SF4379

Purpose

• Establish a prohibition on municipalities entering into nondisclosure agreements (NDAs) or similar contracts that restrict disclosing information to the public, except as required by state or federal law. The aim is to promote transparency and public access to information held by local governments.

Main provisions

• Definition of municipality: Includes counties, home rule charter or statutory cities or towns, and any person acting in their official capacity as an employee, elected official, appointed official, or other representative of a municipality.
• Restrictions on NDAs:
  • A municipality must not enter into a nondisclosure agreement or any contract or contract term that restricts disclosure of information to members of the public, except where required by state or federal law.
  • Any agreement or contract term that violates this restriction is void and unenforceable.
  • If a contract contains a void provision, that provision must be severed from the rest of the contract to the extent it is void and unenforceable.
  • Municipalities must publicly disclose any contract or agreement that violates the restriction.

Significant changes to existing law

• Adds a new limitation under Minnesota Statutes chapter 471.3435 specifically targeting nondisclosure agreements by municipalities.
• Introduces strict severability for void provisions within contracts and requires public disclosure of offending contracts, reinforcing government transparency and public accountability.

Practical effect

• Local governments cannot hide information behind confidentiality clauses in contracts, except where legally required.
• Violations render NDA provisions void, with offending contracts publicly disclosed.

Relevant Terms - nondisclosure agreement (NDA) - municipality - public disclosure - void and unenforceable - sever or severability - contract - Minnesota Statutes chapter 471