HomeMy WebLinkAbout2008-014 Council ResolutionCouncil MemberGallup introduced the following resolution and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
RESOLUTION NO. 08 -14
ADOPTING A GUIDELINES AND PROCEDURES DOCUMENT
FOR THE CITY'S DATA PRACTICES
Whereas, data practice laws require government entities to provide appropriate access
to government data and protect the rights of data subjects; and
Whereas, the City wishes to provide access to government data in an appropriate and
prompt manner and within a reasonable period of time; and
Whereas, government entities are required to establish data practice guidelines and
procedures;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO
LAKES, MINNESOTA:
•The City hereby adopts the City of Lino Lakes Guidelines and Procedures for the Minnesota
Government Data Practices Act to be in effect and utilized upon adoption of this resolution.
Adopted by the Council of the City of Lino Lakes this 28th day of January, 2008.
•
nne Bartell, qty Cferk
The motion for the adoption of the foregoing resolution was duly seconded by Council
MembeiO' Donnell and upon vote being taken thereon, the following voted in favor thereof:
Gallup, O'Donnell, Reinert, Bergeson
The following voted against same: none (Stoltz absent)
Whereupon said resolution was declared duly passed and adopted.
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
AGENDA ITEM 1B
Julie Bartell, City Clerk
January 28, 2008
Data Practice Policy
3/5
The Minnesota Government Data Practices Act gives members of the public the right
to see and have copies of public data that the City keeps. The law also controls how
the City keeps government data and requires jurisdictions to establish procedures to
ensure that officials respond promptly to requests for government data.
Presented for the council's review is The City of Lino Lakes Guidelines and
Procedures for the Minnesota Government Data Practice Act. The guidelines and
procedures in the document will be used by the responsible authority and city staff to
guide how the City will store, collect, and dispose of data as well as how that data is
classified - public, nonpublic, private or confidential.
The attached document establishes our city's guidelines and procedures for providing
access to data, including our expectations relative to response time and circumstances
when charges may apply. To assist the public and staff in the access process, the
City procedures include a Data Request Form, available in paper or electronic form
(on the City's Web site). The document also establishes procedures for data requests
from city council members.
RECOMMENDATION
Approval of Resolution No. 08 -14 adopting guidelines and procedures for the City's
data practices.
ATTACHMENTS
City of Lino Lakes Guidelines and Procedures for the Minnesota Government Data
Practice Act
•
•
•
City of Lino Lakes
Guidelines and Procedures
for the
Minnesota Government Data Practices Act
Responsible Authority and Data Practice Compliance Officer:
Julie Bartell, City Clerk
600 Town Center Parkway
Lino Lakes, MN 55014
Approved by the City Council on
Purpose of the procedure: Insure that requests for government data are received and processed in
an appropriate and prompt manner
Associated Regulations: MN Government Data Practices Act (MGDPA)
Responsible Authority and Data Practice Compliance Officer:
Julie Bartell, City Clerk
600 Town Center Parkway
Lino Lakes, MN 55014
Minnesota Government Data Practices Act
Guidelines & Procedures
- 1 - City of Lino Lakes
TABLE OF CONTENTS
INTRODUCTION 2
I. RESPONSIBLE AUTHORITY 2
II. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA 2
A. Collection 2
B. Storage and Disposition .3
III. CLASSIFICATION OF GOVERNMENT DATA 3
A. Data on Individuals 3
B. Summary Data 4
C. Data not on Individuals 4
D. Juvenile Records .5
IV. ACCESS TO PUBLIC DATA 6
A. People Entitled to Access .6
B. Form of Request and Response 6
C. Fees 6
• V. ACCESS TO DATA ON INDIVIDUALS 7
A. People Entitled to Access .7
B. Form of Request 8
C. Identification of Requesting Party 8
D. Time Limits ..8
E. Fees ...8
VI. DENIAL OF ACCESS .8
VII. COLLECTION OF DATA ON INDIVIDUALS .8
VIII. CHALLENGE TO DATA ACCURACY 9
IX. DATA PROTECTION 9
A. Accuracy and Currency of Data .9
B. Data Safeguards 10
X. CITY COUNCIL ACCESS TO DATA
XI.
A. Form of Request and Response 10
B. Fees 11
C. Council Review 11
EXHIBITS
List of Designated Employees
Responding to Requests for Government Data — Questions & Answers
Data Request Form
Minnesota Government Data Practices Act
Guidelines & Procedures
- 2 - City of Lino Lakes
INTRODUCTION
The Minnesota Government Data Practices Act (MGDPA) gives members of the public
the right to see and have copies of public data that the City keeps. The law also controls how the
City keeps government data.
The law says that all the data the City has is public (can be seen by anybody) unless there
is a state or federal law that classifies the data as not public.
• Chapter 13 of the Minnesota Statutes, also known as the Minnesota Government
Data Practices Act (MGDPA), is the primary resource the City uses in
determining the public /not public nature of data.
• Unless there is a specific citation from the Data Practices Act or elsewhere in state
or federal law, the City presumes that the data is public.
• The requestor has the right to view all public data the City keeps.
Questions should be directed to the City Clerk's Office at 651- 982 -2406.
I. RESPONSIBLE AUTHORITY
The person who is the responsible authority and data practices compliance official under
the Act for the City of Lino Lakes is Julie Bartell, City Clerk, 600 Town Center Parkway,
Lino Lakes, Minnesota. The data practices compliance official is the city employee to
whom persons may direct questions or concerns regarding problems in obtaining access
to information. The responsible authority has designated certain other city employees to
assist in complying with the Act and these designees are noted on Exhibit 1 attached to
this report.
II. COLLECTION, STORAGE AND DISPOSITION OF GOVERNMENT DATA
A. Collection
Government data means all data created, collected, received, maintained or
disseminated by any state agency, political subdivision or statewide system
regardless of the data's physical form, storage media or conditions of use.
Government data includes all papers, cards, correspondence, discs, maps,
memoranda, microfilms, photographs, recordings, reports, tapes, writings,
computer medium and other data, information or documentary material.
Minnesota Government Data Practices Act
Guidelines & Procedures
- 3 - City of Lino Lakes
The information collected must be accurate, complete, and current for the purpose
for which it was collected. At any time a data subject may contest the accuracy
and completeness of the data.
Minnesota Statute, Chapter 13, "establishes a presumption that government data
are public and are accessible by the public for both inspection and copying unless
there is federal law, a state statute, or a temporary classification of data that
provides that certain data are not public." Minn. Stat., Section 13.01, subd 3.
B. Storage and Disposition
The City has adopted the General Records Retention Schedule for Minnesota
Cities to guide the retention and destruction of its records.
While some records must be kept for a period prescribed by law, a specific
retention period for many government records is not prescribed. Those records
may not be disposed of without the prior consent of the Records Disposition
Panel, a panel of state officials established under Minn. Stat. Section 138.17.
Unauthorized destruction of government records is a misdemeanor. Upon request,
the City Clerk will prepare a specific "Records Retention Schedule" and provide
the necessary forms for the application to dispose of government data not
included in the general retention schedule.
Each City department is responsible for keeping its records in such arrangement
and condition as to make them easily accessible for convenient use.
III. CLASSIFICATION OF GOVERNMENT DATA
A. Data on Individuals
Data on individuals is "all government data in which any individual is or can be
identified as the subject of that data, unless the appearance of the name or other
identifying data can be clearly demonstrated to be only incidental to the data and
the data are not accessed by the name or other identifying data of any individual."
"Individual" is defined as a living human being. There are three types of data on
individuals: public, private, and confidential.
i. Public Data. Public data is data on individuals that is not classified by state
statute, federal law or temporary classification as either private or
confidential. It is accessible to anyone for any reason.
ii. Private Data. Private data is any data on individuals that is not accessible to
the public, but is accessible to the subject of the data. Private data includes
data that is expressly classified as private by state statute, federal law or
temporary classification. In addition to the data subject, private data is also
accessible to the data subject's representative, individuals, entities or persons
given express written permission by the data subject, a minor's parent or
guardian, personnel within the governmental entity whose work assignments
Minnesota Government Data Practices Act
Guidelines & Procedures
- 4 - City of Lino Lakes
11) reasonably require access or individuals, entities or persons authorized by a
court order.
iii. Confidential Data. Confidential data is data on individuals that is not
accessible to the subject of the data or to the public. It includes data that is
expressly classified as confidential by state statute, federal law or temporary
classification.
B. Summary Data.
Summary data is statistical records and reports derived from data on individuals
but which does not identify an individual by name or any other characteristic that
could uniquely identify an individual. Summary data derived from private or
confidential data is public. The responsible authority or designee will prepare
summary data upon request, and established City charges will apply. The
responsible authority or designee should notify the requesting party about the
estimated costs.
Summary data may be prepared by "blacking out" personal identifiers, cutting out
portions of the records that contain personal identifiers, programming computers
to delete personal identifiers, or other reasonable means.
The responsible authority may ask an outside agency or person to prepare the
summary data if (1) the specific purpose is given in writing, (2) the agency or
person agrees not to disclose the private or confidential data, and (3) the
responsible authority determines that access by this outside agency or person will
not compromise the privacy of the private or confidential data.
C. Data Not on Individuals.
i. Public data not on individuals is data accessible to the public unless
otherwise classified by state or federal law or temporary classification.
ii. Nonpublic data not on individuals means data which is not public but is
accessible to the subject of the data, if any. As used here, the "subject of the
data" means an individual, partnership, corporation, etc. Data not on
individuals is nonpublic if so classified by state or federal law or temporary
classification. Nonpublic data is accessible to the subject of the data, if any,
individuals, entities or persons authorized by state or federal law, personnel
within the entity whose work assignments reasonably require access, and
pursuant to a court order. However, nonpublic data may be discussed at a
meeting open to the public to the extent allowed by state statute.
iii. Protected nonpublic data not on individuals means data which is not public
and not accessible to the subject of the data. Data not on individuals is
protected nonpublic if so classified by state or federal law or temporary
Minnesota Government Data Practices Act
Guidelines & Procedures
- 5 - City of Lino Lakes
classification. Protected nonpublic data is accessible to individuals, entities or
persons authorized by state or federal law, personnel within the entity whose
work assignments reasonably require access, and pursuant to a court order.
D. Juvenile Records.
The following applies to private (not confidential) data about people under the age
of 18.
Parental Access. In addition to the people designated in this document
who may have access to private data, a parent may have access to private
information about a juvenile data subject. "Parent" means the parent or guardian
of a juvenile data subject, or individual acting as a parent or guardian in the
absence of a parent or guardian. The parent is presumed to have this right unless
the responsible authority or designee has been given evidence that there is a state
law, court order, or other legally binding document which prohibits this right.
Notice to Juvenile. Before requesting private data from juveniles, city
personnel must notify the juveniles that they may request that the information not
be given to their parent(s).
Denial of Parental Access. The responsible authority or designee may
deny parental access to private data when the juvenile requests this denial and the
responsible authority or designee determines that withholding the data would be
in the best interest of the juvenile. The request from the juvenile must be in
writing stating the reasons for the request. In determining the best interest of the
juvenile, the responsible authority or designee will consider:
• Whether the juvenile is of sufficient age and maturity to explain the
reasons and understand the consequences,
• Whether denying access may protect the juvenile from physical or
emotional harm,
• Whether there are reasonable grounds to support the juvenile's reasons,
and
• Whether the data concerns medical, dental, or other health services
provided under Minnesota Statutes. If so, the data may be released only if
failure to inform the parent would seriously jeopardize the health of the
minor.
The responsible authority or designee may also deny parental access without a
request from the juvenile under Minnesota Statutes.
IV. ACCESS TO PUBLIC DATA
Minnesota Government Data Practices Act
Guidelines & Procedures
- 6 - City of Lino Lakes
• All information maintained by the City is public unless there is a specific statutory
designation which gives it a different classification.
A. People Entitled to Access. Any person has the right to inspect and copy public
data. The person also has the right to have an explanation of the meaning of the
data. The person is not required to identify themselves, state a reason for or justify
a request to gain access to the public data.
B. Form of Request and Response.
Request. The request may be verbal or written. Requests will be received
and processed only during normal business hours (Monday through Friday, 8:00
a.m. to 4:30 p.m., excluding holidays). If the request is unclear, the city may ask
for certain identifying or clarifying information for the sole purpose of facilitating
access to the data.
Response. State law requires that the City must respond to a public data
request appropriately and promptly. City staff shall make a diligent and good
faith effort to search for the data requested and respond as soon as practicable.
The City shall use the following guidelines for response time:
• For requests for standard information, which can be retrieved fairly easily,
staff shall accommodate the request within two working days.
• For more complex, larger requests, the information shall be provided
within five working days of the request.
• If, for some reason, the request cannot be accommodated within these
guidelines, staff will notify the requestor immediately.
The city shall indicate as soon as possible if data is unavailable or not
public and shall provide the reason or specific law that applies.
Format. The city is not required to provide information in any specific
format except that if the data is maintained in an electronic format and is
requested in an electronic format, then it must be provided in that medium. This
does not mean that the city will provide the data in an electronic format or
program that is different from what the city has. The city shall provide copies of
public data in electronic form upon request, if the city can reasonably make a
copy of or have a copy made of that format.
C. Fees. Fees may be charged only if the requesting person asks for a copy or in
some cases for electronic transmittal of the data. Fees will be charged according
to the following fee calculation methods with per page cost and basic hourly fee
established annually in the city fee schedule:
• If 100 or fewer pages of letter or legal size paper copies are requested, the
standard charge per page shall be charged;
• If the request exceeds 100 pages or requires more than 1.5 hours for staff to
search and retrieve data, the city may charge the cost of employee time for
•
•
•
Minnesota Government Data Practices Act
Guidelines & Procedures
- 7 - City of Lino Lakes
making, certifying and electronically transmitting copies of the data or the data
itself. The fee may not include time necessary to separate public from non - public
data;
• If electronic data is requested on a CD, DVD or floppy disc, an established City
fee may apply.
• The responsible authority may also charge an additional fee if the copies have
commercial value and are a substantial and discrete portion of a formula,
compilation, program, process, or system developed with significant expenditure
of public funds. This additional fee must relate to the actual development costs of
the information.
V. ACCESS TO DATA ON INDIVIDUALS
Information about individual people is classified by law as public, private, or
confidential. A list of private and confidential information shall be maintained by the
City as well as forms used to collect private and confidential information.
A. People Entitled to Access.
Public information about an individual may be shown or given to anyone.
Private information about an individual may be shown or given to:
The individual who is the subject of the data.
A person who has been given access by the express written consent of the
data subject.
People who are authorized access by the federal, state, or local law or
court order.
People within the city staff, the city council, and outside agents (such as
attorneys) whose work assignments or responsibilities reasonably require access.
Confidential information may not be given to the subject of the data, but may be
shown or given to:
People who are authorized access by federal, state, or local law or court
order.
People within the city staff, the city council, and outside agents (such as
attorneys) whose work assignments or responsibilities reasonably require access.
B. Form of Request. Any individual may request orally or in writing if the City
has stored data about any individual and whether the data is classified as public,
private, or confidential.
Minnesota Government Data Practices Act
Guidelines & Procedures
- 8 - City of Lino Lakes
All requests to see or copy private or confidential information must be in writing
on a data request form to document who requests and who receives this
information. The responsible authority or designee may waive the use of this
form if there is other documentation of the requesting party's identity, the
information requested, and the City's response.
C. Identification of Requesting Party. In the case of requests for private or
confidential data, the responsible authority or designee must verify the identity of
the requesting party as a person entitled to access. This can be through personal
knowledge, presentation of written identification, comparison of the data subject's
signature on a consent form with the person's signature in City records, or other
reasonable means.
D. Time Limits.
Requests. Requests will be received and processed only during normal
business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding
holidays).
Response. The response must be immediate, if possible, or within five
working days if an immediate response is not possible. The City may have an
additional five working days to respond if it notifies the requesting person that it
cannot comply within five days.
E. Fees. Fees may be charged in the same manner as for public information,
however when the subject of the data makes a request for access to data, the data
subject may not be charged for the cost of searching for and retrieving the data. A
data subject can only be charged for the actual cost of copying, certifying and
mailing the data.
VI. DENIAL OF ACCESS.
If the responsible authority or designee determines that the requested data is not
accessible to the requesting party, the responsible authority or designee must inform the
requesting party orally at the time of the request or in writing as soon after that as
possible. The responsible authority or designee must give the specific legal authority,
including statutory section, for withholding the data. The responsible authority or
designee must place an oral denial in writing upon request and include the specific legal
authority for the denial.
VII. COLLECTION OF DATA ON INDIVIDUALS.
The collection and storage of information about individuals will be limited to that
necessary for the administration and management of programs specifically authorized by
the state legislature, city council, or federal government.
Minnesota Government Data Practices Act
Guidelines & Procedures
- 9 - City of Lino Lakes
When an individual is asked to supply private or confidential information about the
individual, the City employee requesting the information must give the individual a
Tennessen warning. This warning must contain the following:
• the purpose and intended use of the requested data,
• whether the individual may refuse or is legally required to supply the requested
data,
• any known consequences from supplying or refusing to supply the information,
and
• the identity of other persons or entities authorized by state or federal law to
receive the data.
A Tennessen warning is not required when an individual is requested to supply
investigative data to a law enforcement officer.
A Tennessen warning may be on a separate form or may be incorporated into the form
which requests the private or confidential data.
VIII. CHALLENGE TO DATA ACCURACY.
An individual who is the subject of public or private data may contest the accuracy or
completeness of that data maintained by the City. The individual must notify the City's
responsible authority in writing describing the nature of the disagreement. Within 30
days, the responsible authority or designee must respond and either (1) correct the data
found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or
incomplete data, including recipients named by the individual, or (2) notify the individual
that the authority believes the data to be correct.
An individual who is dissatisfied with the responsible authority's action may appeal to
the Commissioner of the Minnesota Department of Administration, using the contested
case procedures under Minnesota Statutes Chapter 14. The responsible authority will
correct any data if so ordered by the Commissioner.
IX. DATA PROTECTION.
A. Accuracy and Currency of Data. All employees will be requested, and given
appropriate forms, to provide updated personal information to the appropriate
supervisor, City Clerk, or Finance Director, which is necessary for tax, insurance,
emergency notification, and other personnel purposes. Other people who provide
private or confidential information will also be encouraged to provide updated
information when appropriate.
Department heads should periodically review forms used to collect data on
individuals to delete items that are not necessary and to clarify items that may be
ambiguous.
•
•
•
Minnesota Government Data Practices Act
Guidelines & Procedures
- 10 - City of Lino Lakes
All records must be disposed of according to the City's records retention
schedule.
B. Data Safeguards. Private and confidential information will be stored in files or
databases which are not readily accessible to individuals who do not have
authorized access and which will be secured during hours when the offices are
closed.
Private and confidential data must be kept only in City offices, except when
necessary for City business.
Only those employees whose job responsibilities require them to have access will
be allowed access to files and records that contain private or confidential
information. These employees will be instructed to:
• not discuss, disclose, or otherwise release private or confidential data to
City employees whose job responsibilities do not require access to the
data,
• not leave private or confidential data where non - authorized individuals
might see it, and
• shred private or confidential data before discarding.
When a contract with an outside party requires access to private or confidential
information, the contracting party will be required to use and disseminate the
information consistent with the Act.
X. CITY COUNCIL ACCESS TO DATA
City council member access to data shall be governed by the Minnesota Government
Data Practices Act and be subject to the procedures and requirements of the City of
Lino Lakes Guidelines and Procedures for the Minnesota Government Data Practices
Act as set forth herein, and as follows:
A. Form of Request and Response.
Request. Requests will normally be received and processed during business
hours (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays)
Requests shall be submitted electronically using the City's Data Request Form
and be submitted to the City Administrator and copied to the City Clerk. When
requests are received and reviewed, staff will acknowledge by returning the
request form indicating if the data is available, the data classification, any
applicable charges, and the estimated time required to provide the requested data.
Minnesota Government Data Practices Act
Guidelines & Procedures
- 11 - City of Lino Lakes
Response. City staff shall make a diligent and good faith effort to search for the
data requested and respond as soon as practicable. The City shall use the
following guidelines for response time:
• For requests for standard information, which can be retrieved fairly easily,
staff shall accommodate the request within one working day (24 hours);
• For more complex, larger requests, the information shall be provided
within two working days (48 hours) of the request.
• If, for some reason, the request cannot be accommodated within these
guidelines, staff will notify council members as to the estimated time
required to respond and reason for needing additional time.
Staff shall provide a copy of the request and data response to all council members
at the same time the response is provided to the requestor.
B. Fees. Fees will be charged to council members only when the request is for data
which is not to be used for city council purposes, in which case established city
fees will apply.
C. Council Review. City staff or council members may bring the data request to the
entire city council for direction in cases where there are questions or disagreement
on the applicability or administration of these guidelines and procedures.
•
•