School Board Member-Elect Chris Lind of Savage is asking the Prior Lake-Savage Area School District for a monetary settlement.

Lind, who was fired from his job as a campus supervisor at Prior Lake High School on June 18, 2007, said he was wrongfully terminated by the district.

Lind’s attorney, David Thompson, confirmed this week that a notice of claim letter was submitted on behalf of Lind to the school district. The letter was received by the district on Dec. 19.

Thompson said the letter “did not request a (specific) amount.” Thompson declined further comment on the letter’s contents.

According to state statute, every person who claims damages from any municipality must present a notice of claim to the governing body within 180 days after the alleged loss. The notice must state the time, place and circumstances, the names of municipal employees known to be involved, and the amount of compensation or other relief demanded.

Failure to state the amount of compensation or other relief demanded does not invalidate the notice, according to the statute.

However, “in such case, the claimant shall furnish full information regarding the nature and extent of the injuries and damages within 15 days after demand by the municipality,” the statute reads.

Prior Lake-Savage Area School District Attorney Jennifer Earley of Knutson, Flynn & Deans, acknowledged that a document had been received, but she also declined to release the letter, citing data privacy laws.

The data cannot be released without consent of the subject (Lind) of the data or a court order under the law, she said. Earley said the letter’s classification could change because, in this instance, there is some ambiguity.

“At this point in time, its private personnel data,” Earley said.

Minnesota Newspaper Association (MNA) Attorney Mark Anfinson said the letter falls in a gray area of the law. A notice of claim against a public entity is typically public, he said; however, this specific claim pertains to a former employee.

Information related to a former employee is protected under the Minnesota Data Practices law, which classifies personnel data as “data on individuals collected because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with a government entity.”

Lind has previously declined to comment to the newspaper. As of last week, his phone number listed with the school district was disconnected. The district was unable to provide current contact information.

Lind will speak through his attorney, Thompson said.

Public information?

The school district’s attorney plans to request an advisory opinion, a provision that asks the Minnesota Commissioner of Administration to give a written opinion about access to data and its classification under Minnesota statutes.

The commissioner’s response will be public and could potentially make the letter public information, depending on the ruling.

Anfinson said the advisory opinion process can take up to 30 days, but the school district’s attorneys have requested that it be expedited for the public interest.

Also, the advisory opinion would protect the district from negative legal impacts from releasing the letter, as “an entity or person that conforms to a written commissioner’s opinion is not liable for damages or a penalty under the Government Data Practices Act” according to state law.

Should Lind continue with a lawsuit against the district, all legal papers pertaining to the lawsuit would automatically become public information, Anfinson added.

During his campaign, Lind said his run for the School Board was not vindictive. Lind also said during the campaign that the loss of his job at PLHS allowed for him to pursue his interest in serving on the school board.

Lind and newcomer Dee Dee Francis will take office at the Monday, Jan. 14, School Board meeting.

Joanna Miller can be reached at jmiller@swpub.com