839 N.W.2d 527
Minn.2013Background
- Independent School District 2142 contracted with Johnson Controls to provide design, engineering, commissioning, and construction-management services for school construction/renovation projects; Johnson subcontracted architectural services to Architectural Resources.
- Timberjay publisher Marshall Helmberger requested, under the Minnesota Government Data Practices Act (Data Practices Act), Johnson’s subcontract with Architectural Resources; Johnson refused.
- The Commissioner of Administration issued an advisory opinion that Johnson was subject to the Act because it was performing a governmental function; Johnson nonetheless withheld the subcontract.
- Helmberger filed a complaint at the Office of Administrative Hearings; the ALJ dismissed the complaint, finding Helmberger failed to prove Johnson performed a governmental function.
- The court of appeals reversed, concluding Johnson was performing a government function under a broad Mace definition; the Minnesota Supreme Court granted review.
- The Supreme Court held the subcontract is not public under the Data Practices Act and reversed the court of appeals.
Issues
| Issue | Helmberger's Argument | Johnson's Argument | Held |
|---|---|---|---|
| Whether a private contractor’s subcontract is public under Minn. Stat. § 13.05, subd. 11(a) when the contractor performs work for a government entity | Contracting to furnish school facilities makes Johnson’s subcontract public because Johnson performed a government function | The Act’s subdivision is a notice provision that imposes duties on the government (to include specific contract language); absent that notice the private subcontract is not public | The statute is a contractual-notice provision on government entities; because the District’s contract lacked the required notice, Johnson’s subcontract is not public under the Data Practices Act |
Key Cases Cited
- Mace v. Ramsey County, 231 Minn. 151, 42 N.W.2d 567 (Minn. 1950) (definition of "governmental function" relied on by court of appeals)
- WDSI, Inc. v. County of Steele, 672 N.W.2d 617 (Minn. Ct. App. 2003) (court of appeals decision addressing applicability of Data Practices Act to contractors)
- Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753 (Minn. 2010) (statutory interpretation canon forbidding addition of omitted statutory language)
- In re Denial of Eller Media Co.'s Applications for Outdoor Adver. Device Permits, 664 N.W.2d 1 (Minn. 2003) (substantial-evidence standard discussion)
- News & Sun-Sentinel Co. v. Schwab, Twitty & Hanser Architectural Grp., Inc., 596 So.2d 1029 (Fla. 1992) (architectural firm contracting with a school board not subject to public-records law where board retained decisionmaking authority)