Government shuts out citizens

It's no secret The Free Press and yours truly objected to what we and our attorney considered a clear violation of the state's data practices act when Blue Earth County did not release the names of county administrator candidates once they became finalists. (Our story).

The county and their human resources person didn't see it that way.

The statute is 13.43. Here's what it says:

Subd. 3.Applicant data.

Except for applicants described in subdivision 5, (which refers to undercover law enforcement) the following personnel data on current and former applicants for employment by a government entity is public: veteran status; relevant test scores; rank on eligible list; job history; education and training; and work availability. Names of applicants shall be private data except when certified as eligible for appointment to a vacancy or when applicants are considered by the appointing authority to be finalists for a position in public employment. For purposes of this subdivision, "finalist" means an individual who is selected to be interviewed by the appointing authority prior to selection.

I highlighted the relevant section.

The Free Press confirmed the candidates had been notified of their status Friday, and in one case, apparently, even Thursday.

But the county wouldn't give us the names Friday, saying the county board had to certify them as finalists.

There's nothing in the law that requires the County Board do that. In fact, the logic of that argument is flawed.

If County Boards had to "certify" finalists, they would never call anyone a finalist, and thus keep everything secret until they appointed somebody.

The Legislature and judges saw the problem with that reasoning. That's why they required the other test: as soon as the applicants are "selected to be interviewed."

The issue is near and dear to our heart because it was our case several years ago against the City of North Mankato that we won, that set up the "finalist" standard.

Stay tuned on this one. It's not over yet.