WINNEBAGO - A state advisory panel will review an investigator's report stemming from allegations brought by Winnebago's city administrator against the City Council.
The Sentinel asked City Attorney Douglas Johanson and League of Minnesota Cities Insurance Trust attorney Julie Fleming-Wolfe to consider sending a copy of the report to the Minnesota Department of Administration's Information Policy Analysis Division (IPAD).
Fleming-Wolfe previously determined the entire report fell under the Data Practices Act and would not be released to anyone other than the mayor of Winnebago and Johanson.
Fleming-Wolfe has since agreed to the Sentinel's request and recently sent the report to IPAD.
"I reviewed the investigator's report at the mayor's request in order to make a determination whether or not the report could be released to the public," Fleming-Wolfe wrote in her cover letter. "I determined that the report could not be released to the public because it contained allegations that had not been substantiated so there was no discipline, and because it includes a substantial amount of private data under (state statute), and the private data was too intertwined with any public data so as to be incapable of reasonable redaction."
Fleming-Wolfe stated local media and some city employees objected to the non-release of the report and that they have stated intentions of pursuing legal action in court.
"In an effort to avoid litigation and resolve this matter, the city has agreed to seek an opinion from you regarding whether the report is public or private data and whether it can be released to the public," she wrote.
IPAD only reviews Data Practices and Open Meeting Law violation issues. The copy of the report remains private in its hands. If IPAD determines the report can be released to the public, that decision relieves the city of liability under Data Practices.
Catherine Scott, senior policy analyst with IPAD, said her department has requested clarification of Fleming-Wolfe's request.
State law says IPAD must issue an opinion within 20 days of receipt of the request, but may extend the deadline for a 30-day period with good cause. A letter from IPAD says it will extend the deadline by 30 days because of "limited resources."
The opinion must be issued by March 23.
Scott clarified that the Commissioner of Administration will not provide redactions on the report, but will only give opinions and guidance.