Minnesota Pass-The-Trash

Minnesota Statute: Pass the trash “loop-hole”

Under Minnesota law, when a public employee, such as a coach or teacher, is being investigated for alleged misconduct, they possess the option to effectively remove the investigation from their record by voluntarily resigning prior to the conclusion of the investigation. As a consequence, any subsequent background or reference check for such an individual is restricted to disclosing no more than the dates of their employment. Any further divulgence of information is strictly prohibited by law.

“Under Minnesota Statutes section 13.43, subdivision 2(a)(4), the only information that is public on an investigation into an employee of the District is the “existence and status of any complaints or charges against the employee . . .”  Details regarding the investigation only become public if there is a “final disposition of any disciplinary action. . .”  Minn. Stat. 13.43, subd. 2(a)(5).  As this individual resigned prior to final disposition, there was no disciplinary action taken, all data related to the investigation, including details related to actual complaints, remain private.” – Orono School District Lead Counsel

From a federal investigation: 

“It is worth noting that in Minnesota, state law says that “the existence of any complaints or charges against an employee (of the government)” are public record, as is “the final disposition of any disciplinary action together with specific reasons for the action and data documenting the basis of the action…” (MN Statutes 13.43, subdivision 2(a)(4).  Because Responding Party resigned before any disciplinary action could take place, information related to the Orono investigation is not public record and therefore not accessible by the investigator.”

This isn’t limited to Schools in Minnesota, it is applied to any public employee as seen here:

KSPT Report of a Public Employee utilizing this loophole

The stark reality is that numerous Minnesota State Legislatures have been fully aware of this issue for years, yet have failed to take appropriate action. Despite having this crucial information, the pass the trash loophole has resulted in at least seven documented instances of problems arising. It is distressingly evident that many more cases may have gone unnoticed and unreported, underscoring the urgent need for comprehensive reforms to address this glaring loophole and protect our children from abuse and misconduct by those in positions of power.