MNCOGI v. City of Minneapolis

MNCOGI v. City of Minneapolis data lawsuit

On May 29th, 2024, MNCOGI filed its brief for partial summary judgment in a long-running Data Practices lawsuit against the City of Minneapolis. In 2021, MNCOGI submitted a Data Practices Act request that sought multiple categories of records related to the use of “coaching” by the Minneapolis Police Department (MPD). In response to this request, the City categorically denied access to all such records.

MNCOGI then filed suit, contending that the records were wrongfully withheld — including because coaching is, at least sometimes, being used as a form of disciplinary action within the MPD, and documents related to disciplinary action should be publicly available.

Final disciplinary data is public”

Under the Minnesota Government Data Practices Act (MGDPA), personnel data documenting “the final disposition of any disciplinary action” is public government data. According to the City, however, so-called “coaching”—the most common consequence when an MPD employee is found to have engaged in misconduct—is not discipline in any circumstance, and therefore such records are “private” personnel data.

The City has stated that coaching is only used to address the lowest category of infractions (known as “A-level violations”). However, MNCOGI’s summary judgment brief explains how the MPD has imposed “coaching” even after finding more serious violations of MPD policy—those classified as “B-level” and above. This is despite the City’s own statements that such violations are ineligible for coaching, and despite the MPD’s own Discipline Matrix prescribing various forms of discipline—not coaching—as the baseline consequence for such violations.

Discovery revealed that MPD has disciplined officers and called it coaching

Over the past three years, MNCOGI has been engaged in the discovery process — conducting depositions, and serving interrogatories and document requests as part of its lawsuit. Through that process, MNCOGI has unearthed overwhelming evidence showing that:

1. The City has issued coaching for “B-level” violations and possibly higher — violations which the City and Minneapolis Police Federation consider disciplinary (and thus should trigger data disclosure under the MGDPA when they become final);

2. The Chief of the MPD has issued coaching letters that describe coaching as discipline;

3. Some coaching letters have been maintained in officers’ personnel files, indicating their disciplinary nature;

4. The Minneapolis Police Federation has grieved coaching when MPD has assigned it for “B-level” violations, due to the disciplinary nature of that action.

Despite all of this, responsive data related to these matters was never disclosed to MNCOGI. In addition, the City possesses numerous policy documents that discuss how coaching is used, and which fall within the scope of MNCOGI’s request; but it failed to disclose any of them. In fact, evidence shows that the City summarily closed MNCOGI’s data request in three minutes, without searching for any responsive data.

Brief asks court to find for MNCOGI

In short, the City’s assertions — that “coaching” is never discipline, and that the MPD does not impose coaching for anything beyond the lowest (“A-level”) violations — are simply not true. In fact, coaching has repeatedly been imposed for disciplinary B-level violations; and yet the City has not disclosed associated records as required by the MGDPA. In fact, the City disclosed no records to MNCOGI whatsoever, despite maintaining substantial amounts of responsive data.

Accordingly, MNCOGI has asked the court to resolve the case in its favor (as it pertains to document disclosure), and to preserve certain other issues (such as damages) for trial.

All of these findings are referenced in MNCOGI’s summary judgment brief, which can be read here.

Read more documents in the MNCOGI v. City of Minneapolis lawsuit on our litigation documents page.

Preserving access to DLI data

When the Minnesota Department of Labor, along with the Attorney General and several other state entities, brought forward a bill to create a new “Intergovernmental Misclassification” Partnership entity, the bill language could be read to exempt the new entity from the Data Practices Act. MNCOGI successfully advocated to replace that language with text that expressly states that the new entity is subject to the Act.

Watch the committee hearing: House Judiciary Finance and Civil Law Committee – March 15, 2024

Hennepin County data bill

MNCOGI worked to stop problematic Hennepin County data bills from advancing through the legislative process.

The bills (SF 4949/HF 4647) would have modified the Minnesota Data Practice Act to no longer allow persons making data request to sue government entities for damages, unless the requester was seeking data about themselves, a related minor, or a related deceased individual.  Persons who routinely use the act to unearth data beneficial to the public as a whole — such as journalists and nonprofits — would be barred from bringing claims for damages.  MNCOGI and several others – from data activist Rich Neumeister, to the Minnesota Justice Coalition – raised concerns about the legislation, and the bills failed to receive hearings during the 2024 session.

Read MNCOGI’s comments about the legislation here.

Minnesota Open Meeting Law

MNCOGI pursued initiatives to improve Minnesota’s Open Meeting Law (OML), and also worked to curb problematic OML legislation.

In 2022, the Hennepin County Board of Directors voted to terminate the broadcasting of public comments made during the Board’s meetings. Other entities — such as the Roseville School Board — soon followed suit.  Since then, MNCOGI has worked with groups on both sides of the political aisle to return these government entities to their prior broadcasting practices, so that citizens watching government meeting broadcasts can view those meetings in their entirety.

This year, MNCOGI worked with the American Federation of State, County, and Municipal Employees (AFSCME) to bring forward legislation (SF 4297/HF 4120) to ensure gavel-to-gavel broadcast standards when government entities choose to broadcast their open meetings.  The Senate bill received a hearing, but not the House bill.

Watch the committee hearing: Committee on State and Local Government and Veterans – March 19, 2024

Read MNCOGI’s written submission here.

MNCOGI also testified in support of SF 4132, which sought to increase penalties for non-compliance with Minnesota’s Open Meeting Law, and to strengthen related legal remedies.  The bill was heard in two Senate committees.

Watch the committee hearings:

Committee on State and Local Government and Veterans – March 19, 2024

Committee on Judiciary and Public Safety – March 22, 2024

Read MNCOGI’s written submission here.

The 2024 session also included bills that would have had a negative impact on public meeting access.  Two bills came forward (SF 4461 and HF 4413) that sought to modify the OML to remove the requirement that members of public bodies attending open meetings had to appear in publicly accessible places (subject to limited exceptions). While MNCOGI encourages the broadcasting of open meetings, it has also sought to preserve the “in person” open meeting experience that Minnesota law has required for decades.  MNCOGI opposed broad roll-backs of in-person public access to open meeting participants, and worked to draft much more narrow, alternative language.  Neither bill advanced beyond initial hearings.

Read MNCOGI’s written submission on SF 4461 here.

Watch the committee hearing on HF 4413: House State and Local Government Finance and Policy Committee

Read MNCOGI’s written submission on HF 4413 here.


Attorney General data

MNCOGI spokesperson Don Gemberling testified before the Legislative Commission on Data Practices regarding problems with the Minnesota Supreme Court’s new interpretation of the Attorney General’s data classification statute. Two years ago, the Court issued a 4-3 decision that reversed forty years of interpretive practice, and provided the Attorney General with expanded discretion to withhold data about its operations.

The Data Practices Commission (which holds hearings related to open government and other data matters) took testimony on the court’s opinion, as well as on a bill (HF 2480) designed to return the Attorney General’s statute to its former effect. MNCOGI spokesperson Don Gemberling testified about the problems with limiting public access to information relating to the state’s top law enforcement officer, and spoke to the history of the statute from the standpoint of someone who was closely involved in its initial formulation.

Watch the committee hearing here:


Read MNCOGI’s written submissions here:

MNCOGI comments to the Commission on Data Practices

MNCOGI Written Testimony in Support of HF 2480

Public Record Media & MNCOGI Amicus Brief in EPA