HomeMy WebLinkAboutAgenda Packets - 2011/11/01
CITY OF MOUNDS VIEW
CITY COUNCIL WORK SESSION AGENDA
MOUNDS VIEW CITY HALL
Monday, November 1, 2010
7:00 p.m.
ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full
name and address for the minutes. Also, please limit your comments to three minutes.
Agenda Items Discussed by Consensus
1. Meet with Parks and Recreation and Forestry Commission (verbal presentation – no
staff report)
2. Continue Discussion about Mounds View Home Improvement Loan Program
3. Review 2011 Fee Schedule
4. Discuss the Housing Action Plan Update for Mounds View
5. Review Updated Data Practices Act Guidelines and Procedures
Next Work Session: Monday, December 6, 2010, at 7pm
Next City Council Meeting: Monday, November 8, 2010, at 7 pm
Item No: 2
Meeting Date: November 1, 2010
Type of Business: WS
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Steinmetz, Economic Development Specialist
Item Title/Subject: Continue Discussion about Mounds View Home
Improvement Loan Program
Background
Over the past several months, the EDA/City Council has been discussing developing a
home improvement loan program to replace the EDA’s existing Housing Replacement
Program. City staff and the Greater Metropolitan Housing Corporation staff have
developed draft criteria of four loan options. The EDA reviewed the proposed criteria on
September 27th and October 25th.
Attached is a revised version of the draft criteria based on the EDA’s October 25th
discussion. Below is a summary of those revisions:
1) Asset limit criteria removed from Options 2, 3 & 4
2) Deferred criteria removed and 10-year loan term added to Option 1- Demolition Loan
Discussion
On October 25th, the EDA asked to review amortization scenarios at different interest
rates for Option 1, the Demolition Loan. Suzanne Snyder of the Greater Metropolitan
Housing Corporation (GMHC) has provided the attached “face sheets” on the
amortization of a $10,000 loan with a repayment term of 10 years. The face sheets
compare monthly payment amounts, the total payment amounts and the finance
charges between interest rates at 0%, 1%, 2%, and 3%.
Recommendation
Staff recommends that the City Council provide direction on the loan term and interest
rate for Option 1. In addition, staff recommends that the City Council provide direction
on the remaining Options 2, 3 & 4 to be considered for approval at the November 8,
2010 EDA meeting.
Respectfully submitted,
____________________________
Heidi Steinmetz, Economic Development Specialist
Attachments
Mounds View Home Improvement Program Draft Loan Criteria
Face sheets on the amortization of a $10,000 with a repayment term of 10 years at 0%, 1%, 2% & 3%
Economic Development Authority (EDA)
Home Improvement Loan Program Criteria
Draft 6 - November 1, 2010
Option 1 – Demolition Deferred Loan
The purpose of this loan is to provide loans to demolish blighted single-family or duplex
properties in Mounds View.
Blight Qualification (for Demolition Deferred Loan Only)
Once a deferred loan application is received, Mounds View’s Code Enforcement/Housing
Inspector will arrange, by appointment, an inspection of the interior of the home to
establish blight qualification. In addition, the inspector will make a determination as to
the potential presence of hazardous materials on the property and will obtain a statement
from the interested participant about any knowledge of the property’s use for production,
storage, deposit, or disposal of any toxic or hazardous wastes or substances or asbestos
products whatsoever, during the time the interested participant owned the property and
before the date of interested participant purchased property. If a property satisfies the
blight conditions as outlined herein, demolition procedures can continue. If the blight test
cannot be met, the city will notify the interested person in writing indicating the reasons
why the property cannot be considered as blighted.
Loan Amount Up to $10,000 secured by a note & mortgage
Loan Security All loans will be secured by a mortgage in favor of the City. The
loan may be secured in a subordinate lien position behind other
loans.
Interest Rate The interest rate will be fixed at 3%, and the monthly payment will
be fixed.
Loan Term Maximum loan term is 10 years. Loan is due upon sale, transfer of
title, refinance or if the property ceases to be owner-occupied.
Eligible Properties Eligible properties that qualify as blighted single-family or duplex
properties in Mounds View. See the Blight Qualification standard
below.
Demolition Bids Applicants are encouraged to first consider the Spring Lake
Park/Blaine/Mounds View Fire Department’s house burning/training
program demolition option. If that option is not feasible, applicants
must obtain three demolition bids. The demolition contractor will be
required to obtain all necessary City permits, pay applicable fees
and provide for appropriate handling and abatement of any
hazardous materials encountered. All contractors must be
licensed and insured.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 2 of 8
Option 2 – General Home Repair Loan
The purpose of this loan is to provide loans for general home repairs to owner-occupied
single-family or duplex homes in Mounds View.
Loan Amount From $1,000 to $15,000
Loan Security All loans will be secured by a mortgage in favor of the City. The
loan may be secured in a subordinate lien position behind other
loans.
Interest Rate The interest rate will be fixed at 3%, and the monthly payment will
be fixed.
Loan Term Maximum loan term is 15 years. Loan is due upon sale, transfer
of title, refinance or if the property ceases to be owner-occupied.
Income Limit The applicant’s household gross income shall not exceed 80% of
the area median income (see chart on page 5).
Loan to Value 90%
Debt to Income 50%
Eligible Properties Eligible properties are owner-occupied single-family or duplex
properties in Mounds View.
Eligible Repairs These loans can be used to finance exterior and/or interior
rehabilitation of a home and/or an existing garage. Eligible
permanent improvements include items to improve energy
efficiency or basic livability of the property, including accessibility
improvements for people with disabilities. New construction and
luxury items, such as a swimming pool, are not allowed.
Contractor Bids Applicants must provide the Housing Resource Center’s
Construction Manager with two bids for each improvement project.
All contractors must be licensed and insured.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 3 of 8
Option 3 − Code Enforcement Loan
The purpose of this loan is to provide loans to owner-occupied single-family or duplex
properties in Mounds View that have been required by the City of Mounds View to bring
their properties into compliance with the City Code.
Loan Amount From $1,000 to $7,000
Loan Security All loans will be secured by a mortgage in favor of the City. The
loan may be secured in a subordinate lien position behind other
loans.
Interest Rate The interest rate will be fixed at 3%, and the monthly payment will
be fixed.
Loan Term Maximum loan term is 15 years. Loan is due upon sale,
transfer of title, refinance or if the property ceases to be owner-
occupied.
Income Limit The applicant’s household gross income shall not exceed 80% of
the area median income (see chart on page 5).
Loan to Value 100%
Debt to Income 50%
Eligible Properties Eligible properties are owner-occupied single-family or duplex
properties in Mounds View.
Eligible Repairs Eligible repairs are those that Mounds View’s Code Enforcement
Officer have written to the property owner as structural code
citations. Citations for “junk” or debris removal are ineligible.
Contractor Bids Applicants must provide the Housing Resource Center’s
Construction Manager with two bids for each improvement project.
All contractors must be licensed and insured.
Other Code Enforcement Loan applicants may also apply for the General
Home Repair Loan not to exceed a total loan am amount of
$15,000.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 4 of 8
Option 4 − Emergency Deferred Loan
The purpose of this loan is to provide financial assistance to owner-occupied single-
family, duplex and manufactured home properties that are in hardship financial
circumstances, are unable to get money from other sources and have a serious health
and safety home repair situation that poses a threat to residents if not addressed
immediately.
Loan Amount Up to $7,000
Loan Security All loans will be secured by a mortgage in favor of the City. The
loan may be secured in a subordinate lien position behind other
loans.
Interest Rate The interest rate will be 0% deferred. Loan is due upon sale,
transfer of title, refinance or if the property ceases to be owner-
occupied.
Loan Term The loan is due on sale, transfer of title, when the primary
mortgage is paid off, or when the property ceases to be the
owner’s primary place of residence.
Income Limit The applicant’s household gross income shall not exceed 50% of
the area median income (see chart on page 6).
Loan to Value 100%
Debt to Income 50%
Eligible Properties Eligbile properties are owner-occupied single-family or duplex
properties in Mounds View. This includes manufactured homes.
Eligible Repairs Failure of the heating, electrical, ventilation, or plumbing/septic
system;
Roof leaks that have led to significant secondary damage to the
home’s interior;
A structural failure of the foundation, walls, or roof of the home
that could cause collapse;
An Environmental Intervention Blood Lead Level (EIBLL) of a
household resident; or
Other emergency conditions that could cause the home to be
or become uninhabitable will be considered by on a case-by-
case basis
Contractor Bid Applicants must provide the Housing Resource Center’s
Construction Manager with one bid for each improvement project
in an emergency situation if the construction manager deems the
bid reasonable. All contractors must be licensed and insured.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 5 of 8
Additional Criteria & Guidelines
General Home Repair & Code Enforcement Loans Only
Income Limit:
The total gross annual household income cannot exceed 80% of the current area
median household income, as defined by HUD per household size, as follows:
Household Size Income Limit
1 $45,100
2 $51,550
3 $58,000
4 $64,400
5 $69,600
6 $74,750
7 $79,900
8 $85,050
Property Eligibility:
Owner-occupied single-family, two-family or duplex properties located in the
City of Mounds View.
Condominiums & townhouses are eligible for individual interior repairs only.
Borrower’s existing first mortgage must be a prime/A-rated fixed rate
mortgage loan.
The borrower’s combined mortgage debt including the Mounds View loan
cannot exceed 90% of the property value to qualify for the General Home
Repair Loan and cannot exceed 100% of the property value to qualify for the
Code Enforcement Loan. This is based on the taxable market value as
determined by Ramsey County for the current year. Applicants also may
submit a third party appraisal that has been completed within the last 6
months. Such an appraisal is to be obtained by the applicant at their
expense.
Ineligible Improvements: Recreational/luxury improvements, working capital, debt
service or refinancing of existing debts.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 6 of 8
Additional Criteria & Guidelines
Emergency Deferred Loans Only
Program Purpose: The purpose of this loan is to provide financial assistance to
homeowners that are in hardship financial circumstances, are unable to get money
from other sources and have a serious health and safety home repair situation that
poses a threat to residents if not addressed immediately.
Income Limit: The total gross annual household income cannot exceed 50% of the
current area median household income, as defined by HUD per household size, as
follows:
Household Size Income Limit
1 $29,400
2 $33,600
3 $37,800
4 $42,000
5 $45,400
6 $48,750
7 $52,100
Property Eligibility:
Owner-occupied single-family, duplex properties or manufactured homes
located within the City of Mounds View.
Condominiums & townhouses are eligible for individual interior repairs only.
Borrower’s existing first mortgage must be a prime/A-rated fixed rate
mortgage loan. This criteria does not apply to mobile home owners.
The borrower’s combined mortgage debt including the Mounds View loan
cannot exceed 100% of the property value, based on the taxable market
value as determined by Ramsey County for the current year. Applicants also
may submit a third party appraisal that has been completed within the last 6
months. Such an appraisal is to be obtained by the applicant at their
expense.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 7 of 8
Application & Loan Disbursement Process
The Housing Resource Center’s (HRC) NorthMetro Office is the program administrator.
Please call the HRC’s construction and loan consultants at 651-486-7401 to answer
any questions about Mounds View’s loan program and/or your project.
GMHC Housing Resource Center NorthMetro Office
1170 Lepak Court
Shoreview, MN 55126
Phone: 651-486-7401
Fax: 651-486-7424
DO NOT SIGN ANY CONTRACTS OR START YOUR PROJECT UNTIL A CLOSING
HAS TAKEN PLACE. ANY PROJECT BEGUN BEFORE A LOAN CLOSING HAS
TAKEN PLACE WILL BE INELIGIBLE FOR PARTICIPATION IN THE PROGRAM.
Application Process: Completed applications will be processed by the Housing
Resource Center (HRC) - NorthMetro on a first-come, first-served basis, as funds are
available until all program funds are committed. After loan approval you will be notified
to come to the HRC for a loan closing to sign a Note and Mortgage.
Rehabilitation Consulting: HRC consultants will be available to advise borrowers
about proposed projects and conduct an optional initial home inspection. HRC will
review bid(s) for reasonableness.
Loan Costs: A credit report fee paid by applicant at time of application; mortgage
registration tax and filing fee and title policy paid by borrower at closing. The title policy
may be financed through the loan.
Contractors & Permits: Contractors must be properly licensed by the state of
Minnesota when required. Permits must be obtained when required by city code.
Total Project Cost: It is the borrower’s responsibility to obtain the amount of funds
necessary to finance the entire cost of the work. If the final cost exceeds the loan
amount, the borrower must obtain the additional funds. Borrower’s contribution to
project cost must be paid prior to release of loan funds. HRC can direct borrowers to
additional financing sources.
Work Completion: Weather permitting, work must be completed within 120 days of
loan closing.
Mounds View Home Improvement Loan Program Criteria
Draft 6
Page 8 of 8
Disbursement Process: Loan funds will remain in escrow at GMHC until payment for
completed work. The following items must be received before the funds can be
released:
1. Final Invoice from each contractor showing all amounts paid and due.
2. Lien Waiver. Original from each contractor.
4. Completion Certificate signed by each contractor and the borrower.
5. Permits Closed. Have the inspector sign the permit card, or have the
inspector leave a message at the HRC (651) 228-1077.
6. Final Inspection and approval by the HRC.
It may take up to 10 business days after receipt of above items to prepare checks.
Payment checks to contractors must be countersigned by the borrower. Lien waivers
must be provided before the funds will be released.
Item No: 3
Meeting Date: November 1, 2010
Type of Business: WS
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Review Draft of 2011 Fee Schedule
Attached is the draft of the 2011 Fee Schedule for your review. This was reviewed by all
Department Heads, and a final draft will be presented to the City Council by Public Hearing
on November 22, 2010. Changes to the Fee Schedule are highlighted in red and blue.
Section V (Park, Recreation, and MVCC Center Fees), the Park, Recreation and Forestry
Commission will be reviewing the fees at their October 28, 2010, Meeting. Revisions will
be made prior to this Work Session for City Council review.
Staff has also attached business license fees from the surrounding communities. Staff
increased the fees to the City’s businesses licenses at 2% except for the liquor licenses.
City Liquor Licenses Fees continue to be higher than most surrounding communities.
There will be another opportunity for the City Council to review the 2011 Fee Schedule at
the November 8, 2010, City Council Meeting.
Respectfully Submitted,
Desaree Crane
Assistant City Administrator
Business License Fees
(as of May 31, 2009 – LMC Website Survey)
Amusement Center License
City License Fee
Blaine $100
Bloomington $39 and $3 each additional machine
Brooklyn Park $15
Columbia Heights $500
Coon Rapids $390
Cottage Gove $400 (CUP)
Crystal $72 plus $15 for each additional machine
Forest Lake $100
Golden Valley $50
Hopkins $15
New Brighton $1,600
New Hope $15 and $15 for each additional machine
Plymouth $150
Richfield $433
Automobile Sales License
City License Fee
Andover $100
Brooklyn Center $250
Columbia Heights $300
East Bethel $350
Golden Valley $400
Ham Lake $100
Hopkins $400
Inver Grove Heights $300
New Brighton $150
Richfield $324
St. Paul $396
Business License Fees
2009
Page 2
Bowling Alley License
City License Fee
Brooklyn Center $20 per lane
Coon Rapids $55 (total)
Cottage Grove $50 per lane
Crystal $37 per lane
Forest Lake $115 per lane
Fridley $40 plus $10 per lane
Golden Valley $15 per lane
Hastings $10 per lane
Hopkins $25 per lane
Minnetonka $11 per lane
New Hope $15 per lane
Richfield $39 per lane
Vadnais Heights $300 first alley plus $50 each add’l alley
West St. Paul $55 first alley plus $50 for each add’l alley
Cigarette and Tobacco License
City License Fee
Andover $225
Apple Valley $440
Bloomington $145
Brooklyn Center $150
Brooklyn Park $200
Burnsville $350
Champlin $250
Columbia Heights $300
Coon Rapids $150
Cottage Grove $250
Crystal $325
Eagan $200
Edina $350
Elk River $150
Farmington $200
Forest lake $250
Business License Fees
2009
Page 3
Cigarette and Tobacco License continued…
City License Fee
Fridley $125
Golden Valley $200
Ham Lake $75
Hastings $150
Hopkins $200
Lakeville $300
Maple Grove $200
Minnetonka $235
New Brighton $275
New Hope $200
Oakdale $250
Plymouth $225
Prior Lake $250
Richfield $361
Robbinsdale $150
Shakopee $200
Shoreview $250
St. Paul $324
Vadnais Heights $300
West St. Paul $300
Woodbury $250
Garbarge Hauler License
City License Fee
Andover $150
Apple Valley $150 plus $50 per truck
Bloomington $47 first truck plus $20 each add’l truck
Brooklyn Center $85 License plus $25 per truck
Brooklyn Park $115 License plus $55 per truck
Burnsville $174
Chanhassen $300
Coon Rapids $55 License plus $25 per truck
Cottage Grove $550 Residential $350 Commercial
Crystal $105 License plus $50 per truck
Business License Fees
2009
Page 4
Garbarge Hauler License continued…
City License Fee
Eagan $100 License plus $60 per truck
East Bethel $100 License plus $60 per truck
Edina $300 License plus $95 per truck
Elk River $60 for the 1st truck plus $15 each add’l
truck
Forest Lake $100 per year
Fridley $60 for the 1st truck plus $15 each add’l
truck
Golden Valley $50 per truck
Ham Lake $500
Lakeville $75
Lino Lakes $75 for the 1st truck plus $45 each add’l
truck
Maple Grove $50 for the 1st truck plus $25 each add’l
truck
Minnetonka $110 for 1st truck plus $68 for each add’l
truck
New Brighton $225
New Hope $75 for the 1st truck plus $35 each add’l
truck
Plymouth $125 for the 1st truck plus $25 for each
add’l truck
Shoreview $110
Vadnais Heights $135 for the first 2 trucks plus $65 for each
add’l truck
West St. Paul $237.50 for the License plus $5 for each
truck
Woodbury $350
Business License Fees
2009
Page 4
Gasoline License
City License Fee
Apple Valley $60 per nozzle
Bloomington $49 for the total license per year
Brooklyn Center $90 plus $10 for each add’l nozzle
Brooklyn Park $50 plus $10 for each add’l nozzle
Champlin $200 plus $10 for each add’l nozzle
Columbia Heights $50 plus $10 for each add’l nozzle
Crystal $75 plus $14 for each add’l nozzle
Forest Lake $50 for the total license per year
Fridley $60 plus $30 for each add’l nozzle
Golden Valley $55 plus $15 for each add’l nozzle
Hopkins $75 plus $12 for each add’l nozzle
Inver Grove Heights $60 plus $8 for each add’l nozzle
New Brighton $210 for the total license per year
Plymouth $130 for the total license per year
Robbinsdale $100 plus $10 for each add’l nozzle
Shoreview $50 per nozzle
Vadnais Heights $28 Non Self Service and $82 Self Service
West St. Paul $66.50 plus $11.50 for each add’l nozzle
Business License Fees
2009
Page 5
Peddler/Solictor License
City License Fee
Andover $100
Apple Valley $45/14 days or $75 per year
Bloomington $28/day per peddler/solicitor
Brooklyn Park $30 per week; $50 per year
Burnsville $50/day
Chanhassen $25 fee per day plus $25 Badge Deposit.
Chanhassen charges non-profits a flat fee
of $50
East Bethel $5,000 (this is not a typo)
Edina $30 per peddler/solicitor per 14 days
$50 flat fee for non-profits (valid for 90
days)
Elk River $100 per year
Fridley $60 per solicitor
Golden Valley $30 for the license plus $5.00 per
peddler/solicitor
Lino Lakes $250 every six months
Richfield $53 per peddler/solicitor (license is valid
for 6 months)
Restaurant License
City License Fee
Bloomington $800 or $1,000 depending on meals
served per day
Brooklyn Park $660
Hopkins $140 - $350
Minnetonka $635
Robbinsdale $50 with alcohol
$200 without alcohol
Vadnais Heights $145 for each 2,000 sq ft
West St. Paul $204
Last updated: October 28, 2010
1
I. .................. Building/Community Dev. Related Fees P. 4
a. ........................................................................... Valuation Table P. 4-5
b. ................................................................................ Surcharges P. 6
c. .................... General Construction, Home, Building Permits, Misc. P. 7-11
Accessory Building/Shed
Addition
Basement
Basic Floor Area
Deck
Door/Window Installation
Driveways, Sidewalks, Parking Lots and Patios
Electrical Work
Elevators
Excavating, Grading, Filling
Fences
Fire Alarm System
Garages
Garbage/Recycling Enclosure
HVAC
Mobile Homes
Moving Buildings
Pipe Fitting
Plumbing Work
Porch
Raising, Shoring
Refrigeration Work
Remodeling
Reshingling
Re-siding/Stucco
Satellite Dishes
Signs/Billboards
Sprinkling System
Sprinkler Plan Check Fee
Stucco
Swimming Pools
Tank (fuel, gas) Installation/Removal
Tent, Temporary
Telecommunication Antenna Building Permit Fee
Windows
Wrecking
2
d. ......................................... Other Inspections/Planning Fees P. 12-14
Building Inspections
Code Appeal
Comprehensive Plan Amendment
Conditional Use Permit
Contractor Licenses
Development/Site Plan Review
Housing Inspection Fees
Multiple Dwelling Registration/Transfer
Plan Review Fee
Planned Unit Development/Amendment
Reinspection Fees
Rezoning
Street or Easement Vacation
Subdivisions
Variance
Wetland Alteration Permit
Wetland Buffer Permit
II. ........ Miscellaneous (copies, maps, agendas, etc.) P. 14
Certified Copies
Filing Fee for Public Office
Insufficient Fund Checks (NSF)
Municipal Code
Notary Public
Outdoor Sign Usage
Pending Assessment Search
Photocopies
Video Tape Copies
Zoning Code: Photocopy/CD Rom
III…….……………. Police/ Administrative Offenses P. 16
IV. .................................................................... Licenses P. 17-20
Amusement Centers/ Devises/Rides, Carnivals, Circuses
Automobile Sales
Bowling Alley
Boxing and Wrestling Permit
Cigarette and Tobacco
Dog Licenses
Fireworks
Garbage and Rubbish Hauler License
Gasoline Station License
Kennel License
Liquor Licenses/Investigation Fee
Peddlers/Transient Merchant License/Investigation Fee
Recuperation of Half Way House
Restaurant License
Therapeutic Massage/Investigation
3
V. . Park, Recreation, and MVCC Facility Rental Fees P. 21-26
Banquet and Conference Center Rental
Gymnasium Rental
Athletic Field Rental
Park Building and Picnic Shelter Rental
VI. ..................................... Public Works Related Fees P. 27-31
Call Out Rate Schedule
Right-of Way Management Fees
Municipal Water System Fees
Municipal Sanitary Sewer System Fees
Surface Water Management Utility Fees
Street Lighting Utility Fees
Construction Site and land Disturbance Fees
Other Management Public Works Fees
4
I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES
A. VALUATION TABLE
The following Valuation Table shall be used to determine fees for those permits indicated below and
in all cases where the work is of such a nature that the permit fees cannot be determined from the
schedule established below for such work. The minimum fee for all permits shall be $23.50 $29.50
unless otherwise specified.
$1 to $500
$23.50 for the first $500 $29.50
$501 to $2,000
$23.50 plus $3.05 for each additional $100 or
fraction thereof, to and including $2,000 $28 for the
first $500 plus $3.70 for each additional $100 or
fraction thereof, to and including $2,000
$2,001 to $25,000
$69.25 for the first $2,000 plus $14 for each
additional $1,000 or fraction thereof, to an including
$50,000$83.50 for the first $2,000 plus $16.55 for
each additional $1,000 or fraction thereof, to and
including $25,000
$25,001 to $50,000
$391.25 for the first $25,000 plus $10.10 for each
additional $1,000 or fraction thereof to an including
$50,000$464.15 for the first $25,000 plus $12 for
each additional $1,000 or fraction thereof, to and
including $50,000
$50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each
additional $1,000 or fraction thereof, to and
including $100,000$764.15 for the first $50,000 plus
$8.45 for each additional $1,000 or fraction thereof,
to and including $100,000
$101,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each
additional $1,000 or fraction thereof, to and
including $500,000$1,186.65 for the first $100,000
plus $6.75 for each additional $1,000 or fraction
thereof, to and including $500,000
$500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each
additional $1,000 or fraction thereof.$3,886.65 for
the first $500,000 plus $5.50 for each additional
$1,000 or fraction thereof, to and including
$1,000,000
$1,000,001 and up
$5608.75 for the first $1,000,000 plus $3.15 for
each additional $1,000 or fraction thereof.$6,636.65
for the first $1,000,000 plus $4.50 for each
additional $1,000 or fraction thereof
5
Specific Valuations
Accessory Buildings: Garages & Sheds
Attached Garage $28.63 per sq. ft.
Detached Garages & Sheds, > 120 sq. ft. (w/ concrete floor) $15.75 per sq. ft.
Detached Garages & Sheds, > 120 sq. ft. (w/ wood floor) $10.02 per sq. ft.
Carport/Leanto $14.32 per sq. ft.
Residential Dwelling Additions
First Floor and basic floor area $83.51 per sq. ft.
Second Floor $64.71 per sq. ft.
Shell Only $47.51 per sq. ft.
Addition (mobile home) $26.48 per sq. ft.
Gazebo/Outdoor Living Room $29.17 per sq ft.
Basement
Unfinished $16.44 per sq. ft.
Rough-In Finish $21.40 per sq. ft.
Finished $27.81 per sq. ft.
Crawl Space $8.53 per sq. ft.
General Remodel $22.33per sq. ft.
Deck
Residential $9.92 per sq. ft.
Porch
Screen only $29.17 per sq. ft.
Three-Season (wood frame/windows/doors Not Heated) $52.83 per sq. ft.
Open Porch $22,00 per sq ft.
Swimming Pools (See Chapter 1009)
Above ground -Permanent (over 52” in depth)
$10.61 per sq. ft.
Below ground $31.82 per sq. ft.
6
B. SURCHARGES
Building Surcharge: Where the fee for the permit is based upon valuation, the surcharge is as follows:
1. Building Surcharge
(For valuation-based permits, the surcharge is as follows)
Valuation of Work Surcharge Computation
$1,000,000 or less
.0005 x valuation
$1,000,000 to $2,000,000
$500 + .0004 x (Value - $1,000,000)
$2,000,000 to $3,000,000
$900 + .0003 x (Value - $2,000,000)
$3,000,000 to $4,000,000
$1,200 + .0002 x (Value - $3,000,000)
$4,000,000 to $5,000,000
$1,400 + .0001 x (Value - $4,000,000)
Greater than $5,000,000
$1,500 + .00005 x (Value - $5,000,000)
For fixed-fee permits, the surcharge shall be $5.00 per permit (or .0005 of the permit fee if
permit fee exceeds $10,000).
2. Heating & Plumbing Surcharge
Residential
$5.00 per permit (or .0005 of the permit
fee if fee exceeds $10,010).
Commercial
Use the above table
7
C. GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS.
(Note: Surcharges Not Included in All Figures Listed below -- See Surcharge Section in Chapter
1006 for More Information)
Accessory Buildings Use valuation table
Residential Additions Use valuation table
Residential Remodels Use valuation table
Deck 30” and under, or not attached to
dwelling
$30 (no surcharge)
Demolition and Wrecking $25 $30 plus $3.00 per 1,000 cubic feet or fraction
thereof over 2,000 cubic feet plus $5.00 surcharge
Door or Window Installation
Change Opening $40 for first windows/door plus $12.50 for each
additional window/door (plus $5.00 surcharge)
Use Existing Rough opening $30 for first window/door plus $5.00 for each additional
window/door (plus $5.00 surcharge)
Egress Basement Window $50 for first window $25 for each additional window
(plus $5.00 surcharge)
Driveways, Sidewalks, Parking Lots, Patios; New Installation or Overlay (No Surcharge)
Residential
R-1 or R-2 Overlay or Seal Coating with
no expansion, no permit needed.
R-4 or R-4 Overlay or Seal Coating
Concrete/Asphalt/Brick: $30 for first 500 square feet
plus $2 for each additional 100 square feet or fraction
thereof (no surcharge)
Gravel*: $20 (no surcharge)
* See zoning code for gravel limitations.
$25 for first 500 square feet plus $2 for each
additional 500 square feet.
Commercial
Use valuation table
Electrical Work -- Same as established in the Minnesota State Board of Electricity. Electricians,
March 1, 1972 Edition of Laws and Regulations Licensing Electricians and
Inspections of Electrical Installations as Amended.
Elevators Use valuation table
Fences/Kennels
Six feet and below
Above six feet
$30 per installation (no surcharge)
$35 per installation (plus $5.00 surcharge)
8
Fire Permits
Fire Alarm Systems/Panels
Fire Works Display
Fireworks Sales
Temporary Tent
Tank Installation (fuel, oil, gas, etc.)
Tank Removal (fuel, oil, gas, etc.)
Operational Permits
$100
$100
$350 (business selling only fireworks)
$100 (business selling fireworks & other retail)
$50
$100 per tank (no surcharge)
$50 per tank (no surcharge)
$25 (annually)
Fireplaces
Wood/Corn burning Stove (Building
Permit)
$30 plus $5.00 surcharge
Gas Fireplace (Mechanical Permit) $30 plus $5.00 surcharge
HVAC (Plus Surcharge)
Commercial HVAC
1.5% of contract price plus surcharge at .0005 times
contract price
Residential:
Air Conditioning $35 per unit
Furnaces $40 per unit – New
$30 - Replacement
Air Exchanger $30 per unit
Sheet Metal / Duct Work $30
Ventilation Systems $15 for the first fan plus $5 for each additional
Gas fireplace $30 (includes incidental piping)
Gas, oil piping $30 per unit
Wood/Corn Burning Stove $30 per unit
Steam, hot water heating $40 per unit
Irrigation Systems (landscaping) $30 (plus $5.00 surcharge)
Mobile Manufactured Homes (See Chapter 1110)
Installation $50 per installation (plus $5.00 surcharge)
Mechanical (Gas hook up) $25 (plus $5.00 surcharge)
9
Moving Buildings (See Chapter 1007)
Principal Structure $175 per building (plus $5.00 surcharge)
Accessory Structure (larger than 400sq. ft.) $50 per building (plus $5.00 surcharge)
Accessory Structure (400sq. ft. or less) $25
Plumbing Work - (Chapter 1004)
Residential - Plumbing fixture, devices,
Connections
Residential - Fixture Replacement (same
opening) or Repair
Commercial (4 units and up)
Randon Mitigation System
$22 plus $8 per fixture (plus $5.00
surcharge)
$15 or 5% of value whichever is greater
up to $30 (plus $5.00 surcharge)
1.5% of contract price plus surcharge at
.0005 times contract price
$30 (Retro)
Porch Use valuation table
Raising, shoring Use valuation table
Re-shingling
Residential
(Re-shingling permit not required for buildings
under 120 square feet)
$25 for this first 500 square feet plus $4
for each additional 100 square feet or
fraction thereof (plus $5.00 surcharge)
Commercial Use Valuation Table
Re-siding / Stucco
Residential
(Re-shingling permit not required for buildings
under 120 square feet)
Soffit/Fascia only (fee not required if included
with siding permit)
$25 for the first 500 square feet plus $4
for each additional 100 square feet or
fraction thereof (plus $5.00 surcharge)
Soffit/Fascia: $30 per installation (plus
$5.00 surcharge)
Commercial Use Valuation Table
Retaining Wall
10
Four feet and below
Above four feet
$25 $30 (no surcharge)
$35 $40 (plus $5.00 surcharge)
Re-siding / Stucco
Commercial Use Valuation Table
Satellite Dishes (See Chapter 1103.18)
• (no permit required for mini dish systems)
$25 $30 per installation (plus $5.00 surcharge)
Sheds (120 square feet and less) $ 25 $30 (no surcharge)
Signs (Zoning Permit, no surcharge) , Billboards (Building Permit, surcharge) (See Chapter
1008)
Signs up to 100 sq ft. $50 for the first 24 square feet plus $5.00 for each
additional 25 square feet or fraction thereof up to
100 square
Signs 100 sq. ft. and over $75 for the first 100 square feet plus $10 for each
additional 100 square feet or fraction thereof
Signs re-facing or altering $30 $40 per installation
Temporary Signs $30 $40 per 21 day period (Limit 3 permits per
year) at least one permit must be for a banner
Billboards $250 per billboard (plus $5.00 surcharge)
Sprinkling Sprinkler Systems (Fire Suppression)
Sprinkler; Residential $40 plus $4.50 for each ten sprinkler heads or
fraction thereof over the ten heads, plus $5.00
Sprinkler; Commercial 1.5% of the contract price plus surcharge at .0005
times the contract price
Sprinkler Plan Check Fee 65% of permit fee (for new construction or 20
heads or more only)
Swimming Pools
Above ground -Permanent Use Valuation Table
Temporary (52” high or less) $25 (plus $5.00 surcharge)
Telecommunication Antenna
(Building Permit Fee, see also Chapter
1124)
$750 plus $5.00 surcharge per system installation.
For installations on-city property, fee is 7% of
yearly rent to city (plus $5.00 surcharge)
$50 each for swapping antennas
Temporary Office (Mobile home) $50 ($10 annual renewal)
11
Commercial Warehouse Racking Systems $50 (new installations or revisions)
Windows See Door/Window Installation
D. OTHER INSPECTIONS / PLANNING FEES
Applicants are responsible for all costs incurred associated with the filing, review and processing
of development applications. Such fees are to be paid in escrow up front or upon receipt of
statement from the City of Mounds View. Fees may include but are not limited to costs for
consultants retained by the City, consultant planning services, attorney, and engineer fees. A
deposit may also be required to cover costs of public notices, materials and staff time spent in
the review, research or preparation of materials associated with this application. The applicant
shall be responsible for all reasonable incurred costs in excess of the initial deposit amount.
Any portion of the deposit not spent or encumbered shall be refunded to the applicant within 30
days after consideration of the application is completed. Payment of park dedication fees is
required with subdivision applications. Application fees are not refundable.
Building Inspections
Inspections conducted outside of
normal business hours
$47$63.25/hr. (Minimum charge two hours)
Inspections for which no fee is
specifically indicated
$47$63.25/hr. (Minimum charge - one half hour)
Reinspection Fees $47$63.25/hr.
Change of Address $150
Comprehensive Plan Amendment $500
Conditional Use Permit (CUP)
R-1 to R-2 $150
All other Districts $375
CUP Amendment Same as CUP Fee
Contractor Licenses (See Chapter 1001) $50 $60 per Year State License
after June 30th $40
Contractors License Verification Fee $5 per permit (See building procedures)
Development/Site Plan Review $375$400
Housing Fire Inspection Fees (See Chapter 1012)
Initial and Follow up Inspection No charge
Each Additional Inspection $47$63.25/inspection (approved by Resolution 7330)
12
Housing Conversion Fee $200 ($100, if owner completes Absentee Landlord
Class or an equivalent)
Interim Use Permit (IUP) $375 $400
IUP Amendment $375$400
13
Investigation Fee Equivalent to permit fee (when work commences without
an approved permit)
Lead Certification Verification Fee $5
Park Dedication Fee (See Ord 745) Up to 10% of fair market land value
Plan Review Fee
* Refund Policy: No plan review
fee may be refunded after
review has been completed.
*Payment Received Before Plan
Review
Plan Review Fee, “Similar”
65 percent of permit fee for all commercial permits and for
residential permits for new dwellings, dwelling additions,
garages, garage additions, decks, sheds over 216 square
feet, and major remodeling. Additional Plan Review Fee
required by changes, additions or revisions to plans $47/
hr. (Minimum charge one half hour) Plan review for outside
consultants for plan checking and inspections, or both.
Actual costs including administrative and overhead costs.
Where all units are the same or similar, each unit after first
shall be 25% of original fee.
Planned Unit Development (PUD) (See
Chapter 1120)
$750
PUD Amendment $375 $400
Refund Policy All but $40 of the permit fee can be refunded within 100
days of application if work has not commenced.
Rezoning $500
Street or Easement Vacation $250
Subdivisions
Minor Subdivision $275$300
Major Subdivision $500$600
Text Amendment, Zoning Code $250$400
Text Amendment, Other City Code $150$300
Variance
R-1, R-2 (Administrative) $75 $100 (additional $100 $125 if formal variance is
required)
R-1 and R-2 (Formal) $150$200
All Other Districts $375$400
14
II. MISCELLANEOUS FEES
Certified Copies $5 plus photocopy fee of .25 per page
Filing Fee for Public Office See Mounds View City Charter
Insufficient Funds (NSF) checks (returned or
NSF checks)
$30
Municipal Code $200
Notary Public $1 plus any photocopy charges
Outdoor Sign Usage (City Hall) $25 (2 week maximum)
Photocopies Black/White (8 ½” x 11”): .25 per printed side
Black/White (11” x 17”): .50 per printed side
Black/White (24”x 36”): $2.00 per printed side
Color (8 ½” x 11”): $1.00 per printed side
Color (11” x 17”): $2.50 per printed side
Color (24”x 36”): $10.00 per printed side
Pending Assessments Search $10
Video Tape/ DVD Copies $15
Zoning Code CD Rom $15
50th Anniversary Mounds View Cookbook
Mounds View History Book
$5
$5
Wetland Buffer Permit
R-1 and R-2 $25 $30
All Other Districts $100
Wetland Alteration Permit
R-1 and R-2 $150$200
All Other Districts $350
Zoning Letter $25$30
15
III. POLICE/ADMINISTRATIVE OFFENSES
Crime Free Multi Housing Participant No charge
Driver License Record (Out of state) $6
Fingerprint Cards $15 for first card/$5 for each additional card
Police/Accident Reports .25 for each page
Police Reports Research $50/hr for research, .25 per page
Certified Copy of Report $5 for certification and .25 per page
Color Printed Copy $2.00/page
35mm Standard Photos $1.00/print
Cassette or Video tape $25.00
Electronic copies to Digital Media $15.00 per disc
Impound Vehicle Storage Fee $15.00 per day
30’ Stop Sign $15
Alcohol in public $50
Animal Impoundment Fee $25 for the 1st violation within 12 months
$50 for the 2nd violation within 12 months
$75 for the 3rd and subsequent violations w/in 12 months
Bldg. And Fire Code $100$150
Blocking Driveways $100
Fire hydrant $25
Fire Lane $25
Garbage Dumping $100
Handicap Zone $200
House Numbers $25
Junk Vehicles $50
Junk & Debris $50
Keys in Ignition $20
Loads limits $150
Loitering $25
16
Other Illegal Parking $15
Park Ordinance $25
Regulated Business Activity (Title 500) $100
Signs (Chapter 1008) $100
Snowbirds $25
Snowmobiles $25
Loud Parties/Noise: Mufflers, Stereos and
other violations of State and City Noise
Codes
$50
Property Based Violations 1st Offense: $150
2nd Offense (within 12 months): $300
3rd Offense (within 12 months): $450
Administrative Hearing: $50
Tobacco Penalties, Sale to Minors: Administrative Penalties for Individuals
1st Offense: $100
Subsequent Offenses $50 per offense
Trespass $25
Truck parking $25
Watering Ban Violations 1st violation Written Warning
2nd violation $25.00
3rd violation $50.00
4th violation $100.00
5th violation $200.00
6th violation Turned over to the City Attorney for
criminal prosecution of theft
Wetlands (Chapter 1010) $100$150
Zoning (Title 1100) $100$150
17
IV. LICENSES (All licenses subject to a 10% late fee where applicable.)
Amusement Devices and Centers (Chapter
506)
$15 $16 per location plus $15 $16per machine
Automobile Sales (Chapter 510) $200.00$204/year
Amusement Rides, Carnivals, Circuses
(Chapter 506)
$130 $133for first day plus $20 $21for each
additional day
Bowling Alleys (Chapter 507) $20/$21alley/year
Boxing and Wrestling Processing Fee Regulated by the State of Minnesota
Cigarette and Tobacco License Fee (Chapter
512)
$225.00$230/year
Contractor License $50 per year
Prorated after June 30th: $40
Dog Licenses (decreased by 50% after one year)
Spayed or neutered $7/2 years
Unsprayed or Unneutered $13/2 years
Duplicate tags $2
Garbage and Rubbish Hauler (Chapter 603) $78$80 plus $21 $22per vehicle/year
Gasoline Stations (Chapter 509) $70 $72plus $12 $25per pump
Kennel (Chapter 701)
Residential $31$32/year
Commercial $60$61/year
18
Liquor Licenses (Chapter 502, 503)
On-Sale without Cabaret $.65 per square foot for that space which is used
primarily as bar area and $.53 per square foot for
that space which is issued primarily as dining
area with a minimum fee of $3,000 and a
maximum fee of $10,000
On-Sale with Cabaret $.65 per square foot for that space which is used
primarily as bar area and $.53 per square foot for
that space which is issued primarily as dining
area with a minimum fee of $3,000 and a
maximum fee of $10,000 (Resolution No. 4629)
State Liquor Certificate $20/year
On-Sale Wine $800/year
Off-Sale Intoxicating $200/year
Bottle Club $330/year
On-Sale Malt Liquor/3.2 Beer $1,000/year
Off-Sale Malt Liquor/3.2 Beer $100/year
Set Ups $330/year
Club $330/year
Temporary Liquor License $100 per event
Investigation Fee: All Liquor Licenses
Single Person $300/$350
Partnership $365/$385
Corporation $400/$450
19
Rental Dwelling License (Chapter 1012)
Single Family
License fee discounts:
• Certification Level C
• Certification Level B
• Certification Level A
$60 base fee plus $8 per unit (multi-
family)20% fee reduction. After March 30th
$30.
33% fee reduction
50% fee reduction
Multiple Dwelling Rental License Transfer $30
Single Family Rental Conversion Rate $200 ($100, if owner completes Absentee
Landlord Class of an equivalent)
Pawn Shops (Chapter 516)
Non-Refundable Application Fee (includes
cost of investigation)
$500
New Manager Investigation Fee $150
Annual License $10,000
Billable Transaction Fee $1.50 per transaction
Performance Bond $10,000
Peddlers / Transient Merchants / Solicitors (Chapter 504)
Permits $60$61/day
$200$204/month
$500$150/year
Investigation fee $10 $15investigation fee for new peddler
I.D. Card $5.00/person
Recuperation or Half Way House (Chapter 511)
Less than 10 beds
$33/year
10-49 beds
$55/year
50-99 beds
$82/year
Over 100 beds
$110/year
Restaurants -- Class A (occupancy load greater than 100) (Chapter 505)
20
Operating 16 hours/day or less $275$280
Operating more than16 hours/day $550$560
Restaurants -- Class B (occupancy load of 100 or less)
Operation 16 hours/day or less $165$168/year
Operating more than 16 hours/day $330$337/year
Tattoo and Body Piercing License /Investigation Fee (Chapter 515)
Enterprise License License Fee $250
Investigation Fee $100
Specialist License License Fee $100
Investigation Fee $100
Temporary License $100
Therapeutic Massage License Fee/Investigation (Chapter 514)
Enterprise License $250$255
Therapist License $100$102
Individual Investigation Fee $100
Partnership / Corporation Investigation Fee $350
Temporary Massage License $100
21
V. PARK, RECREATION, AND MVCC FACILITY RENTAL FEES
Classifications for Rental Fee Rates:
Class I: School District 621, Mounds View Scouts, Lions and 4-H, Mounds View Area Athletic Associations (w/10%
roster MV residents)
Class II: Mounds View Residents, Mounds View Religious Groups (w/Mounds View Address), Local Political
Groups and Mounds View Non-Profits (w/Mounds View Address)
Class III: Mounds View City Employees, Non-local School Districts, Non-local Non-profit Groups.
Class IV: All For-Profit Groups, Non-local Religious Groups, Non-resident individuals/private agencies,
businesses/vendors, and Colleges and Universities.
**The City Clerk/Administrator may waive the rental fees for charitable events held for the benefit of Mounds View
residents upon receiving a written request outlining the nature of such event.**
BANQUET AND CONFERENCE CENTER RENTALS
Event Center 1/6 (Seats 50)
*Class I excludes set up services
in Event Center or additional set-
up in multi-purpose rooms and
gymnasium.
Class I 2010 2011
Hourly: $11.00 $11.50
4 hour block: $ 35.00 $36.00
Class II
Hourly: $21.00 $22.00
4 hour block: $74.00 $77.00
Class III
Hourly: $28.00 $29.00
4 Hour block $94.00 $98.00
Class IV
Hourly: $39.00 $40.00
4 hour block $132.00 $138.00
Event Center 1/3 (Seats 100)
*Class I excludes set up services in
Event Center or additional set-up in
multi-purpose rooms and
gymnasium.
Class I 2010 2011
Hour: $20.00 $21.00
4 hour block: $60.00 $63.00
Class II
Hourly: $32.00 $33.00
4 hour block $106.00 $111.00
Class III
Hourly: $45.00 $47.00
4 hour block $144.00 $150.00
Class IV
Hourly: $66.00 $69.00
4 hour block $221.00 $232.00
22
Full Event Center (Seats 400)
*Class I excludes set up services
in Event Center or additional set-
up in multi-purpose rooms and
gymnasium.
Class I 2010 2011
1 Hour $35.00 $36.00
4 hour block: $105.00 $110.00
Class II
Hourly: $85.00 $89.00
4 hour block: $276.00 $285.00
Class III
Hourly: $122.00 $128.00
4 hour block: $397.00 $410.00
Class IV
Hourly: $155.00 $162.00
4 hour block: $492.00 $510.00
Kitchen
(To be used by Licensed Caterer
Only)
*Class I excludes set up services
in Event Center or additional set-
up in multi-purpose rooms and
gymnasium.
Class I 2010 2011
Hourly $16.00 $16.50
4 hour block: $40.00 $42.00
Class II
Hourly: $32.00 $33.00
4 hour block $106.00 $110.00
Class III
Hourly: $44.00 $45.00
4 hour block $143.00 $150.00
Class IV
Hourly: $66.00 $68.00
4 hour block $221.00 $230.00
Multi-Purpose Rooms A and B
(Seating up to 10-20 )
For multi-purpose rooms and
gymnasium rentals, if the MVCC is not
otherwise open, the permit holder will be
charged an additional $15/hour for a
staff fee.
Class I 2010 2011
Hourly: $11.00 $11.50
4 hour block: $35.00 $36.00
Class II
Hourly: $21.00 $22.00
4 hour block $74.00 $76.00
Class III
Hourly: $28.00 $29.00
4 hour block $94.00 $98.00
Class IV
Hourly: $39.00 $40.00
4 hour block $132.00 $136.00
23
Multi-Purpose Room C and Youth
Room (Seating up to 30-40)
For multi-purpose rooms and
gymnasium rentals, if the MVCC is not
otherwise open, the permit holder will be
charged an additional $15/hour for a
staff fee.
Class I 2010 2011
Hourly Rate (2 hr min.): $37.00 $38.00
4 Hour block: $127.00 $130.00
Class II
Hourly Rate (2 hr min.): $48.00 $50.00
4 Hour block: $159.00 $165.00
Class III
Hourly Rate (2 hr min.): $56.00 $58.00
4 Hour block: $188.00 $195.00
Class IV
Hourly Rate (2 hr min.): $66.00 $68.00
4 Hour block: $220.00 $230.00
Other Charges Overhead Projectors: $10/day
TV & VCR: $15/day
Microphone $40/day
Screen: $35/day
LCD Projector & Screen $20 / hour,
$75 / day
$100/day
$25/hour
Lobby $125 / day
Bar $20
Lattice $50
Cooler $50 / day
Coffee Pot and Carafes $10
Table Linens $3 each
Napkins $.15 each
Playland $25 / hour, $100 / day
Gymnasium Rental
Full Gym (Up to 4 hours – hourly rate)
Full Gym (Hourly Rate Exceeding 4
Hours)
Half Gym (Up to 4 Hours – hourly rate)
h
Half Gym (Hourly Rate Exceeding 4
hours)
Class I: $35
Class II: $40
Class III: $45
Class IV: $60
Class I: $70
Class II: $80
Class III: $90
Class IV: $120
Class I: $25
Class II: $30
Class III: $35
Class IV: $50
Class I: $50
Class II: $60
Class III: $70
Class IV: $120
24
Mounds View Athletic Fields
Fees Based Upon an Individual Event/Game/Practice. Reservations for Classes II, III,
IV will begin on March 1st. Field Reservations may be limited depending upon the
number of teams and fields available. The MV YMCA & Parks Maintenance Staff will
set a seasonal field use policy to determine field available, appropriate age groups,
dates, and times available and fields available. For purposes of the fees below, a
time block is considered four (4) hours.
Tournaments
Baseball & Softball Fields (Youth Only)
Hillview
Groveland
Oakwood
Greenfield
Lambert
City Hall
Softball Fields (Adults or Youth)
City Hall
Silverview
Soccer Fields (Youth Only)
Silverview
Groveland
Oakwood
Lighting Fee for Softball Fields
$100 per Field per Day
(If Field Maintenance is required during
tournaments, an additional $30 per hour
with a two-hour minimum will be charged.
Class I: 1 time block free per/wk
$5 per add’l time block
Class II: $5 per time block
Class III: $10 per time block
Class IV: Not applicable
Class I: 1 time block free per/wk
$5 per add’l time block
Class II: $5 per time block
Class III: $15 per time block
Class IV: $30 per time block
Class I: 1 time block free per/wk
$5 per add’l time block
Class II: $5 per time block
Class III: $10 per time block
Class IV: Not Applicable
Class I: $20 per time block
Class II: $30 per time block
Class III: $40 per time block
Class IV: $40 per time block
25
Park Building Rentals – Random, Groveland, Hillview, and Lambert Parks
(see Page 21 for Classifications)
$100 Refundable Damage Deposit
Required
$50 Service Fee will be Charged to Groups
of 50 or more
Class I
4 hours: $15
Full day: $30
Class II
4 hours: $35
Full day: $70
Class III
4 hours: $50
Full day: $100
Class IV
4 hours: $70
Full day: $140
Picnic Shelter Rentals – Silver View and City Hall Parks
(see Page 21 for Classifications)
$100 Refundable Damage Deposit
Required
$50 Service Fee will be Charged to Groups
of 50 or more
Class I
4 hours: $35
Full Day: $70
Class II
4 hours: $50
Full day: $100
Class III
4 hours: $70
Full day: $140
Class IV
4 hours: $100
Full day: $200
26
VI. PUBLIC WORKS RELATED FEES
CALL-OUT RATE SCHEDULE (used for all hourly-based fees in this chapter)
Normal Business Hours for Call-out Rates 7:00 a.m. to 3:00 p.m., Monday thru Friday
After-Hours for Call-out Rates 3:00 p.m. to 7:00 a.m., Monday thru Thursday
Weekend and Holiday Hours for Call-outs 3:00 p.m. Friday to 7:00 a.m. Monday + Holidays
Standard Call-out Rate: Specified time
conducted entirely within normal business
hours
$30 $50 per hour specified
After-Hours Call-out Rate: Specified time
conducted entirely within or partially during
after-hours
$60 $85 per hour specified
Weekend/Holiday Call-out Rate:
Specified time conducted during weekend
and holiday hours
$90 $120 per hour specified
RIGHT-OF-WAY MANAGEMENT FEES (Chapter 910)
Registration Fee (Annually) $25
Excavation Permit Fees:*
Hole Fee
Trench Fees (requires Hole Fee)
Trenchless Fees (req. Hole Fee)
$125 per hole excavated
$50 per 100 lineal feet of trenching beyond hole
$25 per 100 lineal feet of utility installed using
trenchless methods (HDD, etc.)
Obstruction Permit Fees:*
Obstruction Base Fee
Lineal Obstruction Fee
(requires Obstruction Base Fee)
$50 per obstruction
$7 per 100 lineal feet obstructed (in-line w/ traffic)
per each week of obstruction
Permit Extension Fee $20
Delay Penalty $10 per day
Restoration Cost Security: Determined on
a permit-by-permit basis by the PW Director
Hole Excavation
Trench Excavation
Trenchless Excavation
Minimum security amounts:
$1,000 per hole excavated
$1,000 per 100 lineal feet of trenching beyond
hole
$500 per 100 lineal feet of utility installed using
trenchless methods (HDD, etc.)
*Additional fees may be required for legal and consulting engineering costs incurred by the City
27
MUNICIPAL WATER SYSTEM FEES (Chapter 906)
Water Availability Charge (WAC):
Residential $500 per unit
Commercial/Industrial $1,000 per acre of developable land
($1,000 minimum charge)
Water Rates and Surcharges:
Water Usage Rate – Residential
0 to 15,000 gallons per quarter
15,001 to 30,000 gallons per quarter
Over 30,000 gallons per quarter
$1.60 $1.70per 1,000 gallons
$1.76 $1.87per 1,000 gallons
$2.02 $2.15per 1,000 gallons
Water Usage Rate – Commercial
0 to 150,000 gallons per quarter
150,001 to 750,000 gal. per quarter
750,001 to 1,250,000 gal. per quarter
Over 1,250,000 gallons per quarter
$1.60 $1.70per 1,000 gallons
$1.76 $1.87per 1,000 gallons
$1.94 $2.06per 1,000 gallons
$2.23 $2.37per 1,000 gallons
Water Quality Testing Charge $1.59 per connection quarterly
Water Service Line Repair Charge $4.50 per connection quarterly
Meter Read Program Penalty
(Failure to participate or grant access
for installation or repair)
$75 per connection quarterly
Utility Bill Late Payment Fee 10% of delinquent bill amount
Utility Bill Assessment Search $10
Water Connection/Repair Permit Fees:*
Service size of less than 4-inches $30 $50(no surcharge)
Service size of 4-inches or greater $50 $75(no surcharge)
Inspection Fees No charge if during normal business hours,
otherwise 1 hour at Call-out Rate per visit
Re-inspection Fees 1 hour at Call-out Rate per visit
*Right-of-Way Permit needed if excavation occurs in public Rights-of-Way
28
Water Hydrant Usage/Deposit Fees:
Water Hydrant User Deposit $1,000
Water Consumption from Hydrant Current Rate per 1,000 gallons
2 to 3-inch Water Meter Deposit $500$750
5/8" Water Meter Deposit $100$125
Hydrant Wrench Deposit $100
Hydrant Hose Deposit $100 per hose
Adapters $100 deposit
Miscellaneous Fees and Material Costs:
Water Service Shut-off/Turn-on Fee 1 hour at Call-out Rate
Water Meter Testing Fee $50 (fee waived if meter is faulty)
Water Meter City cost plus sales tax
MXU Radio Remote Reading Device City cost plus sales tax
Shut-Off and Curb Stop City cost plus sales tax and 10% for handling
MUNICIPAL SANITARY SEWER SYSTEM FEES (Chapter 907)
Sewer Availability Charge (SAC) $2,100 $2,230 per Metropolitan Council
Environmental Services
Sewer Rates and Surcharges:
Sewer Usage Rate $1.79$1.90 per 1,000 gallons water sold
Sewer Service Charge - Residential $22.44 $23.79per Residential Equivalent Unit
(REU) Connection Quarterly
Sewer Service Charge – Commercial,
Industrial, Public Bldgs., & Churches
$55.14 $58.45per REU Connection Quarterly
Sewer Connection/Repair Permit Fees:*
Service Conn./Repair Permit Fee $30 $50(no surcharge)
Unit Charge – New Connection $100 per connection
Inspection Fees No charge if during normal business hours,
otherwise 1 hour at Call-out Rate per visit
Re-inspection Fees 1 hour at Call-out Rate per visit
*Right-of-Way Permit needed if excavation occurs in public Rights-of-Way
29
SURFACE WATER MANAGEMENT UTILITY FEES (Chapter 908)
Surface Water Management Utility Charges - New Construction:
R-1 $212 per lot
R-2 $1,038 per acre
R-3, R-4, R-0 $1,500 per acre
B-1, B-2, B-3, B-4 $1,500 per acre
I-1, PUD $2,096 per acre
Surface Water Management Utility Fee Rates:
R-1, R-2 Single & Two Family Residential $10.00 per unit quarterly
R-3 Medium Density Residential $54.67 per acre quarterly
R-4, R-5, R0 High Density Residential
Mobile Homes and Residential Office
$64.84 per acre quarterly
B-1, B-2, B-3, B-4 Neighborhood Business,
Limited Business, Highway Business,
Regional Business
$84.93 per acre quarterly
I-1 Industrial $66.30 per acre quarterly
PUD Planned Unit Development $75.19 per acre quarterly
CRP Conservancy, Recreation and
Presentation
$9.24 quarterly
School/Church, Public, Private $30.52 quarterly
STREET LIGHTING UTILITY FEES (Chapter 904)
Residential (includes single family homes,
duplexes, four-plexes, condominium and
town homes)
$3.25 per unit quarterly
Commercial/Industrial $16.25 per acre quarterly
Institutional/Charitable $16.25 per acre quarterly
Apartments $14.37 per acre quarterly
30
CONSTRUCTION SITE AND LAND DISTURBANCE FEES (Ord. 804/Chapter 1303)
Land Disturbance Permit Fees:*
50 cubic yards or less…………………….......$29
51 to 100 cubic yards………………….………$44
101 to 1000 cubic yards……………….………$44
for the first 100 cubic yards, plus $21.00 for each
additional 100 cubic yards or fraction thereof.
1001 to 10,000 cubic yards……………….…$226
for the first 1000 cubic yards, plus $18.00 for each
additional 1000 cubic yards or fraction thereof.
10,001 to 100,000 cubic yards………..........$377
for the first 10,000 cubic yards, plus $78.00 for each
additional 10,000 cubic yards or fraction thereof.
100,001 cubic yards or more……….…..….$1,064
for the first 100,000 cubic yards, plus $44.00 for each
additional 100,000 cubic yards or fraction thereof.
*Additional fees may be required for legal and consulting engineering costs incurred by the City
OTHER MISCELLANEOUS PUBLIC WORKS FEES
Overweight/Oversize Permit Fees $50 daily per vehicle
$75 $150 weekly per vehicle
$300 seasonally per vehicle
$500 $1000 annually per vehicle
Emergency Utility Locates No charge if during business hours, otherwise
actual time* at call-out rate
Call-out Charge for Contractor Negligence
(lack of maintenance, traffic signs, etc.)
Actual time at Call-out Rates
Street Sweeping Charges Actual time at Call-out Rates + $100 per hour
Tree Removal/Trimming Contact City Forester
Water Tower Communications Fees:
Registration Fee (Annually) No charge
Water Tower Access Fee No charge if during normal business hours,
otherwise 1 hour at Call-out Rate per visit
Plan Review and Inspection Fees Actual City, legal, and consulting engineering costs
($2,000 minimum)
*Actual time is rounded up to the nearest full hour.
Item No: 5
Meeting Date: November 1, 2010
Type of Business: Work Session
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review of the Updated Minnesota Government Data
Practices Act City Guidelines and Procedures
Introduction:
The City’s Data Practices Act Guidelines and Procedures document has not been updated
since it was last adopted in 1999. Since then, changes to the law have occurred which
necessitate a completely new policy. The attached revised document represents the
culmination of many months of review and revision between the City and the City Attorney’s
office. Also attached for Council review and information are reference documents from the
League of MN Cities, The MN Department of Administration and the MN House of
Representatives.
Discussion:
The Minnesota Data Practices Act was first adopted by the legislature in 1974. Since then,
the Act has undergone numerous changes, both in policy, scope and direction but also as
new data types have evolved and new storage and transmission mediums have been
developed. The original intent was to establish the assumption that all public data was
considered public, unless otherwise protected by the act. If data is not public, it can be
private, nonpublic, confidential and protected nonpublic. (Refer to Page 2 of the policy
document for how these data classification are defined.) There is no charge for people
requesting to “review” data, however we can charge 25 cents per page for requests of 100
pages or less, or actual cost plus staff time for requests in excess of 100 pages. (Refer to
Section 3.6 and Exh. 2.) In addition to the policy itself, the City needs to identify the
responsible authority and authority’s designee by name, which would be done by
resolution. The Responsible Authority is identified as the City Administrator.
Recommendation:
Review the updated policy and attachments. While staff will attempt to answer any
questions you may have, it is likely many questions will require a response from the
attorney, who will be prepared to respond at the November 22, 2010 Council meeting.
Respectfully submitted,
________________________
James Ericson
City Administrator
371276v3 SJS MU125-11
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
November 2010
i
371276v3 SJS MU125-11
City of Mounds View
Data Practices Procedures
Table of Contents
1.0 Introduction..........................................................................................................................1
2.0 Responsible Authority .........................................................................................................1
3.0 Access to Public Data..........................................................................................................1
3.1 People Entitled to Access.........................................................................................3
3.2. Form of Request.......................................................................................................3
3.3 Identification of Requesting Party...........................................................................3
3.4 Form of Copies ........................................................................................................4
3.5 Time Limits..............................................................................................................4
3.6 Fees..........................................................................................................................4
4.0 Access to Private and Confidential Data on Individuals .....................................................4
4.1 Persons Entitled to Access.......................................................................................4
4.2 Form of Request.......................................................................................................5
4.3 Identification of Requesting Party...........................................................................5
4.4 Time Limits..............................................................................................................5
4.5 Fees..........................................................................................................................5
4.6 Summary Data .........................................................................................................6
4.7 Records of Minors and Incapacitated Persons.........................................................6
5.0 Access to Private and Confidential Data on Decedents.......................................................7
6.0 Access to Data not on Individuals .......................................................................................8
6.1 People Entitled to Access.........................................................................................8
6.2 Form of Request.......................................................................................................9
6.3 Identification of Requesting Party...........................................................................9
6.4 Time Limits..............................................................................................................9
6.5 Fees..........................................................................................................................9
7.0 Temporary Classification.....................................................................................................9
8.0 Denial of Access..................................................................................................................9
9.0 Collection of Data on Individuals......................................................................................10
9.1 Tennessen Warning................................................................................................10
9.2. Data Quality Procedures........................................................................................11
10.0 Challenge to Data Accuracy or Completeness...................................................................11
11.0 Data Protection...................................................................................................................12
11.1 Accuracy and Currency of Data.............................................................................12
11.2 Data Safeguards.....................................................................................................12
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371276v3 SJS MU125-11
City of Mounds View
Data Practices Procedures
List of Exhibits
Exhibit 1 LIST OF DESIGNEES
Exhibit 2 PHOTOCOPYING CHARGES
Exhibit 3 INFORMATION DISCLOSURE REQUEST
Exhibit 4 GOVERNMENT DATA ACCESS & NONDISCLOSURE AGREEMENT
Exhibit 5 NOTICE TO PERSONS UNDER THE AGE OF 18
Exhibit 6 CONSENT TO RELEASE PRIVATE DATA
Exhibit 7 CONSENT TO RELEASE COPYRIGHTED DATA
Exhibit 8 DATA PRACTICES ADVISORY
Exhibit 9 TENNESSEN WARNING FORM
Exhibit 10 SAMPLE CONTRACT PROVISION
Exhibit 11 BUILDING PERMIT/PLANS DATA PRACTICES ADVISORY
Appendix A Private and Confidential Data Maintained by the City of Mounds View
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371276v3 SJS MU125-11
DATA PRACTICES PROCEDURES
1.0 Introduction. These procedures are adopted to comply with the requirements of the
Minnesota Government Data Practices Act (the “Act”), specifically Minnesota Statutes
Sections 13.03, subdivision 2 and 13.05, subdivisions 5 and 8. It is the intent of the City of
Mounds View (“City”) to remain in compliance with the Act. These procedures shall be
supplemented by the requirements of the Act as needed and if any procedure contained herein is
inconsistent with those requirements, as they may be amended, the specific provisions of the Act
shall be controlling.
2.0 Responsible Authority. The City Administrator is the Responsible Authority and
Compliance Official responsible for the collection, use and distribution of government data and
is accountable for City compliance with the Minnesota Government Data Practices Act. The
Responsible Authority has authorized certain other City employees to collect, maintain,
disseminate and otherwise assist in complying with the Act (“Designees”). These Designees are
listed on attached Exhibit 1. The Responsible Authority shall provide training to Designees and
staff at such times and in such a manner as the designated Responsible Authority determines is
appropriate to inform them of their obligations under the Act. The designated Responsible
Authority shall also be authorized to amend or supplement the Exhibits attached to these
procedures as needed to further the intent of these procedures and the City’s compliance with the
Act. For the purposes of carrying out these procedures, the term Responsible Authority shall
include Designees unless the context in which it is used indicates a different intent.
3.0 Access to Public Data. All information maintained by the City is public unless there is a
specific statutory designation which gives it a different classification. Categories of
classification are as follows:
2
371276v3 SJS MU125-11
Classification: Data on Individuals*
(Minn. Stat. § 13.02,
subd. 5)
Data on Decedents
(Minn. Stat. § 13.10,
subd. 1)
Data not on
Individuals*
(Minn. Stat. § 13.02,
subd. 4)
Public
Certain data on
individuals are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 15.
Certain data on
decedents are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 15.
Certain data not on
individuals are
accessible to anyone.
Minn. Stat. § 13.02,
subd. 14.
Private Certain data on
individuals are
accessible to the data
subject, but not
accessible to the
public. Minn. Stat. §
13.02, subd. 12.
Certain data on
decedents are
accessible to the
representative of the
decedent, but not
accessible to the
public.** Minn.
Stat. § 13.10, subd. 1
(b).
Nonpublic Certain data not on
individuals are
accessible to the data
subject, but not
accessible to the
public. Minn. Stat.
§ 13.02, subd. 9.
Confidential Certain data on
individuals are not
accessible to the data
subject and not
accessible to the
public. Minn. Stat.
§13.02, subd. 3.
Certain data on
decedents are not
accessible to the
representative of the
decedent and not
accessible to the
public.** Minn.
Stat. § 13.10, subd. 1
(a).
Protected
Nonpublic
Certain data not in
individuals are not
accessible to the data
subject and not
accessible to the
public. Minn. Stat. §
13.02, subd. 13.
* “Individual” is defined by Minnesota Statutes Section 13.02, subdivision 8. “Individual”
means a living human being. It does not mean any type of entity created by law, such as a
corporation.
3
371276v3 SJS MU125-11
** Private and confidential data on decedents become public data 10 years after the death of the
data subject and 30 years after the creation of the data.
3.1 People Entitled to Access. Any person has the right to inspect or view public
data or to have an explanation of the meaning of the data. The person does not need to
state his or her name or give the reason for the request, unless a statute specifically
authorizes the City to request such information. The Responsible Authority may ask a
person to provide identifying or clarifying information for the sole purpose of facilitating
access to the data. Examples of when identifying information may be requested include,
but are not limited to, obtaining a mailing address when the person has requested that
copies be mailed or requesting identification when copies have been paid for by check.
Additionally, any person has the right to obtain a copy of public data except in the case of
copyrighted materials in the possession of the City for which the City does not have
express written permission to reproduce. (Exhibit 9)
3.1A Copyrighted Documents. Copyrighted public documents may be shown
to anyone but shall not be reproduced or photocopied without express written
permission from the copyright holder.
3.1A1 The Responsible Authority reserves the right to refuse to provide
copies of copyrighted data in accordance with the copyright law of the
United States (Title 17, United States Code) which governs the making of
photocopies or other reproductions of copyrighted material.
3.1A2 Public documents created by the City of Mounds View or its
officials or employees on behalf of the City do not qualify for copyright
protection and shall be available for viewing and reproduction in
accordance with the Act. In certain cases, the City may enforce a
copyright or acquire a patent for a computer software program or
components of a program created by the City. In such cases, the data shall
be treated as trade secret information.
3.2 Form of Request. The request for public data may be verbal or written. The
Responsible Authority or designee may require a verbal request to be made in writing
whenever a written request will assist the Responsible Authority or designee in
performing his or her duties. (Exhibit 3).
3.3 Identification of Requesting Party. The Responsible Authority may not require
the requesting party to provide identification to view public documents unless contact
information is required in order to clarify the request. The Responsible Authority must
verify the identity of the requesting party as a person entitled to reproductions when
reproductions of copyrighted public data are requested. Identity can be established
through personal knowledge, presentation of photo identification, comparison of the data
subject’s signature on a consent form with the person’s signature in City records, or other
reasonable means.
4
371276v3 SJS MU125-11
3.4 Form of Copies. Where public data is maintained in a computer storage medium,
the Responsible Authority shall provide copies of the public data in electronic form upon
request, provided a copy can reasonably be made in that form. The Responsible
Authority is not required to provide the data in an electronic format or program that is
different from the format or program in which the Responsible Authority maintains the
data. The Responsible Authority may charge a fee for the actual cost of providing the
copy.
3.5 Time Limits. Requests will be received and processed only at Mounds View
City Hall during normal business hours. If copies cannot be made at the time of the
request, copies must be supplied as soon as reasonably possible. Whenever possible, the
Responsible Authority will immediately allow the requesting person to inspect the public
data. When providing an immediate response to the requester, it should not interfere with
the City’s efficient operations. The Responsible Authority may require that the
requesting person make an appointment or return at a later time to inspect or to pick up
copies of the requested data. When public data on individuals is requested by the
individual data subject and an immediate response is not possible, the authorized City
employee will provide the data within 10 days of the date of the request, excluding
Saturdays, Sundays and legal holidays.
3.6 Fees. Anyone may inspect or view public data for any reason without charge.
Fees may be charged only if the requesting person asks for a copy or electronic
transmittal of the data. Fees will be charged according to the City’s current fee schedule
and may not include time necessary to separate public from nonpublic data. A summary
of fees generally associated with data requests is contained in Exhibit 2.
4.0 Access to Private and Confidential Data on Individuals. Information about individual
persons is classified by law as public, private, or confidential. A list of the private and
confidential information maintained by the City is contained in Appendix A.
4.1 Persons Entitled to Access.
4.1A Public information about an individual may be shown or given to anyone
for any reason.
4.1B Private information about an individual may be shown or given to:
4.1B1 The individual, but only once every six months, unless a dispute
has arisen or additional data has been collected or created.
4.1B2 A person who has been given access by the express written consent
of the data subject.
4.1B3 Persons, or another responsible authority, which are authorized
access by the federal, state, or local law or court order.
5
371276v3 SJS MU125-11
4.1B4 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
4.1C Confidential information may not be given to the subject of the data, but
may be given or shown to:
4.1C1 Persons who are authorized access by federal, state, or local law or
court order.
4.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
4.2 Form of Request. Any individual may request data verbally or in writing. Data
will be released depending on whether or not the City has stored the data requested and
whether the data is classified as public, private, or confidential. All requests to see
private or confidential information must be made in writing in order to verify identity.
The Responsible Authority will provide a form (Exhibit 3) to document the requesting
party’s identity, the information requested, and the City’s response; however, any
individual may request data verbally or in writing as long as the request is accompanied
by documentation of the requesting party’s identity and a detailed description of the
information requested.
4.3 Identification of Requesting Party. The Responsible Authority must verify the
identity of the requesting party as a person entitled to access when private or confidential
data is requested. Identity can be established through personal knowledge, presentation
of photo identification, comparison of the data subject’s signature on a consent form with
the person’s signature in City records, or other reasonable means.
4.4 Time Limits. Requests will be received and processed at Mounds View City Hall
only during normal business hours. Access to the data will be provided as soon as is
reasonably possible. Data requested by the individual data subject will be provided
within 10 days of the date of the request, excluding Saturdays, Sundays and legal
holidays if an immediate response is not possible.
4.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
4.6 Summary Data. The term “summary data” refers to statistical records and
reports derived from data on individuals but which does not identify an individual by
name or reveal any other characteristic that could uniquely identify an individual.
Summary data derived from private or confidential data is public. The Responsible
Authority will prepare summary data upon request, if the request is in writing and the
requesting party pays for the cost of preparation. The Responsible Authority must notify
6
371276v3 SJS MU125-11
the requesting party about the estimated costs and collect these costs before preparing or
supplying the summary data. This should be done within 10 days after receiving the
request. If the summary data cannot be prepared within 10 days, the Responsible
Authority must notify the requester of the anticipated time schedule and the reason for the
delay.
Summary data may be prepared by “blacking out” personal identifiers, cutting out
portions of the records that contain personal identifiers, creating a spreadsheet,
programming computers to delete personal identifiers, or other reasonable means.
The Responsible Authority may ask an outside agency or person to prepare the summary
data if: (1) the specific purpose is given in writing; (2) the agency or person agrees not to
disclose the private or confidential data; and (3) the Responsible Authority determines
that access by this outside agency or person will not compromise the privacy of the
private or confidential data. (Exhibit 4)
4.7 Records of Minors and Incapacitated Persons. The following applies to
private (not confidential) data about minors (persons under the age of 18) and about those
persons who are incapacitated as defined by Minnesota Statutes Section 524.5-102,
subdivision 6.
4.7A Parent/Guardian Access. In addition to minors and incapacitated
persons as defined above who may have access to private data, a parent may have
access to private information about a minor or an incapacitated person. For the
purposes of these procedures, “parent” shall include guardians and individuals
acting as parents or guardians in the absence of parents or guardians. A parent is
presumed to have this right unless the minor has requested that the Responsible
Authority withhold the data and withholding the data would be in the best interest
of the minor, or it has been given evidence that there is a state law, court order, or
other legally binding document, which prohibits this right.
4.7B Notice to Minors and Incapacitated Persons. Before requesting private
data from minors and incapacitated persons, City personnel must notify the
minors and incapacitated persons that they may request that the information not
be given to their parent(s) or guardian(s). (Exhibit 5)
4.7C Denial of Parent or Guardian Access. The Responsible Authority may
deny parent or guardian access to private data when the individual requests this
denial and the Responsible Authority determines that withholding the data would
be in the best interest of the individual. The request from the individual must be
in writing, stating the reasons for the request. In determining the best interest of
the individual, the Responsible Authority will consider:
4.7C1 Whether the individual is of sufficient age and maturity to explain
the reasons and understand the consequences;
7
371276v3 SJS MU125-11
4.7C2 Whether denying access may protect the individual from physical
or emotional harm;
4.7C3 Whether there are reasonable grounds to support the individual’s
reasons; and
4.7C4 Whether the data concerns medical, dental, or other health services
provided under Minnesota Statutes Sections 144.341 to 144.347. If so, the
data may be released only if failure to inform the parent or guardian would
seriously jeopardize the health of the individual.
The Responsible Authority may also deny parental/guardian access without a
request from the juvenile or incapacitated person under Minnesota Statutes
Section 144.335, or under any other state or federal statute that allows or requires
denial of parental or guardian access and that provides standards for denying
parental or guardian access
5.0 Access to Private and Confidential Data on Decedents. Private data on decedents
means data which, prior to the death of the data subject, were classified by statute, federal law, or
temporary classification as private data. Confidential data means data which, prior to the death
of the data subject, were classified by statute, federal law, or temporary classification as
confidential data. A list of the private and confidential information maintained by the City is
contained in Appendix A. Information about individuals who are deceased will be treated the
same as data that is about individuals who are living except:
5.0A Private and confidential data on decedents will become public data 10
years after the death of the data subject and 30 years after the creation of the data
in accordance with Minnesota Statutes Section 13.10, subdivision 2. An
individual is presumed dead if either 90 years have elapsed since the creation of
the data or 90 years have elapsed since the individual’s birth, whichever is earlier,
except that an individual is not presumed to be dead if the Responsible Authority
has information readily available to him or her indicating the individual is still
living.
5.0B A representative of the decedent may exercise the rights that the decedent
could have exercised as a living individual. A “representative of the decedent”
means a personal representative of the estate of the decedent during the period of
administration, or if no personal representative has been appointed or after
discharge, the surviving spouse, any child of the decedent, or, if there is no
surviving spouse or children, the parents of the decedent.
6.0 Access to Data Not On Individuals. Information not about individuals is classified by
law as public, nonpublic, and protected nonpublic. Information that is not about individuals will
generally be treated the same as data about individuals. Nonpublic and protected nonpublic
information, except for security information, becomes public either 10 years after it was created
by the City or 10 years after the data was received or collected by the City unless the
8
371276v3 SJS MU125-11
Responsible Authority reasonably determines that if the information was made public or made
available to the data subject that the harm to the public or the data subject would outweigh the
benefit to the public or the data subject.
6.1 People Entitled to Access.
6.1A Public information not about an individual may be shown to anyone.
Copyrighted documents will not be reproduced or photocopied without express
written permission from the copyright holder.
6.1B Nonpublic information not about an individual may be shown or given to:
6.1B1 An authorized representative of the subject entity of the data, but
only once every six months, unless a dispute has arisen or additional data has
been collected.
6.1B2 A person who has been given access by the express written consent
of the authorized representative of the entity which is the subject of the data.
6.1B3 Persons who are authorized access by the federal, state, or local
law or court order.
6.1B4 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.1C Protected nonpublic information may not be given to the authorized
representative of the entity, but may be given or shown to:
6.1C1 Persons who are authorized access by federal, state, or local law or
court order.
6.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.2 Form of Request. Any person may request data verbally or in writing. Data will
be released depending on whether or not the City has stored the data requested and
whether the data is classified as public, nonpublic, protected nonpublic or is copyrighted.
All requests to view or receive a reproduction of nonpublic or protected nonpublic
information must be made in writing in order to verify identity. All requests to receive a
reproduction of copyrighted public, nonpublic or protected nonpublic information must
be made in writing in order to determine if the request for copyrighted material qualifies
for release under copyright law of the United States (Title 17 of the United States Code).
The Responsible Authority will provide a form (Exhibit 3) to document the requesting
9
371276v3 SJS MU125-11
party’s identity, the information requested, and the City’s response; however, any person
may request data verbally or in writing as long as the request includes documentation of
the requesting party’s identity and a detailed description of the information requested.
6.3 Identification of Requesting Party. The Responsible Authority must verify the
identity of the requesting party as a person entitled to access when nonpublic or protected
nonpublic data is requested. The Responsible Authority must also verify the identity of
the requesting party as a person entitled to access when copies of copyrighted private,
nonpublic, or protected nonpublic data is requested. Identity can be established through
personal knowledge, presentation of photo identification, comparison of the data
subject’s signature on a consent form with the person’s signature in City records, or other
reasonable means.
6.4 Time Limits. Requests will be received and processed at Mounds View City Hall
only during normal business hours. The response must be immediate, if possible, or
prompt and reasonable, if an immediate response is not possible.
6.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
7.0 Temporary Classification. If the Responsible Authority determines information not
expressly classified by law should be protected, the Responsible Authority may apply to the
Department of Administration Commissioner for permission to classify information as private,
confidential, nonpublic or protected nonpublic for its own use and for the use of other
governmental entities on a temporary basis. The application and the classification of the
information shall be in accordance with Minnesota Statutes Section 13.06.
8.0 Denial of Access. If the Responsible Authority determines that the requested data is not
accessible to the requesting party, the Responsible Authority must inform the requesting party
verbally at the time of the request or in writing as soon after that as possible. The Responsible
Authority must give the specific legal authority, including statutory section, for withholding the
data. The Responsible Authority must place a verbal denial in writing upon request. This must
also include the specific legal authority for the denial.
9.0 Collection of Data on Individuals. The collection and storage of information about
individuals will be limited to that necessary for the administration and management of the
programs specifically authorized by the state legislature, City Council, or federal government.
9.1 Tennessen Warning. When an individual is asked to supply private or
confidential information about the individual, the City employee requesting the
information must give the individual a Tennessen warning.
9.1A This warning must contain the following:
9.1A1 The purpose and intended use of the requested data;
10
371276v3 SJS MU125-11
9.1A2 Whether the individual may refuse or is legally required to supply
the requested data;
9.1A3 Any known consequences from supplying or refusing to supply the
information, and
9.1A4 The identity of other persons or entities authorized by state or
federal law to receive the data.
9.1B A Tennessen warning is not required when:
9.1B1 An individual is requested to supply investigative data to a law
enforcement officer;
9.1B2 The data subject is not an individual (e.g., the data subject is a
corporation or partnership);
9.1B3 The data subject offers information that has not been requested by
the City;
9.1B4 The information requested from the individual is about someone
else;
9.1B5 The City receives information about the subject from someone
else; or
9.1B6 The information requested from the subject is classified as public
data.
9.1C A Tennessen warning may be on a separate form (Exhibit 9) or may be
incorporated into the form which requests the private or confidential data.
9.1D Collection of Data on Individuals through the Use of the City’s
Computer System. When an individual gains access to government information
or services through the City’s computer system, the City may create, collect, or
maintain electronic access data or use its computer to install a cookie on an
individual’s computer. The City must inform individuals gaining access to the
City’s computer system of the creation, collection, or maintenance of electronic
access data or the City’s use of cookies before requiring the individual to provide
any data about the individual to the City. As part of that notice, the City must
inform the individual how the data will be used and disseminated.
Notwithstanding an individuals’ refusal to accept a cookie on its computer, the
City must allow the individual to gain access to data or information, transfer data
or information, or use government services by means of the City’s computer
system.
11
371276v3 SJS MU125-11
9.2 Data Quality Procedures. The City is required to establish procedures that data
on individuals are accurate, complete and current. The Responsible Authority
shall work with employees that collect, use, or disseminate data on individuals to
implement the following procedures:
9.2A At the time that data is collected from the individual data subject, the
individual should be advised of his or her right to review and contest the accuracy
or completeness of public or private data concerning him/herself.
9.2B An individual data subject should be encouraged to review his/her file for
accuracy, completeness and currency.
9.2C Whenever possible and practical, collect data about an individual from the
individual subject of the data rather than from third parties (e.g., birth date, address,
etc.) (This directive does not prohibit employees from collecting data from third
parties).
9.2D Design forms to collect objective types of data elements whenever possible,
rather than data which calls for an opinion or conclusion or other subjective entry.
Forms for the collection of data on individuals should request only necessary data.
9.2E Department heads should periodically review forms used to collect data on
individuals. Data elements that are not necessary or that lend themselves to
ambiguity or subjectivity should be removed and the forms redesigned.
9.2F Department heads should periodically conduct quality/validity checks on
sample case files that contain data on individuals.
10.0 Challenge to Data Accuracy or Completeness. An individual who is the subject of
public or private data may contest the accuracy or completeness of that data maintained by the
City. The individual must notify the Responsible Authority in writing describing the nature of
the disagreement. Within 30 days, the Responsible Authority must respond and either (1) correct
the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate
or incomplete data, including recipients named by the individual; or (2) notify the individual that
he or she believes the data to be correct.
An individual who is dissatisfied with the Responsible Authority’s action may appeal to the
Commissioner of the Minnesota Department of Administration, using the contested case
procedures under Minnesota Statutes Chapter 14. The Responsible Authority will correct any
data if so ordered to do so by the Commissioner.
11.0 Data Protection.
11.1 Accuracy and Currency of Data.
12
371276v3 SJS MU125-11
11.1A All City employees will be requested, and given appropriate forms, to
provide updated personal information to the appropriate supervisor, which is
necessary for tax, insurance, emergency notification, and other personnel
purposes. Other people who provide private or confidential information will also
be encouraged to provide updated information when appropriate.
11.1B Department heads should, on a yearly basis, review forms used to collect
data on individuals to delete items that are not necessary and to clarify items that
may be ambiguous.
11.1C All records must be disposed of according to the State of Minnesota
General Records Retention Schedule.
11.2 Data Safeguards.
11.2A Private and confidential information will be stored in files or databases
which are not readily accessible to individuals who do not have authorized access
and which will be secured during hours when the offices are closed.
11.2B Private and confidential data must be kept only in City offices, except
when necessary for City business.
11.2C Only those employees whose job responsibilities require them to have
access will be allowed access to files and records that contain private or
confidential information. These employees will be instructed to:
11.2C1 Not discuss, disclose, or otherwise release private or confidential
data to anyone who is not authorized to access the data including City
employees or officials whose job responsibilities do not require access to
the data;
11.2C2 Not leave private or confidential data where non-authorized
individuals might see it; and
11.2C3 Shred private or confidential data before discarding.
11.2D When a contract with an outside party requires access to private or
confidential information, the contracting party will be required to use and
disseminate the information consistent with the Act. The City must include in a
written contract the language contained in Exhibit 10 or substantially similar
language.
Exhibit 1
371276v3 SJS MU125-11
EXHIBIT 1
LIST OF DESIGNEES
The Minnesota Data Practices Act establishes a system for compilation and distribution of data
gathered by government agencies. All data collected and maintained by the City of Mounds
View (“City”) is presumed public and is accessible to the public for both inspection and copying,
unless classified as Private, Confidential, Nonpublic or Protected Nonpublic in accordance with
federal law, state statute or a temporary classification.
The City of Mounds View has appointed the following position to administer this system.
Responsible Authority and Compliance Official:
City Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1429
Phone: (763) 717-4000
Fax: (763) 717-4019
Positions appointed as designees in system administration are as follows:
Assistant City Administrator
Other persons responsible for the maintenance and dissemination of City records are as apparent
or assigned.
Finance Director
Police Chief
Community Development Director
Public Works Director
Exhibit 2
371276v3 SJS MU125-11
EXHIBIT 2
PHOTOCOPYING CHARGES
Regular Photocopy Charge $.25 per page
(if 100 or fewer pages of black and white $.05 per page for additional copies of
letter or legal size paper copies are requested) the same document
Special Copy Charge Actual Cost*
(charged in all other circumstances,
including requests to provide data
electronically or by facsimile)
* the “actual cost” means the cost of any materials (paper, copier ink, staples, CDs/DVDs,
video/audio tapes, etc.), any special costs associated with making copies from computerized data,
such as writing or modifying a computer program to format data, any mailing costs and any
vehicle costs directly involved in transporting data to the appropriate facility when necessary to
provide copies. In addition, “actual cost” also includes City staff time spent making, certifying
and compiling the copies (when requested by the data subject). For requests by anyone other
than the data subject, the “actual cost” also includes City staff time spent retrieving the data to be
copied, sorting and labeling the documents (if this is necessary to identify what is to be copied),
removing staples or paper clips, taking documents to the copier for copying as well as making,
certifying and compiling the copies. Labor costs are never charged for separating public from
not public data.
Document Charge Fee as established in the City fee schedule
(charged for certain frequently requested
documents, such as zoning codes, maps,
etc.)
Exhibit 3
371276v3 SJS MU125-11
EXHIBIT 3
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. To be Completed by Requestor
REQUESTOR NAME (Last, First, MI): DATE OF REQUEST:
STREET ADDRESS: PHONE NUMBER:
CITY, STATE, ZIP CODE: SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
B. To be Completed by the City
DEPARTMENT NAME: HANDLED BY:
INFORMATION CLASSIFIED AS:
PUBLIC NONPUBLIC
PRIVATE PROTECTED NONPUBLIC
CONFIDENTIAL
ACTION:
APPROVED
APPROVED IN PART (explain below)
DENIED (explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOTOCOPYING CHARGES:
NONE
______ Pages x ______________= ____________
Special Rate: ______________ (attach explanation)
IDENTITY VERIFIED FOR PRIVATE INFORMATION:
IDENTIFICATION: DRIVER’S LICENSE, STATE I.D., etc.
COMPARISON WITH SIGNATURE ON FILE
PERSONAL KNOWLEDGE
OTHER: ________________________________________
AUTHORIZED SIGNATURE: DATE:
Exhibit 4-1
371276v3 SJS MU125-11
EXHIBIT 4
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. The City of Mounds View (the “City”) hereby authorizes
___________________________________, (the “Authorized Party”) access to the following
government data: _______________________________________________________________
______________________________________________________________________________
2. PURPOSE. Access to this government data is limited to the objective of creating
summary data for the following purpose:
______________________________________________________________________________
______________________________________________________________________________
3. COST. (Check all that apply):
______ The Authorized Party has been requested by the City to prepare summary data
and will be paid in accordance with City policy. The estimated total is:
$_____________.
______ __________________________________ is the person who requested the
summary data and agrees to bear the City’s costs associated with the preparation
of the data which has been estimated to be $____________.
________________________________________________________________________
Signature of Requestor Date
4. SECURITY. The Authorized Party agrees that it and any employees or agents under its
control must protect the privacy interests of individual data subjects in accordance with the terms
of this Agreement.
The Authorized Party agrees to remove all unique personal identifiers which could be
used to identify any individual from data classified by state or federal law as not public which is
obtained from City records and incorporated into reports, summaries, compilations, articles, or
any document or series of documents.
Data contained in files, records, microfilm, or other storage media maintained by the City
are the City’s property and are not to leave the City’s custody. The Authorized Party agrees not
to make reproductions of any data or remove any data from the site where it is provided, if the
data can in any way identify an individual.
No data which is not public and which is irrelevant to the purpose stated above shall ever
be disclosed or communicated to anyone by any means.
The Authorized Party warrants that the following named individual(s) will be the only
person(s) to participate in the collection of the data described above:
________________________________________________________________________
Complete name (printed) Title (printed)
5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use
or disclosure of government data collected, used and maintained in the exercise of this agreement
and is classified as not public under state or federal law. The Authorized Party understands that
it may be subject to civil or criminal penalties under those laws. The Authorized Party agrees to
Exhibit 4-2
371276v3 SJS MU125-11
defend, indemnify, and hold the City, its officials, agents and employees harmless from any
liability, claims, damages, costs, judgments, or expenses, omission of the Authorized Party’s
failure to fully perform in any respect all obligations under this Agreement.
6. INSURANCE. In order to protect itself as well as the City, the Authorized Party agrees
at all times during the term of this Agreement to maintain insurance covering the Authorized
Party’s activities under this Agreement. The insurance must cover $1,500,000 per claimant for
personal injuries or damages and $1,500,000 per occurrence. The policy must cover the
indemnification obligation specified above.
7. ACCESS PERIOD. The Authorized Party may have access to the information
described above from __________________ to _________________.
8. ACCESS RESULTS. A copy of all reports, summaries, compilations, articles,
publications or any document or series of documents that are created from the information
provided under this Agreement must be provided to the City. The Authorized Party may retain
one copy of the summary data created for its own records but may not disclose it without City
permission, except in defense of claims brought against it.
AUTHORIZED PARTY:________________________________________________________
By:___________________________________________ Date: __________________________
Title (if applicable): _____________________________________________________________
REQUESTOR OF SUMMARY DATA:____________________________________________
By: ___________________________________________ Date: __________________________
Title (if applicable): _____________________________________________________________
CITY OF MOUNDS VIEW:
By: ___________________________________________ Date: __________________________
Its: __________________________________________________________________________
Exhibit 5
371276v3 SJS MU125-11
EXHIBIT 5
NOTICE TO PERSONS UNDER AGE 18
Some of the information you are asked to provide is classified as private under State law.
You have the right to request that some or all of the information not be given to one or both of
your parents/legal guardians. Please complete the form below if you wish to have information
withheld.
Your request does not automatically mean that the information will be withheld. State
law requires the City to determine if honoring the request would be in your best interest. The
City is required to consider:
* Whether you are of sufficient age and maturity to explain the reasons and understand
the consequences;
* Whether denying access may protect you from physical or emotional harm;
* Whether there are reasonable grounds to support your reasons; and
* Whether the data concerns medical, dental, or other health service provided under
Minnesota Statutes Sections 144.341 to 144.347. If so, the data may be released only if
failure to inform the parent would seriously jeopardize your health.
NOTICE GIVEN TO:_________________________________ DATE:___________________
BY:__________________________________________________________________________
(Name) (Title)
REQUEST TO WITHHOLD INFORMATION
I request that the following information______________________________________________
______________________________________________________________________________
Be withheld from: ______________________________________________________________
For these reasons:_______________________________________________________________
Date:______________________ Print name: _________________________________________
Signature: _____________________________________________________________________
Exhibit 6
371276v3 SJS MU125-11
EXHIBIT 6
CONSENT TO RELEASE PRIVATE DATA
I, , authorize the City of Mounds View (“City”) to release the
(print name)
following private data about me:
______________________________________________________________________________
______________________________________________________________________________
to the following person(s) or entity(ies):
______________________________________________________________________________
______________________________________________________________________________
The person(s) or entity(ies) receiving the private data may use it only for the following purpose
or purposes:
______________________________________________________________________________
______________________________________________________________________________
This authorization is dated _________________and expires on___________________________
I understand that my records are protected under state privacy regulations and cannot be
disclosed without my written consent unless otherwise provided for by law. I also
understand that I may cancel this consent at any time prior to the information being
released and that in any event this consent expires automatically 90 days after signing. By
signing this document, I give my full and voluntary consent to the City to release the above-
listed data to the persons identified in this release, and I waive any and all claims against
the City for the disclosure of private data about me in accordance with this document.
___________________________________
Signature
___________________________________
Signature of parent or guardian
(if data subject is under 18 years of age)
IDENTITY VERIFIED BY:
Witness: x______________________________
Identification: Driver’s License, State ID, Passport,
other:__________________________________
Comparison with signature on file
Other:__________________________________
Responsible Authority/Designee: ___________________________________________
Exhibit 7
371276v3 SJS MU125-11
EXHIBIT 7
CONSENT TO RELEASE COPYRIGHTED DATA
I, _____________________________, certify that I have the authority to authorize the City of
Mounds View to release the following copyrighted data of which I am the copyright holder:
______________________________________________________________________________
______________________________________________________________________________
To the following person or people:__________________________________________________
______________________________________________________________________________
The person or people receiving the copyrighted data may use it only for the following purpose or
purposes:______________________________________________________________________
This authorization is dated _________________ and expires* on _________________________
*The expiration cannot exceed one year from the date of the authorization.
I, the undersigned, agree to give up and waive all claims that I might have against the City, its
agents and employees for releasing data pursuant to this request.
______________________________________________________________________________
Printed Name Title
______________________________________________________________________________
Complete Address Phone Number
______________________________ _______________________________________________
Notarized Signature Date
STATE OF MINNESOTA )
) ss.
COUNTY OF___________________ )
On this ______ day of _________________, 20_____, before me, a Notary Public within
and for said County, personally appeared ____________________________________, known to
me to be the person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her own free act and deed.
_________________________________________
Notary Public
Exhibit 8
371276v3 SJS MU125-11
EXHIBIT 8
DATA PRACTICES ADVISORY
(Tennessen Warning)
Some or all of the information that you are asked to provide on the attached form is classified by
state law as either private or confidential. Private data is information that generally cannot be
given to the public but can be given to the subject of the data. Confidential data is information
that generally cannot be given to either the public or the subject of the data.
The City’s purpose and intended use of this information is:______________________________
______________________________________________________________________________
You ___ are/ ___ are not legally required to provide this information.
If you refuse to supply the information, the following may happen: ________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Other persons or entities authorized by law to receive this information are:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Exhibit 9
371276v3 SJS MU125-11
EXHIBIT 9
CITY OF MOUNDS VIEW
TENNESSEN WARNING FORM
It is the City of Mounds View’s responsibility to inform potential employees of their privacy
rights. Please carefully read the Tennessen Warning provided below. Sign and date the form
and return it with your application. Your signature indicates that you have received information
regarding your rights as they pertain to the Minnesota Government Data Practices Act.
In accordance with the Minnesota Government Data Practices Act, the City of Mounds View is
required to inform you of your rights as they relate to the private information collected from you.
Private data is information that is available to you, but not to the public; the personal information
we collect about you is private. Minnesota Statutes Sections 13.04 and 13.43 are two sections
that govern what affects you as an applicant for employment at the City of Mounds View. All
data collected is considered private except for the following:
1. Your veteran’s status;
2. Relevant test scores;
3. Your job history;
4. Your education and training; and
5. Your work availability.
Your name is considered to be private information; however, if you are selected to be
interviewed as a finalist, your name becomes public information.
The data supplied by you may be used for such other purposes as may be determined to be
necessary in the administration of personnel policies, rules, and regulations of the City of
Mounds View. Furnishing social security numbers is voluntary for applicants to the City of
Mounds View, but refusal to supply other requested information would mean that your
application for employment might not be considered.
Private data is available only to you, appropriate City employees, and others as provided by state
and federal laws who have a bona fide need for the data. Public data is available to anyone
requesting it and consists of all data furnished in the application for employment that is not
designated in this notice as private data.
The information you give about yourself is needed to identify you and to assist the City of
Mounds View in determining your suitability for the position for which you are applying.
I have read and understand the information given above regarding the Minnesota Data Practices
Act.
____________________________________________ ________________________
Applicant Signature Date
Exhibit 10
371276v3 SJS MU125-11
EXHIBIT 10
SAMPLE CONTRACT PROVISION
Data Practices Compliance. Contractor will have access to data collected or maintained by the
City to the extent necessary to perform Contractor’s obligation under this contract. Contractor
agrees to maintain all data contained from the City in the same manner as the City is required
under the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the “Act”).
Contractor will not release or disclose the contents of data classified as not public to any person
except at the written direction of the City. Contractor agrees to defend and indemnify the City
from any claim, liability, damage or requirements of the Act or this contract. Upon termination
of this contract, Contractor agrees to return data to the City as requested by the City.
Exhibit 11-1
371276v3 SJS MU125-11
EXHIBIT 11
BUILDING PERMIT/PLANS
DATA PRACTICES ADVISORY
You may be required to submit building plans with your building permit application so that the
City of Mounds View can determine whether or not your building permit application should be
approved. If you do not submit plans when they are required, your building permit will not be
approved. The Minnesota Government Data Practices Act establishes a presumption that all
government data are public and are accessible by the public for both inspection and copying
unless there is a federal law, a state statute, or a temporary classification of data that provides
that certain data are not public. Minnesota Statutes Section 13.01 defines government data as
being all data collected, created, received, maintained, or disseminated by the City.
The Government Data Practices Act allows building plans to be classified as nonpublic ONLY if
they contain the following information:
Security information defined by Minnesota Statutes Section 13.37, subdivision 1(a) as being
“government data the disclosure of which 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.”
OR
Trade secret information defined by Minnesota Statutes Section 13.37, subdivision 1 (b) as
being “government data, including a formula, pattern, compilation, program, device, method,
technique or process (1) that was supplied by the affected individual or organization, (2) that
is the subject of efforts by the individual or organization that are reasonable under the
circumstances to maintain its secrecy, and (3) that derives independent economic value,
actual or potential, from not being generally known to, and not being readily ascertainable by
proper means by, other persons who can obtain economic value from its disclosure or use.”
Building plans submitted to the City are generally public information and will be presumed to be
available for copying and release to the public. If you hold a copyright to the plans and do not
want them copied for the public, then you will need to indicate as such below. Also, if you
believe that your building plans qualify for the classification of nonpublic data you must provide
documentation verifying your claim. The Responsible Authority for the City of Mounds View
will determine whether or not the plans qualify for nonpublic data classification within 10
business days of the request.
Building plans and related documents submitted to the City are presumed to be public and by
submitting them and signing this document you are expressly giving permission to the City to
make copies for the City’s use and to make available to the public upon request unless you
indicate otherwise as follows:
Exhibit 11-2
371276v3 SJS MU125-11
_______ The building plans I have submitted contain SECURITY INFORMATION
as defined by Minnesota Statutes Section 13.37, subdivision 1(a) and are to
be treated as protected nonpublic data. I understand I must provide an
explanation (below) to support my claim that the information I am providing
constitutes security information under law.
_______ The building plans I have submitted contain TRADE SECRET
INFORMATION as defined by Minnesota Statutes Section 13.37, subdivision
1 (b) and are to be treated as protected nonpublic data. I understand I must
provide an explanation (below) to support my claim that the information I am
providing constitutes trade secret information under law.
_______ The building plans I have submitted are COPYRIGHTED under and
protected by the Federal Copyright Act and I do not give permission for
them to be copied for release to the public. However, I understand the plans
are considered public information under Minnesota law and may be viewed by the
public.
Explanation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________ ______________________________
Name of Applicant (Please Print) Date
_______________________________________ _____________________________
Signature of Applicant Property Address
_________________________________________ ______________________________
Contact Address Contact Phone Number
_________________________________________
E-mail address
Appendix A-1
371276v3 SJS MU125-11
APPENDIX A
PRIVATE AND CONFIDENTIAL DATA
MAINTAINED BY THE CITY OF MOUNDS VIEW
The list of data types is divided into the following categories: General; Administration;
Planning; Personnel; and Police. The categories are provided only for convenience in
locating types of data. Inclusion in any particular category is not intended to indicate an
exclusive location for that data type (e.g., data listed under Personnel may be physically
located in more than one City department).
GENERAL
Applications for Election or Appointment
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3
DESCRIPTION OF DATA: The following data on all applicants for election or appointment are
public: name, city of residence (except when the appointment has a residency that requires the
entire address to be public), education and training, employment history, volunteer work, awards
and honors, prior government service and any data required to be provided.
Business Data
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.591
DESCRIPTION OF DATA: Data submitted to the City by a business requesting financial
assistance or a benefit financed by public funds are private or nonpublic data. The data becomes
public when public financial assistance is provided or the business receives a benefit from the
City, except that business plans, income and expense projections not related to the financial
assistance provided, customer lists, income tax returns, and design, market and feasibility studies
not paid for with public funds remain private or nonpublic.
City Attorney Records
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.393
DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the City
Attorney is governed by statutes, rules, and professional standards concerning discovery,
production of documents, introduction of 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.
Civil Investigative Data
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to
commence or defend pending civil litigation, or which are retained in anticipation of pending
civil litigation are classified as protected nonpublic data pursuant to Minnesota Statutes
Appendix A-2
371276v3 SJS MU125-11
Section 13.02, subdivision 13, in the case of data not on individuals and confidential pursuant to
Minnesota Statutes Section 13.02, subdivision 3, in the case of data on individuals. The City
may make any data classified as confidential or protected nonpublic accessible to any person,
agency or the public if the City determines that the access will aid the law enforcement process,
promote public health or safety or dispel widespread rumor or unrest.
Community Dispute Resolution Center Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.88
DESCRIPTION OF DATA: Data relating to a case in a community dispute resolution program
are classified as private data on individuals, with the exceptions set forth in Minnesota Statutes
Section 13.88.
Elected Officials Correspondence
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2
DESCRIPTION OF DATA: Correspondence between individuals and elected officials is private
data on individuals, but may be made public by either the sender or the recipient.
Financial Disclosure Statements
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 1.
DESCRIPTION OF DATA: Financial disclosure statements of elected or appointed officials
which, by requirement of the City, are filed with the City, are public data on individuals.
Identity of Employees Making Complaints
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 181.932, subd. 2; 13.7905, subd. 5(b)
DESCRIPTION OF DATA: The identity of an individual who reports to any governmental body
or law enforcement official a violation or suspected violation by the individual’s employer of any
federal or state law or rule is private data on individuals if it meets the requirements of
Minnesota Statutes Section 181.932, subdivision 2.
Internal Competitive Response
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 5, 13.37.
DESCRIPTON OF DATA: A bid or proposal to provide the City with goods or services that is
prepared by City staff in competition with bids or proposals solicited by the City from the private
sector or a different government entity from the private sector are classified as private or
nonpublic until completion of the selection process or completion of the evaluation process at
which time the data are public with the exception of trade secret information as defined and
classified in Minnesota Statutes Section 13.37.
Internal Auditing Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.392
Appendix A-3
371276v3 SJS MU125-11
DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and
maintained by the internal audit offices of the City or by person performing audits for the City
and relating to an audit or investigation are confidential data on individuals or protected
nonpublic data until the final report has been published or the audit or investigation is no longer
being pursued actively. Data on an individual supplying information for an audit or investigation
that could reasonably be used to determine the individuals’ identity are private data on
individuals if the information supplied was needed for an audit or investigation and would not
have been provided to the internal audit office or person performing audits without an assurance
to the individual that the individual’s identity would remain private.
Pleadings
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 12
DESCRIPTION OF DATA: Pleadings in a lawsuit by or against the City are public data to the
same extent that the data would be public if filed with the court.
Requests for Proposals
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 3(b), 13.37
DESCRIPTION OF DATA: Data submitted by a business to the City in response to a request
for proposals are private or nonpublic until the responses are opened. Once the responses are
opened, the name of the responder is read and becomes public. All other data in a response to a
request for proposal are private or nonpublic data until completion of the evaluation process.
After completion of the evaluation process, all remaining data submitted by responders are
public with the exception of trade secret data as classified in Minnesota Statutes Section 13.37.
If all responses to a request for proposals are rejected prior to completion of the evaluation
process, all data, other than that made public at the response opening, remain private or
nonpublic until a resolicitation of the requests for proposal results in the completion of the
evaluation process or a determination is made to abandon the purchase. If rejection occurs after
the completion of the evaluation process, the data remains public. If resolicitation of the
proposals does not occur within one year of the proposal opening data, the remaining data
become public.
Sealed Bids
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening
are classified as nonpublic data with regard to data not on individuals and as private data with
regard to data on individuals.
Security Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: 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 is classified as
Appendix A-4
371276v3 SJS MU125-11
nonpublic data with regard to data not on individuals and as private data with regard to data on
individuals. 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.
Service Cooperative Claims Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUE: Minn. Stat. § 13.203
DESCRIPTION OF DATA: 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 Minnesota service cooperatives to Minnesota political
subdivisions and survey information collected from employees and employers participating in
these plans and programs are classified as nonpublic data on individuals. However, an executive
director of a Minnesota service cooperative may make the determination that release of the data
will not be detrimental to the plan or program.
Social Security Numbers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.355
DESCRIPTION OF DATA: Social Security numbers of individuals are private data on
individuals, except to the extent that access to the Social Security number is specifically
authorized by law.
Trade Secret Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37, subd. 1 (b)
DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program, device,
method, technique or process: (1) that was supplied by the affected individual or organization;
(2) that is the subject of efforts by the individual or organization that are reasonable under the
circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or
potential, from not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or use are nonpublic
data with regard to data not on individuals and as private data with regard to data on individuals.
ADMINISTRATION
Absentee Ballots
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37. subd. 2.
DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are
nonpublic data with regard to data not on individuals and private data with regard to data on
individuals.
Computer Access Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.15
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371276v3 SJS MU125-11
DESCRIPTION OF DATA: Data created, collected, or maintained about a person’s access to the
City’s computer system for the purpose of: (1) gaining access to data or information; (2)
transferring data or information; or (3) using government services are private data on individuals
or nonpublic data. This data does not include a cookie temporarily installed by the City on a
person’s computer during a single session or visit to the City’s web site if the cookie is installed
only in a computer’s memory and is deleted from the memory when the web site browser or web
site application is closed.
Deferred Assessment Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.52
DESCRIPTION OF DATA: Data collected pursuant to Minnesota Statutes Section 435.193,
which indicates the amount or location of cash or other valuables kept in the homes of applicants
for deferred assessment are private data.
Federal Contracts Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.35
DESCRIPTION OF DATA: All data collected and maintained by the City when required to do
so by a federal agency as part of its contract with the City are classified as either private or
nonpublic depending on whether the data are data on individuals or data not on individuals.
Lodging Tax Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.495
DESCRIPTION OF DATA: Data, other than basic taxpayer identification data, collected from
taxpayers under a lodging tax ordinance are nonpublic data.
Municipal Bonds Register Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 12, 475.55, subd. 6
DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations are
nonpublic data.
Municipal Self-Insurer Claims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5
DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual
under a self-insured health benefit plan of a municipality are private.
Registered Voter Lists
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.607, subd. 6; 201.091
DESCRIPTION OF DATA: The information contained in the master list of registered voters
may only be made available to public officials for purposes related to election administration,
Appendix A-6
371276v3 SJS MU125-11
jury selection, and in response to a law enforcement inquiry concerning a violation of or a failure
to comply with any criminal statute or state or local tax statute.
Security Service Data
CLASSIFICATION(S): Nonpublic//Public
GOVERNING STATUTE: Minn. Stat. §§ 13.861, 13.37 and 13.82, subd. 2, 3 and 4.
DESCRIPTION OF DATA: Data collected, created, or maintained by a security service for the
purpose of providing security services to the City that are similar to the data described as request
for service data and response or incident data in Minnesota Statutes Section 13.82, subdivision 3
and 4 are public. If personnel of a security service make a citizen’s arrest, then any security
service data that are similar to the data described as arrest data in Minnesota Statutes
Section 13.82, subdivision 2 are public. If a security service participates in but does not make an
arrest, it shall, upon request, provide data that identify the arresting law enforcement agency. All
other security service data are nonpublic.
Social Recreational Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.548
DESCRIPTION OF DATA: For individuals 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 are
classified as private.
Solid Waste Collector Customer Lists
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.7411, subd. 4 (c), 115A.93, subd. 5
DESCRIPTION OF DATA: Customer lists provided to the City by solid waste collectors are
private data on individuals or nonpublic data with regard to data not on individuals.
PLANNING
Appraisal Data
CLASSIFICATION(S): Confidential/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Estimated or appraised values of property that are made by the City
or by an independent appraiser 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. Appraised values of property that are made by appraisers working for fee
owners or contract purchasers who have received an offer to purchase their property from a
government entity are classified as private data on individuals or nonpublic data. Appraisal data
made confidential or nonpublic become public when the data are submitted to a court appointed
condemnation commissioner, the data are presented in court in condemnation proceedings or the
parties enter into an agreement for the purchase and sale of the property.
Award Data
Appendix A-7
371276v3 SJS MU125-11
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.48
DESCRIPTION OF DATA: Financial data on business entities submitted to the City for the
purpose of presenting awards to business entities for achievements in business development or
performance are private data on individuals or nonpublic data.
Benefit Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.462
DESCRIPTION OF DATA: Data on individuals collected or created when an individual seeks
information about becoming, is or was an applicant for or a recipient of benefits or services
provided under any housing, home ownership, rehabilitation and community action agency,
Head Start, or food assistance programs administered by the City are private data on individuals
with the exception of the names and addresses of applicants for and recipients of the benefits,
which are classified as public data on individuals.
Community Center Data
CLASSIFICATION(S): Private/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.55
DESCRIPTION OF DATA: Letters or documentation from any person who makes inquiry to or
who is contacted by the community center facility regarding availability of the facility for
staging events; identity of firms and corporations that contact the facility; the type of event that
the contacting person wants to stage in the facility; suggested terms of rentals and responses of
staff to such inquiries are nonpublic or private data on individuals. The names, addresses and
contact persons for individual exhibitors at an exhibition may be withheld at the discretion of the
City to protect the competitive position of the facility or its customers.
Housing Agency Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.585
DESCRIPTION OF DATA: Correspondence between the housing agency and agency’s attorney
containing data collected as part of an active investigation undertaken for the purpose of the
commencement or defense of potential or actual litigation; initiation of lease terminations and
eviction actions; admission denial hearings concerning prospective tenants; commencement of
actions against independent contractors of the agency; and tenant grievance hearings are
classified as confidential data. Correspondence between the housing agency and the agency’s
attorney containing data collected as part of an active investigation undertaken for the purpose of
the commencement or defense of potential or actual litigation are classified as protected
nonpublic data. Income information on individuals collected and maintained to determine
property tax classification eligibility is private data on individuals. Data pertaining to
negotiations with property owners regarding the purchase of property are classified as nonpublic
data.
Appendix A-8
371276v3 SJS MU125-11
Property Complaint Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 1
DESCRIPTION OF DATA: Data that identifies individuals who register complaints concerning
violations of state laws or local ordinances concerning the use of real property are classified as
confidential data.
Redevelopment Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and the legal descriptions of
property owned by individuals, when collected in surveys of individuals conducted by the City
or Housing and Redevelopment Authority for the purposes of planning, development, and
redevelopment are classified as private data. Names and addresses of businesses and the legal
descriptions of business properties and the commercial use of the property to the extent the
disclosure of the use would identify a particular business are nonpublic data.
PERSONNEL
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.7905, subd. 5(c), 181.954, subd. 2 and 3
DESCRIPTION OF DATA: Test results and other information acquired in an employee drug and
alcohol testing process are private data on individuals.
Employment and Training Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.47
DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated
because an individual applies for, is currently enrolled in, or has been enrolled in employment
and training programs funded with federal, state or local resources are private data on
individuals.
Examination Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Data consisting solely of testing or examination materials or
scoring keys used solely to determine individual qualifications for appointment or promotion, the
disclosure of which would compromise the objectively or fairness of the testing or examination
process are classified as nonpublic, except pursuant to court order.
Human Rights Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.552, 363A.28 and 363A.35
DESCRIPTION OF DATA: Data maintained by the human rights department of the City.
Human rights investigative data contained in an open case file are confidential data on
Appendix A-9
371276v3 SJS MU125-11
individuals or protected nonpublic data. The name and address of the charging party and
respondent, factual basis of the allegations, and the statute under which the action is brought are
private data on individuals or nonpublic data but are accessible to the charging party and the
respondent. Human rights investigative data contained in a closed case file are private data on
individuals or nonpublic data. The name and address of the charging party and respondent,
factual basis of the allegations, the statute under which the action is brought, the party of the
summary of the investigation that does not contain identifying data on a person other than the
complainant or respondent and the commissioner’s memorandum determining whether probable
cause has been shown are public data.
Labor Relations Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and noneconomic items that
have not been presented during the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management position is classified as
nonpublic data with regard to data not on individuals and as private data with regard to data on
individuals.
Personnel and Employment Data
CLASSIFICATION(S): Private Data on Individuals/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Certain government data on individuals maintained because the
individual is or was an employee of or an applicant for employment by, performs services on a
voluntary basis for, or acts as an independent contractor with the City are public as set forth in
Minnesota Statutes Section 13.43, subdivision 2. All other personnel data is private data on
individuals but may be released pursuant to a court order. Data pertaining to an employee’s
dependents are private data on individuals.
Salary Benefit Survey Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.435
DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting
firms, nonprofit corporations or associations or obtained from employers with the written
understanding that the data shall not be made public are classified as nonpublic data.
PUBLIC SAFETY
Arson Investigation
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 26, 299F.055 and 299F.056
DESCRIPTION OF DATA: Data received pursuant to the Arson Reporting Immunity Law,
Minnesota Statutes Sections 299F.052 to 299F.057 by an authorized person or insurance
company shall be confidential data until its release is required pursuant to a criminal or civil
proceeding.
Appendix A-10
371276v3 SJS MU125-11
Child Abuse Report Records
CLASSIFICATION(S): Confidential/Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (b), 13.82, subd. 8 and 9 and 626.556
DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child
abuse or neglect reported under Minnesota Statutes Section 626.556 are private data on
individuals. Active or inactive investigative data that identify a reporter of child abuse or neglect
under Minnesota Statutes Section 626.556 are confidential data on individuals, unless the subject
of the report compels disclosure under Minnesota Statutes Section 626.556, subdivision 11.
Investigative data that becomes inactive under Minnesota Statutes Section 626.556,
subdivision 7 paragraph (a) or (b) and that relate to the alleged abuse or neglect of a child by a
person responsible for the child’s care, as defined in Minnesota Statutes Section 626.556,
subdivision 2 are private data.
Corrections and Detention Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because
of their lawful confinement or detainment in state reformatories, prisons and correctional
facilities, municipal or county jails, lockups, work houses, work farms and all other correctional
and detention facilities are classified as private to the extent that the release of the data would
either: (a) disclose medical, psychological or financial information or personal information not
related to their lawful confinement or detainment or (b) endanger an individual’s life.
Corrections and detention data are confidential to the extent that the data would (a) endanger an
individual’s life, (b) endanger the effectiveness of an investigation authorized by statute relating
to the enforcement of rules or law, (c) identify a confidential informant, or (d) clearly endanger
the security of any institution or its population.
Crime Victim Notice of Release
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06
DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a
victim’s request for notice of release and a notice of release made pursuant to Minnesota Statutes
Section 611A.06 is classified as private data on individuals.
Criminal Gang Investigative Data System
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 14, 299C.091
DESCRIPTION OF DATA: Data in the criminal gang investigative data system are confidential
data on individuals as defined in Minnesota Statutes Section 13.02, subdivision 3, but are
accessible to law enforcement agencies and may be released to the criminal justice agencies.
Criminal History Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.87
Appendix A-11
371276v3 SJS MU125-11
DESCRIPTION OF DATA: Data maintained in criminal history records compiled by the
Bureau of Criminal Apprehension, including, but not limited to, fingerprints, photographs,
identification data, arrest data, prosecution data, criminal court data, custody and supervision
data that is maintained by the City is classified as private pursuant to Minnesota Statutes Section
13.02, subdivision 12. However, data created, collected or maintained by the Bureau of Criminal
Apprehension that identify an individual who was convicted of a crime, the offense of which the
individual was convicted, associated court disposition and sentence information, controlling
agency and confinement information are public data for 15 years following the discharge of the
sentence imposed for that offense.
Data on Videotape Consumers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2, 13.487, subd. 3
DESCRIPTION OF DATA: Personally identifiable information concerning a videotape
consumer that a law enforcement agency obtains in connection with an action commenced by the
videotape seller or provider to collect fines for overdue or unreturned videotapes or collection for
unpaid videotapes shall be maintained by the City as investigative data under Minnesota Statutes
Section 13.82, except that when the investigation becomes inactive, the information is private
data on individuals.
Diversion Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 18, 299C.46, subd. 5
DESCRIPTION OF DATA: Names and identifying data concerning diversion program
participants that are maintained in the criminal justice information system are private data.
Domestic Abuse Data
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. § 13.80
DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by
the Police Department pursuant to the Domestic Abuse Act, Minnesota Statutes Section 518.01
are classified as confidential data, pursuant to Minnesota Statutes Section 13.02, subdivision 3,
until a temporary court order made pursuant to subdivisions 5 or 7 of Minnesota Statutes Section
518B.01 is executed or served upon the data subject who is the respondent to the action.
EMT or First Responder Misconduct Data
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3.
DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical
technicians-intermediate, emergency medical technicians-paramedic or first responders
misconduct are considered to be confidential or protected nonpublic while an investigation is
active. Except for the Emergency Medical Services Regulatory Board’s final determination, all
communications or information received by or disclosed to the Board relating to disciplinary
matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and
privileged and any disciplinary hearing shall be closed to the public.
Appendix A-12
371276v3 SJS MU125-11
Firearms Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.87, subd. 2
DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for
permits to carry firearms are classified as private.
Hazardous Substance Emergency
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096, subd. 1
DESCRIPTION OF DATA: Data contained in hazardous materials notification reports made
pursuant to Minnesota Statutes Sections 299F.091 to 299F.099 are classified as nonpublic.
Health Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1 (a)(2) and (b)
DESCRIPTION OF DATA: Data on individuals created, collected, received or maintained by
the City relating to the identification, description, prevention, and control of disease or as part of
an epidemiologic investigation designated by the Commissioner of Health as necessary to
analyze, describe or protect the public health are private data on individuals.
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by the City jail or
detention facility that, if revealed, would identify an informant who provided information about
suspected illegal activities and is likely to subject the informant to physical reprisals by others
are confidential.
Law Enforcement Data
CLASSIFICATION(S): Private/Confidential/Protected Nonpublic/Public/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§13.82, 259.10, subd. 2, 243.166, 299C.54
DESCRIPTION OF DATA: Certain arrest data, request for service data, and response or
incident data are public data.
An audio recording of a call placed to a 911 system for the purpose of requesting service for law
enforcement, fire or medical emergency is private data on individuals, except that a written
transcript of the audio recording is public, unless it reveals the identity of an individual otherwise
protected under Minnesota Statutes Section 13.82, subdivision 17.
Criminal investigative data collected or created by a law enforcement agency in order to prepare
a case against a person for the commission of a crime or other offense for which the agency has
primary investigative responsibility is confidential or protected nonpublic while the investigation
is still active. Inactive investigation data is public unless the release of the data would jeopardize
another ongoing investigation or would reveal the identity of individuals protected under
Minnesota Statutes Section 13.82, subdivision 17.
Appendix A-13
371276v3 SJS MU125-11
Photographs that are part of inactive investigative files and that are clearly offensive to common
sensibilities are classified as private or nonpublic, provided that the existence of the photographs
shall be disclosed to any person requesting access to the inactive investigative file.
Data on court records relating to name changes under Minnesota Statutes Section 259.10,
subdivision 2 which is held by a law enforcement agency is confidential data on an individual
while an investigation is still active and is private data on an individual when the investigation
becomes inactive.
Data in arrest warrant indices are classified as confidential data until the defendant has been
taken into custody, served with a warrant or appears before the court, except when the law
enforcement agency determines that the public purpose is served by making that information
public.
Data that uniquely describe stolen, lost, confiscated or recovered property are classified as either
private data on individuals or nonpublic data depending on the content.
Financial records of a program that pays rewards to informants are protected nonpublic data in
the case of data not on individuals or confidential data in the case of data on individuals.
Data on registered criminal offenders as described in Minnesota Statutes Section 243.166 are
private data on individuals.
Data included in a missing children bulletin distributed pursuant to Minnesota Statutes
Section 299C.54 are public data.
Data that reflect deliberative processes or investigative techniques of law enforcement agencies
are confidential data on individuals or protected nonpublic data, provided that information,
reports, or memoranda that have been adopted as the final opinion or justification for a decision
of a law enforcement agency are public data.
Booking photographs are public data.
Data that would reveal the identity of persons who are customers of a licensed pawnbroker,
secondhand goods dealer or a scrap metal dealer are private data on individuals. Data describing
the property in a regulated transaction with a licensed pawnbroker, secondhand goods dealer or a
scrap metal dealer are public.
Peace Officer Discipline Procedures
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(p), 626.89, subd. 6 and 13.43
DESCRIPTION OF DATA: The complainant is entitled to copies of any witness statements in
the possession of the other party and an officer is entitled to a copy of the investigating agency’s
investigative report, provided that any references in a witness statement or investigative report
that would reveal the identity of confidential informants need not be disclosed except upon order
of the person presiding over the administrative hearing for good cause shown.
Appendix A-14
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Peace Officer Records on Juveniles
CLASSIFICATIONS(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.875, subd. 2, 260B.171, subd. 5.
DESCRIPTION OF DATA: Peace officers’ records of children who are or may be delinquent or
who may be engaged in criminal acts are private data but shall be disseminated pursuant to
Minnesota Statutes Section 260B.171, subdivision 5.
Reports of Gunshot Wounds
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (a), 626.53
DESCRIPTION OF DATA: A report made by a health professional concerning a wound or
injury arising from or caused by discharge of a firearm or inflicted by the perpetrator of a crime
using a dangerous weapon other than a firearm is confidential.
Sex Offender HIV Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5(b), 611A.19, subd. 2
DESCRIPTION OF DATA: Results of HIV tests of sex offenders are private data must be
handled in accordance with Minnesota Statutes Section 611A.19.
Sexual Assault Crime Victims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e), 609.3471
DESCRIPTION OF DATA: Data that specifically identifies a victim who is a minor, in records
or reports relating to petitions, complaints or indictments made for criminal sexual conduct in the
first, second, third or fourth degrees are private data.
Undercover Buy Fund
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 13, 299C.065, subd. 4
DESCRIPTION OF DATA: An application to the Commissioner of Public Safety for a grant
pursuant to Minnesota Statutes Section 299C.065 is a confidential record. Information within
investigative files that identifies or could reasonably be used to ascertain the identity of assisted
witnesses, sources or undercover investigators is a confidential record. A report at the
conclusion of an investigation is a public record, except that information in a report pertaining to
the identity or location of an assisted witness is private data.
Appendix A-15
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Use of Motor Vehicle to Patronize Prostitutes
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3 (c) and 609.324, subd. 5
DESCRIPTION OF DATA: A notation in a driving record that the driver has used a motor
vehicle to patronize prostitutes is classified as private data on individuals, but is accessible for
law enforcement purposes. If the person has previously been convicted of a violation of
Minnesota Statutes Sections 609.324 or 609.322, the notation is public data.
Videotapes of Child Abuse Victims
CLASSIFICATION(S): Private/Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.821, 611A.90
DESCRIPTION OF DATA: An individual subject of data may not obtain a copy of a videotape
in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of
physical or sexual abuse without a court order under Minnesota Statutes Sections 13.01,
subdivision 6 or 611A.90.
Vulnerable Adult Report Records
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (l), 626.557, subd. 12b(b).
DESCRIPTION OF DATA: Data contained in reports made pursuant to Minnesota Statutes
Section 626.557 of possible incidents of maltreatment of vulnerable adults and identities of
individuals making such reports are confidential data on individuals or protected nonpublic data.
Adopted by the City of Mounds View on November 22, 2010.
__________________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________________
James Ericson, City Administrator
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INFORMATION BRIEF
Research Department
Minnesota House of Representatives
600 State Office Building
St. Paul, MN 55155
Matt Gehring, Legislative Analyst
651-296-5052 Updated: July 2010
Minnesota Government Data Practices Act
An Overview
The Government Data Practices Act, Minnesota Statutes, chapter 13, creates a
presumption that state and local government records are accessible to the public,
unless a statute or rule provides otherwise. This information brief outlines the
most significant procedural features, rights, and remedies in the act, as amended
through the 2010 first special session.
Contents
Data and Entities Covered by the Act ..............................................................................................2
Data Classifications .........................................................................................................................3
Data Classification Changes ............................................................................................................4
Commissioner of Administration’s Duties ......................................................................................5
Responsible Authority Duties ..........................................................................................................8
Data Practices Compliance Official .................................................................................................8
Access to Government Data .............................................................................................................9
Data Subjects’ Rights .....................................................................................................................11
Computer Access Data ...................................................................................................................12
Notice of Breach of Security of State Agency Data ......................................................................12
Remedies and Penalties for Violation ............................................................................................13
Specific Data Classifications .........................................................................................................15
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Minnesota Government Data Practices Act: An Overview Page 2
The Government Data Practices Act contains many of the statutory provisions that
classify government data as other than public, and thus restricts access to the data in some
way. The act also contains the following major features:
• Procedures for government agencies to follow in collecting and keeping records
• Procedures for individuals to follow in inspecting and copying government records
• Special protections for individuals who are being asked to supply information about
themselves, seeking to obtain records government holds on them, or wishing to
correct erroneous government data about themselves
• Procedures for getting advisory opinions on access to government data
• Civil and administrative remedies and criminal penalties for violating the act
Data and Entities Covered by the Act
The act applies to information in any form held by certain government agencies.
Data Covered All information in any form (written, computerized, on recording tape,
microfilm, etc.) collected, created, received, maintained, or
disseminated by government (Minn. Stat. § 13.02, subd. 7)
Entities Covered State agencies
The University of Minnesota and Minnesota State Colleges and
Universities
Political subdivisions
Statewide systems (record-keeping systems used in common by
multiple state agencies and/or political subdivisions)
Corporations and nonprofit social service agencies under contract with
a government entity (Minn. Stat. §§ 13.02, subd. 7; 13.05, subd. 6)
Entities Excluded Judicial branch data classifications and access are governed by the
rules of public access to records of the judicial branch, adopted by the
Minnesota Supreme Court (Minn. Stat. § 13.90)
For purposes of this act, townships located outside of the seven-county
metro area are not included in the definition of “political subdivision”
(Minn. Stat. § 13.02, subd. 11)
The legislature as a whole is not subject to the act, but individual
legislators are subject to certain provisions governing elected officials
and candidates for elected office
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Minnesota Government Data Practices Act: An Overview Page 3
Data Classifications
The act establishes a presumption that unless otherwise provided by law, all government data
are public. The act then specifies (1) by what authority public access can be limited, and (2)
possible data classifications other than public.
Presumption All government data are public (can be inspected and copied by
anyone) (Minn. Stat. § 13.03, subd. 1), but access may be limited by:
• federal statute
• state statute
• temporary classification issued by the Commissioner of
Administration
(Minn. Stat. § 13.03, subd. 1)
Kinds of
Classifications
Data governed by state law that are classified as something other than
public are classified in one of the following ways:
• private: data identifying an individual that are only available to
the individual or with the individual’s consent (Minn. Stat. §
13.02, subd. 12)
• confidential: data identifying an individual that are not available
to anyone outside the entity holding the data, including the
individual (Minn. Stat. § 13.02, subd. 3)
• nonpublic: data on a business or other entity that are only
available to the subject of the data or with the subject’s consent
(Minn. Stat. § 13.02, subd. 9)
• protected nonpublic: data on a business or other entity that are
not available to the subject of the data or anyone else outside the
entity holding the data (Minn. Stat. § 13.02, subd. 13)
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Classifications of Data Under the Minnesota Government Data Practices Act
Type of Data Subject of Data
(individual or entity)
Access (to whom
data are available
now)
When Data Become Available
to Public
General Rule Individual, business, or
other entity
Public Upon creation or receipt of the
data
Private Data Individual Individual who is the
subject of the data
(1) Immediately with consent of
data subject, or
(2) The later of 30 years after
creation or ten years after death
of the subject
Confidential
Data
Individual Government entity
only
The later of 30 years after
creation or ten years after death
of the subject
Nonpublic Business or other entity Business or entity
that is the subject of
the data
(1) Immediately with consent of
data subject, or
(2) Ten years after creation or
receipt (unless agency determines
not in public interest)
Protected
Nonpublic
Business or other entity Government entity
only
Ten years after creation or receipt
(unless agency determines not in
public interest)
Data Classification Changes
In general, data retains the classification provided in statute even if it is transferred from one
entity to another. The act contains provisions on when the original classification of various
types of data changes.
Statutes and Rules
on Particular Data
A particular data classification changes (1) if a specific statute so
provides, or (2) if change is required by judicial or administrative rules
of procedure. Access to data is controlled by the law at the time of the
request, regardless of the law when the data were collected or created.
(Minn. Stat. § 13.03, subds. 4 and 9)
Data on Entities All nonpublic and protected nonpublic data, except for security
information,1 become public either:
1 “Security information” means government data whose disclosure would jeopardize the security of
information, possession, individuals, or property against theft, improper use, temporary, attempted escape, illegal
disclosure, trespass, or physical injury. Minn. Stat. § 13.37, subd. 1, para (a).
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Minnesota Government Data Practices Act: An Overview Page 5
• ten years after the government agency created it, or
• ten years after the government agency received it, unless the
agency decides that reclassification would do more harm than
benefit to the public or data subject. Anyone who objects to this
decision may bring a district court action for release of the data.
(Minn. Stat. § 13.03, subd. 8)
Data on Decedents When an individual who was the subject of government data dies, data
on the individual changes classification as follows:
• Data that were private or confidential during the individual’s
lifetime become public ten years after the actual or presumed death
and 30 years after creation of the data. An individual is presumed
dead 90 years after the individual’s birth or the creation of the
data, whichever is earlier. The presumption does not apply if
evidence shows the individual is still living. (Minn. Stat. § 13.10,
subd. 2)
• The representative of the decedent’s estate or a trustee appointed in
a wrongful death action may exercise the data subject rights
conferred on the decedent by the act. Nonpublic data concerning a
decedent created or collected after death are accessible to this
representative. Any person may bring an action in district court to
obtain release of private or confidential data on a decedent. (Minn.
Stat. § 13.10)
Data in Archives When government data are transferred to the state archives, whether
the data relate to individuals or entities, they are no longer classified as
anything other than public. Transfer of data, and its subsequent access
and use are determined by the statute governing the state archives,
Minnesota Statutes, section 138.17. (Minn. Stat. § 13.03, subd. 7)
Commissioner of Administration’s Duties
The Commissioner of Administration has three major responsibilities under the act as it applies
to all government entities: (1) issue rules to implement and enforce the act; (2) issue temporary
data classifications as appropriate; and (3) issue advisory opinions as requested.
Rulemaking Rules must be adopted under the Administrative Procedures Act. Rules
may not alter the statutory provisions on the rights of data subjects. The
rules are codified at Minnesota Rules, chapter 1205. (Minn. Stat. §
13.07)
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Temporary
Classifications
The act allows a state agency, statewide system, or political
subdivision to apply to the Commissioner of Administration for a
temporary data classification, which remains in effect until the
legislature has had the opportunity to act on a proposed statute that
would codify the classification permanently into law. The application
for the classification is public. (Minn. Stat. § 13.06, subd. 1)
The application must establish that no existing statute classifies the
data in question and either:
(1) similar data has been classified as not public in the hands of
other government entities; or
(2) public access to the data would make a program
unworkable.
The applicant must also establish that there is a compelling need for
immediate classification so as not to adversely affect the health, safety,
or welfare of the public, or the well-being or reputation of the data
subject. (Minn. Stat. § 13.06, subd. 3)
If the commissioner determines that a particular classification request
by one government agency should reasonably apply to similar data
held by all similar agencies, the commissioner has the power to grant
the classification to all appropriate agencies. (Minn. Stat. § 13.06,
subd. 4)
An application may be withdrawn by the requesting government entity
prior to the commissioner granting or disapproving the application. A
withdrawal request must be made in writing and state the reason the
temporary classification is no longer necessary. (Minn. Stat. § 13.06,
subd 4a)
Once an application has been received by the commissioner, the data
have the requested classification for 45 days or until the commissioner
acts on the application, whichever is first. (Minn. Stat. § 13.06, subd. 1)
If the commissioner denies an application, he or she must explain why.
A rejected application may be amended and resubmitted once for any
single file or system. (Minn. Stat. § 13.06, subd. 5)
If approved, a temporary classification is effective immediately and
must be submitted to the legislature in bill form the next year. It also
must be submitted to the attorney general for review for form and
legality. A temporary classification expires August 1 of the year after it
is submitted to the legislature, unless otherwise enacted into law by
that time. During the period a temporary classification is in effect, the
responsible authority of a government entity may request approval
from the commissioner for a new or different use or dissemination of
the data. (Minn. Stat. § 13.06, subds. 6a and 7)
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Commissioner’s
Data Practices
Opinions
The act authorizes the Commissioner of Administration to give a
written opinion on a question about access to government data, rights
of data subjects, or data classifications under any provision of
Minnesota Statutes. It allows the commissioner, on request of a person
who disagrees with a data practices determination by a state agency,
state system, or political subdivision, to give a written opinion about
the person’s access rights or rights as a subject of data. The
commissioner must release opinions under this section to the public.
(Minn. Stat. § 13.072, subds. 1 and 2)
If the commissioner decides not to issue an opinion, he or she must so
notify the requester. When an opinion is to be issued, the entity holding
the data must be allowed to explain its decision regarding access. The
commissioner or other entity may choose to notify the data subject of
the dispute about the data. (Minn. Stat. § 13.072, subd. 1)
An entity or person that conforms to a written commissioner’s opinion
is not liable for civil damages or criminal penalties under the act.
(Minn. Stat. § 13.072, subd. 2)
A commissioner’s opinion under this section does not bind the entity
whose data are the subject of the opinion, but must be given deference
by a court in a proceeding involving the data. (Minn. Stat. § 13.072,
subd. 2)
A formally issued written attorney general’s opinion takes precedence
over an opinion issued by the Commissioner of Administration.
(Minn. Stat. § 13.072, subd. 1, para. (f))
This section does not preclude a person from bringing another action
under chapter 13 or other law in addition to, or instead of, getting an
opinion under the act. (Minn. Stat. § 13.072, subd. 2)
The section does not apply to a question about specified determinations
made by the Commissioner of Health. (Minn. Stat. § 13.072, subd. 1,
para. (e))
Public Information
Policy Training
Program
The commissioner is authorized to establish a program to train state
and local government officials and employees on government data
practices laws and records management statutes. Currently, these
programs are administered through the Information Policy Analysis
Division of the Department of Administration. (Minn. Stat. § 13.073)
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Responsible Authority Duties
Besides the statewide responsibilities imposed on the Commissioner of Administration, the act
requires each covered government entity to designate an individual to perform various duties
regarding the agency’s records. This individual is the “responsible authority” for the
government entity.
Responsible
Authority
The responsible authority is the individual in a state agency or
statewide system who is made responsible for the entity’s data by law
or by the Commissioner of Administration. In a political subdivision,
the responsible authority is the individual designated to be responsible
for data by the local governing body. (Minn. Stat. § 13.02, subd. 16)
Data Description;
Procedures
Each responsible authority must prepare (1) a public document that
describes every kind of private or confidential data the agency has, and
(2) a document on the rights of data subjects and the procedures for
data access by the subject of the data. The authority must develop
procedures to assure that data on individuals are accurate, complete,
current, and secure. (Minn. Stat. § 13.05, subds. 1, 5, and 8)
Permitted Data Data on individuals must be collected and stored only as needed to
administer programs authorized by law. (Minn. Stat. § 13.05, subd. 3)
Permitted Data
Purposes
Data on an individual must be used only for the purpose stated to the
individual when the data was collected, unless:
• a law enacted or a rule issued after collection of the data authorizes
a different use;
• the commissioner specifically approves a different use necessary to
carry out a function provided by law; or
• the data subject gives informed consent as determined by the
commissioner’s rules. (Minn. Stat. § 13.05, subd. 4)
Data Practices Compliance Official
Duties Each government entity must appoint a data practices compliance
official. The responsible authority may fill this role. The public may
direct to this individual questions and concerns about data access or
other data problems. (Minn. Stat. § 13.05, subd. 13)
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Access to Government Data
The act guarantees anyone the right to see and copy data classified as public. It requires an
explanation if access is denied on grounds that data are not public. Further, it regulates data
sharing by government agencies.
No Identification or
Justification
Required
Unless authorized by statute, a government entity may not require an
individual to identify herself or himself or to explain why public data
are being requested (except for the sole purpose of facilitating data
access). (Minn. Stat. § 13.05, subd. 12)
Convenient Use Records containing government data must be kept in an arrangement
and condition that makes them conveniently accessible. (Minn. Stat. §
13.03, subd. 1)
Inspection; Fee Upon request, a person may inspect public government data at a
reasonable time and place for no charge. Inspection includes being able
to view and download or print government data stored in electronic
form and made available to the public on a remote access basis (such as
an agency’s web site). An entity is not required to print a copy of
public data for no charge, unless printing is the only way to provide for
inspection of the data. (Minn. Stat. § 13.03, subd. 3)
A government entity may charge for remote access to data if: (1) it has
specific statutory authority, or (2) it enhances the data or the access at
the request of the person seeking the data. (Minn. Stat. § 13.03,
subd. 3)
Copying; Fees A person who requests a copy of public data or electronic transmittal of
data may be required to pay the actual costs respectively of (1)
searching for, retrieving, copying, and certifying the copies, or (2)
electronically transmitting the data. An additional charge for
development costs may be imposed if the requested material has
commercial value (such as a database).2 An agency may not charge for
separating public from not public data.
If 100 or fewer pages of black and white paper copies are requested,
the agency may charge no more than 25 cents for each page copied.
Copies must be provided as soon as reasonably possible, if the entity is
not able to provide them at the time of the request. (Minn. Stat. §
13.03, subd. 3)
Data maintained on computer must be provided in electronic form if
2 Further, a person who requests private data about an individual, with the individual’s consent, may be
required to pay actual costs of making, certifying, and compiling the copies.
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that can be reasonably done. Information does not have to be provided
in an electronic format or program different from that in which the
government entity maintains the data. (Minn. Stat. §§ 13.03, subd. 3;
13.05, subd. 4, para. (d))
Summary Data Unless a specific law provides otherwise, upon request, a responsible
authority must prepare a statistical record or report which is available
to the public and is known as summary data. Summary data are
prepared by eliminating all identifying features from confidential or
private data. The requesting person must pay the cost of making the
summary. A person outside the agency may be allowed to prepare the
summary, if that would not compromise the security of the data. (Minn.
Stat. § 13.05, subd. 7)
Denial of Access If a responsible authority determines that requested data are not public,
it must notify the individual requesting the data and cite the applicable
law or temporary classification that prevents the data from being made
public. (Minn. Stat. § 13.03, subd. 3, para. (f))
Intergovernmental
Data Access
Government entities may share data that are not public with each other
only if provided by law. The requesting entity may be required to pay
the sending entity’s actual cost of supplying the data. (Minn. Stat. §
13.05, subd. 9)
Data that is shared between entities maintains the same classification in
the hands of the receiving entity as it had in the hands of the entity
providing the data. (Minn. Stat § 13.03, subd. 4)
Discoverability of
Not Public Data
In a lawsuit, arbitration, or administrative action, parties may seek
discovery of government data or have a court order for release of data.
The responsible authority will refuse to comply if the data are
classified as not public. The party seeking release may then bring an
action to compel discovery. The presiding officer will decide
(1) whether the data are discoverable under applicable rules of
evidence or procedure, and (2) if so, whether the benefit of access
outweighs the harm to confidentiality interests of the agency holding
the data, the person providing the data, or the privacy of an individual
identified in the data. (Minn. Stat. § 13.03, subd. 6)
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Data Subjects’ Rights
Individuals about whom the government has data have the following rights:
• to know why requested data is being collected
• to know whether the government has data about them
• to contest the accuracy and completeness of data about them
Data Subject
Warning
An individual asked to supply private or confidential data about
himself or herself (other than to law enforcement officers in an
investigation) must be told the intended use of the data, whether the
individual is legally required to provide the data, any known
consequences of giving or withholding the data, and which other
agencies or persons are authorized by law to receive the data. This
notice is commonly known as the “Tennessen Warning.” (Minn. Stat. §
13.04, subd. 2)
Subject’s Access to
Data
Upon request, an individual must be told whether an agency has data
about the individual and how the data are classified. The individual has
a right to see (without charge) and copy (for a fee) public or private
data about herself or himself immediately if possible or otherwise
within ten business days. The right to access may be exercised every
six months, or more often if more data are added or the individual is in
a dispute with the agency. (Minn. Stat. § 13.04, subd. 3)
Data Corrections An individual may contest the accuracy or completeness of public or
private data on the individual. The individual must describe in writing
the nature of his or her objections. Within 30 days the responsible
authority must (1) correct or complete the data and notify past
recipients of any error in the data, or (2) notify the subject that the
authority believes the data are correct.
The subject may appeal the responsible authority’s decision regarding
the contested data in a “contested case hearing” following procedures
established in the Administrative Procedures Act. (Minn. Stat. ch. 14)
Data successfully challenged must be completed, corrected, or
destroyed. The authority may keep a copy of any order issued in the
dispute or a summary of the dispute that does not contain any details of
the challenged data. (Minn. Stat. § 13.04, subd. 4)
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Computer Access Data
Notice and Use A government entity that tracks users’ access to government computers
for purposes of obtaining or transferring information or to use
government services must inform users if it collects or keeps such
information or installs permanent “cookies” on users’ computers. The
notice must be provided before a person is asked to give identifying
data to the government entity. The government entity must notify
persons who access its computers how the data about their access will
be used. In particular, users must be notified that the data will be used
to evaluate electronic government services, to prevent unlawful
intrusion into government electronic systems, or for any other purpose
provided by law.
A person who refuses to accept a cookie must still be allowed to access
or transfer information or obtain government services by the
government entity’s computer. (Minn. Stat. § 13.15)
Notice of Breach of Security of State Agency Data
Notice Provisions A state agency that discovers a breach in the security of private or
confidential data it holds must notify affected individuals by first-class
mail or e-mail as provided by the statute. If a breach requires notice to
more than 1,000 individuals, the agency must also notify all consumer
credit reporting agencies. If a breach would require notice to more than
500,000 individuals or would cost more than $25,000, the agency may
provide the notice by doing all of the following:
• sending an e-mail notice to all affected individuals, to the extent
the agency has e-mail addresses for those individuals;
• providing a conspicuous notice on the state agency’s web site;
and
• notifying major media outlets.
Notice must be provided promptly unless a law enforcement agency
determines it would impede a criminal investigation. (Minn. Stat. §
13.055)
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Remedies and Penalties for Violation
There are civil and administrative remedies, as well as criminal penalties in some cases, for
violations of the act, including the failure of a government entity to comply with the act’s
provisions.
Civil Action An individual or the representative of a decedent damaged by a
government agency’s violation of the act may recover damages, costs,
and attorney fees as part of a civil action in action in district court. For
a willful violation, exemplary damages of $1,000 to $15,000 per
violation may be imposed. The district court may also issue an
injunction ordering a government agency not to violate the act. (Minn.
Stat. § 13.08, subds. 1 and 2)
The act also allows a special district court action in which an aggrieved
person seeking access to data or enforcement of other rights under the
act may seek an order to compel a noncompliant government entity to
follow the requirements of the law. If such an order is issued, and the
court determines that the offending entity has not substantially
complied with the requirements of the act, the court may impose a civil
penalty of up to $1,000 against that entity, payable to the state general
fund. (Minn. Stat. § 13.08, subd. 4)
Administrative
Remedy
For actions commenced on or after July 1, 2010, the act provides for an
administrative process, as an expedited alternative to a more formal
civil court action to compel a government entity to comply with the act.
Only actions to enforce compliance with the act may use this process.
Actions in which a person seeks recovery of damages for a violation of
the act must use the district court process described above.
A complaint of a violation under this process is reviewed by an
administrative law judge and, if appropriate, a hearing on the matter is
conducted. The administrative law judge may find that a violation of
the act has occurred, impose a civil penalty against a government entity
of up to $300, order the entity to comply with the act’s provisions
(including setting a date for production of public data, if necessary),
and refer the matter to an appropriate authority for consideration of
criminal charges, if necessary. A successful complainant may be
entitled to an award of attorney’s fees and a refund of all but $50 of the
fee for filing a complaint using this process. (Minn. Stat. § 13.085,
subd. 5)
Criminal Penalty A person who willfully violates the act or its associated rules is guilty
of a misdemeanor. (Minn. Stat. § 13.09)
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Public Employee
Sanctions
Willful violation of the act by a public employee is just cause for
suspension without pay or dismissal from employment. (Minn. Stat. §
13.09)
Failure to Comply
with
Commissioner’s
Opinion
A government entity that fails to act in conformity with an opinion
issued to that entity by the Commissioner of Administration must be
ordered to pay a complainant’s reasonable attorney’s fees, if the
contents of the opinion are directly related to the matter under dispute.
In actions involving the administrative process described above, the
attorney fee award is capped at $5,000. (Minn. Stat. §§ 13.08, subd. 4;
13.085, subd. 6)
Immunities A government entity or other person is immune from civil and criminal
liability for releasing data that are not public, if the data is released
pursuant to a court order, including an order issued by an
administrative law judge. (Minn. Stat. § 13.08, subd. 5)
A government entity or other person that acts in conformity with an
order issued by an administrative law judge is not liable for
compensatory or exemplary damages, or awards of attorney fees in a
civil action, and is not subject to a criminal penalty for acting in
conformity with the order. (Minn. Stat. § 13.085, subd. 5, para. (f))
A government entity or other person that conforms to a written opinion
of the Commissioner of Administration is not liable for compensatory
or exemplary damages, or awards of attorney fees in a civil action, and
is not subject to a criminal penalty for acting in conformity with the
opinion. (Minn. Stat. § 13.072, subd. 2)
Frivolous Claims If a court finds that a claim brought in district court to compel
compliance with the act is frivolous, the court is permitted to award
costs and attorney fees to the affected government entity. (Minn. Stat. §
13.08, subd. 4)
If an administrative law judge determines that a complaint filed is
frivolous or brought for purposes of harassment, the judge must order
that the complainant pay the government entity’s reasonable attorney’s
fees, up to $5,000. (Minn. Stat. § 13.085, subd. 6)
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Specific Data Classifications
The act contains specific classifications for numerous types of data, held by a variety of
government entities. The sections of the act are largely organized by subject matter; in some
cases, data is explicitly classified within a section of the act itself, and unique requirements for
access to the data are provided along with the classification. In other cases, the act provides
cross-references to sections of statute that are contained outside of chapter 13, but that provide
classifications of data and requirements for its access as part of a more general statutory
framework on that particular issue.
The following table provides the relevant sections of the act based on the subject matter of the
data.
Data Category Statutory References Types of data covered
Computer data § 13.15 Data related to a person’s accessing
of a government entity’s computer
Political subdivision data §§ 13.201-13.203 Miscellaneous data related to local
units of government
Educational data §§ 13.319-13.322 Data related to public educational
institutions, covering pre-
kindergarten programs through
postsecondary institutions, including
the University of Minnesota
General data §§ 13.34-13.37 Miscellaneous data classifications,
including data affected by a federal
contract, the use of Social Security
numbers, and security and trade
secret information
Health and medical §§ 13.3805-13.386 Public health issues, health regulatory
data, health occupations investigative
data, certain medical data, and
genetic information
Attorney, audit, and investigative
data
§§ 13.39-13.393 Civil investigations, internal audits,
and access to data by government
attorneys
Library data §§ 13.40-13.401 Library patron records and data held
by historical records repositories and
the state archives
Licensing §§ 13.41-13.411 Data related to various government-
licensed occupations
Personnel; salary benefits §§ 13.43-13.435 Data related to employees of a
government entity and applicants for
employment
Property data §§ 13.44-13.441 Data related to the use of real
property, code violations, and
appraisals of real or personal property
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Data Category Statutory References Types of data covered
Family, welfare, and benefit data §§ 13.46-13.468 Human services, human services-
related benefits, family and domestic
relations, and foster care
Employment and training data § 13.47 Data related to employment and
training programs funded using
federal, state, or local resources
Business organization and trade
regulation
§§ 13.48-13.487 Data related to business operations
and consumer issues
Taxation and assessments §§ 13.495-13.52 Various classifications of data related
to taxes and property assessments
Facility, event, and recreational
data
§§ 13.548-13.55 Local social or recreational programs
and major event facilities
Human rights § 13.552 Data related to the Minnesota Human
Rights Act
Housing, development, and
business data
§§ 13.585-13.598 Public housing agencies,
redevelopment authorities, and
employment and economic
development
Grants § 13.599 Grant applicants and grant proposal
responses
Elected and appointed officials;
legislative data
§§ 13.601-13.606 Data related to elected officials, the
legislative process, and certain
legislative entities
Ethics and elections § 13.607 Voting, elections, campaign finance,
and conflicts of interest
Retirement §§ 13.63-13.632 Data related to various retirement
funds and programs
State agencies §§ 13.635 Data related to miscellaneous state
agencies and boards
Administration and finance §§ 13.64-13.6401 Miscellaneous data related to the
Department of Administration and the
Department of Management and
Budget
Agriculture §§ 13.643-13.6435 Data held by the Department of
Agriculture or related to agricultural
issues
Attorney general § 13.65 Data related to the attorney general,
including investigative data and
consumer complaint issues
Employee relations §§ 13.67-13.6705 Employee data held by the
Department of Management and
Budget and use of data held by
employees of the executive branch
Energy and utilities §§ 13.679-13.685 Data related to energy and public
utilities
House Research Department Updated: July 2010
Minnesota Government Data Practices Act: An Overview Page 17
Data Category Statutory References Types of data covered
Public safety §§ 13.69-13.6905 Data held by the Department of
Public Safety or related to public
safety issues
Commerce, banking, and
insurance
§§ 13.711-13.7191 Miscellaneous data related to
commerce, banking, and insurance
Transportation data §§ 13.72-13.721 Data held by the Department of
Transportation or related to
transportation issues
Environmental protection §§ 13.741-13.7411 Data related to pollution control and
environmental quality
Racing; gaming data §§ 13.745-13.746 Horse-racing data, gambling, and the
state lottery
Veterans § 13.785 Data held by the Department of
Veterans Affairs or related to
veterans issues
Labor and industry §§ 13.79-13.791 Data related to the Department of
Labor and Industry, the Bureau of
Mediation Services, and rehabilitation
services
Biotechnology § 13.7911 Data related to bioprocess piping and
equipment
Private donor gifts § 13.792 Data related to private donors to
various government entities (such as
the Minnesota Zoological Garden, the
University of Minnesota, Minnesota
State Colleges and Universities, and
State Services for the Blind)
Natural resources §§ 13.793-13.7932 Data held by the Department of
Natural Resources or related to
natural resources issues, including
data on state mineral leases and
exploration, and logger safety and
educational programs
Law enforcement; Judicial;
Corrections; Criminal justice
§§ 13.80-13.90 Various provisions related to law
enforcement and criminal judicial
processes, corrections, crime victims,
court services, and juvenile justice
For more information about government data, visit the privacy area of our web site,
www.house.mn/hrd/hrd.htm.
1
Responsible Authority, Designee, and Data Practices Compliance Official
The Data Practices Act (Chapter 13 of Minnesota Statutes) and Minnesota Rules, Chapter 1205, assign a number
of duties to government entities. The specific employees in the entity who have the authority and responsibility
for carrying out these duties are the:
• responsible authority (RA);
• designee (one or more); and
• data practices compliance official (DPCO).
Responsible Authority: Each entity must identify, designate or appoint one individual as its RA. The RA is
the person who ultimately is responsible for the collection, use, and dissemination of all entity data, and for all
of the entity’s data practices decisions. The RA also must make sure the entity complies with all of the
requirements of the Act and the Rules. Both the entity and the RA are liable for violations of Chapter 13.
(Minnesota Statutes, sections 13.02, subdivision 16; 13.05; Minnesota Rules 1205.0200, subparts 12-15, and
1205.0800-1500)
State agency: the RA is the commissioner, the chief executive officer, or an agency official appointed by the
agency’s governing body. (Minnesota Rules 1205.0200, subpart 13)
Constitutional officer: the constitutional officer is the RA for his/her office. (Minnesota Rules 1205.0200,
subpart 13)
County
• Elected official: the elected official is the RA for his/her office. (Minnesota Rules 1205.0200, subpart
14(A))
• Data outside of offices of elected officials: the governing body must appoint a county employee to be the
RA. (Minnesota Rules 1205.0200, subpart 14(A))
• County social services agency: the RA is the director of the agency. (Minnesota Statutes, section 13.46,
subdivision 10)
City or school district: The governing body must appoint a city or school district employee, respectively, to be
the RA. (Minnesota Rules 1205.0200, subparts 14(B) and (C))
If your entity is not one described above, look to Minnesota Rules 1205 and Chapter 13 for guidance.
Designee: A designee is a person designated by RA to help administer and implement the requirements of
Chapter 13 and the Rules. The law specifically states that a designee is responsible for receiving and complying
with requests for government data, and for answering inquiries from the public concerning the provisions of
Chapter 13 or the Rules. The RA decides whether to appoint designees and how many are appointed. The RA
is not required to appoint designees.
The law defines the designee as a person who is in charge of and responsible for individual files or systems
containing government data. Often, an RA will appoint a division head – or the director of a unit within the
entity – as the designee for the data maintained by that division or unit. (Minnesota Statutes, section 13.02,
subdivision 6)
Data Practices Compliance Official: The RA must designate or appoint one employee to be the entity’s
DPCO. Instead of making this appointment, the responsible authority may choose to serve as the DPCO. The
DPCO receives and responds to questions or concerns about data practices problems, including problems in
obtaining access to data the entity keeps. (Minnesota Statutes, section 13.05, subdivision 13)
2
Responsibilities of the Responsible Authority, Designee, and
Data Practices Compliance Official
Nothing prohibits other entity employees from assisting with these functions.
Statutory Responsibility Responsible
Authority
Designee Data
Practices
Compliance
Official
Prepare access procedures for members of the public and
data subjects. (13.03, subd. 2; 13.05, subd. 8) 9
Establish procedures to ensure that data on individuals are
accurate, complete, and current. (13.05, subd. 5) 9
Establish security safeguards for data on individuals. (13.05,
subd. 5) 9
Establish procedures to ensure that the entity complies with
requests for government data appropriately and promptly.
(13.03, subd. 2)
9
Prepare summary data. (13.05, subd. 7) 9
Receive and make determinations about challenges to
accuracy and completeness of data. (13.04, subd. 4) 9
Receive and make determinations about requests from
minors to withhold data from a parent/guardian. (13.02,
subd. 8 and Minn. Rules 1205.0500)
9
Apply to the Commissioner of Administration for a
temporary classification of data. (13.06) 9
Ensure that the entire entity complies with Chapter 13 and
the Rules. (13.02, subd. 16; Minn. Rules 1205.0900) 9
Appoint designee(s). (13.02, subd. 6) 9
Appoint a data practices compliance official. (13.05, subd.
13) 9
Receive and comply with requests for government data.
(13.02, subd. 6; 13.03; 13.04) 9 9
Responsible for files and systems containing government
data. (13.02, subds. 6 and 16) 9 9
Answer inquiries from the public concerning Chapter 13 or
the Rules. (13.02, subds. 6 and 16; 13.05, subd. 13) 9 9 9
MN Department of Administration, Information Policy Analysis Division 201 Administration Building, 50 Sherburne Avenue, St. Paul, MN 55155
Voice: 651.296.6733 or 1.800.657.3721 Fax: 651.205.4219 Email: info.ipad@state.mn.us Website: www.ipad.state.mn.us November 2008
This material is provided as general information and is not a substitute for legal advice.
Consult your attorney for advice concerning specific situations.
RISK MANAGEMENT INFO RMATION
MINNESOTA GOVERNMENT DATA PRACTICES ACT:
YOU WANT WHAT? WHEN?
Overview
The Minnesota Government Data Practices Act, Minn. Stat.
ch. 13, attempts to balance the public’s right to information,
individual’s right to privacy, and government’s need to
function responsibly. There is nothing in the Act requiring
any city to hand over requested information on the spot.
While a great deal of the information at city hall is public
and must be released when requested, a city is entitled to
establish and follow a process for evaluating and complying
with data requests. Simply put, it is much better to take a
conservative approach when considering a data request,
even if that means the data is not released immediately. In
the long run, a delay, during which a city confirms the data
being requested and ensures that release is permitted under the Act, may prevent a city from being
sued for sharing data that should not have been released.
The Act requires government entities, including cities, to identify the types of data they maintain
and determine how each type of data is classified. A city must develop a public document
identifying these data categories and classifications for data on individuals. (The Act does not
require such a document for data that is not on individuals.). This public document must contain
the name, title, and address of the city’s “Responsible Authority” and copies of any forms used to
collect private data on individuals (i.e., Tennesen Warning). This document must be updated
annually.
While the Act does not require that a data request be in written form, a city may require that data
requests be submitted in writing and may require the use of a form designed for this purpose.
Cities must respond to data requests appropriately and promptly. More than anything else, what is
appropriate and prompt depends upon the scope of the request, and may vary depending upon the
size and complexity of a city, the type and/or quantity of data requested, the clarity of the data
request, and the number of staff available to respond to the request.
Highlight
The general presumption of the
Act is simple: government data
are public unless otherwise
classified by state or federal law.
Government data that is
collected, created, stored, or
maintained by a city are public
and are accessible for both
inspection and copying.
Meeting the requirements of the Act can be difficult because of the demands placed on city staff to
know intricate details that may differ depending on the data being requested. Finding guidance on
how to apply the Act is not always as easy as simply consulting the statutes. In addition to the
statutes, the Commissioner of Administration prepares educational materials and model policies.
The Commissioner also has authority to issue advisory opinions regarding how the Act should be
applied in certain situations.
On occasion, Minnesota appellate courts are called upon to interpret provisions of the Act. These
court decisions may disagree with the Commissioner’s opinions. Appellate court decisions take
precedence over Commissioner’s opinions.
Required Officials
A city is required to have two officers to administer the
responsibilities set forth in the Act. The required officers are
the Responsible Authority and the Compliance Officer.
According to the Act, requests for data are to be directed to
the Responsible Authority. The Responsible Authority then
makes the determination to provide or deny access to the
data requested. If a person believes he/she has been
wrongfully denied access to data, he/she can work with the
Compliance Officer. A different outcome seems unlikely if
the Compliance Officer is the same person who previously
denied access to the requested data in the role of the
Responsible Authority. While the concept of having both a
Responsible Authority and a Compliance Officer may not
seem practical in a smaller city, cities must have both to
meet the requirements of the Act.
The Responsible Authority may designate one or more
persons to perform the required duties of this position. In larger cities, the Responsible Authority is
usually the chief administrator. That person in turn might designate a representative in each
department to handle data practices requests for information in those departments. In smaller
cities, the city clerk is often the Responsible Authority and handles all data requests personally.
The Act requires that each Responsible Authority establish procedures to ensure requests are
received and complied with in an appropriate and prompt manner. These procedures must be in
written form. Changes in personnel or circumstances that might impact public access to
government data are to be incorporated by August 1 of each year. A copy of these procedures must
be available to the public free of charge or a copy must be posted in a conspicuous place that is
easily accessible to the public.
Definition
The Responsible Authority is an
individual designated by the city
council to be responsible for
collection, use, and dissemination
of any set of data.
The Compliance Officer is an
individual designated by the
Responsible Authority to handle
questions or issues with data
access.
The Compliance Officer can be the
same person as the Responsible
Authority.
Forms of Data
Government data are more than official city records. For
example, calendars with dates, times and locations of
meetings, as well as notes taken at meetings, are government
data. As government data, this information is subject to
public access under the Act. A calendar that is a mix of
personal and public information creates the need for a city to
separate the public from private before releasing requested
information.
Electronic forms of government data present special
challenges in meeting the requirements of the Act. One such
challenge is the permanency of computer files; when
something is deleted on the screen, it is generally still
recoverable. This is significant in the context of e-mail.
Employees often use e-mail in the same way as verbal
communication not realizing that e-mail leaves a record that
is likely accessible under the Act.
It is important to remember the Act requires that all forms of government data be accessible—this
includes electronic data. This requirement should be considered both when determining how best
to store government data (regardless of its form) and when separating data in response to a request.
Charges for Information
A city cannot charge a fee for inspection of data. The Act requires that government data be kept in
a manner that makes it easily accessible for convenient use. So, no matter how much time and
effort is needed to find and retrieve requested data, a city may not charge a fee if a person only
requests to inspect data. Inspection includes viewing the data, but does not include a city printing
copies of the data unless printing a copy is the only method
by which the data could be inspected.
When a person requests copies or electronic transmittal of
public government data, and the requester is not the subject
of the data, a city may require the requester to pay a fee.
Suggested guidelines for calculating such a fee are provided
below.
Fee Calculation Method I
If 100 or fewer pages of black and white, letter or legal size paper copies are requested, a city may
charge a per-page fee of not more than 25 cents for each page copied (50 cents for a two-sided
copy). A city may charge only the per-page fee and cannot require the requester to pay any other
costs associated with providing the copies. A city is not permitted to divide a single request into
multiple requests for copies of fewer than 100 pages in order to avoid charging a fee based on the
actual cost of providing copies.
Definition
Government data are defined as
all data collected, created,
received, maintained, or
disseminated by a city regardless
of physical form, storage media,
or conditions of use. Besides
paper documents, government
data includes audio and
videotapes, computer disks, e-
mails, and even computer hard
drives. Mental impressions are
not government data.
Something to Think About
Regardless of which method is
used, a city may not charge a fee
for separating public data from
private data.
Fee Calculation Method II
In all other circumstances, including requests to provide
data via facsimile, a city may require the requester to pay
the actual costs of searching for and retrieving the data, and
for making, certifying, compiling, and electronically
transmitting the data or copies of the data. A city may not
charge a minimum fee.
Costs that may be included as long as they are reasonable:
Staff time required to:
o Retrieve documents, or to remove staples or paper clips.
o Sort and label documents, only if necessary to identify the data to be copied.
o Take documents to copier for copying, copy documents.
Note: a city may not assess a fee for labor costs that exceed those of the lowest paid
employee who could complete the task(s) performed.
Materials (paper, copier ink, staples, magnetic tapes, video or audio cassettes, etc.)
Special costs associated with making copies from computerized data.
Mailing costs.
Vehicle costs (directly involved in transporting data to another facility when necessary
to provide copies).
Costs that may not be included:
Staff time required to:
o Separate public from private data.
o Open a data request that was mailed.
o Sort, label, or review data if not necessary to identify the data to be copied.
o Return documents to storage.
o Provide information about the data to the requester (i.e., explain content and
meaning of data).
o Prepare data for mailing, prepare cover letter, fax sheet of invoice for copies.
o Prepare cover letter, fax sheet, or invoice for copies.
o Credit payment and perform other associated accounting functions.
Purchase, rental, maintenance, and/or depreciation of copier.
Normal operating expenses of computer/copier, including electricity used, and machine
wear/tear.
The entire cost of operating a multi-tasked computer for a measured unit of time, when
fulfilling a request for copies was only one of the tasks performed during that unit of
time.
Administrative costs that are not related to copying or records storage.
Sales tax.
Personnel Data
The presumption under the Act regarding personnel data
is the opposite of the general presumption of the Act:
personnel information is presumed to be private data
unless otherwise noted in the Act.
Learn More
Further guidance about this fee
calculation method is on the IPAD
website at: www.ipad.state.mn.us
Definition
Personnel data are information
about an individual collected
because the person has or had an
employment relationship or
applied for a position with the city.
Tennessen Warning
When a city asks a person to provide private data about himself or herself, that person must be
informed of:
The purpose and intended use of the requested data.
Whether he/she may refuse or is legally required to supply the requested data.
Any known consequence of supplying or refusing to supply private or confidential data.
The identity of other persons or entities authorized to receive the data.
Access to Personnel Data in General
Private personnel data can only be accessed by the data subject and by government officials whose
duties reasonably require access. There is no formal definition of “work duties that reasonably
require access” to private personnel data. This determination depends on the facts of each
situation. It is the role of the Responsible Authority to decide if an individual’s work duties
reasonably require access to such data and to establish written procedures that ensure access is
gained only by those entitled.
A common issue occurs, especially in smaller cities, when
a council member requests private personnel data on a city
employee. Facts of the situation at hand must be evaluated
by the Responsible Authority who then decides whether or
not access to the data should be granted. This scenario
may place the Responsible Authority, who is often the city
clerk, in a difficult position when access should be denied
under the Act. It is a good idea to develop a written policy that specifies when council members
can have access to private personnel data.
Access to Personnel Data by Data Subject
A city may limit access by a data subject to all private data (personnel data or other) to once every
six months. The data subject is entitled to more frequent access if additional data are collected or
created or if there is a dispute about data completeness or accuracy. It is up to each city or
Responsible Authority to decide whether they are going to enforce this limitation. If such a
restriction is to be enforced, the practice should be in writing and a city must apply it uniformly
and not selectively.
If a data subject requests access to data about themselves, the Responsible Authority must respond
to the request immediately or within ten business days if immediate compliance is not possible. If
the subject requested the data within the previous six months, it is acceptable to respond by
informing the data subject that the city limits access to private data to once every six months
pursuant to the Act and therefore the data cannot be released at this time.
Complaints and Discipline
The existence and status of any complaint about a city
employee are public. In general, the identity of the
complainant is also public unless the complainant is another
employee.
Highlight
City council members do not have
an automatic right to review private
personnel data.
Highlight
When the complainant is another
employee, any data collected
would be considered personnel
data and, as noted earlier, the
presumption is that personnel
data are private data unless
covered by an exception.
On occasion, a complaint will result in a city taking disciplinary action against an employee. Prior
to what is called a “final disposition” only the existence and status of the complaint are public.
Once a final disposition occurs, then the disciplinary action is public along with specific reasons
for the action and data documenting the basis for the action. It is important to note that if no
disciplinary action is taken, no final disposition occurs. When this happens, only the existence and
status of the complaint are public. When discipline is imposed, the key is determining when the
disposition is final.
For a non-union employee, final disposition occurs when a city makes its final decision about
discipline. For a union employee, if arbitration under a union contract is a possibility, final
disposition occurs at the end of the arbitration proceedings or at the expiration of the time period
during which arbitration may be requested.
Other Issues to Note
While there are probably as many potential data practices issues and questions as there are
Minnesota cities, some issues tend to come up repeatedly. Some of the more common data
practices issues and considerations are noted in the following sections.
Elected Officials
The Act addresses data on applicants for election or appointment separate from personnel data.
However, the Responsible Authority may determine that elected and appointed officials are to be
treated as employees for purposes of applying the Act. In that case, both the personnel data noted
in the Act and the following are considered public data on applicants for election or appointment:
name, city of residence, education and training, employment history, volunteer work, awards and
honors, and prior government service or experience.
Law Enforcement Data
Law enforcement agencies are responsible for a tremendous amount of data. Both because of the
frequency with which law enforcement data are requested and because of the potentially sensitive
nature of the data, it is essential to have a well thought-out policy documenting procedures for
requesting and releasing law enforcement data. The following describes the classification of
commonly requested law enforcement data:
“Request for service data” are collected or created when a member of the public requests law
enforcement services. Request for service data are public data and include data on the nature of the
request or activity complained of, the name and address of the person making the request, the time
and date of the request, and the response initiated by the law enforcement agency.
The audio recording of a 911 call made to request service from a law enforcement, fire, or medical
agency is private data with respect to the individual making the call. However, a written transcript
of the audio tape is public, unless it reveals the identity of an individual who is entitled to privacy.
“Response or incident data” are collected or created by a law enforcement agency documenting the
agency's response to a request for service or describing actions taken by the agency on its own
initiative. Response or incident data are public data and include the date, time, and place of the
action, a factual reconstruction of events associated with
the action, as well as the names and addresses of
witnesses, and the names and addresses of victims.
Investigative data collected or created by law
enforcement to prepare a case are confidential—even the
subject of the data is denied access—while the
investigation is active. Inactive investigative data are
public unless release of the data would jeopardize another
active investigation or would reveal the identity of an
individual who is entitled to privacy. Photos that are part
of an inactive investigation, but are clearly offensive to
common sensibilities are private. However, the existence
of such photos must be disclosed.
Parks and Recreation Data
Data used for the purpose of enrolling individuals in a city’s recreational and other social programs
are private. Specifically, the name, address, telephone number, and other data that identifies an
individual are private. So are any data describing the health, medical condition(s), family
relationships, living arrangements, and/or opinions as to the emotional makeup or behavior of an
individual.
Utility Data
Data about customers of a municipal utility are public with the exception of electric utility data.
If Social Security Numbers are collected in connection with municipal utility service, they must be
edited from data provided to a requester. Electric utility data have an exception that makes them
private data that may be released to law enforcement, a school for the purposes of assembling
pupil census data, and to a public child support authority.
Requests for information on new utility customers should be honored by any municipal utility
other than an electric utility. Data revealing the identity of people delinquent in their utility bills
are also public, again with the exception of electric utility data. It is a city’s responsibility to
ensure that the information being released is accurate. Releasing information that a customer is
delinquent on his/her utility bill when the bill is in fact current could be considered defamatory.
Cities should develop a practice of double-checking the accuracy of information before responding
to such requests.
Property Complaints
The identity of a person making a complaint about a violation of law or ordinance concerning the
use of real property is confidential data. This classification is used to shield the identity of an
individual(s) who complains to a government agency from anyone who might seek retribution
against the complainant. The Commissioner has issued opinions that this part of the Act not only
covers the physical use of property, but noise and odors, too. Complaints against both city property
and private property are included.
Something to Think About
A law enforcement agency is
entitled to withhold otherwise
public information if it determines
that revealing the identity would
threaten an individual's personal
safety. Law enforcement agencies
are required to establish
procedures for making the
determination as to when it is
necessary to protect the identity
of an individual.
The general presumption of the Minnesota Government Data Practices Act, Minn. Stat. ch. 13, is
simple, but meeting the requirements can be difficult. However, following the items described in
this memo can assist you in meeting these requirements.
Tracie Chamberlin 05/10