HomeMy WebLinkAbout2018-003SOLUTION 2018-003
A RESOLUTION DEIGN TIN CITY'CITY'S DATA . CT CE OFFICIALS N
APPROVING CITY'S DATA PRACTICES POLICY__
WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and
procedures pertaining to government data practices; and
WHEREAS, the statute also requires the appointment of a data practices compliance
official, a data practices responsible authority and optional designee(s) to enforce the data practices
policies of government agencies.
NOW THEREFORE RE IT RESOLVED, by the City Council ofthe City of Lake Elmo
that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached
thereto, are hereby adopted and approved as if fully setforth herein; and
RE IT FURTHER RESOLVED, that City Clerk Julie Johnson will be appointed to serve
s the cit 's data practices responsible authority and data practices compliance official,
ADOPTED BY THE CITY COUNCIL OF THE CITY OF LAKE EL[ O THIS
SECOND DAY OF JANUARY 2018.
CITY COUNCIL
CITY OF LAKE ELMO
By:
Hike Pearson
Mayor
ATTEST:
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Access To Data By The Public
While some data maintained blyA thecit-m is data about individuals,, which is j�xesumed to be
private, the broader assumption about government data in •- is that it is public, and
should be readily available to anyone who asks for it. Failure to disclose information that is
public is a violation of data practices laws�
d I FqUT770177 Mr7fre-au-Ci • Lne Clata. Ine person nas M&
right to inspect and copy the data at reasonable times and places, and, if the person so
requests, will be • of the data's meaning.
There is no fee for inspecting the data (Minn. Stat. Sec. 13,03, subd, 3.) Inspection includes
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a eo-,*rW&ft-rjr?ef way fojmi
the data.
For data stored in electronic form and available to the public through electronic remote
access, inspection includes allowing the public to have access to the data so that they can
print or download the data from their own computer equipment. The responsible authority
may charge a reasonable fee for remote access to data if there is a specific statutory grant
of authority.
When data requested by the public include data that have commercial value (such as a
formula, pattern, compilation, i• device, method, technique, etc) and a substantial
and discrete portion of the data was developed with a significant expenditure of public
fun �Jjonsi�12 ig�tb*LiLy. magL;L
If the requested data is maintained in a computer storage medium, the responsible
authority must provide a copy of the data contained in that medium in electronic form if the
city can reasonably do so (Minn. Stat. Sec. 13.03, subd. 3(e)).
1111111eulaCcly Upon request. IT Lue request cannot De Honored
immediately the city should, as a matter of courtesy, send a letter to the requester
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take to compile and send the information.
The Minnesota Government Data Practices Act defines Government Data as all data
collected, created, received, maintained or disseminated by any state agency, political
subdivision, or statewide system regardless of its physical form, storage media or
conditions of use (Minn. Stat. Sec, 13.02,
by the City is attached as Exhibit A,
4
Data on individuals are defined as government data in which any individual is or can be
data can be clearly demonstrated to be only incidental to the data and the data is not
accessed by the name or other identifying data of any individual.
- Public -- This is data about individuals which can be disclosed to anyone for any purpose,
e.g. names and salaries of city employees,
Page 3 of 21
- Private -- This is data about individuals which can be disclosed only to the subject of the
iata tr t* g*vernment entities and empl*yees whtse wi5rk, as*nments rtas*nably requirit
access to the data.
- Confidential -- This is data about individuals that even the individuals themselves cannot
be told, e.g., information from an investigation about welfare fraud or in adoption records.
Note, however, that even if the confidential data itself cannot be disclosed to individuals,
individuals do retain the right to know whether an agency is maintaining confidential data
as them, Confidential information may be given to people who are authorized access by
outside agents (such as attorneys) whose work assignments or responsibilities reasonably
require access.
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including partnerships, corporations, associations, etc,
- Private -- This is data about non -individuals Which can be disclosed only to the subject of
the data or to government entities and employees whose work assignments reasonably
require access to the data, e.g., certain financial information about businesses.
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for example, would not have a right to the information being collected during the
investigation.
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or software or which resides on computers within the City of Lake Elmo should not be
considered as private and employees shall have no expectation of privacy, The contents of
electronic mail will not normally be monitored, censured, or otherwise examined unless
there is reason to believe the usage is being abused, City investigations, law enforcement
investigations, or court order or data practices request may require the examination and
release of any file or document, including electronic files such as electronic mail.
Purpose of Email: the email system is a tool to be used for matters directly related to the
business activities of city employees and as a means to further the mission by providing
services that are efficient, accurate, timely and complete,
Public Nature of Email: email is a public record like any other public document. Email may
be searched for evidence in any legal proceeding. By using the email system, the employee
consents that in the event of suspicious activity their email system may be searched for
evidence gathering purposes.
E-mail messages are subject to regulation under the Minnesota Data Practices Act. As such,
all e-mails unless private (content determines public or private) should be considered public
information.
The Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government
data are public unless a state or federal law says the data are not public. Government data
is a term that means all recorded information a government entity has, including paper,
email, CD-ROMs, photographs, etc.
The Data Practices Act also provides that the City of Lake Elmo must keep all government
data in a way that makes it easy for you, as a member of the public, to access public data.
You have the right to look at (inspect), free of charge, all public data that we keep.
You also have the right to get copies of public data. The Data Practices Act allows us to
charge for copies. You have the right to look at data, free of charge, before deciding to
request copies.
How to Make a Data Request
To look at data or request copies of data that the City of Lake Elmo ke
eps, make a written
request. Make your written request for data to the appropriate individual listed in the Data
Practices Contacts document on page eight. You may rhake your written request for data by
mail, using the data request form on page ten,
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1. that you, as a member of the public, are making a request for data under the Data
Practices Act, Minnesota Statutes, Chapter 13.
2whether you would like to look at the data, get copies of the data, or both; and
3, a clear description of the data you would like to inspect or have copied,
addition, please keep in mind that if we do not understand your request and have no way to
contact you, we will not be able to begin processing your request,
How We Respond to a Data Request
Upon receiving your written request, we will work to process it, If we do not have the data,
we will notify you in writing as soon as reasonably possible. If we have the data, but the data
are not public, we will notify you in writing as soon as reasonably possible and state which
specific law says the data are not public.
If we have the data, and the data are public, we will respond to your request appropriately
and promptly, within a reasonable amount of time by doing one of the following:
1) Arrange a date, time, and place to inspect data, for free, if your request is to view
the data, or
2) Provide you with copies of the data as soon as reasonably possible,
You may choose to pick up your copies, or we will mail or fax them to you. If you want us to
send you the copies, you will need to provide us with an address or fax number. We will
provide electronic copies (such as email or CD-ROM) upon request if we keep the data in
electronic format. Information about copy charges is on page nine,
If you do not understand some of the data (technical terminology, abbreviations, or
acronyms), please let us know, We will provide you with an explanation,
The Data Practices Act does not require us to create or collect new data in response to a data
request if we do not already have the data, or to provide data in a specific form or
arrangement if we do not keep the data in that form or arrangement. For example, if the
data you request are on paper only, we are not required to create electronic documents -to
respond to your request.) If we agree to create data in response to your request, we will
work with you on the details of your request, including cost and response time.
The Data Practices Act does not require us to answer questions that are not requests for
data.
Requests for Summary Data
Summary data are statistical records or reports that are prepared by removing all identifiers
from private or confidential data on individuals. The preparation of summary data is not a
means to gain access to private or confidential data, The City of Lake Elmo will prepare
summary data if you make your request in writing and pre -pay for the cost of creating the
data. Upon receiving your written request - you may use the data request form on page ten
- we will respond within ten business days with the data or details of when the data will be
ready and what the cost will be,
Data Subjects
Data about You
The Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain
rights related to a government entity collecting, creating, and keeping government data
about them. You are the subject of data when you can be identified from the data.
Government data is a term that means all recorded information a government entity has,
including paper, email, CD-ROMs, photographs, etc.
Classification of Data about You
The Data Practices Act presumes that all government data are public unless a state or federal
law says that the data are not public. Data about you are classified by state law as public,
private, or confidential. See below for some examples.
1!ublic data. We must give public data to anyone who asks; it does not matter who is
asking for the data or why. The following is an example of public data about you- Oou are
an employee of a government entity, thefact thatyou workfor the entity, andyourjob title
and bargaining unit is public.
Private data: We cannot give private data to the general public, but you have access when
the data are about you. The following is an example of private data about you- your SociaI
Security number.
We can share your private data with you, with someone who has your permission, with City
of Lake Elmo staff who need the data to do their work, and as permitted by law or court
order.
Confidential da1a; Confidential data have the most protection, Neither the public nor yo
can get access even when the confidential data are about you, The following is an examp
of confidential a jivoll reg�t2La ana2ul-tiji with 4"
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'MiTFTM-TT7FFTTCFVF'7 - reutp•rzyyour taentity
confidential. i
We can share confidential data about you with City of Lake Elmo staff who need the data to
do their work and to others as permitted by law or court order. We cannot give you access
to confidential data,
Pr"UrSUCI III; dIIU 111allaging ?T-Ug-f MITS Uldt. di C ��el-IuRueu NY Yaw. As a aaua suoject, you
have the following rights,
e Ter e cata are PUD private, or
confidential.
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Pr—otedb The Data Practices Act requires us to Protect your data. We
have established appropriate safeguards to ensure that your data are safe.
Whgn y!gur Data gLre 1naccm1:a-Jg and/or incothpigig. Y u have the right to challenge the
accuracy and/or completeness of public and private data aboutyou. You also have the right
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data about you.
the data request form on page twelve.
1 111�111III I�Iip��1111 I 1111pill
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1. That you are making a request, under the Data Practices Act (Minnesota
Statutes, Chapter 13), as a data subject, for data aboutyou,-
2. Whether you would like to inspect the data, have copies of the data, or both;
3. A clear description of the data you would like to inspect or have copied; and
4. Identifying information that proves you are the data sub*ect, or data s i -+.I-
J ub ed,
parent/guardian.
I 111 -1 ISM rov"I" I# # f f #-fTq =TL
for data. If you are requesting data about your minor child, you must show proof that you
are the minor's parent, If you are a guardian, you must show legal documentation of your
guardianship. Please see the Standards for Verifying identity document located on page
thirteen.
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Once you make your written request, we will work to process your request. If it is not clear
what data you are requesting, we will ask you for clarification,
0 If we do not have the data, we will notify you in Writing within 10 business days,
• If we have the data, but the data are confidential or private data that are not about
you, we will notify you in writinja within 10 business days and state which specific
law says you cannot access the data,
• If we have the data, and the data are public or private data aboutyou, we will respond
to your request within 10 business days, by doing one of the following:
1 , Arrange a date, time, and place to inspect data, for free, if your request is to look
at the data, or
z Provide you with copies of the data within 10 business days. You may choose to
pick up your copies, or we will mail or fax them to you. We will provide electronic
copies (such as email or CD-ROM) upon request if we keep the data in electronic
format. Information about copy charges is on page nine.
you. if you do not understand some of the data (technical terminology, abbreviations, or
acronyms), please let us know. We will provide additional explanation.
The Data Practices Act does not require us to create or collect new data in response to a data
request if we do not already have the data, or to provide data in a specific form or
arrangement if we do not keep the data in that form or arrangement. (For example, if the
data you request are on paper only, we are not required to create electronic documents to
with you on the details of your request, including cost and response time. in addition, we
are not required under the Data Practices Act to respond to questions that are not requests
for data.
CITY OF LAKE l
1 ' �
Julie Johnson, City Clerk.
3800 Laverne Avenue North, Lake Elmo, MN 55042
Phone: 651,747.3900
1
Julie Johnson, Litt' Clerk
00 Laverne Avenue North, Lake Elmer, Mid55042
Phone: 651.747,3900
Pax. 651.747.3901
Page 12 of 21
The City of Lake Elmo charges members of the public for copies of government data. These
charaes are authorized under Minnesota Statutes, section 13,03, subdivision 3(c). Copies
must be paid for prior to receiving.
For 100 or Fewer Paper Copies - 25 Cents per Page
100 or fewer pages of black and white, letter or legal size paper copies cost for a one-
sided copy, or 50� for a two-sided copy,
The charge for most other types of copies, when a charge is not set by statute or rule, is the
T maTing c*yies,,Yie tor in employee time, tnp
materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (
any). if your request is for copies of data that we cannot reproduce ourselves, such a
photographs, we will charge you the actual cost we must pay an outside vendor for th -
copies. I
The cost of employee time to search for data, retrieve data, and make copies will b
calculated at the actual hourly rate of the employee, I
The City of Lake Elmo charges data subjects for copies of government data. These charges
are authorized under section 13.04, subdivision 3. Copies must be paid for prior to
receiving.
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materials onto which we are copying the data (paper, CD, DVD, etc), and mailing costs (if
any). If your request is for copies of data that we cannot reproduce ourselves, such as
photographs, we will charge you the actual cost we must pay an outside vendor for the
Page 13 of 21
The cost of employee time to make copies will be calculated at the actual hourly rate for the
employee.
City of Lake Elnio
Date of reguest:
I am requesting access to data in the following way:
Note: inspection is free, for copies the City of Lake Elmo charges $0.25 per page for 100 or
fewer one-sided pages of black and white, letter or legal size paper copies cost or 50y for a
two-sided copy.
These are the data I am requesting:
Note: Describe the data you are requesting as specifically as possible. If you need more
space, please use the back of this form.
Name:
Address:
Phone number: Email address:
a information. However, if you want us
You do not have to provide any of the above cont ct i
to mail you copies of data, we Will need some type of contact information. In addition, if we
do not understand your request and need to get clarification from you, without contact
information we will not be able to begin processing your request until you contact us.
City of Lake Elmo
Data Request Form - Data Subjects Date of request:
To request data as a data subject, you must show a valid state ID, such as a driver's license,
military ID, or passport as proof of identity.
E] InspectionE]Copies [I Inspection and copies
if F
sided up to 50 pages) or employee time, the cost of Me materiaTVIILU WHICH WC C1LV--C-4r.4TTrW
the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data
that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost
we must pay an outside vendor for the copies. The cost of employee time to make copies is
calculated at the actual hourly rate of the employee.
Note: Describe the data you are requesting as specifically as possible. If you need more
space, please use the back of this form.
1 0
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Data subject name
Parent/Guardian name (if applicable)
Address
Phone number
Email address
Signature of Data Subject or Parent/Guardian
Staff Verification
Identification provide
Standards for Verifying Identity
An adult individual must provide a valid photo ID, such
# state driver's license I
• military ID
• passport
• Minnesota ID
• Minnesota tribal ID
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* state driver's license
• military ID
• passport
• Minnesota ID
• Minnesota Tribal ID
• Minnesota school ID
The parent or guardian of a minor must provide a valid photo ID and either
a certified copy of the minor's birth certificate or a certified copy of documents
that establish the parent or guardian's relationship to the child, such as
• court order relating to divorce, separation, custody, foster care
• foster care contract
• affidavit of parentage
The legal guardian for an individual must provide a valid photo ID and a
certified copy of appropriate documentation of formal or informal appointment
as guardian, such as
• court order(s)
• valid power of attorney
Note: Individuals who do not exercise their data practices rights in person must provide
d
OR OTHER MUNICIPAL ACTION
* I
L If you are requesting municipal action on any request for any of the above, you Will
be required to furnish certain information about yourself, the project you are
involved in, or ot er matters pertaining to the application, Some of the information
you are asked to provide is classified by state law as either private or confidential,
Private data is information which generally cannot be given to the public but can be
given to the subject of the data, Confidential data is information which generally
cannot be given to either the public or the subject of the data.
2. The purpose of this information is to enable the Citv of Lake Elmo or other
government agencies to evaluate relevant factors in considering your request. You
are not legally required to provide this information. if you do not provide the
requested information, the City may not act upon your request.
information you supply will be public and ayailabl!g Ig any entity re_questing to
inspect the information,
DATA PRACTICES ADVISORY
TENNESSEN WARNING
BY
COMPANY/TITLE-
1. Personnel Data (Private) Minn. Stat. §13.43
All data on all individuals who are or were an employee, an applicant for employment,
volunteer, independent contractor, or member or applicant for advisory board or
commission is private, except the following which is public-
• Name
• Employee identification number (not the employee's Social Security
number)
• Actual gross salary
• Contract fees
• Actual gross pension
• Value and nature of employer paid fringe benefits
• Basis for and amount of added remuneration, including expense
reimbursement
• Job description, job title and bargaining unit
• Education and training background
• Relevant test scores and rank on eligible list
• Previous work experience
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• Date of first and last employment
• Veteran status
• The existence and status (but not nature) of any complaints or charges against
the employee, regardless of whether the complaint or charge resulted in
discipline
• Final disposition of any disciplinary action, together with specific reasons for
the action and data documenting the basis of the action, excluding data that
would identify confidential sources who are employees of the city
• Terms of any agreement settling any dispute arising from the employment
relationship, including a "buyout" agreement
• Work availability
• Work location
• Work telephone number
• Honors and awards received
• Payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extend that release
of time sheet data would reveal the employee's reasons for the use of sick or
other medical leave or other non-public data
• Names and addresses of applicants for and members of an advisory board or
commission
• Name, after being certified as eligible for appointment to a vacancy or when
considered a finalist for a position of public employment (which occurs when
the person has been selected to be interviewed by the appointing authority)
---------- I rocess,
or (3) a court, law enforcement agency or prosecuting agency.
-All other data is private but may be released pursuant to a court order. Data pertaining to
an employee's dependents are private data on individuals.
2. Property Complaint Data (confidential) Minn. Stat. §13.44
The identities of individuals who register complaints concerning violations of state laws or
local ordinances concerning the use of real property.
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3. Security Information (Private) Minn. Stat §13.37
4. Sealed bids (Non-public) Minn. Stat. §13.37
Sealed bids, including the number of bids received, prior to opening.
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being readily ascertainable by proper means by, other persons who can obtain economic
value from its disclosure or use.
6. Examination Data Minn. Stat. §13.34
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II W''11011110m, NIN110
Correspondence between individuals and elected officials, but either may make it public.
8. Federal Contracts Data (Non-public) Minn. Stat. §13.35
To the extent that a federal agency requires it as a condition for contracting with the
c1tv. all government iat2, c*llactei ,;nji 21ittmi-ji-ad hy. tbt- ritv_L& �r* �*Q
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or nonpublic depending on whether the data are data on individuals or data not on
individuals.
except that a complainanCs statement is private.
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a. Estimated or appraised values of individual parcels of real property that are made
by personnel of the city or by independent appraisers acting for the city for the
purpose of selling or acquiring land through purchase or condemnation are
classified as confidential data on individuals or protected nonpublic data,
b. Appraised values of individual parcels of real property that are made by
appraisers working for fee owners or contract purchasers who have received
an offer to purchase their property from the city are classified as private data
on individuals or nonpublic data.
The data become public upon the occurrence of any of the following:
The data are submitted to a court -appointed condemnation commissioner;
The data are presented in court in condemnation proceedings; or
The negotiating parties enter into an agreement for the purchase and sale of the
property.
11. Personal and intangible property; appraisal data (Non.public)
Minn. Stat. §13.44
Preliminary and final market value appraisals, which are made by personnel of the city
or by an independent appraiser acting on behalf of the city, of personal and intangible
property owned by the city are classified as nonpublic data not on individuals until
either (1) a purchase agreement is entered into; or (2) the parties negotiating the
transaction exchange appraisals.
12. Social Security numbers (Private) Minn. Stat. §13.355
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The Social Security numbers of individuals, whether provided in whole or in part,
collected or maintained by a government entity are private data on individuals, except
to the extent that access to the Social Security number is specifically authorized by law.
N.M. Y.N.-
any other data that identifies the individual, and any data which describes the health or
metical • tf the initividua-1, family relati**shi�s, livixg arra-m-gema*ts, ani, *Fini*rr�
as to the emotional makeup or behavior • an individual,
-���Iic) Minn. Stat. §13.43
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particular business.
15. City Attorney Records Minn. Stat. §133f
The use, collection, storage, and dissemination of data by the city attorney are governed by
statues, rules, and professional standards concerning discovery, production of documents,
introduction • evidence, and professional responsibility. Data which is the subject of
attorney -client privilege is confidential. Data which is the subject of the "work product"
privilege is confidential,
16. Electronic Access Data Minn. Stat. §13.15
Data created, collected, or maintained about a person's access to a city computer for the
purpose of gaining access to data or information, transferring data or information are private
data on individuals or nonpublic data.
17. Service Cooperatives Claims Data Minn. Stat. §13.43
Claims experience and all related information received from carriers and claims
administrators participating in a group health or dental plan, including any long-term
disability plan, offered through the Minnesota service cooperatives to the city, and
survey information collected from employees and employers participating in these
plans and programs, except when the executive director of a Minnesota service
cooperative determines that release of the data will not be detrimental to the plan or
program, are classified as nonpublic data not on individuals.
You have the right to choose what data we release. This means you can let us release all of
the data, some of the data, or none of the data listed on this form. Before you give us
permission to release the data, we encourage you to review the data listed on this form. You
ave the ighi jo lei us relea�e he d ji jj ill. j jjj oi j*Le.*f th� Qejsjjc—*j
what data they may receive.
the data. You may withdraw your permission at any time. Withdrawing your permission
will not affect the data that we have already released because we had your permission to
release the data.
langirm"s
1, , give my permission for the City of Lake Elmo to release
data about me to as described on this form. I understand that
my decision to allow release of the data to is voluntary.
1)
The specific
data
that
the City
of
Lake
Elmo
may
release:
2)
1 understand the
City
of Lake
Elmo wants
to
release
the data
for this
reason:
3) 1 understand that although the data are classified as private at the City of Lake Elmo,
the classification/treatment of the data at depends on laws or
policies that apply to This authorization to release the data
expires on
Individual data subject's signature
Date
Parent/guardian's signature [if necessary]
Date
7}t9 <7 sY ) ka 4 p r t ytr 1#
sF�,ti,lc'i��i,ix`ii"u�7
City of Lake Elmo
a fhan
VendorNo: use •
Vendor. GWSA Land development Payment Total, $30,430.00
(calculates from below)
Invoice:
Invoice Date:
Address: 10850 Old County Rd 15, Ste 200
Plymouth, MN ..
City Adminstrator or Finance Director
(required if not budgeted or over $100,000)