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<br />LAW OFFICES OF <br />PETERSON, BELL, CONVERSE & JENSEN, P.A. <br /> <br />Erwin A. Peterson <br />Robert C. Bell <br />Willard L. Converse <br />Roger A. Jensen <br />Kurt F. Walther <br />James C. Erickson* <br />David S. Anderson <br />Thomas D. McCormick* <br />Carol A. Baldwin <br />Scott B. Crossman <br />Caroline Bell Beckman <br />Cindy L. Davis <br /> <br />3000 Metropolitan Centre <br />333 South Seventh Street <br />Minneapolis, Minnesota 55402-2441 <br /> <br />Telephone (612) 342-2323 <br />Facsimile (612) 344-1535 <br /> <br />NORTH SUBURBAN OFFICE <br />310 Rosedale Towers <br />1700 West Highway 36 <br />Roseville, MN 55113-4015 <br /> <br />November <br /> <br /> <br />*AlsoadmittedinWisconsin <br /> <br />REPLY TO MINNEAPOLIS <br /> <br />Mr. Steve North <br />Assistant City Manager <br />City of Roseville <br />2660 Civic Center Drive <br />Roseville, Minnesota 55113 <br /> <br />Re: Roseville Human Rights Commission/ <br />Data Practices Act <br />Our File No. 1011 19 <br /> <br />Dear Steve: <br /> <br />You have asked for an opinion regarding whether or not the <br />Commission's files on matters which are handled under the no fault <br />grievance process are public data under the Minnesota Data <br />Practices Act. <br /> <br />Generally, the Commission's files on open cases which are being <br />investigated by the Commission or which are being handled under the <br />no fault grievance process are private data until the investigation <br />or the grievance process has been completed. At that time, most <br />documents which are part of the Commission's file become public <br />data, Examples of that public data would be: correspondence, <br />minutes of meetings, copies of agreements, written position papers <br />of the parties, etc. The Commissioners' individual notes should be <br />retained by the Commissioners and those notes are not public data. <br /> <br />In addition, Commissioners are not required to disclose their own <br />private recollections, reasons or opinions. If a Commissioner is <br />contacted by a party or a third party regarding such matters, I <br />recommend that the Commissioner decline to discuss such matters. <br />If a Commissioner is subpoenaed to testify in a court proceedings, <br />an administrative proceedings or to give a deposition, the <br />Commission member should contact you and you, in turn, should <br />contact our office to determine how to proceed. A motion to quash <br />the subpoena may be appropriate depending on the circumstances. If <br />a motion to quash is not made, at the very least the Commission <br />member should have the City attorney present during the testimony. <br /> <br />M~~~:' <br />