Agenda Packets - 2002/02/11 - Laserfiche WebLink

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Mounds View City Council January 28, 2002 Regular Meeting Page 28 Mayor Sonterre asked to have the discussion included at the second work session in February. Council Member Stigney commented that it seems the information Council Member Marty had requested was different than the purchasing policy. He then asked if he could come to City Hall and view the information. City Administrator Miller indicated that right now she has received a request from Wendy and Rob Marty unless Council decides to turn this into an investigation and direct her to provide information to the entire Council. Council Member Marty indicated he was not sure if an investigation was needed but said he would like to look into it in light of the one spot check that was done. Mayor Sonterre commented that the request was made as a data practices request and was treated as such. He then commented that, if Council Member Marty had come to Council and asked Council to look into the matter as a Council, then the information would have been provided without a charge to the whole Council. Council Member Marty said that it seems to him that a Council Member should be able to look into something if he feels it is necessary. City Attorney Riggs indicated that the Minnesota Data Practices Act does not treat a Council Member any differently than any other resident in the community. He commented that Council Members gain no authority and are to be treated no differently than any other individual unless it is official authorized Council business. He further commented that Council lacks the authority to do anything differently because that would be creating a perk that the average citizen does not have in this community. Council Member Marty indicated there is a cost of 25 cents per page but said he had never seen it written anywhere an hourly wage rate for anyone that is billed for a data practices request. He then asked how much Mr. Coughlin paid for this. City Administrator Miller indicated that Mr. Coughlin’s request had not been fulfilled. Council Member Marty indicated that Mr. Coughlin had asked for copies. City Attorney Riggs clarified that Mr. Coughlin had made a second request to be allowed to view the information rather than have copies made. He then indicated the statute allows the City to recover the costs associated with making copies of the information. He further commented that this is what is allowed by City policy and City policy is compliant with the state statute. City Attorney Riggs then commented that Council Member Marty wants to be treated differently than what state statute allows and he cannot tell him that he can be. He further explained he had discussed the matter with a number of colleagues, had contacted the League of Minnesota Cities,