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HomeMy WebLinkAbout2013-004 Council Resolution• CITY OF LINO LAKES RESOLUTION NO. 13 -04 DEFINING COUNCIL MEMBERS AS EMPLOYEES FOR PURPOSES OF THE MGDPA WHEREAS, the Minnesota Government Data Practices Act ( "MGDPA ") defines "personnel data" as "government data on individuals maintained because the individual is or was an employee of ... a government entity;" and WHEREAS, the MGDPA does not define "employee" nor does it address the status of elected officials; and WHEREAS, the Commissioner of the Department of Administration has opined that the classification of data about elected officials depends upon whether the public entity considers elected officials to be employees; and WHEREAS, the City Charter prohibits Council Members from being paid employees with the City, but does not address the status of Council Members under the MGDPA; and WHEREAS, it is appropriate for Council Members to be subject to the MGDPA in the same manner as regular City employees. • NOW, THEREFORE BE IT RESOLVED by the City Council ofthe City of Lino Lakes that: 1. The City of Lino Lakes hereby defines Council Members as employees for purposes of the MGDPA. 2. This designation does not confer employment status upon the Council Members for any other purposes. Adopted by the City Council of the City of Lino Lakes this 14th day of January, 2013. The motion for the adoption ofthe foregoing resolution was introduced by Council Member Roeser and was duly seconded by Council MemberR fftrtyand upon vote being taken thereon, the following voted in favor thereof: Roeser, Rafferty, Stoesz, Reinert The following voted against same: O'Donnell Julia ne Bartell, City Clerk • e Reinert, • • • CITY COUNCIL AGENDA ITEM 3C STAFF ORIGINATOR: Jeff Karlson MEETING DATE: January 14, 2013 TOPIC: Defining Council Members as Employees for MGDPA VOTE REQUIRED: 3/5 INTRODUCTION The Council is being asked to adopt a resolution defining council members as employees for purposes of the Minnesota Government Data Practices Act (MGDPA). BACKGROUND The term employee is not defined by the MGDPA, but the Commissioner of Administration has issued a series of advisory opinions on how to classify elected officials. The Commissioner opined that the classification of data about elected officials depends on whether the entity considers the elected official to be an employee. Council members are generally not city employees under Minnesota law. The City Charter prohibits council members from being paid employees with the City, but does not address the status of council members under the MGDPA. All that is needed to designate council members as employees for purposes of the MGDPA is passage of a resolution. Included in the resolution for your consideration is a provision that this designation does not confer employment status upon the council members for any other purposes. RECOMMENDATION Adopt Resolution No. 13 -04, "Defining Council Members of Employees for Purposes of the MGDPA." ATTACHMENTS Resolution No. 13 -04