HF4077

Purpose

The bill would restrict how municipalities in Minnesota use nondisclosure agreements. It aims to make government information more open by preventing a municipality from secretly restricting what it can share with the public, except where disclosure is limited by state or federal law.

Key Definitions

• Municipality: includes counties, cities (home rule charter or statutory), towns, and any person acting in an official capacity for the municipality (employee, elected official, appointed official, or other representative).

Main Provisions

• Prohibition on NDAs: A municipality must not enter into a nondisclosure agreement or any contract that restricts the municipality from disclosing information to members of the public, except as required by state or federal law.
• Void and unenforceable: Any agreement or contract provision that violates this prohibition is void and unenforceable.
• Severability: If a contract contains a void provision, that portion must be severed, and the remaining provisions of the contract stay in effect.
• Public disclosure: A municipality must publicly disclose any contract or agreement that violates the prohibition.

Effects on Law and Practice

• Change to existing practice: The bill creates a clear rule that municipalities cannot shelter their information behind nondisclosure agreements, bolstering transparency.
• Transparency requirement: When a municipality enters into a contract that would violate the prohibition, it must make that contract publicly available.
• Limited exceptions: The rule only allows disclosure restrictions that align with state or federal law.

Practical Impact

• Public access: Residents and media would have easier access to contracts and related information involving local government.
• Accountability: Officials and agencies would face greater accountability for information-sharing decisions.

Significant Changes to Law

• Adds a prohibition to Minnesota Statutes chapter 471.3435 prohibiting municipalities from using nondisclosure agreements to limit disclosure to the public.
• Establishes that any conflicting contract provisions are void, unenforceable, and severable.
• Introduces a mandatory public disclosure requirement for contracts that violate the prohibition.

Relevant terms - nondisclosure agreements - municipality - contract - disclose - information - public - void and unenforceable - severed - publicly disclose - Minnesota Statutes chapter 471 - county - home rule charter - statutory city - town - employee - elected official - appointed official - representative - state or federal law