The minutes of the Board meeting contain the same statement. The Board did not provide any further details about the performance evaluation. In his response to the Commissioner, Mr. Ratwick stated that the School Board could not have released additional information, pursuant to section 13.43. Mr. Ratwick cited Minnesota case law in support of the District's position that no additional information could be made public. Certain data about public employees are classified as public, and all other personnel data are private, pursuant to section 13.43, subdivisions 2 and 4.
Data relating to the performance evaluation of a public employee are private data.
The public body shall identify the individual to be evaluated prior to closing a meeting. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation . A meeting must be open at the request of the individual who is the subject of the meeting. Data that are not public data may be discussed at a meeting subject to this section without liability or penalty, if the disclosure relates to a matter within the scope of the public body's authority and is reasonably necessary to conduct the business or agenda item before the public body. Mr. Anfinson stated that the above-cited provisions of section 471.705, subdivision 1d, explicitly provide for the disclosure of a summary of the evaluation data discussed at a meeting closed to evaluate the performance of the superintendent.