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Appendix A-3 <br />489828v3 DTA MU125-11 <br />Internal Auditing Data <br />CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public <br />GOVERNING STATUTE: Minn. Stat. § 13.392 <br />DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and <br />maintained by the internal audit offices of the City or by person performing audits for the City <br />and relating to an audit or investigation are confidential data on individuals or protected <br />nonpublic data until the final report has been published or the audit or investigation is no longer <br />being pursued actively. Data on an individual supplying information for an audit or investigation <br />that could reasonably be used to determine the individuals’ identity are private data on <br />individuals if the information supplied was needed for an audit or investigation and would not <br />have been provided to the internal audit office or person performing audits without an assurance <br />to the individual that the individual’s identity would remain private. <br />Pleadings <br />CLASSIFICATION(S): Public <br />GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 12 <br />DESCRIPTION OF DATA: Pleadings in a lawsuit by or against the City are public data to the <br />same extent that the data would be public if filed with the court. <br />Requests for Proposals <br />CLASSIFICATION(S): Private/Nonpublic/Public <br />GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 3(b), 13.37 <br />DESCRIPTION OF DATA: Data submitted by a business to the City in response to a request <br />for proposals, as defined in Minnesota Statutes section 16C.02, subdivision 12, are private or <br />nonpublic until the time and date specified in the solicitation that proposals are due, at which <br />time the name of the responder becomes public. All other data in a responder’s response to a <br />request for proposals are private or nonpublic data until completion of the evaluation process. <br />After a government entity has completed the evaluation process, all remaining data submitted by <br />all responders are public with the exception of trade secret data as defined and classified in <br />Minnesota Statutes Section 13.37. A statement by a responder that submitted data are <br />copyrighted or otherwise protected does not prevent public access to the data contained in the <br />response. If all responses to a request for proposals are rejected prior to completion of the <br />evaluation process, all data, other than the names of the responders, remain private or nonpublic <br />until a resolicitation of the requests for proposal results in completion of the evaluation process <br />or a determination is made to abandon the purchase. If the rejection occurs after the completion <br />of the evaluation process, the data remain public. If a resolicitation of proposals does not occur <br />within one year of the proposal opening date, the remaining data become public. <br />Sealed Bids <br />CLASSIFICATION(S): Private/Nonpublic <br />GOVERNING STATUTE: Minn. Stat. § 13.37 <br />DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening <br />are classified as nonpublic data with regard to data not on individuals and as private data with <br />regard to data on individuals.