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.
