Reporting Requirements for Public Employees
Anyone who has information about the misuse of public money,
resources, or data—or noncompliance with state laws—is encouraged to
report that information to the Office of the Legislative Auditor
(OLA). In addition, there are a number of statutes that either
require or encourage public employees to report these issues to OLA.
For example:
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“The chief executive, financial, or information officers of an
organization subject to audit under this section
must promptly notify the legislative auditor when
the officer obtains information indicating that public money or
other public resources may have been used for an unlawful purpose,
or when the officer obtains information indicating that government
data classified by [Minnesota Statutes] chapter 13 as not public
may have been accessed by or provided to a person without lawful
authorization. As necessary, the legislative auditor shall
coordinate an investigation of the allegation with appropriate law
enforcement officials.” (Minnesota Statutes, 3.971, subd.
9; emphasis added.)
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“Each member, officer, or employee in the legislative, judicial,
and executive branches shall report any evidence
of misuse of long-distance telephone service to the chief officer
of the legislative body, judicial branch, executive office, or
executive agency, and to the legislative auditor when appropriate.
The legislative auditor shall investigate and report on evidence
of misuse of long-distance telephone service of legislators,
judges, constitutional officers, heads of executive departments
and agencies, and state employees and, where appropriate, refer
the evidence to other authorities.” (Minnesota Statutes,
10.47; emphasis added.)
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“A state employee who discovers evidence of violation of laws or
rules governing grants is
encouraged to report the violation or suspected
violation to the employee’s supervisor, the commissioner or the
commissioner’s designee, or the legislative auditor.” (Minnesota Statutes, 16B.98, subd. 4; emphasis added.)
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“A state employee who discovers evidence of violation of laws or
rules governing state contracts is
encouraged to report the violation or suspected
violation to the employee’s supervisor, the commissioner or the
commissioner’s designee, or the legislative auditor. (Minnesota Statutes, 16C.045; emphasis added.)
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“Any employee who intentionally fails to comply with the
provisions of [Minnesota Statutes] chapter 43A shall be subject to
disciplinary action and action pursuant to chapter 609. An
appointing authority
shall report in writing to the legislative
auditor when there is probable cause to believe that a substantial
violation has occurred.” (Minnesota Statutes, 43A.39,
subd. 2; emphasis added.)
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“Whenever an employee or officer of the state, University of
Minnesota, or other organization listed in [Minnesota Statutes]
section 3.971, subdivision 6, discovers evidence of theft,
embezzlement, or unlawful use of public funds or property, the
employee or officer shall, except when to do so
would knowingly impede or otherwise interfere with an ongoing
criminal investigation,
promptly report in writing to the legislative
auditor a detailed description of the alleged incident or
incidents.” (Minnesota Statutes, 609.456, subd. 2;
emphasis added.)
OLA prefers that public employees submit reports in writing through
e-mail (Legislative.Auditor@state.mn.us), U.S. mail, or OLA’s
online allegation form. You may also
contact Katherine Theisen, OLA’s Director of Special Reviews,
directly at
Katherine.Theisen@state.mn.us
or 651-296-1229.
After we receive reports, we make a preliminary assessment to
determine if further review by OLA is warranted.
