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CITY OF LINO LAKES <br />RESOLUTION NO. 1 3 -04 <br /> <br />DEFINING COUNCIL MEMBERS AS EMPLOYEES <br />FOR PURPOSES OF THE MGDPA <br /> <br /> <br />WHEREAS , the Minnesota Government Data Practices Act (“MGDPA”) defines “personnel <br />data” as “government data on individuals maintained because the individual is or was an <br />employee of … a government entity;” and <br /> <br />WHEREAS , the MGDPA does not define “employee” nor d oes it address the status of elected <br />officials; and <br /> <br />WHEREAS , the Commissioner of the Department of Administration has opined that the <br />classification of data about elected officials depends upon whether the public entity considers <br />elected official s to be e mployee s; and <br /> <br />WHEREAS , the City Charter prohibits Council Members from being paid employees with the <br />City, but does not address the status of Council Members under the MGDPA; and <br /> <br />WHEREAS, it is appropriate for Council Members to be subject to the MGDPA i n the same <br />manner as regular City employees. <br /> <br />NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lino Lakes that : <br /> <br />1. T he City of Lino Lakes hereby defines C ouncil Members as empl oyees for purposes of <br />the MGDPA . <br />2. T his designation does not confer employment status upon the Council Members for any <br />other purposes. <br /> <br />Adopted by the City Council of the City of Lino Lakes this 14 th day of January , 201 3 . <br /> <br />The motion for the adoption of the foregoing resolution was introduced by Council Member <br />___________ and was duly seconded by Council Member _________ and upon vote being taken <br />thereon, the following voted in favor thereof: <br /> <br />The following voted against same: <br /> <br /> <br />_________________________________ <br />Jeff Reinert, Mayor <br /> <br /> <br /> <br />_____________________________________ <br />Julianne Bartell, City Clerk