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Agenda Packets - 2022/07/05
CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Tuesday, July 5, 2022 6:30 p.m. ROLL CALL: Mueller, Hull, Meehlhause, Bergeron, Cermak Council Workshops are informal gatherings of the council at which no final decisions are made, rather consensus discussion to direct staff on council decision items. PUBLIC COMMENT Citizens may speak to issues not on tonight’s agenda. Before speaking, please share your full name and address. Also, please limit your comments to three minutes. AGENDA ITEMS DISCUSSED BY CONSENSUS 1. SBM Update – Interim Chief Retka (No Attachment) 2. Business Licensing – Nyle a. Policy question of licensing restaurants as the County regulates them 3. Data Practices Policy – Rayla a. Review of Policy 4. Ordinance 930 Review - Nyle Closed Session 5. Salary/Wages/Benefits - Labor Negotiations – Mark/Nyle/Rayla NEXT COUNCIL WORK SESSION: Monday, August 1, 2022 at 6:30 pm NEXT COUNCIL MEETING: Monday, July 11, 2022 at 6:30 pm THIS PAGE LEFT BLANK INTENTIONALLY The Mounds View Vision A Thriving Desirable Community Item No: 02 A Meeting Date: July 5, 2022 Type of Business Council Work Session City Administrator Review City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund Item Title/Subject: Business Licenses Introduction: Mounds View licenses a number of businesses, restaurants, garbage, tobacco, etc. As part of some routine work on licenses, K & G suggested we review restaurants as the county regulates them. CLASS A RESTAURANTS Moe’s American Grill R. J. Riches The Mermaid CLASS B RESTAURANTS AMC Mounds View 15 Burger King #4116 Caribou Coffee #1173 Caribou Coffee #1457 dba Caribou Cabin Domino's Pizza #1971 Kusina Little Caesar's #9 Mounds View McDonald's Pink Flower Vietnamese Restaurant Popeye's Subway Restaurant Taco Bell Tony's Sandwich King However, the county also regulates food trucks and garbage (County where business resides) as we do. Discussion: We would still do an annual fire inspection of these and thus, we are on site anyways. It also allows us to make sure businesses are current on everything. Lastly, we maintain a sense of connectivity with the establishment. Fees range from $204 to $560 Policy Question: Do we continue to license? Respectfully Nyle Zikmund 489828v3 DTA MU125-11 City of Mounds View Minnesota Government Data Practices Act Guidelines and Procedures November 2016 Item 3A i 489828v3 DTA 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 6.6 Accessibility of Records ..........................................................................................9 7.0 Temporary Classification .....................................................................................................9 8.0 Denial of Access ................................................................................................................10 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 ...................................................................12 11.0 Data Protection...................................................................................................................12 11.1 Accuracy and Currency of Data .............................................................................12 11.2 Data Safeguards .....................................................................................................12 ii 489828v3 DTA 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 1 489828v3 DTA 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, subdivision 5. 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 489828v3 DTA MU125-11 Individual” is defined by Minnesota Statutes Section 13.02, subdivision 8. “Individual” means a natural person (a living human being). It does not mean any type of entity created by law, such as a corporation. 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. 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 on individuals are not accessible to the data subject and not accessible to the public. Minn. Stat. § 13.02, subd. 13. 3 489828v3 DTA MU125-11 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 489828v3 DTA 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. 5 489828v3 DTA MU125-11 4.1B3 Persons, or another responsible authority, which are authorized access by the federal, state, or local law or court order. 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. 6 489828v3 DTA MU125-11 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 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: 7 489828v3 DTA MU125-11 4.7C1 Whether the individual is of sufficient age and maturity to explain the reasons and understand the consequences; 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 any 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. 8 489828v3 DTA MU125-11 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 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. 9 489828v3 DTA MU125-11 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 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. 6.6 Accessibility of Records. Upon request by an individual, records must be made available within a reasonable time period to persons with disabilities in a manner consistent with state and federal laws prohibiting discrimination against persons with disabilities. Reasonable modifications must be made in any policies, practices and procedures that might otherwise deny equal access to records to individuals with disabilities. This requirement does not apply to (1) technology procured or developed prior to January 1, 2013, unless substantially modified or substantially enhanced after January 1, 2013 or (2) records that cannot be reasonably modified to be accessible without an undue burden as defined in Minnesota Statutes Section 16E.015, subdivision 4 to the public entity or (3) except as otherwise provided in Minnesota Statutes Chapter 16E. 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. 10 489828v3 DTA MU125-11 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; 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 11 489828v3 DTA MU125-11 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. 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. 12 489828v3 DTA MU125-11 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. 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: 13 489828v3 DTA MU125-11 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 489828v3 DTA 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. Exhibit 2 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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) Exhibit 4-2 489828v3 DTA MU125-11 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 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 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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 489828v3 DTA 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 13.02 defines government data as being all data collected, created, received, maintained, or disseminated by the City regardless of its physical form, storage media or conditions of use. 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 489828v3 DTA 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 489828v3 DTA 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, veteran status, 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 Appendix A-2 489828v3 DTA MU125-11 civil litigation are classified as protected nonpublic data pursuant to Minnesota Statutes 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. Appendix A-3 489828v3 DTA MU125-11 Internal Auditing Data CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public GOVERNING STATUTE: Minn. Stat. § 13.392 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, as defined in Minnesota Statutes section 16C.02, subdivision 12, are private or nonpublic until the time and date specified in the solicitation that proposals are due, at which time the name of the responder becomes public. All other data in a responder’s response to a request for proposals are private or nonpublic data until completion of the evaluation process. After a government entity has completed the evaluation process, all remaining data submitted by all responders are public with the exception of trade secret data as defined and classified in Minnesota Statutes Section 13.37. A statement by a responder that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the response. If all responses to a request for proposals are rejected prior to completion of the evaluation process, all data, other than the names of the responders, remain private or nonpublic until a resolicitation of the requests for proposal results in completion of the evaluation process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the evaluation process, the data remain public. If a resolicitation of proposals does not occur within one year of the proposal opening date, 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. Appendix A-4 489828v3 DTA MU125-11 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 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 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(a) Appendix A-5 489828v3 DTA MU125-11 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 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): Private/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 or private data on individuals. Municipal Self-Insurer Claims CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5 Appendix A-6 489828v3 DTA MU125-11 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, 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 6. 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 6 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 (d), 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 Appendix A-7 489828v3 DTA MU125-11 through purchase or condemnation are classified as confidential data on individuals or protected nonpublic data. However, this data becomes public at the discretion of the City Council, determined by majority vote of the City’s governing body. 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 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. However, that data becomes public upon any of the following: (a) five years elapse from the date on which the lease or contract is entered into between the facility and the inquiring party or parties or the event which was the subject of inquiry occurs at the facility, whichever occurs earlier; (b) the event which was the subject of inquiry does not occur; or (c) the event which was the subject of inquiry occurs elsewhere. 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 Appendix A-8 489828v3 DTA MU125-11 GOVERNING STATUTE: Minn. Stat. § 13.585 DESCRIPTION OF DATA: Correspondence between the housing agency and agency’s attorney containing data on individuals 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 not on individuals 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. 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. Appendix A-9 489828v3 DTA MU125-11 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 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. Appendix A-10 489828v3 DTA MU125-11 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. 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 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 Appendix A-11 489828v3 DTA MU125-11 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 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. Appendix A-12 489828v3 DTA MU125-11 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 518B.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. 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. Appendix A-13 489828v3 DTA MU125-11 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. Images and recordings, including photographs, video, and audio records, which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the images and recordings 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. Appendix A-14 489828v3 DTA MU125-11 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. Investigative data that become inactive that consist of a person's financial account number or transaction numbers are private or nonpublic data. The existence of all technology maintained by a law enforcement agency that may be used to electronically capture an audio, video, photographic, or other record of the activities of the general public, or of an individual or group of individuals, for purposes of conducting an investigation, responding to an incident or request for service, monitoring or maintaining public order and safety, or engaging in any other law enforcement function authorized by law is public data. Peace Officer Discipline Procedures CLASSIFICATION(S): Confidential/Private/Public GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(o), 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 Appendix A-15 489828v3 DTA MU125-11 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. 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 are private data, if related to any of the following offenses: solicitation/inducement/promotion of prostitution, sex trafficking, criminal sexual predatory conduct, and criminal sexual conduct in the first, second, third or fourth degrees. 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-16 489828v3 DTA MU125-11 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 Section 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 13.03, 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 28, 2016. Mayor City Administrator THIS PAGE LEFT BLANK INTENTIONALLY ORDINANCE NO. 930 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE REGULATING THE LOCATIONS OF RESIDENCY OF CERTAIN REGISTERED OFFENDERS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: Section 1. The City Council of the City of Mounds View hereby amends Title 600 of the Mounds View City Code to regulate the locations of residency of certain registered offenders within the City. Section 2. The City Council of the City of Mounds View hereby amends Title 600 by adding a new Chapter 612 of the Mounds View City Code to regulate the residency of certain registered offenders within the City as follows: 612.01: FINDINGS OF FACT AND STATEMENT OF PURPOSE: The Mounds View City Council finds the following facts to exist: 1) Individuals who have been required to register as sex offenders pursuant to state law present an extreme threat to the public safety; 2) These offenders are likely to use physical violence and to repeat their offenses; 3) Many of these offenders also commit other crimes; 4) The City has a compelling interest to take action to promote and protect certain areas within the City from the risks to public safety posed by registered offenders; 5) The City's compelling interest is furthered by the creation of a regulatory scheme which establishes areas around locations where children regularly congregate in concentrated numbers; and 6) The purpose of this Chapter is to create such a regulatory scheme to further the City's compelling interest in maintaining public safety by prescribing where registered offenders may reside within the City. 612.02: DEFINITIONS: For the purposes of this article, the following words and phrases shall have the meaning hereinafter ascribed to them: a) "Children"means persons age 16 and younger; b) "Day care center" means a facility licensed by the State of Minnesota in which care, supervision and training for children is provided for part of a 24-hour period; 489525v1 AMB MU125-11 1 c) "Designated offender" means any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, or who is categorized as a Level III sex offender under Minnesota Statutes Section 244.052 or successor statute; d) "Designated sexual offense" means a conviction, adjudication of delinquency, commitment under Minnesota Statutes Chapter 253B, or admission of guilt under oath without adjudication involving any of the following offenses: Minnesota Statutes Sections 609.342, 609.343, 609.344, 609.345, 609.352, 609.365, 617.23, 617.246, 617.247, 617.293, successor statutes, or a similar offense from another state; e) "Park" or "Playground" means any land, including improvements, operated by the city or school district for the use by the general public as a recreational area; f) "Permanent Residence" means a place where the person abides, lodges or resides for 14 or more consecutive days; g) "School" means any public, private or parochial educational institution that offers educational instruction to individuals under the age of 18; and h) "Temporary residence"means a place where the person abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year, and which is not the person's permanent address or a place where the person routinely abides, lodges or resides for a period of four or more consecutive or non-consecutive days in any month, and which is not the person's permanent residence. 612.03: PROHIBITED ACTS: a) No designated offender may establish a permanent or temporary residence within 1,000 feet of any school, licensed day care center, place of worship that provides regular educational programs, parks, or playgrounds. b) Rental of property to designated offenders prohibited. i) It is unlawful to let or rent any place, structure, or part thereof, trailer or other dwelling, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this section, if such place, structure, or part thereof, trailer or other dwelling, is located within a prohibited location zone described in section 612.03(a). ii) If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property,the owner or property manager should take measures to terminate the lease or to evict the offender. 489525v1 AMB MU125-11 2 iii) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the enforcement provisions and procedures as provided in this Section and the City Code. 612.04: MEASUREMENT OF DISTANCE: For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of the applicable prohibited location. The City Administrator shall maintain an official map showing prohibited locations as defined by this section. The City Administrator shall update the map at least annually to reflect any changes in the location of prohibited zones. 612.05: PENALTIES: A person who violates this section may be punished by a fine not exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this section constitutes a separate violation. Additionally, the City may seek a court order to enjoin any person in violation of this section from taking any prohibited action hereunder. 612.06 EXCEPTIONS: A designated offender residing within a prohibited area as described in Section 612.03(a) does not commit a violation of this Chapter if any of the following apply: a) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes Sections 243.166, 243.167, or successor statute,prior to January 22, 2017; b) The school, place of worship, park or day care center within 1,000 feet of the person's permanent residence was designated or opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minnesota Statutes Sections 243.166 or 243.167; c) The residence is a property owned or operated by the Minnesota Department of Corrections or the Federal Bureau of Prisons; or d) The person's conviction for the designated offense was reversed on appeal. Nothing in this provision shall require any person to sell or otherwise dispose of any real property acquired or owned prior to the conviction restricting residency under this section. 489525v1 AMB MU125-11 3 612.07: SEVERABILITY: If any portion of this ordinance, or its application to any circumstances, is held invalid, the remaining provisions shall be considered severable, and shall be given effect to the maximum extent possible. SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On December 12, 2016, the City Council adopted Ordinance 930 by amending Title 600 of the Mounds View City Code to regulate the locations of residency of certain registered offenders within the City. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ci.mounds-view.mn.us. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on November 28, 2016. Second Reading and Adoption by the Mounds View City Council on December 12,2016. Publication Date: December 23,2016. AV oe Flahertt Mayor Attest: vinnte2)Eat,e_Agt, James Ericson City Administrator seal) 489525v1 AMB MU125-11 4 Association for the Treatment of Sexual Abusers Minnesota Chapter www.mnatsa.org Page 1 of 10 Residency Restrictions for Sexual Offenders in Minnesota: False Perceptions for Community Safety By Richard Weinberger, M.S.E., L.P. Sexuality includes our sexual orientation, our preferences, our gender, and our identity. It affects the way we express ourselves and how and with whom we interact. It is because of these realities that sex crimes strike powerfully at our core and elicit such revulsion. This emotional reaction motivates political leaders to create and pass laws that have the intent to protect individuals, especially women and children, from such potentially devastating crimes. Sex offender residency restriction ordinances are one such type of law. They impose artificial distances that individuals convicted of sex crimes or who are on a predatory offender registry must live from a designated location. Nationwide, designated locations include parks, daycares, playgrounds, schools, recreation centers, bus stops or school bus stops, and anyplace where minors congregate; distances range from 500 to 2500 feet. Sometimes, these laws are limited to those individuals deemed most likely to reoffend. Sometimes, they are broad sweeping and affect anyone convicted of a sex crime. The rationale for residency restriction laws is to prevent or lessen the chance of a previously convicted offender from reoffending by increasing distance between the offender and a possible victim. Unfortunately, sometimes what first appears to be a rational safeguard is not only ineffective, but might actually serve to defeat the objective it is intended to achieve. Summary Residency or zone restrictions for individuals with sexual offences have become increasingly popular in recent years, but such restrictions tend to be rooted in fear and anger, rather than informed public policy. “There is no research to support residence restrictions as effective in reducing sexual recidivism.”1 The Minnesota Department of Corrections concluded in one study that, “during the past 16 years, not one sex offender released from a MCF (Minnesota Correctional Facility) has been re - incarcerated for a sex offense in which he made contact with a juvenile victim near a school, park, or daycare center close to his home.”2 Because people typically choose to live close to family, friends, or employment, and establishing social stability for offenders reduces recidivism, residency restrictions may be counterproductive.1 “Research on residency restrictions demonstrate no deterrence effect.”3 Page 2 of 10 On February 13, 2006, the city of Taylors Falls in Chisago County became the first community in Minnesota to implement a sex offender residency restriction ordinance.* Between 2006 and 2015, more than 30 additional Minnesota communities followed suit and implemented sex offender residency restrictions laws (most with similar language to that of Taylors Fall s). The following communities were identified in 2015 as having ordinances that, to some degree, restrict where certain registered sex offenders may live or be in proximity to designated locations. Some restrictions apply to certain (DOC) levels of offenders, or may apply to certain offenders (e.g. victim was a minor). Albertville Askov Birchwood Brainerd Brooklyn Center Chisago City Chisago County Cleveland Cloquet Cohasset Cuyuna Duluth Eagle Lake Elysian Grand Rapids Grasston Kilkenny Lake Crystal Le Center Lindstrom Linwood Township Mahtomedi Mankato Mapleton Minnesota Lake Moose Lake Morristown North Mankato Otsego Pine Island Proctor Rochester Taylors Falls Wyoming (as of December, 2015)* *See addendum for current communities. It would be important to contact local communities for current details of their ordinances. From the 1990’s through the present, individuals who have committed sex crimes have been the subject of countless psychological, sociological, criminal justice and governmental agency studies. Consequently, there is large body of research on these individuals that demonstrates that a number of commonly held beliefs (myths) regarding recidivism are not true. The fact is, current research indicates that: A) Sex offenders, as a group, reoffend much less than other criminal offenders.4 B) 95% of sex offenses are committed by first-time offenders.5 C) 93% of sex crimes are committed by offenders known to the victim, in a place familiar to the vicitm.6 In 2015, the Minnesota Sentencing Guidelines Commission published a report stating that the number of individuals convicted of sexual crimes in 2014 who had “true prior CSC [Criminal Sexual Conduct] offenses was 5%. This means that in 2014, 95% of all sex crimes were committed by first time offenders .7 The report also indicated that a salient offense factor related to stranger on stranger offending was the use of force. Of the 491 adjudicated cases in 2014, 70 offenses were against strangers and were placed in the category of “Provision Force/Other.” Of these 70 offenses, eight were against children. These eight Page 3 of 10 releases represent 1.6% of the 491 people released in 2014. These results contradict the need and efficacy of the Taylors Falls’ ordinance as well as the ordinances in the other communities who followed suit. In April 2007, the Minnesota Department of Corrections released a study entitled: Residential Proximity & Sex Offense Recidivism.8 The study examined “the potential deterrent effect of residency restrictions by analyzing the sexual reoffense patterns of the 224 recidivists released between 1990 and 2002 who were re-incarcerated for a sex crime prior to 2006” (p. 1). The 244 recidivists represented 7% of the 3,166 offenders who were actually released during this period. This means that 93% did not commit any new sexual crimes. The study concluded: “Of the few offenders who directly contacted a juvenile victim within close proximity of their residence, none did so near a school, park, playground or other location where children are normally present. Thus, not one of the 224 offenses would likely have been affected by residency restrictions” (p. 24). Moreover, of the 7% who reoffended, 79% victimized someone they knew. Consequently, the study also stated, “The results clearly indicated that what matters with respect to sexual recidivism is not residential proximity, but rather social or relationship proximity…more than half (N = 113) of the 224 cases were “collateral contact” offenses in that they involved offenders who gained access to their victims through another person, typically an adult. For example, one of the most common victim-offender relationships found in this study was that of a male offender developing a romantic relationship with a woman who has children.” Similarly, Zandbergen, Levenson, and Hart (2010)9 examined a sample of 330 sex offenders in Florida. They compared recidivists and non-recidivists who lived close to schools or daycare centers. They found that those who lived within 1,000, 1,500, or 2,500 feet of schools or daycare centers did not reoffend more frequently than those who lived farther away. On June 21, 2013, The Kansas Department of Corrections published a report entitled: Sex Offender Housing Restrictions.10 The report lists 20 findings of research from reviewing implementation of housing restrictions for sex offenders in multiple states. Briefly, findings include: 1) research demonstrates that there is no correlation between residency restrictions and sex offenses against children; 2) residency restrictions have a damaging effect on the offender registry; 3) the lack of protective efficacy does not justify the cost of enforcement, and 4) the number of offenders unaccounted for doubled after the law went into effect. Current research indicates that communities in Minnesota and throughout the country are spending money and diverting human resources to create and enforce laws that are not only ineffective, but may result in serious unintended negative consequences. To enhance the safety of our children and all community members, evidenced-based and effective laws need to be promulgated. For this to occur, “a research-based understanding of individuals who commit sex crimes must be accepted. In part, this Page 4 of 10 means accepting that sex offenders are a heterogeneous population and that many of them do not pose a grave risk to the public.”11 Between 2011 and 2015, residency restrictions were struck down by courts in Pennsylvania, New York, Massachusetts, and California.12 Conclusion ATSA does not support the use of residence restriction laws as a sex offender management strategy.1 There is no research to support the effectiveness of residence restrictions in reducing sexual offense recidivism, and these types of policies often have the unintended consequences that may compromise, rather than promote, public safety.1 * In part, the Taylors Falls, Minnesota residency ordinance reads as follows: “The Taylors Falls Code of Ordinances, Chapter 5, Nuisances and Offenses, shall be amended by adding Section 540, Sexual Offenders and Sexual Predators (italicization added for further discussion) : 540.001 Findings and intent. Subd. 1 Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. Subd. 2 It is the intent of this article to serve the City's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. 540.003 Sexual offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. Subd. 1 Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence: a) within 2,000 feet of any school, licensed day care center, park, or playground; or b) within 1,000 feet of any designated public school bus stop, place of worship which provides regular educational programs (i.e. Sunday school), or other places where children are known to congregate. Subd. 2 Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Page 5 of 10 Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph.” Notes - References - Bibliography 1) Sexual Offender Residence Restrictions, ATSA Policy Statement, August 2014. Retrieved 2/12/2016. http://www.atsa.com/pdfs/Policy/2014SOResidenceRestrictions.pdf 2) Duwe, G., Donnay, W. & Tewksbury, R. (2008) Does Residential Proximity Matter? A Geographic Analysis of Sex Offense Recidivism, Criminal Justice and Behavior, vol. 35 no. 484-504. Retrieved 2/12/2016. http://ibis.geog.ubc.ca/courses/geob479/classof10/aykwok/files/Duwe%20Donnay%20Tewksbury.pdf 3) Review of Policies Relating to the Release and Housing of Sex Offenders in the Community , State of Washington Sex Offender Policy Board, Office of Financial Management. December, 2014. Retrieved 2/12/2016. http://www.ofm.wa.gov/sgc/sopb/meetings/board/2014/20141210/housing_workgroup_leg_report_draft_20141 201.pdf 4) U.S. Department of Justice, Bureau of Justice Statistics, Recidivism of Sex Offenders Released from Prison in 1994 (2002) (after three years, 5.3% of sex offenders were rearrested for a new sex crime and 3.5% were convicted of a new sex crime); Comprehensive Recidivism Study, Massachusetts Sentencing Commission, June 1, 2002, pg. 38 (“Of the major offense categories, recidivism rates were lowest for sex offenders (20.8%) and highest for property offenders (56.5%)”); Hanson, K.R.; Bussière, M.T., Predicting relapse: A meta-analysis of sexual offender recidivism studies, Journal of Consulting and Clinical Psychology, 66(2), Apr, 348-362,(1998)(13.4% sexual recidivism for all offenders in meta-analysis of 61 studies and 23,400 offenders); Hanson, K.R.; Morton-Bourgon, K., The Characteristics of Persistent Sexual Offenders: A Meta-Analysis of Recidivism Studies, Journal of Consulting and Clinical Psychology, 73(6), 1154-1163 (Dec 2005)(13.7% sexual recidivism in meta-analysis of 95 studies with over 31,000 sexual offenders over five year follow-up period). 5) Fact Sheet: What you need to know about Sex Offenders, Center for Sex Offender Management, December 2008 (estimating about 12-24% of all offenses are repeat offenders); A Better Path to Community Safety, California Sex Offender Management Board, (about 95% of all offenses are first time offenders); 6) Bureau of Justice Statistics (2000): Approximately 93% of all sex crimes are perpetrated by offenders known to the victim prior to the offense. The majority of sexually abused children are vict imized by someone well know to them and approximately 60% of offenses take place in the victim’s home or the home of someone the victim knows Bureau of Justice statistics (1997). 7) Minnesota Sentencing Guidelines Commission: Sentencing Practices – Criminal Sexual Conduct Offenses Sentenced in 2014 (Published December, 2015). 8) Minnesota Department of Corrections released a study entitled: Residential Proximity & Sex Offense Recidivism. (2007). http://www.csom.org/pubs/MN%20Residence%20Restrictions_04-07SexOffenderReport- Proximity%20MN.pdf 9) Zandbergen, P. A., Levenson, J. A., & Hart, T. C. (2010) Residential Proximity to Schools and Daycares: An Empirical Analysis of Sex Offense Recidivism. Criminal Justice and Behavior, 37, 482. Retrieved 2/12/2016. Page 6 of 10 http://themediareport.com/wp-content/uploads/2013/11/Residential-Proximity-to-Schools-and-Daycare-study- 2010.pdf Abstract: “Residential restrictions for sex offenders have become increasingly popular, despite the lack of empirical data suggesting that offenders’ proximity to schools or daycares contributes to recidivism. Using a matched sample of recidivists and non-recidivists from Florida (n = 330) for the period from 2004 through 2006, the authors investigated whether sex offenders who lived closer to schools or daycares were more likely to reoffend sexually against children than those who lived farther away. No significant differences were found between the distances that recidivists and non-recidivists lived from schools and daycares. There was no significant relationship between reoffending and proximity to schools or daycares. The results indicate that proximity to schools and daycares, with other risk factors being comparable, does not appear to contribute to sexual recidivism. These data do not support the widespread enactment of residential restrictions for sexual offenders.” 10) Sex Offender Housing Restrictions, (2013) The Kansas Department of Corrections. Retrieved 2/12/2016. http://www.doc.ks.gov/publications/CFS/sex-offender-housing-restrictions. A. “Housing restrictions appear to be based largely on three myths that are repeatedly propagated by the media: 1) all sex offenders reoffend; 2) treatment does not work; and 3) the concept of “stranger danger.” Research does not support these myths, but there is research to suggest that such policies may ultimately be counterproductive. Sex offender residence restrictions. A Report to the Florida Legislature, October 2005, Jill S. Levinson, Ph.D. B. Research shows that there is no correlation between residency restrictions and reducing sex offenses against children or improving the safety of children. Iowa County Attorneys Association C. The resulting damage to the reliability of the sex offender registry does not serve the interests of public safety. Iowa County Attorneys Association D. There is no demonstrated protective effect of the residency requirement that justifies the huge draining of scarce law enforcement resources in the effort to enforce the restriction. Iowa County Attorneys Association E. Many prosecutors have observed that the numerous negative consequences of the lifetime residency restriction has caused a reduction in the number of confessions made by offenders in cases where defendants usually confess after disclosure of the offense by the child. In addition, there are more refusals by defendants charged with sex offenses to enter plea agreements. Plea agreements are necessary in many cases involving child victims in order to protect the children from trauma of the trial process. Iowa County Attorneys Association F. Recommendation 1: Shared Living Arrangements appear to be a frequently successful mode of containment and treatment for higher risk sex offenders and should be considered a viable living situation for higher risk sex offenders in the community…. Recommendation 2: Placing restrictions on the location of correctionally supervised sex offender residences may not deter the sex offender from re-offending and should not be considered as a method to control sexual offending recidivism. Report on Safety Issues Raised by Living Arrangements for and Location of Sex Offenders in the Community; Colorado Department of Public Safety, Division of Criminal justice, Sex Offender Management Board G. ....the number of sex offenders who are unaccounted for has doubled since the law went into effect. Iowa Coalition Against Sexual Assault Page 7 of 10 H. There is no accommodation in the current statute for persons on parole or probation supervision. These offenders are already monitored and their living arrangements approved. Iowa County Attorneys Association I. [This policy] is contrary to well-established principles of treatment and rehabilitation of sex offenders….These goals are severely impaired by the residency restriction, compromising the safety of children by obstructing the use of the best known corrections practice. Iowa County Attorneys Association J. The sex offender residency restriction was a very well intentioned effort to keep the children of our communities safe from sex offenders. It has, however, had unintended consequences that effectively decrease community safety. Iowa Coalition Against Sexual Assault K. ….some offenders are attempting to comply by providing descriptions of where they are actually living….”under the 7th street bridge,” “truck near river,” “rest area mile marker 149,” “Flying J, in truck,” “in tent, S side of I-80,” “RV in old K-Mart parking lot,” “I-35 rest area,”….Two listed Quick Trips…. For the first time, sex offender treatment providers tell us, sex offenders are absconding in larger numbers. Iowa Coalition Against Sexual Assault L. When a brutal sexually violent crime occurs, such as the one that occurred in Iowa last year, our societal tendency is to focus all our resources and energy on stopping offenders. The long-term solutions to eradicating sexual violence from our society, however, do not lie in measures taken to stop re-offense, but rather in preventing sexual violence from happening in the first place. Iowa Coalition Against Sexual Assault M. … the Board of the Iowa Coalition Against Sexual Assault joined the Iowa County Attorneys Association in stating that these unintended consequences warrant replacing the residency restriction with more effective measures. Iowa Coalition Against Sexual Assault N. Housing restrictions have passed in most localities with little resistance. Child safety is rightly the primary concern when sex offender restrictions are imposed. It seems to make sense that decreasing access to potential victims would be a feasible strategy to preventing sex crimes. There is no evidence, however, that such laws are effective in reducing recidivistic sexual violence. On the other hand, such laws aggravate the scarcity of housing options for sex offenders, forcing them out of metropolitan areas and farther away from the social support, employment opportunities and social services that are known to aid offenders in successful community re-entry. Sex offender residence restrictions. A Report to the Florida Legislature, October 2005, Jill S. Levinson, Ph.D. O. Despite overwhelming public and political support, there is no evidence that proximity to schools increases recidivism, or, conversely, that housing restrictions reduce reoffending or increase community safety. Sex offender residence restrictions. A Report to the Florida Legislature, October 2005, Jill S. Levinson, Ph.D. P. Based on the examination of level three re-offenders, there were no examples that residential proximity to a park or school was a contributing factor in any of the sexual re-offenses noted… Enhanced safety due to proximity restrictions may be a comfort factor for the general public, but it does not have any basis in fact…it appears that a sex offender attracted to such locations for purposes of committing a crime is more likely to travel to another neighborhood on order to in secret rather than in a neighborhood where his or her picture is well known. Level Three Sex Offenders Residential Placement Issues, 2003 Report to the Legislature, Minnesota Department of Corrections Q. Having such restrictions in the cities of Minneapolis and St. Paul would likely force level three offenders to move to more rural areas that would not contain nearby schools and parks but would pose other problems, such as high concentration of offenders with no ties to the community; isolation; lack of work, education and treatment options; and an increase in the distance traveled Page 8 of 10 by agents who supervise offenders. Again, no evidence points to any effect on offense rates of school proximity residential restrictions. Level Three Sex Offenders Residential Placement Issues, 2003 Report to the Legislature, Minnesota Department of Corrections R. Since blanket proximity restrictions on residential locations of level three offenders do not enhance community safety, the current offender-by-offender restrictions should be retained. Proximity restrictions, based on circumstances on an individual offender, serve as a valuable supervision tool… Most of these supervision proximity restrictions address the issue of the offender associating or interacting with children or minors, rather than where the offender resides. Level Three Sex Offenders Residential Placement Issues, 2003 Report to the Legislature, Minnesota Department of Corrections S. A significant number of offenders have married or have been reunited with their victims; and, in those cases, the residency restriction is imposed on the victims as well as the offenders. Iowa County Attorneys Association… T. A tight web of supervision, treatment and surveillance may be more important in maintaining community safety than where a sex offender resides. Report on Safety Issues Raised by Living Arrangements for and Location of Sex Offenders in the Community; Colorado Department of Public Safety, Division of Criminal justice, Sex Offender Management Board.” 11) Tennen, E. (2014) Risky Policies: How Effective Are Restrictions on Sex Offenders in Reducing Reoffending? Boston Bar Journal, 58, 4, http://bostonbarjournal.com/?s=tennen%2C+e 12) http://texasvoices.org/wordpress/wp-content/uploads/2016/01/Residency_Restrictions_Packet1.pdf Rick Weinberger is a licensed psychologist, a Clinical Member of ATSA, and at the time of this writing, the Inpatient Clinical Director at Alpha Human Services, www.alphaservices.org. Much appreciation to the Minnesota Sex Offender and Reentry Project (MNSORP) for their help in writing this paper. www.mnsorp.org Accepted by the MnATSA Education & Public Policy Committee, approved by the MnATSA Board of Directors, © MnATSA – March, 2016 Revised Addendum: April 2017 • February 2019 ATSA is an international, non-profit, interdisciplinary organization, with nearly 3,000 clinicians, scientists, and allied professional members. ATSA is dedicated to the prevention of sexual abuse through the advancement of research, professional knowledge, best practices, and support for public education. MnATSA is the state chapter of ATSA. This is one in a series of educational papers written by MnATSA colleagues to provide research, facts, and information to help educate the public and inform policymakers. Jon Brandt, MSW, LICSW - Editor www.atsa.com www.mnatsa.org Page 9 of 10 Addendum, April 2017 The following Minnesota communities have been identified as having residency or zone restrictions for certain classifications of registrants, as of April 2017 1. Albertville 2. Andover 3. Anoka 4. Askov 5. Battle Lake 6. Birchwood 7. Big Lake 8. Blomkest 9. Brainerd 10. Brooklyn Center 11. Chisago City 12. Chisago County 13. Cleveland 14. Cloquet 15. Cohasset 16. Columbia Heights 17. Coon Rapids 18. Courtland 19. Cuyuna 20. Dayton 21. Deephaven 22. Duluth 23. Eagle Lake 24. Elizabeth 25. Elysian 26. Excelsior 27. Fergus Falls 28. Finlayson 29. Grand Rapids 30. Grasston 31. Greenwood 32. Hilltop 33. Inver Grove Heights 34. Kilkenny 35. Lake Crystal 36. Lauderdale 37. Le Center 38. Le Sueur County 39. Lindstrom 40. Linwood Township 41. Mahtomedi 42. Mankato 43. Mapleton 44. Minnesota Lake 45. Moose Lake 46. Morristown 47. Mounds View 48. North Branch 49. North Mankato 50. Orono 51. Otsego 52. Pine Island 53. Proctor 54. Rochester 55. Rush City 56. Sandstone 57. Shorewood 58. St. Francis 59. South St. Paul 60. Stewartville 61. Taylors Falls 62. Tonka Bay 63. Watertown 64. West St. Paul 65. Willmar 66. Wyoming Local ordinances across Minnesota are not consistent with regard to the scope of residency or zone restrictions. Readers are advised to review local ordinances and consult with specific municipalities to understand the applicability to individual registrants. Version: April 2017 Page 10 of 10 Addendum – February 2019 The following Minnesota communities have been identified as having residency or zone restrictions for certain classifications of registrants, as of February 2019 1. Ada 2. Albertville 3. Andover 4. Anoka 5. Apple Valley 6. Askov 7. Audubon 8. Benson 9. Battle Lake 10. Big Lake 11. Birchwood 12. Blomkest 13. Brainerd 14. Brooklyn Center 15. Chisago City 16. Chisago County 17. Clear Lake 18. Cleveland 19. Cloquet 20. Cohasset 21. Columbia Heights 22. Coon Rapids 23. Corcoran 24. Cosmos 25. Courtland (?) 26. Cuyuna 27. Dayton 28. Deephaven 29. Detroit Lakes 30. Duluth 31. Eagle Lake 32. Elizabeth 33. Elysian 34. Excelsior 35. Farmington 36. Fergus Falls 37. Finlayson 38. Grand Rapids 39. Grasston 40. Greenwood 41. Hastings 42. Hillman 43. Hilltop 44. Independence 45. Inver Grove Hts. 46. Kilkenny 47. Lake Crystal 48. Lauderdale 49. Le Center 50. Le Sueur 51. Le Sueur County 52. Lindstrom 53. Linwood Twnshp. 54. Little Canada 55. Lonsdale 56. Mahtomedi 57. Mankato 58. Maple Grove 59. Maple Plain 60. Mapleton 61. Mendota Hts. 62. Minnesota Lake 63. Moose Lake 64. Morristown 65. Mounds View 66. New Prague 67. Newport 68. North Branch 69. North Mankato 70. Orono 71. Otsego 72. Pelican Rapids 73. Pine Island 74. Proctor 75. Ramsey 76. Rochester 77. Rosemount 78. Rush City 79. Sandstone 80. Shorewood 81. St. Francis 82. St. Michael 83. South St. Paul 84. Stewartville (?) 85. Taylors Falls 86. Tonka Bay 87. Vadnais Hts. 88. Wabasha 89. Watertown 90. West St. Paul 91. Willmar 92. Wyoming Local ordinances across Minnesota are not consistent with regard to the scope of residency or zone restrictions. Readers are advised to review local ordinances and consult with specific municipalities to understand the applicability to individual registrants. There may be other communit ies in Minnesota, not on this list, that have enacted local ordinances. Version: February 2019 Minnesota Predatory Offender Registry v1.10 (June 15, 2022) Who is Required to Register? Pursuant to M.S. § 243.166, Subd. 1b, any person charged with, petitioned for, or Court Martialed for a violation of, or attempt to violate, or aiding, abetting or conspiracy to commit any of the following crimes and convicted of, or adjudicated delinquent for that offense or for an offense arising out of the same set of circumstances is required to register. **Same set of circumstance applies to federal and out of state offenders who commit their offense on or after 8/1/2014, prior to this date registration is based on conviction only.** LIST #1 STATUTE First Degree Murder 609.185 (a)(2) Kidnapping 609.25 Criminal Sexual Conduct in the First Degree 609.342 Criminal Sexual Conduct in the Second Degree 609.343 Criminal Sexual Conduct in the Third Degree 609.344 Criminal Sexual Conduct in the Fourth Degree 609.345 Criminal Sexual Conduct in the Fifth Degree 609.3451 Subd. 3(b) only Criminal Sexual Predatory Conduct 609.3453 Indecent Exposure 617.23 Subd. 3 only False Imprisonment 609.255 Subd. 2 only Solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor 609.322 Subd. 1(a)(1) only (committed before 8/1/14) Subd. 1(a) (1), (2), (4) (committed on or after 8/1/14) Prostitution offense involving a minor under the age of 14 years 609.324 Subd. 1 (committed before 8/1/14) Subd. 1(a) (1), (2), (3) (committed on or after 8/1/14) Soliciting a minor to engage in sexual conduct 609.352 Subd. 2 or Subd. 2a (1) Using a minor in a sexual performance 617.246 Possession of pictorial representations of minors 617.247 Predatory Crime and sentenced as a Patterned Sex Offender 609.3455 Subd. 3a, 3a(a), 3a(b) only Criminal Abuse (committed on or after 8/1/2011 only) 609.2325 Subd. 1(b) only Surreptitious Intrusion 609.746 Subd. 1(f) (committed on or after 8/1/19) Minnesota Predatory Offender Registry v1.10 (June 15, 2022) LIST #1 STATUTE Comparable violations of the Uniform Code of Military Justice Comparable Federal Offenses Comparable Offenses from other states Civil Commitments 253B.185 or 526.10 (or a similar law in another state) Not guilty by reason of mental illness + commitment 253B.18 (or a similar law in another state) Guilty, but mentally ill + commitment 253B.18 (or a similar law in another state) Who is Required to Register Under the Crimes Against the Person Statute? Pursuant to M.S. § 243.167, anyone previously convicted of or adjudicated delinquent for an offense listed on List #1, but who was not required to register at the time of conviction or release from imprisonment because the registration law did not apply to them at that time, is required to register if they commit a “Crime Against the Person” on or after July 1, 2000, and are convicted of an offense listed below (List #2). This section also applies to offenders who were previously registered, but whose registration period has expired, if the offender commits a “Crime Against the Person” after July 1, 2000. Conviction from list #1 + Conviction from list #2 = Required to register Finished initial registration period + Conviction from list #2 = Required to register again LIST #2 STATUTE Unlawful Possession of a Firearm 609.165 Murder in the First Degree 609.185 Murder in the Second Degree 609.19 Murder in the Third Degree 609.195 Manslaughter in the First Degree 609.20 Manslaughter in the Second Degree 609.205 Assault in the First Degree 609.221 Assault in the Second Degree 609.222 Minnesota Predatory Offender Registry v1.10 (June 15, 2022) LIST #2 STATUTE Assault in the Third Degree 609.223 Assault in the Fourth Degree (committed on or after 8/1/2005 only) 609.2231 Assault in the Fifth Degree 609.224 Subd. 2 or 4 only Domestic Assault 609.2242 Subd. 2 or 4 only Domestic Assault by Strangulation (committed on or after 8/1/2005 only) 609.2247 Use of Drugs to Injure or Facilitate a Crime 609.235 Aggravated Robbery 609.245 Subd. 1 only Kidnapping 609.25 False Imprisonment 609.255 Criminal Sexual Conduct in the Fifth Degree 609.3451 Subd. 2 only Tampering With a Witness 609.498 Subd. 1 only Burglary in the First Degree 609.582 Subd. 1 only Indecent Exposure 617.23 Subd. 2 only Crime Committed for Benefit of a Gang 609.229 Felony level only Malicious Punishment of a Child 609.377 Felony level only Harassment; Stalking 609.749 Felony level only Unlawful possession of a pistol or semiautomatic military-style assault weapon 624.713 Felony level only