AFSCME Contract - MMB Home - Minnesota Management & Budget

200 Centennial Office Building
658 Cedar Street
St. Paul, MN 55155
651.259.3637
TTY 651.282.2699
www.doer.state.mn.us
August 7, 1995
Mr. Peter Benner
Executive Director
AFSCME, Council No. 6, AFL-CIO
256 Lafayette Road
St. Paul, MN 55107-1683
Dear Mr. Benner:
During the 1995-1997 negotiations between the State and AFSCME, the State agreed to
provide a letter explaining our understanding of employees’ rights to access and contest
information in personnel and supervisor files under the statutes. This letter is not grievable or
arbitrable and is subject to future changes under the law. Under the provisions of the Minnesota
Data Practices Act, an employee has the right to access personnel data and to authorize
release of such data to representatives, provided that the data is specific to the individual
making the request and provided that the data have not been designated as confidential or
protected non-public. In State agencies, personnel data on employees is maintained by Human
Resource offices and management/supervisory staff. The contents of these personnel files,
other than any data designated as confidential or protected non-public, shall be disclosed to the
employee upon request and in accordance with agency procedures. Questions pertaining to the
contents of these files should be brought to the attention of the person responsible for
maintaining the data.
Additionally, an employee has the right to formally contest the accuracy or completeness of this
data. To exercise this right the employee is required to notify the responsible authority in writing
describing the nature of the disagreement. Within 30 days the responsible authority must either
1) correct the data found to be inaccurate or incomplete or 2) notify the individual that they
believe the data to be correct. This determination may then be appealed pursuant to the
Administrative Procedure Act relating to contested cases. Further details are set forth in Minn.
Stat., Section 13.04, subd. 4, and Minn. Rules, Chapter 1205 and are subject to future changes
in the law or rule. Employees do not have any unilateral right to decide what materials should
be place in their personnel file - only to contest whether the data placed there by the responsible
authority is complete and accurate.
Sincerely,
John Kuderka /s/
Deputy State Negotiator
Labor Relations/Compensation Division
Equal Opportunity Employer
Minnesota Department of Employee Relations
2013-2015 AFSCME Contract – Page 158