Applicant Data Practices Advisory

Applicant Data Practices Advisory

According to Minn. Stat. § 13.04, the City must advise you of the following.

Purpose and intended use of the data:

The city collects this information for purposes of selecting a candidate for hire. Your data will be used to evaluate that you meet the minimum qualifications of the position for which you apply. For public safety positions or in the event you are selected for hire, your data will be used to perform a criminal background check, including using the BCA’s website.

Whether you may refuse or are legally required to supply this data: Application for employment as well as supplying any data in application for employment is voluntary.

Consequences arising from supplying or refusing to supply this data:

We take pride in hiring the best candidates, but we can’t do this without a complete application. Filling out the application is voluntary, and the more complete the application, the better your chances of conveying to the city you are the best candidate for the job. Except for explicitly optional requested information, refusal to provide a complete application may result in immediate disqualification from consideration for a position.

GENERAL INFORMATION ON THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR APPLICANTS, EMPLOYEES, AND VOLUNTEERS.

The Minnesota Government Data Practices Act (Minn. Stat. §§ 13.01 – 13.90) includes two sections affecting applicants seeking employment with the City of Winona.  First, under “Rights of Subjects of Data” (Minn. Stat. § 13.04), when an applicant is asked to provide information about him/herself, the City must advise you of:

  • The purpose and intended use of the data;
  • Whether you may refuse or are legally required to supply the requested data;
  • Any known consequences arising from your supplying or refusing to supply the data; and
  • The identity of other persons or organizations authorized by State of Federal law to receive the data you provide.

Second under “Personnel Data” (Minn. Stat. §13.43) the following data on you as an applicant for employment by a public agency is automatically public:

  • Your veteran’s status;
  • Your job history;
  • Your education and training;
  • Your relevant test scores;
  • Your rank on our eligibility list; and
  • Work availability.

As an applicant, your name is considered private until you are certified as eligible for appointment to a position or are considered by the appointing authority to be a finalist for a position in public employment.

If you are hired, the following additional data about you will be considered public information:

  • Your name;
  • Your employee identification number (which is not your Social Security number);
  • Your actual gross salary, contract fees, salary range, and actual gross pension;
  • The value and nature of employer paid benefits;
  • The basis for and the amount of any added remuneration, including expense reimbursement, in addition to your salary;
  • You job title, bargaining unit (if applicable) and job description;
  • The dates of your first and last employment with us;
  • The status of any written complaints or charges against you while you work for the City of Winona, regardless whether or not they have resulted in disciplinary action, the final disposition of any disciplinary action and supporting documentation;
  • You work location and work telephone number;
  • Your education and training background;
  • Work-related continuing education;
  • Honors and awards you have received;
  • Payroll timesheets or other comparable data that are only used to account for your works time for payroll purposes: except to the extent that release of time sheet data would reveal employee’s reasons for the use of sick or other medical leave or other non-public data;
  • Your previous work experience.
  • The “complete” terms of any settlement agreement (including buyout agreements) except that the agreement must include the specific reasons if it involves the payment of more than $10,000 of public money; and
  • Your badge number. This data is private if the candidate is applying for or is hired for an undercover law enforcement position.

All data concerning you which is placed in your personnel file and which is not addressed in statute as public data (see above listing) is private data. This private data will be available to you and those members of city staff needing it to process city records. In addition, the following persons or organization are authorized by state and federal law to receive this data if they so request in certain circumstances:

  • The Bureau of Census;
  • Federal, State and County Auditors;
  • The State Department of Public Welfare;
  • The Department of Human Rights;
  • Federal Officials investigating compliance of Affirmative Action and Equal Employment Opportunities;
  • Labor organizations and the Bureau of Mediation Services;
  • Data may also be made available through court order.

With the exception of the optional data requested, the data you provide is needed to identify you and assist in determining your suitability for the position for which you are applying. The optional data is used in summary form by the city’s Affirmative Action Program to monitor protected class employment and meet federal, state and local reporting requirements. Furnishing the optional data requested about you is voluntary.

A city will want to review Minn. Stat. §363A.36 to determine whether it is required to have a formal Affirmative Action Program in place. If a formal plan is not in place, work with your legal counsel to review this sentence as appropriate.

NOTICE REGARDING SOCIAL SECURITY NUMBER: This information will be used for payroll taxes, insurance purposes, and retained in the employee’s data record.

NOTICE TO MINORS: Minors from whom private data or confidential data is collected have the right to request that parental access to the private data be denied.

If you have any questions regarding your rights as a subject of data, please contact the City of Winona Human Resources Department at 207 Lafayette Street, Winona, MN 55987. This information is subject to change consistent with subsequent amendments to the Minnesota Government Data Practices Act.

NOTICE REGARDING REQUEST FOR MARRIAGE CERTIFICATE FOR VETERANS’ PREFERENCE DOCUMENTATION: This information will be used for documentation purposes for verifying marital status for requesting applicable spousal Veterans’ Preference