New Reporters' Wallet Cards.
MNA Attorney Mark Anfinson has written the four different wallet cards that reporters can carry and know what to do in a number of situations that they typically face.
There’s one card on getting data from Minnesota courts, another on the Minnesota Open Meeting Law, a third on getting law enforcement and government data and the final card tells what to do if reporters are asked to reveal a source or turn over any unpublished material.
The date on the back of each card indicates the date of the most recent law change for that card.
Order your cards today. Click here for order form.
GATHERING NEWS
MINNESOTA OPEN MEETING LAW
LAW ENFORCEMENT AND GOVERNMENT DATA
DATA FROM MINNESOTA COURTS
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GATHERING NEWS
SHIELD LAW: If you are asked to reveal a source, OR to turn over any unpublished material: You may refuse.
CONFIDENTIAL SOURCES: The Shield Law (Minnesota Statutes §595.023-024) and probably the state and federal constitutions, absolutely protect your confidential sources unless a court has ordered you to disclose such information after a separate hearing. No official, judge, sheriff, police officer, attorney or other individual, with or without a subpoena, can otherwise compel you to reveal the identity of sources. Contact your editor and the newspaper’s attorney immediately if anyone demands to see or obtain such information.
OTHER UNPUBLISHED INFORMATION: Amendments enacted by the 1998 Legislature make clear that in state courts, the Shield Law protection for confidential sources also applies to unpublished information, even if it doesn’t identify a confidential source. And in Minnesota federal courts there continues to be strong protection for unpublished information as well, based on the First Amendment. If you receive a demand for unpublished information and don’t want to comply, contact the newspaper’s attorney.
AT THE SCENE of a disaster, accident, arrest, etc.
1. Find the responsible authority, identify yourself and tell him/her what you
need to do.
2. You generally must respect police and fire department lines unless given
permission to cross them.
3. You may take notes and photos or conduct interviews on any public street,
sidewalk or most other public property. You may take photos of private or
restricted property from public property, provided they do not involve a gross
invasion of privacy.
You may generally enter onto private outdoor property if there is no
indication (a “No Trespassing” sign, for example) that visitors are not welcome,
but you must leave such property at the occupant’s request, or you could face
trespassing charges, even if fire department or law enforcement officials are
conducting an operation on that private property and have invited you along. If
you enter an occupied building without the occupant’s permission, you could also
be exposed to trespass charges.
MINNESOTA OPEN MEETING LAW
Minnesota’s Open Meeting Law (Minn. Statutes, Chap. 13D) contains a presumption that the meetings of all public bodies and their committees are open. Where appropriate, object to closing a meeting and ask that your objection be included in the record of the meeting. Insist that you be given an explanation on the record of the specific law permitting the secret meeting and the subject to be discussed (the statute requires them to do this). If the body’s attorney is present, ask that he/she give an opinion on whether the Open Meeting Law allows the session to be held in secret.
You might remind the members that improperly closing a meeting can result in civil fines and substantial attorney fees.
Effective 8/1/08, public bodies are required to record all closed meetings, except for those closed under the attorney-client privilege (#1 below). The timing of public access to a recording varies according to the specific exception used and the character of the data recorded.
The only reasons a public meeting may be closed: (The first five occur regularly, the remainder only occasionally or rarely.)
- To consult with the public body’s attorney on pending litigation (not just threatened). If the attorney is not present, the meeting can never be closed for this type of discussion.
- For “preliminary consideration of charges” against an employee; subsequent meetings must be open (though school boards may close most formal hearings on teacher and student discipline).
- To evaluate an employee’s performance (public body must give a report on its conclusions at next open meeting).
- To discuss strategy for labor negotiations during contract negotiations with a public employee union these meetings must be tape-recorded, and the time and place must be announced at an open meeting.
- Strategy sessions relating to the purchase or sale of property; this exception includes several checks and balances, including specific identification of the property, and final approval of the transaction at an open meeting.
- To discuss internal affairs data relating to allegations of law enforcement personnel misconduct.
- To discuss active criminal investigative data.
- To discuss educational data (about students), health data, medical data, welfare data or mental health data.
- To discuss data that would identify victims or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable adults.
- When a public hospital board is considering marketing strategy.
- Quasi-judicial proceedings conducted by state agencies.
- The Director of the State Bureau of Mediation Services may close meetings of public bodies in labor union mediation situations.
- Discussion of “security” matters (this exception is also subject to a number of checks and balances, including identification of “the facilities, systems, procedures, services, or infrastructures” to be discussed, and a requirement that financial issues related to security matters be discussed and financial decisions be made at an open meeting).
IT IS NOT LEGAL FOR A PUBLIC BODY TO CLOSE A MEETING SIMPLY TO DISCUSS “PERSONNEL MATTERS.” ONE OF THE ABOVE SPECIFIC EXCEPTIONS MUST APPLY.
If, despite your objection, the public body continues to want you out, and you are not satisfied that the meeting can be legally closed, do not provoke a confrontation. Leave the meeting and consult your editor or the newspaper’s attorney.
AGENDA MATERIALS: The public body must make available to the
public during a meeting at least one copy of any materials used by or available
to members of the public body for that meeting. HOWEVER, this requirement does
not apply to data classified by law as not public. Members of public bodies are
permitted to act by reference to a letter, number, or other designation to avoid
revealing not public data (e.g., “Student A”), though they are not required to
do so.
LAW ENFORCEMENT AND GOVERNMENT DATA
ACCESS TO GOVERNMENT DATA (other than court data)
Minnesota Statutes 13.03 states that all government records are public unless
the law specifically classifies them otherwise. Public employees/officials must
allow anyone to inspect public data without charge and regardless of how it is
stored “upon request.” If denied access, inform the person that Section 13.03
requires him/her to cite the specific law that makes the data secret. Keep a
copy of Section 13.03 with you and bring your request to supervisors of the
government office if you are denied access improperly.
The law does not require you to put a request in writing. An oral request is sufficient. The agency may require you to pay for copying and compiling data, only if you request copies. The fee must be reasonable (and, for 100 or fewer copies, cannot exceed 25¢ per page). You can also copy the records yourself. No fee may be charged for simply inspecting records, or for separating public from not public data.
If the agency continues to withhold data, or charges an unreasonable fee, consult your editor or your newspaper’s attorney.
Information on Public Employees: Personnel Data
A public agency cannot legally refuse to give you information simply because it
is “personnel data.” The following (and more) information about any public
employee (public school teacher, police officer, city manager, state employee)
are public data and must be released upon request, according to Minnesota
Statutes 13.43: Name, actual gross salary, salary range, actual gross pension,
contract fees, the value and nature of employer-paid fringe benefits, the basis
for and amount of any added remuneration, including expense reimbursement, job
title, job description, education and training background, previous work
experience, date of first and last employment, work location, work telephone
number, badge number, honors and awards received, payroll time sheets,
the existence and status of any complaints or charges against the
employee, whether or not the complaint or charge resulted in a disciplinary
action, the final disposition of any disciplinary action, the specific reasons
for the disciplinary action, data documenting the basis of the action, and the
terms of any agreement settling any dispute arising out of the employment
relationship or a buyout agreement. However, most other information
about individual employees is not public.
Law Enforcement Data: Arrests
The arresting agency is required by law (Minnesota Statutes 13.82, subd. 2) to
disclose the following information immediately (they cannot legally delay
releasing the information pending filing of charges, notification of relatives,
or for any other reason):
The name, age, sex and last known address of any adult (the age and sex of any juvenile) arrested, cited, jailed or held; the time, date and place of the action; any resistance encountered; any pursuit engaged in; whether weapons were used by any party; the charge, warrant or other legal basis for the action; and other information. Keep a copy of Section 13.82, to show law enforcement officers.
Law Enforcement Data: Incident Reports
Law enforcement agencies are required by Minnesota Statutes 13.82, SUBD. 6, to
disclose all of the following information about actions in which the agency was
involved. Disclosure must be prompt, and there are very few exceptions to
disclosure; the fact that the matter is under investigation is not an exception:
Date, time, and place of action; agencies, units, and officers participating; whether there was pursuit, resistance or weapons involved; names and addresses of witnesses, victims, and casualties; name and location of health care facility where victims were taken; response or incident report number; whether the parties involved in a traffic accident were wearing seatbelts and the blood alcohol concentration of each driver; and a “brief factual reconstruction of events.” (ICRs are public because they usually contain this information.)
Law Enforcement Data: Search and Arrest Warrants
Search warrants, arrest warrants, and documents used to request or support them
(such as applications and affidavits) are almost invariably public once filed
with the court. Minnesota Rule of Criminal Procedure 33.04 states that warrants
and supporting documents “shall be filed with the court,” subject to only two
exceptions: (1) Search warrants and related documents need not be filed until
after execution of the search or the expiration of 10 days (whichever is
earlier). (2) The prosecuting attorney may ask the judge in writing that the
documents supporting a request for a warrant not be filed. This may be granted
under certain conditions, but if it is, the supporting documents for an arrest
warrant must be filed as soon as the arrest warrant has been executed, and the
supporting documents for a search warrant must be filed once the criminal
proceeding using evidence from the search has been commenced (or as the judge
otherwise directs).
DATA FROM MINNESOTA COURTS
COURTS: Attempts to close a courtroom
Object immediately, directly to the judge if possible. Suggested objection:
“Your honor, I am a reporter for (identify newspaper) and I wish to register on
the record an objection to the motion to close this proceeding to the public,
including the press. Federal and state court decisions, including Minneapolis
Star & Tribune Co. vs. Kammeyer, Northwest Publications, Inc. vs. Anderson
and Minneapolis Star and Tribune Co. vs. Schumacher require a separate hearing
before the courtroom is closed. I respectfully request such a hearing and a
temporary recess so our attorney can be present to make the appropriate
arguments.”
Criminal vs. civil cases: The judge is clearly required to hold a separate hearing when closing the court in criminal cases. The requirement is not as clear in civil cases, but a strong objection and request for a hearing will often be successful.
Juvenile Proceedings: Juvenile court proceedings and records are almost never open to the public. However, hearings and trials involving 16- and 17-year-olds charged with a felony-level crime are an exception; you can attend these, and you must also be allowed access to records relating to such proceedings. In addition, the judge may allow attendance at ANY juvenile court hearing, but it is strictly at the judge’s discretion.
Attempts to close court records: Object using the same language as that for courtroom closure. In a criminal case, the judge is required to hold a separate hearing before closing records; in a civil case, the requirement is not as clear, but a strong objection and request for a hearing will often be successful.
Routine review of court records: Unless there is a court order closing them, the custodian of records must allow you to inspect nearly all court records, case files and otherwise. The Rules of Access to Judicial Records require the custodian to allow you to review the original records promptly at the time you make the request, or to explain why they are not immediately available. You do not have to request information in writing unless the request is complex or involves a large volume of records. Copying is almost always allowed for a reasonable fee.
Special court proceedings: There are special rules covering certain types of proceedings which can restrict normal court access, including the following: criminal sexual conduct cases when the victim is a minor, grand juries, adoption, paternity, custody of children, and mental and drug abuse commitment cases. Consult your newspaper’s attorney.
If a judge orders you not to publish: Such orders are almost never legal, but consult your editor and/or the newspaper’s attorney before publishing information in violation of such an order. Even though the order is illegal, you can be held in contempt of court if you publish the information before the order is overturned.
If a judge issues a gag order: While it is not legal to
“gag” the press, a judge can, in certain cases, order persons such as lawyers,
witnesses and jurors not to talk to the press. You may nonetheless interview
these people and print what they tell you if they do talk, but always be careful
of libel in such situations.