Office of the Legislative Auditor

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:

• “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.)
• “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.)
• “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.)
• “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.)
• “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.)
• “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 ([email protected]), U.S. mail, or OLA’s online allegation form. You may also contact Katherine Theisen, OLA’s Director of Special Reviews, directly at [email protected] or 651-296-1229.

After we receive reports, we make a preliminary assessment to determine if further review by OLA is warranted.