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
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e Reinert,
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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