HomeMy WebLinkAbout#16 IPAD _475268-v1-Council_Memo_on_Snyder_Letter (2)475268v1 SJS LA515-1
MAYOR AND COUNCIL COMMUNICATION
DATE: 03/02/2016
REGULAR
ITEM #: 16
MOTION
AGENDA ITEM: IPAD Opinion Request
SUBMITTED BY: Sarah Sonsalla, City Attorney
THROUGH: Clark Schroeder, Interim City Administrator
REVIEWED BY: Sarah Sonsalla/Clark Schroeder
SUGGESTED ORDER OF BUSINESS:
- Introduction of Item .................................................................................................... Staff
- Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates
- Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council
- Action on Motion .................................................................................. Mayor Facilitates
PUBLIC POLICY STATEMENT (IF APPLICABLE)
SUMMARY AND ACTION REQUESTED:
The Council will need to decide if it would like to request an opinion from the Department of
Administration - Information Policy Analysis Division with respect whether a letter that was written by
former City Attorney David Snyder concerning a City employee complaint about a City Council member
is public data under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13.
BACKGROUND AND STAFF REPORT:
It was requested that I provide an opinion as to whether or not a letter written by former City Attorney
David Snyder that is dated October 1, 2015 concerning a complaint made by a City employee about a
City Council member could be released to the public. I had opined that because the document is about an
unsubstantiated complaint that involves a City employee, that it contains private personnel data pursuant
to Minnesota Statutes Section 13.43 and should not be released to the public, even in a redacted form.
I will admit that my recommendation that the City not release this document to the public is conservative,
but given that it may contain private personnel data which can oftentimes consist of sensitive information,
I would rather that the City not release it unless it receives an opinion from the Department of
Administration – Information Policy Analysis Division (“IPAD”) that the letter may be released. This
way, the City may then rely on this opinion and is protected in the event that someone brings a claim
against the City relating to the release of the letter.
475268v1 SJS LA515-1
Seeking this opinion will result in the City incurring costs associated with me corresponding with IPAD
and drafting the opinion request.
Alternatively, the City may choose to not release the letter and allow someone who wants it to be released
to make his or her own request to IPAD for an opinion.
RECOMMENDATION:
If the Council chooses to request an opinion, it should make the following motion:
“Move to direct the City Attorney to request an opinion from IPAD as to whether or not the letter from
David Snyder dated October 1, 2015 is public.”
ATTACHMENT(S):
None.