Laserfiche WebLink
House Research Department Updated: July 2010 <br />Minnesota Government Data Practices Act: An Overview Page 14 <br /> <br /> <br />Public Employee <br />Sanctions <br />Willful violation of the act by a public employee is just cause for <br />suspension without pay or dismissal from employment. (Minn. Stat. § <br />13.09) <br />Failure to Comply <br />with <br />Commissioner’s <br />Opinion <br />A government entity that fails to act in conformity with an opinion <br />issued to that entity by the Commissioner of Administration must be <br />ordered to pay a complainant’s reasonable attorney’s fees, if the <br />contents of the opinion are directly related to the matter under dispute. <br />In actions involving the administrative process described above, the <br />attorney fee award is capped at $5,000. (Minn. Stat. §§ 13.08, subd. 4; <br />13.085, subd. 6) <br />Immunities A government entity or other person is immune from civil and criminal <br />liability for releasing data that are not public, if the data is released <br />pursuant to a court order, including an order issued by an <br />administrative law judge. (Minn. Stat. § 13.08, subd. 5) <br />A government entity or other person that acts in conformity with an <br />order issued by an administrative law judge is not liable for <br />compensatory or exemplary damages, or awards of attorney fees in a <br />civil action, and is not subject to a criminal penalty for acting in <br />conformity with the order. (Minn. Stat. § 13.085, subd. 5, para. (f)) <br />A government entity or other person that conforms to a written opinion <br />of the Commissioner of Administration is not liable for compensatory <br />or exemplary damages, or awards of attorney fees in a civil action, and <br />is not subject to a criminal penalty for acting in conformity with the <br />opinion. (Minn. Stat. § 13.072, subd. 2) <br />Frivolous Claims If a court finds that a claim brought in district court to compel <br />compliance with the act is frivolous, the court is permitted to award <br />costs and attorney fees to the affected government entity. (Minn. Stat. § <br />13.08, subd. 4) <br />If an administrative law judge determines that a complaint filed is <br />frivolous or brought for purposes of harassment, the judge must order <br />that the complainant pay the government entity’s reasonable attorney’s <br />fees, up to $5,000. (Minn. Stat. § 13.085, subd. 6) <br />