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HomeMy WebLinkAboutCCRes_79-29,, ,~ CITY OF FALCON HEIGHTS ' 1. • Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Falcon Heights, Minnesota was held on the 27th day of December, 1979. The following members were present: Mayor Warkentien, C ouncilmembers Steele and Stone and the following were absent: Councilmember Brown. Mayor Warkentien introduced the following Resolution and moved it adoption: RESOLUTION 79- 29 A RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statuties, Sections 15.1611 to 15.1698 as amended, requires that this city appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, government data, and summary data, within this city and, WHEREAS, the city council is concerned with the responsible use of city data and wishes to satisify this concern by immediately appointing an administratively qualified Responsible Authority as required under the Act and assigning duties to that person; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FALCON HEIGHTS, MINNESOTA: 1. The city council of Falcon Heights, Minnesota, appoints Dewan B. Barnes, the Clerk Administrator, as the Responsible Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Section 15.1611 through 15.1698, as amended. 2. The Responsible Authority may designate a city employee or employees to assist in the administration and enforcement of the duties of the Responsible Authority and to be in charge of individual files or systems containing govern- ment data and to receive and comply with requests for government data. If the Re- sponsible Authority appoints a designee or designees, this appointment must be in writing, and the city council shall be provided a copy of the appointment. If designees are appointed, the Responsible Authority shall instruct the designees in the requirements of administering and enforcing the Minnesota Government Data Practices Act. 3. The duties of the Responsible Authority and designees are as follows: The Responsible Authority shall keep records containing government data in such an arrangement and condition as to make them easily accessible for con- venient use by the ~: public. Photographic, photostatic, microphotographic, or microfilmed records shall be considered as accessible for convenient use regardless of the size of these records. b. The Responsible Authority shall establish procedures to insure that requests for government data are received and complied with in an appropriate and prompt manner. c. The Responsible Authority or designee shall, upon request by any person, permit that person to inspect and copy government data during the normal business hours of .the city and at places provided by the Responsible Authority,. and if the person requests, that person shall be informed of the data's meaning. The Responsible Authority or designee shall provide copies of government data upon request. The Responsible Authority or designee shall require the requesting person to pay the actual cost of making, certifying and compiling the copies. If the Responsible Authority or designee is not able to provide copies at the time a request is made, the Responsible Authority or designee shall supply copies as soon as reasonably possible. If the Responsible Authority or designee determines that the requested govern- ment data is classified so as to deny the requesting person access, the Responsible Authority or designee shall so inform the requesting person orally at the time of the request, and in writing as soon thereafter as possible, and shall cite the statute, temporary classification, or federal law upon which the determination is made. d. The Responsible Authority shall prepare a public document containing his name, title and address, and a description of each type of record, file, or process relating to private or confidential data on individuals retained by the city. Forms used to collect private and confidential data shall be included in this document. The Responsible Authority shall update the public document annually and make any .changes necessary to maintain the accuracy of the document. e. The Responsible Authority shall establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; and establish appropriate security safeguards for all records containing data on individuals. f. The Responsible Authority or designee shall prepare summary data from private or confidential data on individuals upon the request of any person, provided that the request is in writing and the cost of preparing the summary data is borne by the requesting person. The Responsible Authority may delegate the power to prepare summary data to the administrative officer responsible for any central depository n LJ -2- f y ,~' • ~ of summary data; or to a person outside of the city if the person, in writing, sets forth his purpose and agrees not to disclose, and the Responsible Authority reasonably determines that the access will not compromise private or confidential data on individuals. g. The Responsible Authority shall prepare a public document setting forth the rights of the data subject pursuant to the Minnesota Government Data Practices Act and the specific procedures in effect in the city for access by the data subjects to public or private data on individuals. h. The Responsible Authority or designee shall allow another Responsible Authority or designee access to data classified as not public only when the access is author- ized or required by statute or federal law. The Responsible Authority or designee when supplying government data under this provision may require the requesting Responsible Authority to pay the actual cost of supplying the data. i. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for permission to classify temporarily data or types of data on individuals as private or confidential, or data not on individuals as non- public, on a temporary basis until a proposed statute can be acted upon by the Legislature. j. Upon request to the Responsible Authority, or designee, any individual must be informed whether he is the subject of stored data on individuals, and whether it is classi- fied as public, private or confidential. Upon further request, the individual who is the subject of stored private data on individuals shall be shown the data without any charge to him, and, if he desires, shall be informed of the content and meaning of that data. The Responsible Authority or designee shall provide copies of the private data upon request by the individual subject of the data, and the cost of providing copies shall be borne by the individual. The Responsible Authority or designee shall comply immediately, if possible, with any request made by an individual under this paragraph, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If the Responsible Authority or designee cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. • -3- ~ f ~ Y i ~- •r k. If an individual contests the accuracy or completeness of public or private data concerning himself, and notifies in writing the Responsible Authority describing the nature of the disagreement, the Responsible Authority shall within thirty days either correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including reci- pients named by the individual; or notify the individual that the Responsible Authority believes the data to be correct. Data which is in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect until modified by the city council. ADOPTED by the Council of the City of Falcon Heights this 27th day of December, 1979. Carried unanimously. ,F / ~ ',~ r: Willis C. A. Warkentien Mayor Dewan B. Barnes Clerk-Administrator -4-