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HomeMy WebLinkAbout2024-003CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF NNE TA RESOLUTION 2024-003 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 THERE FORE BE IT RE SOLVED, by the City Council of the :it of Lake Eli -no, that the attached City of Lake Elmo Data Practices Policy, together with the exhibits attached thereto, are hereby adopted and approved as if fully set forth herein; and BE IT FURTHER RESOLVED, that City Clerk Julie Johnson will be appointed to serve as the city's data practices responsible authority and data practices compliance official. ADOPTED BY THE CITY COUNCIL OF THE< CITY OF LAKE ELMO THIS THIRD DAY OF JANUARY 2023. CITY COUNCIL CITY OF LAKE ELMO By: Charles Cadenhead Mayor puli Johns v Cie 1�c y Clerk Page 2 of 22 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)). Time Limits For Response Copies of public information should be disclosed as soon as reasonably possible. Work on compiling copies should begin immediately upon request. If the request cannot be honored immediately the city should, as a matter of courtesy, send a letter to the requester acknowledging receipt of the request and giving the requester an estimate of the time it will take to compile and send the information. [" 1F.""I Is 11411 DNIREG . - I W-WAUTF-3150YOVIN".1 Classifications of Government Data 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, subd. 7). Government Data are separated into classifications and the classification of data determines their accessibility by the public. Information about individual people is classified by law as public, private, or confidential. A list of the private and confidential information maintained by the City is attached as Exhibit A. Data On Individuals Data on individuals are defined as 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 is not accessed by the name or other identifying data of any individual. There are three classifications of data on individuals: * Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names and salaries of city employees. Page 4 of 22 All City of Lake Elmo users, including employees, volunteers and contractors, who have rights to access or modify city information in any media, or who use city computers, business applications or electronic communication resources, must comply with Lake Elmo Information Policy, the federal Health Insurance Portability and Accountability Act (HIPAA), the Minnesota Government Data Practices Act and all other laws or rules governing the protection of data. Failure to comply is grounds for sanction and/or disciplinary action up to and including termination of employment, cancellation of contract and/or loss of resource privileges. Failure to comply may also result in notification to law enforcement officials and regulatory, accreditation and licensure organizations. Use of any City of Lake Elmo information technology devices will be limited to employees. All files of any kind, including electronic mail disseminated or received utilizing city devices 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, Electronic Mail (Email): 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. Policy: employees are responsible for adhering to business standards when email is created, sent, forwarded or saved. Failure to adhere puts the organization and the individual at risk for legal or financial liabilities, potential embarrassment and other consequences. Employees should not keep e-mail for an extended period of time. If it is a critical e-mail Page 6 of 22 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 Page 8 of 22 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. Your Rights under the Data Practices Act The City of Lake Elmo must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Your Acms to Your Data; You have the right to view (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. 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. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you may have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City of Lake Elmo not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Note: Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. Whgn we Collect Data from You: When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the 0-MEMM • If we have the data, but the data are confidential or private data that are not about you, we will notify you in writing 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 about you, we will respond to your request within 10 business days, by doing one of the following: Arrange a date, time, and place to inspect data, for free, if your request is to look at the data, or 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. After we have provided you with access to data about you, we do not have to show you the data again for six months unless there is a dispute or we collect or create new data about 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 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. In addition, we are not required under the Data Practices Act to respond to questions that are not requests for data. In determining the actual cost of making copies, we factor in employee time, the cost of the 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 copies. The cost of employee time to search for data, retrieve data, and make copies will be calculated at the actual hourly rate of the employee. Copy Costs - Data Subjects 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. Actual Cost of Making the Copies In determining the actual cost of making copies, we factor in employee time, the cost of the 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 copies. The cost of employee time to make copies will be calculated at the actual hourly rate for the employee. ZMEOM 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. I am requesting access to data In the following way: ❑ Inspection [7 Copies ❑ Inspection and copies Note: inspection is free, for copies we charge $0.25 per page for up to 100 pages ($0.50 two sided up to 50 pages) or employee time, the cost of the 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 copies. The cost of employee time to make copies is calculated at the actual hourly rate of the employee. Description of data requested: Note: Describe the data you are requesting as speciflicaltvas possible. Ifyou need more space, please use the back of this form. Contact Information Data subject name Parent/Guardian name (if applicable) Address Phone number Email address Signature of Data Subject or Parent/Guardian Staff Verification Page 16 of 22 CITY OF LAKE ELMO NOTICE TO ALL APPLICANTS FOR MUNICIPAL PERMITS, LICENSES, OR OTHER MUNICIPAL ACTION 1. 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 other 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 City 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. 3 The information you supply will be public and available to any enti1y requesting to inspect the information. DATA PRACTICES ADVISORY TENNESSEN WARNING REQUIRED BY MINNESOTA STATUTES CHAPTER 13.04 BY COMPANY/TITLE: Page 18 of 22 • 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) If it is necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre -petition screening team in the commitment process, 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. 3. Security Information (Private) Minn. Stat, §13.37 Data which if disclosed would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury. This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home addresses and telephone numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or similar issues could jeopardize security. 4. Sealed bids (Non-public) Minn. Stat. §13.37 Sealed bids, including the number of bids received, prior to opening. 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 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, 13. Recreation/Social Programs Data (Private) Minn. Stat. §13.57 People enrolling in recreational or other social programs: name, address, telephone number, ,any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. 14. Planning Survey Data (Private/Non-public) Minn. Stat. §13.43 The following data collected in surveys of individuals conducted by the city for the purpose of planning, development and redevelopment are classified as private or nonpublic: names Page 22 of 22 You have the right to ask us to explain the consequences for giving your permission to release 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. If you have a question about anything on this form, or would like additional information or explanation, please contact Julie Johnson, City Clerk, 3880 Laverne Avenue North, Lake Elmo, Minnesota 55042; 651.747.3900 orijohnson0lakeelmo.or , before signing. 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 I 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 I Individual data subject's signature Date�_ Parent/guardian's signature [if necessary]