.S. 253B.07, subd. 1; or
- A court, law enforcement agency, or prosecuting authority.
The school district shall make a report to the Board of Teaching or the State Board of Education as required by Minnesota law. The school district shall, also, upon written request from the licensing board having jurisdiction over a teacher’s license, provide that board with information as specified in Minnesota law.
M.S. Ch. 13 (MN Government Data Practices Act)
M.S. 13.02 (Definitions)
M.S. 13.37 (General Nonpublic Data)
M.S. 13.39 (Civil Investigation Data)
M.S. 13.43 (Personnel Data)
M.S. 122A.20, Subd. 2 (Mandatory Reporting)