HomeMy WebLinkAboutAgenda Packets - 2026/06/22CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, June 22, 2026
6:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Lindstrom, Gunn, Meehlhause, Clark, Smith
4. APPROVAL OF AGENDA
5. CONSENT AGENDA
A. Approval of Minutes: June 8, 2026
B. Just and Correct Claims
C. Resolution 10265, Approving a Contract with MuniReg LLC to Assist
with City Vacant Building Registration Program
D. Resolution 10266, Adopting the Minnesota Government Data Practices
Act Policy and Designating the Responsible Authority and Compliance
Official
E. Resolution 10267, Authorize an Internal Recruitment Process for
Sergeant
F. Resolution 10270, Approving the Status Change of Jonelle Henry from
Part-Time to Regular Full-Time Effective June 8, 2026, and begin
benefits July 1, 2026
6. SPECIAL ORDER OF BUSINESS
A. Twin City Gateway – Al Stauffacher
7. PUBLIC COMMENT
Citizens may speak to issues not on tonight’s agenda. Before speaking, please
give your name and address for the minutes. Also, please limit your comments
to three minutes. As a reminder, public comment is for addressing the Council
only. Comments or concerns regarding Staff must be submitted in writing to
the Mayor or City Administrator. Failure to respect these guidelines will result
in me asking you to cease commenting and asking you to return to your seat.
That said, is there anyone here for public comment?
8.COUNCIL BUSINESS
A.Municipal Cannabis Agreements, Documents will be distributed at meeting
a.Management Services Agreement
b.Consulting Services Agreement
c.Financial Services Agreement
B.Resolution 10268, Acceptance of the General Obligation Bond Proceeds,
Grant Agreement for the 2023 Sanitary Sewer System Improvement
Project: Handout at Meeting
C.Resolution 10269, Approve Professional Service Agreement with AE2S for
assistance with the America’s Water Infrastructure Act and Recertification
of the Risk and Resiliency Plan: Handout at Meeting
9.REPORTS
A.Reports of Mayor and Council
B.Reports of Staff
C.Reports of City Attorney
10.NEXT COUNCIL WORK SESSION: Monday, June 29, 2026 at 6:00 pm
NEXT COUNCIL MEETING: Monday, July 13, 2026 at 6:00 pm
11.ADJOURNMENT
1
2
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 3
CITY OF MOUNDS VIEW 4
RAMSEY COUNTY, MINNESOTA 5
6
Regular Meeting 7
June 8, 2026 8
Mounds View City Hall 9
2401 Mounds View Boulevard, Mounds View, MN 55112 10
6:00 P.M. 11
12
13
1. MEETING IS CALLED TO ORDER 14
15
2. PLEDGE OF ALLEGIANCE 16
17
3. ROLL CALL: Clark, Gunn, Lindstrom, Meehlhause and Smith 18
19
NOT PRESENT: None. 20
21
4. APPROVAL OF AGENDA 22
A. Monday, June 8, 2026, City Council Agenda. 23
24
MOTION/SECOND: Meehlhause/Gunn. To Approve the Monday, June 8, 2026, agenda as 25
presented. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
5. CONSENT AGENDA 30
31
Council Member Smith asked to remove Item 5C. 32
33
Council Member Smith asked to remove Item 5D. 34
35
Council Member Smith asked to remove Item 5F. 36
37
Council Member Clark asked to remove Item 5A. 38
39
A. Approval of Minutes: May 26, 2026. 40
B. Just and Correct Claims. 41
C. Resolution 10264, Approving Status Change of Full Time to Part Time for 42
Gayle Bauman. 43
D. Resolution 10258, Authorizing Separation Compensation for Police Officer 44
Riley Solz. 45
Mounds View City Council June 6, 2026
Regular Meeting Page 2
E. Resolution 10259, Approving the Hire of Terran Pantelis to position of Police 1
Officer. 2
F. Resolution 10261, Approving the Hire of Jessica Hilmanowski to position of 3
Receptionist. 4
G. Resolution 10262, Authorizing a Police Community Service Officer (CSO) 5
Recruitment Process. 6
7
MOTION/SECOND: Meehlhause/Clark. To Approve the Consent Agenda as amended removing 8
Items 5A, 5C, 5D and 5F. 9
10
Mayor Lindstrom welcomed Terran Pantelis to the Mounds View Police Department. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
A. Approval of Minutes: May 26, 2026. 15
16
Council Member Clark requested a change to the minutes on Page 4, Line 12, noting her comment 17
should read: survey timing and if the City could wait on the survey agreement until after receiving 18
the results. 19
20
Council Member Clark requested a change to the minutes on Page 5, Line 14 noting this statement 21
should be amended to read Council Member Clark explained. 22
23
MOTION/SECOND: Clark/Smith. To Approve the Minutes from May 26, 2026 as amended. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
C. Resolution 10264, Approving Status Change of Full Time to Part Time for Gayle 28
Bauman. 29
30
Council Member Smith offered her heartfelt thanks for serving as the City’s Finance Director, 31
noting she would be dearly missed. 32
33
MOTION/SECOND: Smith/Clark. To Waive the Reading and Adopt Resolution 10264, 34
Approving Status Change of Full Time to Part Time for Gayle Bauman. 35
36
Mayor Lindstrom thanked Finance Director Bauman for her dedicated service to the City of 37
Mounds View and wished her all the best in her retirement. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
D. Resolution 10258, Authorizing Separation Compensation for Police Officer Riley 42
Solz. 43
44
Council Member Gunn thanked Officer Solz for his 11 years of dedicated service to the Mounds 45
View Police Department. 46
Mounds View City Council June 6, 2026
Regular Meeting Page 3
1
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 10258, 2
Authorizing Separation Compensation for Police Officer Riley Solz. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
F. Resolution 10261, Approving the Hire of Jessica Hilmanowski to position of 7
Receptionist. 8
9
Council Member Smith welcomed Jessica Hilmanowski to the City of Mounds View. 10
11
MOTION/SECOND: Smith/Clark. To Waive the Reading and Adopt Resolution 10261, 12
Approving the Hire of Jessica Hilmanowski to position of Receptionist. 13
14
Ayes – 5 Nays – 0 Motion carried. 15
16
6. SPECIAL ORDER OF BUSINESS 17
A. Citizen of the Year 2025, Resolution 10260 – Gerald Arel. 18
19
Mayor Lindstrom read a Resolution in full for the record and presented the Citizen of the Year 20
Award for 2025 to Gerald Arel. A round of applause was offered by all in attendance. 21
22
Gerald Arel thanked the City for this recognition. He explained he joined the Park and Rec 23
Commission 20 years ago after another member had to step down for health reasons. He stated he 24
began as a quiet member of the Commission and has grown into the Chair position. He discussed 25
the work he did on the Tribute Park and Park Master Plan. He commented further on how he has 26
been committed to having meetings on Thursday nights for many years. He stated he has greatly 27
enjoyed serving this community and thanked the City Council for this recognition. 28
29
MOTION/SECOND: Meehlhause/Gunn. To Adopt Resolution 10260, Awarding the 2025 30
Citizen of the Year to Gerald Arel. 31
32
Council Member Meehlhause stated this was a great tradition the City started in 2002. He thanked 33
Mr. Arel for his tremendous service to the City of Mounds View stating it was a great honor to 34
recognize him as the Citizen of the Year. 35
36
Mayor Lindstrom indicated it was very clear Mr. Arel should be the Citizen of the Year for 2025. 37
He thanked Mr. Arel for his countless hours of service to Mounds View. 38
39
ROLL CALL: Clark/Gunn/Meehlhause/Smith/Lindstrom. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
B. Coach of the Year 2025, Resolution 10263 - Joseph Nguyen 44
45
Mounds View City Council June 6, 2026
Regular Meeting Page 4
Park and Rec Chair Gerald Arel read a Resolution in full for the record and presented the Coach 1
of the Year Award for 2025 to Joseph Nguyen. A round of applause was offered by all in 2
attendance. 3
4
Joseph Nguyen thanked the City Council for this recognition. 5
6
MOTION/SECOND: Gunn/Meehlhause. To Adopt Resolution 10263, Awarding the 2025 Coach 7
of the Year to Joseph Nguyen. 8
9
Council Member Meehlhause stated this was a great tradition for the City and congratulated Joseph 10
Nguyen for his dedicated service to the community. 11
12
Council Member Clark and Council Member Smith thanked Mr. Nguyen for his service to the 13
community. 14
15
Mayor Lindstrom thanked Mr. Nguyen for making a difference in the lives of the children in the 16
community. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
C. Human Rights/Dignity Proclamation 21
22
Mayor Lindstrom read a proclamation in full for the record recognizing Human Rights/Dignity 23
and affirmed the City’s commitment to treat others with respect and empathy. 24
25
Council Member Clark thanked the City Council for bringing this proclamation forward. 26
27
D. Annual SWPPP Presentation (Don Peterson). 28
29
Stormwater Technician Emma Maki provided the Council with the annual SWPPP presentation. 30
She discussed the status of compliance with MS4 permit conditions, noted the BMP activities and 31
progress, commented on general stormwater issues, future implementation plans and described 32
how the City was complying with MS4 permit requirements. She explained in 2020 the City 33
became the local governing unit (LGU) which meant the City entered into a Memorandum of 34
Understanding with the Rice Creek Watershed District for the City to administer the rules, 35
including permit review, inspections and enforcement. She reported that the City had 451 36
infiltration basins, 36 stormwater ponds and two active projects. The manners in which the City 37
was implementing the six minimum control measures was further discussed with the Council. She 38
described how clean water starts with the residents of Mounds View and encouraged residents to 39
pick up pet waste, reduce fertilizer use, plant native plants and sweep litter and debris from the 40
streets. She commented on the new MS4 permit requirements noting this permit should be 41
approved in the fall of 2026. The Silver View Park plans were discussed along with the plans for 42
Edgewood Ponds. She commented on the grant the City received to assist with urban forestry 43
management and Judicial Ditch 5 restoration. Current and upcoming City stormwater projects were 44
further reviewed with the Council, and she asked for comments or questions. 45
46
Mounds View City Council June 6, 2026
Regular Meeting Page 5
Public Works/Parks and Recreation Director Peterson explained the SWPPP presentation was an 1
annual requirement from the Pollution Control Agency. 2
3
Sharon Kirscher, 8406 Red Oak Drive, thanked staff for the detailed presentation on the SWPPP. 4
She questioned how often the City looks at manholes on private property. Public Works/Parks and 5
Recreation Director Peterson explained these were not inspected often. 6
7
Ms. Kirscher inquired if the City was able to separate the salt and sand that was collected by the 8
street sweepers. Public Works/Parks and Recreation Director Peterson reported the leaves 9
collected were brought to the yard waste and the solid waste was brought to a landfill. 10
11
Council Member Clark thanked the City for organizing park clean up events in April. 12
13
Mayor Lindstrom thanked Stormwater Technician Maki for her dedicated service to the City. He 14
asked if the Edgewood Pond was owned by the Met Council. Stormwater Technician Maki 15
explained this pond was owned by the City. 16
17
Further discussion ensued regarding the restoration of Spring Lake, and it was noted the DNR 18
would not be dredging this lake. 19
20
Council Member Gunn was pleased the students at Edgewood would be assisting in the restoration 21
work of the Edgewood Stormwater Pond. 22
23
7. PUBLIC COMMENT 24
25
Mayor Lindstrom encouraged the public to speak with kindness and respect when addressing the 26
City Council during Public Comment. There were no comments from the public. 27
28
8. COUNCIL BUSINESS 29
A. PUBLIC HEARING: Resolution 10257, Authorizing the Issuance, Sale and 30
Delivery of Its Multifamily Housing Revenue Obligations for the Silver Lake 31
Pointe Apartment Project. 32
33
City Administrator Zikmund requested the Council authorize the issuance, sale and delivery of its 34
multifamily housing revenue obligation bonds for the Silver Lake Pointe Apartment Project. 35
36
Mayor Lindstrom opened the public hearing at 7:14 p.m. 37
38
Hearing no public input, Mayor Lindstrom closed the public hearing at 7:14 p.m. 39
40
MOTION/SECOND: Meehlhause/Smith. To Waive the Reading and Adopt Resolution 10257, 41
Authorizing the Issuance, Sale and Delivery of Its Multifamily Housing Revenue Obligations for 42
the Silver Lake Pointe Apartment Project. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
46
Mounds View City Council June 6, 2026
Regular Meeting Page 6
9. REPORTS 1
A. Reports of Mayor and Council. 2
3
Council Member Gunn stated the Mounds View Police Foundation would meet next on Tuesday, 4
June 9 at 5:30 p.m. 5
6
Council Member Gunn explained the Mounds View Business Council would be meeting next on 7
Thursday, June 18. 8
9
Council Member Gunn reported there would be a Juneteenth Celebration at City Hall on Friday, 10
June 19. 11
12
Council Member Meehlhause stated on Monday he would be attending a conference call with the 13
Twin Cities Gateway Executive Director and the Fridley Finance Director to review the first six 14
months of finances which would then be reviewed by the Board of Directors on Tuesday, June 16. 15
16
Council Member Smith reported she has been asked to teach traffic direction to Reserve State Fair 17
Officers. 18
19
Council Member Smith explained the Festival in the Park Committee would be meeting next on 20
Tuesday, June 16 at 6:30 p.m. at the Public Works Facility. 21
22
Council Member Smith wished residents a Happy Father’s Day which would be observed on 23
Sunday, June 21. She noted she would be attending the car show the week after Father’s Day at 24
the State Fair Grounds helping with traffic direction. 25
26
Council Member Smith noted the first Village of Mounds View was elected in 1958 which 27
consisted of Mayor James Gibson and four Councilmembers. She reported the City has had 17 28
mayors, 43 Councilmembers and four clerks. 29
30
Council Member Clark reported she attended the Park, Rec and Forestry Commission meeting 31
where the group toured Lakeside Lions Park and Silver View Park. 32
33
Council Member Clark commented the Explore More Camp began today and had 108% 34
enrollment. 35
36
Council Member Clark thanked everyone who participated in the City-wide garage sale this past 37
weekend. 38
39
Council Member Clark explained there would be mini golf for seniors on June 11 and June 25 at 40
10:00 a.m. at Lili Putt. She noted there would be a 55+ drivers discount program on June 9 from 41
1:00 p.m. to 5:00 p.m. She indicated there would be a river boat cruise for seniors on June 26. 42
43
Council Member Clark encouraged residents to read through the most recent edition of the Mounds 44
View Matters. 45
46
Mounds View City Council June 6, 2026
Regular Meeting Page 7
Mayor Lindstrom stated last Friday he attended a clemency meeting where the group received a 1
presentation on brain injuries. He explained he would be attending a board of pardons meeting 2
later this week. 3
4
Mayor Lindstrom reported on Friday, June 12 he would be celebrating his 16th wedding 5
anniversary. 6
7
Mayor Lindstrom wished all fathers a Happy Father’s Day on Sunday, June 21. 8
9
Mayor Lindstrom commented on the Juneteenth event which would be held on Friday, June 19 at 10
City Hall Park from 3:00 p.m. to 8:00 p.m. noting there would be a bounce house, music, hot dogs 11
and drinks. 12
13
Mayor Lindstrom thanked Tara and Christa for their efforts to manage the City-wide garage sale. 14
15
B. Reports of Staff. 16
17
City Administrator Zikmund explained the City was still working to hire a Finance Director. 18
19
Public Works/Parks and Recreation Director Peterson stated those interested in applying for a 20
community garden plot could apply online or at the Community Center beginning tomorrow. 21
22
Public Works/Parks and Recreation Director Peterson explained the community survey was 23
underway and the Council would be reviewing the survey results on Monday, June 29. 24
25
10. Next Council Work Session: Monday, June 29, 2026, at 6:00 p.m. 26
Next Council Meeting: Monday, June 22, 2026, at 6:00 p.m. 27
28
11. ADJOURNMENT 29
30
The meeting was adjourned at 7:36 p.m. 31
32
Transcribed by: 33
34
Heidi Guenther 35
Minute Maker Secretarial 36
THIS PAGE LEFT BLANK INTENTIONALLY
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING JUST AND CORRECT
CLAIMS AGAINST CITY FUNDS
WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full
authority over the financial affairs of the City and;
WHEREAS, the City Council has reviewed the claims paid during the period
05/27/26 through 06/09/26 in the amount of 335,125.10$
TOTAL AMOUNT OF CLAIMS PRESENTED 335,125.10$
And has found said claims to be just and correct;
It was moved that the City Council of Mounds View hereby approve the attached
list of claims dated 05/27/26 – 06/06/26 by vote __________ayes ________nays.
___________________________________
Finance Director
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 1 of 106/16/2026
PW # 330 Decals 50.00460 4360-7030ABC SIGN SHOP
50.00
Radio 4,550.88225 4200-7040Action Fleet, LLC
#262 New Squad set up& radio 20,819.51460 4200-7040
Lightbars for new squads 5,600.00460 4200-7040
30,970.39
Flex Medical 166.26100 2006Advantage Administrators
Flex Daycare 1,454.17100 2006
May Admin Fee 58.00100 4160-3030
Flex Medical 1.42230 2006
Flex Daycare 141.67252 2006
Flex Medical 14.37700 2006
Flex Daycare 31.25700 2006
Flex Medical 14.37730 2006
Flex Daycare 43.75730 2006
Flex Daycare 6.25740 2006
Flex Medical 7.75745 2006
Flex Daycare 18.75745 2006
1,958.01
Copy paper 244.95100 4160-1120Amazon Capital Services
Toner 257.91100 4160-1600
Office supplies 39.53100 4160-1600
First aid supplies 133.62100 4160-1600
Sport drinks and freezer pops 280.24100 4160-1600
Desk frame 187.99100 4160-1600
Supplies 92.91100 4200-1600
Water storage tank 193.00100 4380-1200
Bluetooth transmitter for TV 85.32252 4350-1230
Basketball nets 15.88252 4732-1230
Program supplies 1,068.91252 4732-1230
Hot-Cold gel packs 13.90252 4732-1230
Speakers/communication devices 407.68252 4732-1230
Pitching machine 155.99252 4732-1230
Dog waste stations 559.68745 4415-1600
3,737.51
City Code Updates 1,863.87100 4160-3030American Legal Publishing Corporation
1,863.87
Embroidery- Polos 204.75100 4110-3630Athletic Outfitters
Council Polos 472.80100 4110-3630
Hats 285.78100 4360-2400
Seasonals Shirts 334.00100 4470-2400
1,297.33
Irrigation Repair- 5240 Jeffer 17.92700 4823-5155Beisswenger's Do It Best
17.92
May Health 56,921.00100 2014Better Health Collective
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 2 of 106/16/2026
May Health- Cobra 6,768.00100 2015Better Health Collective
63,689.00
June Dental Insurance 3,675.00100 2009Blue Cross Blue Shield of MN
June Dental Insurance Cobra 384.20100 2015
4,059.20
PW# 461 Bucket Inspect.Repair 2,025.08100 4465-5120Bona Bros. Auto & Truck Services
2,025.08
May Cell Phone 50.00230 4650-3100Brian Beeman
May Mileage 95.12230 4650-3800
145.12
Irrigation Glue 110.22100 4360-1210Central Pro Supply
110.22
Wood Chips for Trees 360.49100 4380-1200Central Wood Products
360.49
Uniforms & Clothing 21.45100 4360-2400Cintas Corporation
Uniforms & Clothing 21.51100 4360-2400
Mats & Towels 23.21100 4360-2410
Mats & Towels 19.13100 4360-2410
Uniforms & Clothing 3.17100 4410-2400
Uniforms & Clothing 3.18100 4410-2400
Mats & Towels 5.87100 4410-2410
Mats & Towels 4.61100 4410-2410
Uniforms & Clothing 0.36100 4460-2400
Uniforms & Clothing 0.36100 4460-2400
Mats & Towels 0.28100 4460-2410
Mats & Towels 0.22100 4460-2410
Uniforms & Clothing 10.95100 4465-2400
Uniforms & Clothing 10.97100 4465-2400
Mats & Towels 3.98100 4465-2410
Mats & Towels 3.13100 4465-2410
Uniforms & Clothing 15.75100 4470-2400
Uniforms & Clothing 15.78100 4470-2400
Mats & Towels 10.90100 4470-2410
Mats & Towels 8.56100 4470-2410
Uniforms & Clothing 22.76100 4472-2400
Uniforms & Clothing 22.78100 4472-2400
Mats & Towels 6.06100 4472-2410
Mats & Towels 4.76100 4472-2410
Uniforms & Clothing 3.69100 4475-2400
Uniforms & Clothing 3.70100 4475-2400
Mats & Towels 1.80100 4475-2410
Mats & Towels 1.41100 4475-2410
Uniforms & Clothing 4.20252 4350-2400
Uniforms & Clothing 4.20252 4350-2400
Mats & Towels 0.00252 4350-2410
Mats & Towels 0.00252 4350-2410
Uniforms & Clothing 28.20700 4823-2400
Uniforms & Clothing 28.24700 4823-2400
Mats & Towels 16.58700 4823-2410
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 3 of 106/16/2026
Mats & Towels 13.02700 4823-2410Cintas Corporation
Uniforms & Clothing 2.72700 4825-2400
Uniforms & Clothing 2.72700 4825-2400
Mats & Towels 2.46700 4825-2410
Mats & Towels 1.93700 4825-2410
Uniforms & Clothing 25.79730 4823-2400
Uniforms & Clothing 25.84730 4823-2400
Mats & Towels 18.76730 4823-2410
Mats & Towels 14.74730 4823-2410
Uniforms & Clothing 15.78745 4415-2400
Uniforms & Clothing 15.80745 4415-2400
Mats & Towels 7.77745 4415-2410
Mats & Towels 6.10745 4415-2410
Uniforms & Clothing 3.63745 4417-2400
Uniforms & Clothing 3.63745 4417-2400
Mats & Towels 1.25745 4417-2410
Mats & Towels 0.98745 4417-2410
494.67
Back Up Dialer 05/18-06/17 47.84700 4823-3100Comcast
47.84
Laptop Replace - E Macki 1,300.14100 4160-1230Dell Marketing L.P.
1,300.14
Medicare W/H 2,319.53100 2011EFTPS-Direct
Income Tax W/H 16,628.80100 2011
FICA W/H 4,330.75100 2011
Medicare W/H 45.85100 4100-0300
FICA W/H 38.36100 4100-0300
Medicare W/H 212.65100 4130-0300
FICA W/H 909.24100 4130-0300
Medicare W/H 102.01100 4150-0300
FICA W/H 436.19100 4150-0300
Medicare W/H 153.26100 4180-0300
FICA W/H 655.28100 4180-0300
Medicare W/H 1,356.69100 4200-0300
FICA W/H 418.85100 4200-0300
Medicare W/H 132.81100 4360-0300
FICA W/H 567.90100 4360-0300
Medicare W/H 24.81100 4380-0300
FICA W/H 106.11100 4380-0300
Medicare W/H 68.96100 4410-0300
FICA W/H 294.85100 4410-0300
Medicare W/H 10.32100 4460-0300
FICA W/H 44.13100 4460-0300
Medicare W/H 28.89100 4465-0300
FICA W/H 123.54100 4465-0300
Medicare W/H 105.94100 4470-0300
FICA W/H 452.95100 4470-0300
Medicare W/H 51.42100 4472-0300
FICA W/H 219.87100 4472-0300
Medicare W/H 14.88100 4475-0300
FICA W/H 63.53100 4475-0300
Medicare W/H 11.08100 4700-0300
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 4 of 106/16/2026
Medicare W/H 25.45210 2011EFTPS-Direct
Income Tax W/H 195.83210 2011
FICA W/H 108.85210 2011
Medicare W/H 25.45210 4350-0300
FICA W/H 108.85210 4350-0300
Medicare W/H 34.13230 2011
Income Tax W/H 219.11230 2011
FICA W/H 145.92230 2011
Medicare W/H 34.13230 4650-0300
FICA W/H 145.92230 4650-0300
Medicare W/H 361.19252 2011
Income Tax W/H 1,729.31252 2011
FICA W/H 1,544.54252 2011
Medicare W/H 50.16252 4350-0300
FICA W/H 214.45252 4350-0300
Medicare W/H 86.76252 4730-0300
FICA W/H 370.99252 4730-0300
Medicare W/H 224.27252 4732-0300
FICA W/H 959.10252 4732-0300
Medicare W/H 8.12290 2011
Income Tax W/H 42.79290 2011
FICA W/H 34.73290 2011
Medicare W/H 8.12290 4420-0300
FICA W/H 34.73290 4420-0300
Medicare W/H 240.01700 2011
Income Tax W/H 1,752.70700 2011
FICA W/H 1,026.19700 2011
Medicare W/H 35.03700 4820-0300
FICA W/H 149.79700 4820-0300
Medicare W/H 182.52700 4823-0300
FICA W/H 780.42700 4823-0300
Medicare W/H 22.45700 4825-0300
FICA W/H 95.98700 4825-0300
Medicare W/H 197.31730 2011
Income Tax W/H 1,415.57730 2011
FICA W/H 843.67730 2011
Medicare W/H 35.05730 4820-0300
FICA W/H 149.78730 4820-0300
Medicare W/H 162.27730 4823-0300
FICA W/H 693.87730 4823-0300
Medicare W/H 11.72740 2011
Income Tax W/H 87.39740 2011
FICA W/H 50.12740 2011
Medicare W/H 11.73740 4416-0300
FICA W/H 50.12740 4416-0300
Medicare W/H 145.87745 2011
Income Tax W/H 800.53745 2011
FICA W/H 623.73745 2011
Medicare W/H 136.13745 4415-0300
FICA W/H 582.22745 4415-0300
Medicare W/H 9.69745 4417-0300
FICA W/H 41.48745 4417-0300
46,975.69
Bronson Lift St. Repair 3,180.00730 4823-5150Electric Pump
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 5 of 106/16/2026
3,180.00
Chop Saw Blades 172.73100 4465-1220Fastenal Company
Bolts & Punch 42.20100 4465-1220
214.93
Comm Garden Supplies 661.31100 4360-1600Ferguson WaterWorks #2518 & #1657
Locate Flags 142.14700 4823-1600
Locate Flags 142.14730 4823-1600
945.59
June EyeMed 173.35100 2007Fidelity Security Life Insurance Compan
June EyeMed- Cobra 33.40100 2015
206.75
Bar & Chain for small saws 40.24100 4380-1200Forestry Suppliers, Inc.
40.24
Stain for Splash Pad 67.98100 4360-1210Hirshfield's, Inc.
67.98
Splash Pad Test Kit 201.20100 4360-1230Horizon Commercial Pool Supply
201.20
C1211 HSA CONTRIBUTIONS 3,262.00100 2014HSA Bank
C1211 HSA CONTRIBUTIONS 228.75100 4130-0400
C1211 HSA CONTRIBUTIONS 192.00100 4150-0400
C1211 HSA CONTRIBUTIONS 262.50100 4180-0400
C1211 HSA CONTRIBUTIONS 1,762.55100 4200-0400
C1211 HSA CONTRIBUTIONS 227.79100 4360-0400
C1211 HSA CONTRIBUTIONS 86.00100 4410-0400
C1211 HSA CONTRIBUTIONS 30.00100 4460-0400
C1211 HSA CONTRIBUTIONS 80.00100 4465-0400
C1211 HSA CONTRIBUTIONS 130.00100 4470-0400
C1211 HSA CONTRIBUTIONS 92.50100 4472-0400
C1211 HSA CONTRIBUTIONS 20.00100 4475-0400
C1211 HSA CONTRIBUTIONS 12.45100 4700-0400
C1211 HSA CONTRIBUTIONS 63.75210 2014
C1211 HSA CONTRIBUTIONS 20.00210 4350-0400
C1211 HSA CONTRIBUTIONS 125.84230 2014
C1211 HSA CONTRIBUTIONS 55.00230 4650-0400
C1211 HSA CONTRIBUTIONS 258.24252 2014
C1211 HSA CONTRIBUTIONS 98.75252 4350-0400
C1211 HSA CONTRIBUTIONS 118.75252 4730-0400
C1211 HSA CONTRIBUTIONS 218.75252 4732-0400
C1211 HSA CONTRIBUTIONS 53.92290 2014
C1211 HSA CONTRIBUTIONS 26.00290 4420-0400
C1211 HSA CONTRIBUTIONS 403.82700 2014
C1211 HSA CONTRIBUTIONS 52.25700 4820-0400
C1211 HSA CONTRIBUTIONS 249.01700 4823-0400
C1211 HSA CONTRIBUTIONS 39.99700 4825-0400
C1211 HSA CONTRIBUTIONS 289.65730 2014
C1211 HSA CONTRIBUTIONS 52.25730 4820-0400
C1211 HSA CONTRIBUTIONS 298.71730 4823-0400
C1211 HSA CONTRIBUTIONS 19.17740 2014
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 6 of 106/16/2026
C1211 HSA CONTRIBUTIONS 17.00740 4416-0400HSA Bank
C1211 HSA CONTRIBUTIONS 61.26745 2014
C1211 HSA CONTRIBUTIONS 149.00745 4415-0400
C1211 HSA CONTRIBUTIONS 5.00745 4417-0400
9,062.65
Payroll W/H 1,171.69100 2013ICMA Retirement Trust - 457
Roth Payroll W/H 2,887.00100 2013
Payroll W/H 131.11100 2013
Payroll W/H 3,366.74100 2013
Roth Payroll W/H 175.00210 2013
Payroll W/H 89.94210 2013
Payroll W/H 19.90210 2013
Payroll W/H 38.46230 2013
Roth Payroll W/H 175.00230 2013
Payroll W/H 53.54230 2013
Payroll W/H 154.00252 2013
Roth Payroll W/H 4.00252 2013
Payroll W/H 215.38252 2013
Roth Payroll W/H 35.00290 2013
Payroll W/H 7.89290 2013
Payroll W/H 160.00700 2013
Roth Payroll W/H 405.00700 2013
Payroll W/H 366.16700 2013
Payroll W/H 340.29700 2013
Payroll W/H 145.00730 2013
Roth Payroll W/H 405.00730 2013
Payroll W/H 11.24730 2013
Payroll W/H 235.42730 2013
Payroll W/H 10.00740 2013
Payroll W/H 22.92740 2013
Payroll W/H 117.00745 2013
Roth Payroll W/H 4.00745 2013
Payroll W/H 179.56745 2013
10,926.24
Spring clean up-8255 Eastwood 450.00100 4180-3030Ideal Lawn Care
450.00
May Legal Service 6,500.00100 4200-3020Katrina E. Joseph
6,500.00
7687 Long Lake-Hampton Dev. (c 144.00100 2320Kennedy & Graven, Chartered
8408-8428 Eastwood Rd - Jahnke 121.00100 2320
Retainer - Apr 2,000.00100 4160-3010
Commmunity Center Project 314.60100 4160-3010
Code Update/Revisions 24.20100 4160-3010
General Labor Matters 169.40100 4160-3010
Xcel Energy matters - franchis 24.20100 4160-3010
Police Dept & Policies 24.20100 4160-3010
Street projects - general 121.00100 4160-3010
Cannabis Matters 266.20100 4160-3010
H2 Flats 149.40100 4160-3010
2716 Hillview Road 37.80230 4650-3030
2833 Mounds View Blvd 302.40230 4650-3030
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 7 of 106/16/2026
I & I Matters 266.20730 4823-3030Kennedy & Graven, Chartered
Sewer line 5127 LL Rd 919.60730 4823-5155
Silver Lake Pond Improve Proje 121.00745 4415-3030
5,005.20
Summer 2026 Employee Luncheon 1,392.40100 4100-1600Kusina LLC
1,392.40
June LELS Dues 1,168.00100 2004Law Enforcement Labor Services, Inc.
1,168.00
June trash service 1,137.30100 4460-3530LRS, LLC
June trash service 758.20252 4350-3530
June trash service 232.00290 4420-3530
2,127.50
Soccer Net Welding 85.00100 4360-5110Mark's Welding & Fabricating
85.00
Fuel Cans, Ear Plugs- Parks 316.69100 4360-1210McClellan Sales, Inc.
316.69
Return -12.98100 4360-1210Menards - Blaine
Painting, Staining Supplies 104.30100 4360-1210
Irrigation Parts, Dehumidifier 315.06100 4360-1210
Parks supplies 53.93100 4360-1210
Splash Pad Parts/Tools 46.14100 4360-1230
Forestry water tank supplies 16.28100 4380-1200
Cleaning Supplies 23.39730 4823-1600
546.12
May 2026 MN PFML 3,827.62100 2003MetLife
3,827.62
Electric Connectors 25.69100 4465-1600Metro Products, Inc.
25.69
PD# 202 Latch 319.45100 4465-1220Midway Ford Company
PD #0201 Radiator 338.53100 4465-1220
PD# 0201 Cap & Hose 85.70100 4465-1220
PD# 0163 Block Heater 182.98100 4465-5120
PD# 0201 Radiator 2,350.66100 4465-5120
3,277.32
Council Mtg-05/11 219.50100 4100-3030Minute Maker Secretarial
Council Mtg - 05/26 178.00100 4100-3030
Planning Mtg-05/06 219.50100 4110-3030
617.00
Cancelled Trip Refund 198.75252 3406MISC VENDOR
17-6138-03 186.11700 1152
08-1310-00 108.82700 1152
08-0880-02 32.54700 1152
07-1530-04 29.66700 1152
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 8 of 106/16/2026
02-1400-02 299.10700 1152MISC VENDOR
10-1230-02 701.75700 1152
05-1500-00 194.55700 1152
03-1860-01 44.59700 1152
1,795.87
2026 Q2 Water Service Connects 12,397.00700 2076MN Dept of Health
Water License- Schnur 23.00700 4823-3630
Water License- Smith 23.00700 4823-3630
Water License- Loder 23.00700 4823-3630
Hospitality Fee Hot Dog Cart 50.00100 4200-3070
12,516.00
State Income Tax 7,140.17100 2001MN Dept of Revenue
State Income Tax 87.34210 2001
State Income Tax 112.83230 2001
State Income Tax 942.58252 2001
State Income Tax 22.28290 2001
State Income Tax 798.88700 2001
State Income Tax 538.98730 2001
State Income Tax 39.23740 2001
State Income Tax 365.14745 2001
Fuel Tax Refund-Received twice 1,052.19100 4465-1701
11,099.62
Seasonal Jobs Advertising 175.00100 4160-3420MN Recreation & Park Association
175.00
#98995-01 MN 1,493.17100 2013MN State Retirement System
#98995-01 MN ROTH 50.00100 2013
#98995-01 MN 200.36100 2013
#98995-01 MN 526.56100 4130-0100
#98995-01 MN 2.40210 2013
#98995-01 MN 6.19230 2013
#98995-01 MN 6.19230 4650-0100
#98995-01 MN 1.00252 2013
#98995-01 MN 31.97700 2013
#98995-01 MN 30.97700 4820-0100
#98995-01 MN 31.97730 2013
#98995-01 MN 12.26730 2013
#98995-01 MN 30.97730 4820-0100
#98995-01 MN 51.78745 2013
#98995-01 MN 24.79745 4415-0100
2,500.58
Residents Telephone Survey 14,000.00480 4180-3030Morris Leatherman Company
14,000.00
Cloud Storage for squad camera 3,168.00460 4200-7040Motorola Solutions, Inc.
Squad & Body Cameras 9,940.00480 4200-3030
13,108.00
Cancelled Event Refund- 07/24 468.75252 3645Motunrayo Ajewole
468.75
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 9 of 106/16/2026
R&R 12" BFV at WTP 1,760.00700 4823-5130Municipal Builders, Inc.
1,760.00
May Electric Inspections 782.80100 4180-3030NYKANEN INSPECTIONS LLC
782.80
Silverview Restrooms 5/14-6/5 204.96100 4360-4030On Site Companies - OSSTC
204.96
Large Boulders- Oakwood Trl 514.78100 4360-1210Plaisted Companies Inc
514.78
Class Fee- Overton A. 535.00100 4200-3630Precision Driving Center of Minnesota
535.00
CH IT Room Access Control 4,866.38100 4460-5110Pro-Tec Design, Inc.
4,866.38
PERA 643400 4,139.10100 2012Public Employees Retirement Assn.
PERP 643400 10,866.28100 2012
DCP 643400 127.20100 2012
DCP 643400 127.20100 4100-0321
PERA 643400 527.34100 4130-0321
PERA 643400 591.58100 4150-0321
PERA 643400 913.16100 4180-0321
PERA 643400 508.38100 4200-0321
PERP 643400 16,171.67100 4200-0321
PERA 643400 722.64100 4360-0321
PERA 643400 123.36100 4380-0321
PERA 643400 355.30100 4410-0321
PERA 643400 63.04100 4460-0321
PERA 643400 179.93100 4465-0321
PERA 643400 440.75100 4470-0321
PERA 643400 272.15100 4472-0321
PERA 643400 78.30100 4475-0321
PERP 643400 127.73100 4700-0321
PERA 643400 123.14210 2012
PERA 643400 142.09210 4350-0321
PERA 643400 168.88230 2012
PERA 643400 194.86230 4650-0321
PERA 643400 1,423.62252 2012
PERA 643400 290.27252 4350-0321
PERA 643400 451.10252 4730-0321
PERA 643400 901.25252 4732-0321
PERA 643400 46.85290 2012
PERA 643400 54.06290 4420-0321
PERA 643400 1,097.19700 2012
PERA 643400 170.30700 4820-0321
PERA 643400 974.10700 4823-0321
PERA 643400 121.60700 4825-0321
PERA 643400 916.12730 2012
PERA 643400 170.28730 4820-0321
PERA 643400 886.75730 4823-0321
PERA 643400 55.23740 2012
PERA 643400 63.73740 4416-0321
DESCRIPTION AMOUNTFUNACCOUNTVENDOR NAME
COUNCIL REPORT 05/27/26 to 06/09/26 Page 10 of 106/16/2026
PERA 643400 632.49745 2012Public Employees Retirement Assn.
PERA 643400 680.29745 4415-0321
PERA 643400 49.49745 4417-0321
45,948.80
CAD Fee- April 2026 760.17100 4200-3050Ramsey County
April 911 Dispatch Svc 6,307.66100 4200-3050
911 Dispatch Jan- March extra 1,268.73100 4200-3050
Fleet Support Fee- April 2026 137.28100 4200-5100
Fleet Support Fee- April 2026 7.28700 4823-3100
Fleet Support Fee- April 2026 7.28730 4823-3100
Fleet Support Fee- April 2026 7.28745 4415-3100
8,495.68
Mandatory Check in - Tan 140.00100 4200-3030Ridgeway and Associates
140.00
April PD Car Washes 28.00100 4200-1700Rise LLC
28.00
Clay for GF Pitching Mound 131.11100 4360-1210SiteOne Landscape Supply, LLC
131.11
Propane, Grinder Disc- Hydrant 89.97700 4823-1600Toll Gas & Welding Supply
Cut Off Wheels- Water Dpt 134.30700 4823-1600
224.27
May Look Ups 100.00100 4200-3030TransUnion Risk and Alternative
100.00
PW# 708 Parts 57.84700 4823-1220Tri State Bobcat
57.84
Smart Meter Module 250.00700 4820-5130Tyler Technologies, Inc.
Smart Meter Module 60.00700 4820-5130
310.00
Yard H ydrant- Comm Garden 162.16100 4360-1600USA Blue Book
Gate Valve Resilient Return -1,070.95700 4823-1250
Repl. Valve for Flushing Wells 821.15700 4823-1250
Filter for Dehumidifier-Water 443.95700 4823-1250
356.31
K9 Flags- Distressed 700.00100 4200-3070Whereatt Woodworking
700.00
April Professional Svc 1,918.75480 4360-3030WSB & Associates Inc
1,918.75
May Contract Cleaning 2,300.00100 4460-3030Z&K Avdiu, Inc.
May Contract Cleaning 800.00252 4350-3030
3,100.00
335,125.10TOTAL
THIS PAGE LEFT BLANK INTENTIONALLY
Item No: 5C
Meeting Date: June 22, 2026
Type of Business: CA
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Resolution 10265, Approving a contract with MuniReg LLC to assist
with the City Vacant Building Registration (VBR) Program
Introduction:
The City Council adopted Ordinance 1057 amending City Code Chapter 91 at the
April 13, 2026, Council Meeting and created a Vacant Building Registration (VBR)
program operated by the Community Development Department. Ordinance 1057 codified
in Section 91.030 authorizes that the City may utilize a third party to assist with
identification, recordkeeping and administration.
Discussion:
Staff surveyed the American Association of Code Enforcement (AACE) and identified
several vendors with experience working with City Government across the county with
identification, recordkeeping and administrative support with vacant building registration
programs (VBR). MuniReg was the only vendor identified by staff that partnered with their
municipal clients to assist with administration of a VBR program on their behalf. Through
this 3rd party relationship MuniReg is compensated strictly through a portion of the
registration fee established by the City, therefore there is zero cost to the City. This
business model provides an incentive for MuniReg to boost compliance and efficiency in
their assistance with VBR programs.
Corporate ownership often hides behind the veil of LLC and banks have multiple layers
to navigate. MuniReg LLC has experience in identifying the scope of vacant properties
and identifying the owner or responsible party. MuniReg has an online web-based system
that will facilitate the registration of required properties and provide a database of the
information received that will be accessible in a web-based platform by City Staff.
Lastly, MuniReg has unique expertise in proactive implementation to identify properties
requiring registration by leveraging longstanding relationships with the nation’s largest
property registration companies and banks/mortgage companies by monitoring
foreclosure filings.
Strategic Plan Strategy/Goal:
#6 Maintain Effective Housing and Code Enforcement
Financial Impact:
No Impact on the 2026 Operating Budget
The Mounds View Vision
A Thriving Desirable Community
Recommendation:
Staff recommends the Council approve Resolution 10265 approving a contract with
MuniReg LLC to assist with identification, recordkeeping and administrative support for
the City Vacant Building Registration (VBR) program
Respectfully submitted,
Jeremiah Anderson
Housing/Code Enforcement Inspector
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION 10265
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A CONTRACT WITH MUNIREG LLC TO ASSIST WITH THE VACANT
BUILDING REGISTRATION PROGRAM
WHEREAS, the City Council adopted Ordinance 1057 amending City Code Chapter 91
on April 13, 2026 creating a Vacant Building Registration (VBR) program operated by the
Community Development Department; and
WHEREAS, Ordinance 1057 codified in Section 91.030 authorize that the City may utilize a
third party to assist with identification, recordkeeping and administration; and
WHEREAS, Staff located MuniReg LLC, a national vendor referred by the American
Association of Code Enforcement as a potential vendor to assist with identification, recordkeeping
and administrative support for the City VBR program; and
WHEREAS, Staff received a services agreement from MuniReg LLC for the identification,
recordkeeping, and administrative support of the City VBR program; and
WHEREAS, MuniReg LLC will proactively identify properties and associated parties that are
required to register pursuant to Ordinance 1057; and
WHEREAS, Exhibit A of the MuniReg LLC service agreement states MuniReg shall charge a
registration fee established by the City and retain $125 of each collected registration/renewal fee; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota as follows:
1. That a contract be approved with MuniReg LLC for the identification, recordkeeping and
administrative support for the City Vacant Building Registration Program (VBR).
2. The Mayor and City Administrator are hereby authorized and directed to execute all
appropriate documents to effectuate the actions contemplated by this resolution.
3. The Mayor, City Administrator, Staff and consultants are hereby authorized and directed
to take any and all additional steps and actions necessary or convenient in order to
accomplish the intent of this Resolution.
Adopted this 22nd day of June, 2026
Zach Lindstrom, Mayor
ATTEST:
(Seal) Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
info@munireg.com 866-686-4734
Overview of MuniReg
Vacant/Foreclosed/Rental Property Registration
Vacant and abandoned properties and “zombie foreclosures” present many challenges for municipal
governments, including increased crime and decreased property values. Municipal abatement costs are an
unwanted expenditure and a financial burden.
Two primary time-consuming and frustrating challenges are defining the scope of the problem (i.e. number
of vacant properties) and identifying the owner and/or responsible parties. Corporate ownership often hides
behind the corporate veil of an LLC. Banks have multiple layers to navigate. These issues apply to rental
properties as well.
Numerous communities across the country have implemented a property registration program. This tool is
advocated for by entities such as National League of Cities, Center for Community Progress, Lincoln Institute
of Land Policy, and the International Municipal Attorneys Association among others.
The registry provides free information, potential revenue, cost savings and greater flexibility for existing
staff.
MuniReg can provide model ordinance language that proactively addresses and eliminates the frequent
concerns and challenges that have arisen in other enacted ordinances.
MuniReg has partnered with its municipal clients to administer the programs on their behalf. As MuniReg is
compensated strictly through a portion of the 3rd party registration fees, therefore there is no cost for the
municipality.
This business model provides an inherent incentive for MuniReg to boost compliance. This has resulted in
municipalities that previously utilized internal staff, now utilizing MuniReg to maximize compliance.
MuniReg’s web platform facilitates the online registration of required properties and provides a database of
the received data for the municipal staff.
MuniReg proactively works to identify properties requiring registration, including leveraging longstanding
relationships with the nation’s largest property registration companies and banks/ mortgage companies, by
monitoring foreclosure filings, and building relationships with local groups in your community.
MuniReg understands the negative effects these properties have on a community. We strive to assist our
partners in oppressing these challenges in any way possible.
MuniReg has a unique and unmatched experience in assisting communities navigate the complicated world
of working with banks and mortgage companies on property maintenance issues.
www.munireg.com
128619861v2
SERVICES AGREEMENT
This SERVICES AGREEMENT (this “Agreement”) is made as of the ____ day of
___________, 202__ (the “Effective Date”), by and between CITY OF MOUNDS
VIEW, MINNESOTA (the “Client”), and MUNIREG LLC, a limited liability company
(“MuniReg”).
RECITALS
A. Client is a municipal corporation.
B. Vacant and/or abandoned properties located within the Client’s jurisdiction (each, a
“Property,” and collectively, the “Properties”), increasingly are in violation of the Client’s laws,
regulations, codes, and ordinances (collectively, the “Codes”), pertaining to the care of lawns and
exterior maintenance.
C. These Properties are significant health and welfare issues, and are a significant contributing
factor to neighborhood blight within the Client’s jurisdiction.
D. To address these issues related to the maintenance of vacant and/or abandoned Properties;
Ordinance No. titled “MUNIREG” (“Resolution”) was adopted by the Client on the ___
day of , 20 .
E. Pursuant to the authority granted under the Resolution, the Client desires to enter into this
Agreement with MuniReg in order to provide certain Services (defined below) authorized pursuant
to the Resolution and to register properties with mortgages in default (each, a “Registration”), thereby
allowing the Client to efficiently and proactively enforce compliance with the Codes; and
F. As part of the Services, MuniReg will provide a no-cost electronic Registration process for
the Client with respect to the Properties, and will collect on behalf of Client any fees associated
with such registrations (the “Registration Fees”).
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties hereby agree as follows:
1. Engagement and Services.
During the Term (defined below) of this Agreement, MuniReg will provide certain services
with respect to Registration of the Properties, as listed on the attached Exhibit A (the “Services”).
The Client acknowledges and agrees that MuniReg may staff the Services as it sees fit. MuniReg
has the right to subcontract the performance of any and all Services, in whole or in part, under this
Agreement, provided such subcontracting shall not relieve MuniReg of its obligations hereunder.
2. Term and Termination.
(a) Term. The term of this Agreement shall begin on the Effective Date and
continue for twenty-four (24) months (the “Initial Term”), and thereafter for
128619861v2
successive one (1) year renewal terms (each, a “Renewal Term,” and together with the Initial Term,
the “Term”), until terminated pursuant to Section 2(b).
(b) Termination. This Agreement may be terminated by either party with or without
cause, immediately upon thirty (30) days’ prior written notice to MuniReg. Either party may also
terminate this Agreement, effective immediately upon written notice to the other party, upon a
material breach of this Agreement by the other party. Further, to the extent permitted by law, Client
may terminate this Agreement, effective immediately upon written notice to MuniReg, in the event
of: (i) an assignment for the benefit of creditors by MuniReg or the voluntary appointment (at the
request of MuniReg or with the consent of MuniReg) of a receiver, custodian, liquidator or trust in
bankruptcy of MuniReg’s property or the filing by MuniReg of a petition in bankruptcy or other
similar proceeding under any law for relief of debtors; (ii) the filing against MuniReg of a petition
in bankruptcy or other similar proceeding under any law for relief of debtors, or the involuntary
appointment of a receiver, custodian, liquidator or trustee in bankruptcy of MuniReg’s property,
where such petition or appointment is not vacated or discharged within sixty (60) days after the
filing or making thereof; or (iii) MuniReg liquidates, dissolves, or otherwise ceases business
operations. Finally, this Agreement will automatically terminate in the event that MuniReg’s
authority to perform the Services under the Ordinance is withdrawn or is adversely modified in any
material respect.
(c) Effect of Termination. Upon termination of this Agreement, MuniReg will cease
performance of all Services, and all further licenses and rights of the parties will cease, except that
MuniReg will be entitled to any compensation or other amounts earned with respect to Services
provided through the effective date of termination. Further, and notwithstanding any termination of
this Agreement, the provisions of Sections 3 (to the extent payments remain due), 4, 5, 6, 7, 8, 9, 10
and 11 shall survive such termination and remain in effect, as well as any provision that ought
reasonably be construed to survive such termination. Upon termination of this Agreement: (i) each
party shall promptly (and within no more than ten (10) days) return to the other all data, materials,
and other property of the other party then held by it (including all copies thereof, provided that
MuniReg may keep a copy for its records); and (ii) MuniReg shall promptly (and within no more than
ten (10) days) remit to the Client the portion of Registration Fees owed to the Client under the terms
of Exhibit A (less any fees or other amounts payable to MuniReg under the terms of Exhibit A). In
addition, for a period of six (6) months following the termination of this Agreement, MuniReg shall
respond to the reasonable inquiries of any successor company providing similar Services to the Client,
and allow any successor companies to receive information in digital or hard copy format (in
whichever format MuniReg so chooses) relating to matters of continuing significance regarding the
Services.
3. Compensation.
(a) Payment for Services; Expenses. As compensation for the Services, MuniReg shall
retain the amount per each collected Registration Fee as set forth in the attached Exhibit A. Except
as specifically provided on Exhibit A, the Services will be provided by MuniReg at its sole cost
and expense.
(b) Taxes. The charges specified on the attached Exhibit A shall be deemed not
to have included taxes. Client shall thus also be responsible for all sales, use, property, value
added or similar taxes, if any. Taxes related to income based on the Services provided, as
128619861v2
well as taxes based upon MuniReg’s net income, are excluded. If MuniReg is required to pay
any such taxes, the taxes shall be billed to the Client and the Client agrees to pay to MuniReg
(within thirty (30) days) the full amount of such taxes and any interest or penalties incurred
due to late payment or nonpayment of such taxes by Client.
4. Independent Contractor Status.
MuniReg shall at all times be a consultant and independent contractor when acting and
providing Services under this Agreement. No provision of this Agreement shall be interpreted to
conflict with the intent of the parties that each party’s legal status with respect to this Agreement
and the Services being provided hereunder shall at all times be that of an independent contractor,
and not as employer, employee, partner, or joint venturer of the other party. MuniReg shall have
no right to enter into any contracts or commitments in the name of, or on behalf of, Client, or to
bind Client in any respect. In connection with any payments made to MuniReg hereunder, Client
will not: (i) withhold or pay any FICA or other federal, state or local income taxes or other taxes;
or (ii) comply with or contribute to state worker’ s compensation, unemployment or other funds
or programs. MuniReg will not have the right to participate in any employee benefit or insurance
plan or any other plan or other fringe benefit which is maintained, established or provided by Client
for its employees.
5. Representations and Warranties.
(a) MuniReg Warranties. MuniReg represents and warrants that: (i) the Services
shall be provided by staff possessing the required skills and experience and that the Services
shall be performed in a professional and workmanlike manner; (ii) in providing the Services
and otherwise performing under this Agreement, MuniReg shall observe and comply with
the Codes, the Ordinance, all other applicable laws, regulations, codes, and ordinances; and
(iii) in providing the Services and otherwise performing under this Agreement, MuniReg
shall not discriminate against any firm, employee or applicant for employment or any other
firm or individual in providing services because of sex, age, race, color, religion, ancestry
or national origin. THE FOREGOING WARRANTIES ARE THE ONLY WARRANTIES
MUNIREG HAS GIVEN TO CLIENT WITH RESPECT TO THE SERVICES. SUCH
WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, OR NONINFRINGEMENT. EXCEPT AS
OTHERWISE PROVIDED HEREIN, ALL SERVICES ARE BEING PROVIDED TO
CLIENT ON AN “AS IS” BASIS.
(b) Client Warranties. Client represents and warrants that: (i) it has the power and
authority to pass the Resolution authorizing MuniReg to perform the Services and to enter
into this Agreement; (ii) the execution of this Agreement by the person representing Client
is sufficient to render the Agreement binding; and (iii) neither Client’s performance
hereunder nor the exercise by MuniReg of any rights granted to it hereunder will violate
128619861v2
any applicable laws or regulations, or the terms of any other agreement to which Client is
a party.
6. Indemnification.
(a) Indemnification by MuniReg. MuniReg will defend, indemnify and hold
harmless the Client and its officers, directors, trustees, elected and appointed officials,
managers, principals, agents, and affiliates, and their respective successors and assignsfrom
and against any losses, claims, lawsuits, proceedings, amounts, costs, expenses, or other
damages (including without limitation, reasonable attorneys’ fees) (collectively,
“Damages”), arising from or relating to: (i) MuniReg’s breach of any term, condition,
representation, warranty, or covenant hereunder; (ii) all suits, actions, or proceedings in
which Client is made defendant for actual infringement or any U.S. or foreign patents,
trademarks or copyrights or for actual violation of the unfair competition laws or any claim
arising thereunder resulting from the use or sale of the Services, either alone or in
combination with other materials; or (iii) any material defect or non-conformity in the
Services delivered or furnished hereunder.
(b) Indemnification by Client. Client will defend, indemnify and hold harmless
MuniReg and its officers, managers, principals, agents, and affiliates, and their respective
successors and assigns from and against any Damages arising from or relating to: (i) the
negligence, willful misconduct, or willful and material misrepresentation of the Client or
any of its employees, agents, personnel or representatives; (ii) a material breach of Client’s
obligations, representations or warranties under this Agreement; (iii) a third party claim
arising from or related to work performed by Client’s prior service provider; or (iv) a third
party claim arising from or related to: (A) the Registration Fees structure, (B) a challenge
to the constitutionality of the Resolution, or (C) any other challenge relating to the
electronic registry; provided, however, that the total aggregate liability of the Client to
provide an indemnification under this Section 6(b) shall in all cases be subject to a total
aggregate limit not to exceed $50,000.00.
(c) Indemnification Procedure. The foregoing indemnity is contingent upon the
indemnifying party receiving prompt written notification by the party seeking
indemnification of such claim. The indemnifying party shall have sole control of the
defense with respect to any such claim (including settlement of such claim), unless
MuniReg requires that it be notified of a proposed settlement and have the opportunity to
provide prior written consent.
7. Client Obligations.
(a) In accessing or utilizing the Services, the Client agrees to abide (and to
cause its employees, agents, and other representatives and personnel to abide) by the
Ordinance, the Codes, and all other applicable local, state, and national laws, treaties,
regulations, codes, and ordinances.
(b) Prior to commencement of the Services, Client will provide a digital file, in
a format agreeable to MuniReg (in the case where the Client has an existing registration
128619861v2
program for which existing registration data is available), containing addresses and existing
registration data for all of the Properties subject to the Ordinance, as well as a digital file, in
a format agreeable to MuniReg of every parcel in the Client’s jurisdiction, along with any
other available data that is advisable or necessary for MuniReg to provide the Services and
that is agreed upon by the parties prior to commencement of the Services.
8. Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR TO
ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDNG BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST
BUSINESS, OR LOST PROFITS), WHETHER FORESEEABLE OR NOT AND HOWEVER
CAUSED, EVEN IF THE PARTY IS ADVISED OF POSSIBILITY THAT SUCH DAMAGES
MIGHT ARISE. MUNIREG’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE
FEES ACTUALLY RECEIVED BY MUNIREG FOR SERVICES PERFORMED DURING THE
TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE EVENT WHICH GAVE
RISE TO THE CLAIM FOR LIABILITY. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE LIMITATIONS CONTAINED HEREIN WILL
NOT APPLY TO: (I) A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR
FRAUD; (II) A BREACH OF SECTION 9 (INTELLECTUAL PROPERTY), SECTION 10
(CONFIDENTIALITY) OR SECTION 12 (NON-SOLICITATION). Any claim by Client arising
from, or relating to, this Agreement or the Services must be brought within one (1) year from the
date such claim arose.
9. Intellectual Property.
(a) Generally. Title to and ownership of the software, system, algorithms, know-
how, trade secrets, and/or technology used by MuniReg to provide the Services contemplated
hereunder, and all related intellectual property rights, rights to patents, copyrights,
trademarks and trade secrets, and rights to any and all ideas, designs, concepts, techniques,
discoveries, inventions, enhancements, improvements, products, computer programs,
procedures, specifications, data, memoranda, and other materials, whether or not patentable,
related to the foregoing (collectively, the “Intellectual Property Rights”) shall remain with
and shall be the property of MuniReg and/or the owner of third party content or software
which is incorporated into or provided with the Intellectual Property Rights, as the case may
be. Nothing herein shall be construed as a transfer, assignment, or license of any Intellectual
Property Rights of MuniReg, or any of its principals or affiliates, to Client, or any its
principals, agents, employees, representatives, or affiliates (including by estoppel), except as
specifically provided in Section 9(b) below. For clarification, Intellectual Property Rights
belonging to MuniReg will also include any suggestions, ideas, enhancement requests,
feedback, recommendations or other information that the Client or its principals, agents,
affiliates, employees, representatives, or affiliates may provide relating to the features,
functionality or operation of the Services.
(b) License to Client. Notwithstanding Section 9(a), but subject in all cases to
Client’s payment of all fees or other amounts owed to MuniReg hereunder, MuniReg
hereby grants to Client a revocable royalty-free, non-exclusive, transferable right and
128619861v2
license to access and use the Intellectual Property Rights of MuniReg, solely to the extent
necessary for Client to access and use the Services in the manner contemplated hereunder.
10. Confidentiality.
(a) Generally. Subject to a Freedom of Information Act (“FOIA”) request, during
the Term of this Agreement and beyond, each party (for purposes of this Section 10, the
“Receiving Party”) will maintain in strict confidence and will not, directly or indirectly,
divulge, transmit, publish, release, or otherwise use or cause to be used in any manner to
compete with or contrary to the interests of the other party (for purposes of this Section 10,
the “Disclosing Party”), any confidential information relating to such Disclosing Party’s
business, including but not limited to trade secrets, information, data, know how or
knowledge, financial information, sales and distribution information, price lists, the identity
and lists of actual and potential customers, technical information, information or knowledge
relating to customers, products, suppliers, sources of supply, business methods and
techniques, market development programs, revenues, costs, management practices,
contracts, documents, designs, computer programs, software designs, processes, plans or
employees, and other information of like nature (collectively, the “Confidential
Information”). Each party, as Receiving Party, acknowledges that all Confidential
Information regarding the Disclosing Party that has been compiled or obtained by, or
furnished to such Receiving Party, in connection with or under this Agreement, is and shall
remain the exclusive property of the Disclosing Party.
(b) Exceptions. Notwithstanding the foregoing, the following shall not be
considered Confidential Information subject to the provisions hereof: (i) any information
that is publicly available; (ii) information disclosed to the Receiving Party by a third party
not known by such Receiving Party to be in breach of any agreement with the Disclosing
Party; and (iii) information that is independently derived by the Receiving Party or others
from sources not bound by an obligation of confidentiality to the Disclosing Party. The
parties acknowledge, understand, and agree that Confidential Information may also be
released or disclosed in response to FOIA or public records requests, including as further
described below.
(c) Use and Disclosure Restrictions. Each party, as a Receiving Party, shall: (i)
refrain from using Confidential Information of the Disclosing Party, except in furtherance of
such Receiving Party’s performance under the terms and conditions of this Agreement; (ii)
use the same level of care, but in any event will not use less than commercially reasonable
care, to prevent disclosure of the Confidential Information of the Disclosing Party that it uses
with its own information of similar sensitivity and importance; (iii) not to disclose
Confidential Information of the Disclosing Party to others (except to its employees, agents
or consultants who have a need to know same in connection with the Receiving Party’s
performance under this Agreement, and who are bound by an obligation of confidentiality
no less strict than the obligations set forth in this Section 10) without the express prior written
permission of the Disclosing Party (which may be withheld by the Disclosing Party in its sole
discretion); provided that the Receiving Party shall be liable and responsible for any breach
of this Agreement by such individuals; (iv) mark any duplication or reproduction, in whole
or in part, of the Confidential Information of the
128619861v2
Disclosing Party with a notice stating that same is the Confidential Information; and (v)
not use any Confidential Information of the Disclosing Party to reverse engineer or design
around the Disclosing Party’s services, products, or technology.
(d) Compelled Disclosure. Notwithstanding the foregoing, a Receiving Party
may disclose Confidential Information of the Disclosing Party: (i) pursuant to the
requirement of a court, administrative agency, or other governmental body, provided that,
prior to such required disclosure, such Receiving Party shall give the Disclosing Party
reasonable advance notice of any such disclosure and shall cooperate with the Disclosing
Party in protecting against any such disclosure and/or obtaining a protective order
narrowing the scope of such disclosure and/or use of the Confidential Information; (ii) on
a confidential basis to legal, tax, financial or other professional advisors; or (iii) in response
to FOIA or public records requests, including as further described below. Notwithstanding
anything herein, a Receiving Party shall not allow any individual who is an employee or
agent of a direct competitor of the Disclosing Party to have access to any Confidential
Information of the Disclosing Party.
(e) Client Information. All information collected by MuniReg from registering
parties in connection with the Registration of a Property pursuant to this Agreement (the
“Client Information”) shall, as between the parties, be the property of the Client, and shall
be provided by MuniReg to Client upon request. The Client acknowledges, understands,
and agrees that MuniReg has a right to keep, maintain, and use the Client Information for
the purposes contemplated hereunder. MuniReg shall also be permitted to retain copies of
Client Information, including reproducible copies of drawings and specifications, for
information, reference, and internal use in connection with MuniReg’s endeavors. The
parties acknowledge, understand, and agree that Client Information may be subject to FOIA
or public records requests, as required by law. To the extent permitted under applicable law,
all FOIA or public records requests received by MuniReg with respect to the Client
Information will be responded to by, and at the discretion of, the Client.
(f) Audit and Inspection Rights. MuniReg shall preserve and make available, for
examination and audit by the Client, all Client Information, financial records, supporting
documents, statistical records, and any other documents in the possession of MuniReg
pertinent to this Agreement, during the Term and for a minimum period of three (3) years after
expiration or termination of this Agreement (the “Retention Period”). No more often than once
annually during the Retention Period, the Client shall have the right to audit and inspect the
Records, solely as necessary for the Client to confirm compliance with this Agreement and
the accuracy of the Registration Fees and all other amounts payable hereunder. Any such audit
and inspection shall be conducted during normal business hours and upon reasonable advance
notice to MuniReg of at least thirty (30) days, and shall be conducted in a manner so as to not
unreasonably interfere with the business and operations of MuniReg. Any such audit and
inspection shall be at the Client’s expense, unless such audit or inspection reveals that
MuniReg has underpaid Registration Fees payable to the Client by more than $1,000 during
the audited period, in which case MuniReg shall pay or reimburse the Client for the reasonable
costs and expenses of the audit and inspection. Under no circumstances will the scope of any
such audit or inspection
128619861v2
cover MuniReg’s underlying financial records, or to any documents or information relating
to any other customer relationship of MuniReg.
11. Insurance.
Throughout the Term of this Agreement, MuniReg shall maintain the following policies of
insurance: (i) workers’ compensation insurance coverage in conformance with the statutory
requirements of the jurisdiction where any Services are to be performed or where Client’s
employees are located; and (ii) errors and omissions insurance and comprehensive liability
insurance, with coverages and deductibles that are normal and customary taking into account
MuniReg’s business activities and the nature of the Services provided hereunder. MuniReg further
covenants and agrees: (i) to keep all insurance policies in effect until after final delivery and
performance of the Services or the expiration of the applicable statute of limitations for tort actions
or defect claims relating to such Services, whichever is later; (ii) provide written notice to Client
of at least thirty (30) days prior to any cancellation, material alteration or expiration of such
policies; (iii) to name Client as an additional insured under the terms of such policies; (iv) to
endorse such insurance policies to provide that such insurance shall be primary and
noncontributing as respects to any and all insurance maintained by Client, and to provide that
MuniReg and MuniReg’s insurers agree to release and waive all rights of subrogation against
Client; and (v) the terms of coverage shall be evidenced by certificates of insurance reflecting the
required general liability insurance coverage amounts of $1 million per occurrence, $2 million in
the aggregate, which shall be freely available to Client upon request. The insurance required by
this Section 11 shall be maintained with reputable insurance companies duly licensed to conduct
business in the state where the Services are being performed.
12. Non-Solicitation.
Each party agrees that, during the Term of this Agreement, and for a period of one (1) year
thereafter, such party shall not, directly or indirectly (including through any employer or affiliated
entity): (i) solicit, interfere with, or induce, or attempt to solicit or induce, any employee,
contractor, consultant, customer, client, or vendor of the other party or its affiliates to leave such
other party or an affiliate for any reason whatsoever; or (ii) hire or engage any employee,
contractor, or consultant of such other party or any affiliate; provided, however, that nothing in
this Section 12 will prevent or restrict a party from hiring or engaging an employee, contractor, or
consultant through a general newspaper ad or other general solicitation that is not targeted toward
an particular individual or group or individuals.
13. Miscellaneous.
(a) Captions and Section Numbers. The section or paragraph titles or captions
contained in this Agreement are for convenience only and shall not be deemed to be a part
of the context of this Agreement.
(b) Entire Agreement. This Agreement, together with its Exhibits, contains the
entire understanding between the parties hereto and supersedes any prior understandings
and/or written or oral agreements between them respecting all subject matters contained
within this Agreement. There are no representations, agreements, arrangements or
undertakings, oral or written, between and among the parties hereto relating to the subject
128619861v2
matter of this Agreement which are not fully expressed herein or in the Exhibits attached
hereto.
(c) Partial Invalidity. In the event that any provision of this Agreement may be
held to be invalid the same shall not affect in any respect whatsoever the validity of the
remainder of this Agreement.
(d) Waiver. A waiver by a party of its rights or of the performance by any other
party of any of its obligations under this Agreement shall be without prejudice to such
parties other rights under this Agreement and shall not constitute a waiver of any other of
such rights or of the performance by the other party of any other of its or their obligations
under this Agreement.
(e) Amendments. This Agreement may be amended or altered but such
amendment or alteration shall only be effective when reduced in writing and signed by
authorized representatives, heirs, and/or executors, as applicable, of all of the parties hereto.
(f) Counterparts. This Agreement may be executed into any number of
counterparts, each of which shall be deemed an original, but all of which shall together
constitute one and the same instrument. Facsimile and electronically scanned signatures
shall be deemed the same as originals and shall be legally binding.
(g) Applicable Law; Venue. This Agreement and the performance of the Services
or any of the obligations imposed by this Agreement will be governed by, and construed in
accordance with, the laws of the State of Ohio, without giving effect to any choice or conflict
of law provision or rule that would cause the application of the laws of any jurisdiction other
than the State of Ohio. Any legal action arising out of or relating to this Agreement, the
Services, or the transactions contemplated by this Agreement will be brought in the state or
federal courts located in Cuyahoga County, Ohio and each party hereto consents to the
exclusive personal jurisdiction of such courts. Each party agrees that a final judgment in any
action or proceeding so brought will be conclusive and may be enforced by suit on the
judgment or in any other manner provided by law or at equity.
(h) Notice. Any notice, offer, demand, request, consent, approval or other
instrument which may or is required to be given or made under this Agreement shall be
given or be made in writing and shall be served personally, or transmitted by e-mail or
facsimile transmission, or mailed by prepaid registered post and shall be addressed:
To the Client:
_________________________
__________________________
__________________________
Email: ____________________
128619861v2
To: MUNIREG LLC
23215 Commerce Park Rd.
Ste. 115
Beachwood, OH 44122
Email: mhalpern@munireg.com
or to such other address as any of them may from time to time advise the others by
notice given in the manner provided for in this Section 13(h).
A notice delivered by regular or certified U.S. Mail will be deemed to have been
delivered on the third business day after the postmark, if affixed by the U.S. Postal Service.
Any other notice will be deemed to have been received on the date and time of the signed
receipt or confirmation of delivery or transmission thereof, unless that receipt or
confirmation date and time is not a business day or is after 5:00 p.m. local time on a business
day, in which case such notice will be deemed to have been received on the next succeeding
business day.
(i) Successors and Assigns. All of the terms of this Agreement shall be binding
upon the respective successors and assigns of the parties hereto and shall inure to the benefit
of and be enforceable by the parties hereto and their respective successors and assigns.
Except as provided in Section 1above, MuniReg’s duties to perform Services are expressly
agreed to be personal and not to be assignable or transferable; provided; however, that
MuniReg will be permitted to transfer or assign its rights and duties hereunder in connection
with a sale or transfer of all or substantially all of its assets, equity securities, or business (by
merger, reorganization, change of control, or otherwise).
(j) Force Majeure. In the event that either party is unable to perform any of its
obligations under this Agreement, or to enjoy any of its benefits because of (or if loss of
the Services is caused by) natural disaster, actions or decrees of governmental bodies or
agencies, war, civil disturbances, terrorism or communication line failure, epidemic or
pandemic, or other cause not the fault of the affected party (each, a “Force Majeure
Event”), the party who has been so affected shall immediately give notice to the other party
and shall do everything possible to resume performance. Upon receipt of such notice, all
obligations under this Agreement shall be immediately suspended. If the period of
nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure
Event, the party whose ability has not been so affected, may, by giving written notice,
terminate this Agreement, or cancel, without cancellation charge, any unfilled commitment
to purchase or provide Services.
(k) Export Compliance. This Agreement is expressly made subject to any laws,
regulations, orders or other restrictions on the export from the United States of America of the
Services or any other technical information, software, or information about such software,
which may be imposed from time to time by the government of the United States.
Notwithstanding anything contained in this Agreement to the contrary, Client shall not
128619861v2
export, re-export, use, or store, directly or indirectly, any Services at any location or in any
market outside of the United States.
(l) No Exclusivity. This Agreement shall not require either of the parties to
purchase, order, or provide Services (or any similar services) to the other on an exclusive
basis. This Agreement shall not limit the parties from exploiting additional opportunities
for MuniReg to provide additional Services, which upon agreement, will require either: (i)
an independent and separate agreement; or (ii) a formal written amendment to this
Agreement and the attached Exhibit.
[Signatures on following page]
128619861v2
IN WITNESS WHEREOF, the parties have executed this Services Agreement as of the
Effective Date first above written.
“Client”
By: _________________________________
Print Name:
Title:
“Contractor”
___________________________________
By: ________________________________
Michael Halpern
President
128619861v2
EXHIBIT A
Services
1. MuniReg will proactively identify Properties and associated parties that are
required to register pursuant to the Ordinance, and instruct them regarding the compliance
requirements and generally assist them in complying with the Registration requirements.
2. MuniReg will electronically provide for registration of required properties pursuant
to the Ordinance.
3. MuniReg will pay for all expenses related to registration of required Properties.
4. MuniReg will electronically provide Client with access to all available information
regarding the registered Properties, as related to the Services. MuniReg will collaborate with the
Client to establish a process for proactive reporting of said information.
5. MuniReg will charge a Registration Fee as directed by the Client to each registrant
for each Property pursuant to the Ordinance.
6. MuniReg shall retain $125 of each collected Registration/Renewal Fee.
7. If there is any charge, subscription, or fee required to be paid by MuniReg for
public/official record data acquisition that is necessary to the performance of the Services,
MuniReg will deduct from remittance of Registration Fee the actual costs as reimbursement of said
charges, subscriptions, or fees.
8. During the Term, MuniReg will provide a website for the Registration of each
required property pursuant to the Ordinance in order to enable compliance. The website
www.MuniReg.com will direct Registrants to the registration portal. MuniReg will meet all
commercially reasonable IT security and anti-viral requirements of Client with respect to the
website.
9. MuniReg shall not have any responsibility or obligation to attempt to collect
outstanding receivables owed to Client from a prior service provider who performed similar
services.
THIS PAGE LEFT BLANK INTENTIONALLY
The Mounds View Vision
A Thriving Desirable Community
Item No: _05D__
Meeting Date: 06/22/2026
Type of Business: ____Consent___
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Resolution 10266, Adopting the City of Mounds View
Minnesota Government Data Practices Act Guidelines and
Procedures (aka Data Practices Policy)
Introduction:
Minnesota State Statues 13.025, Subd. 2, requires that Minnesota cities prepare a
written data access policy and update that policy each year, or more often as
necessary.
Discussion:
The Data Practices Policy was last updated in July of last year. As required by
Minnesota State Statutes, the policy must undergo an annual review and, if necessary,
revision. This year’s updates include minor date changes and several clarifying
language adjustments. There was also the addition of an entire paragraph in Chapter
3 (3.7), Access to Public Data. The draft 2026 policy is attached, with revisions
indicated in red (deletions) and blue (additions).
Here is a summary of the changes:
• Clarified what “explanation” means in Section 3.1.
• Added “or equivalent online form” to the references to Exhibit 3.
• Section 3.7 is new and responds to a recent legislative update that allows cities
to pause responding to a request if the responsible authority has made some
data available, but the requestor has not inspected data or collected copies.
• Clarified “six month” repeat request language to say that the city will not provide
data for the same request unless there is new data or a dispute.
Recommendation:
Staff recommends adopting Resolution 10266, a resolution approving the 2026 City
of Mounds View Minnesota Government Data Practices Act Guidelines and
Procedures (aka Data Practices Policy).
Respectfully submitted,
________________________
Nyle Zikmund
City Administrator
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO. 10266
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION ADOPTING A DATA PRACTICES POLICY AND
DESIGNATING THE RESPONSIBLE AUTHORITY AND COMPLIANCE OFFICIAL
WHEREAS, the City of Mounds View (the “City”) is required each year, by
August 1, to update its policy regarding procedures, obligations, and data inventories
in accordance with the Minnesota Government Data Practices Act (Minnesota
Statutes Chapter 13) (“MGDPA”); and
WHEREAS, the MGDPA requires the City to designate an individual
responsible for the collection, use, and dissemination of all data on individuals,
government data, and summary data maintained by the City (the “Responsible
Authority”); and
WHEREAS, the MGDPA further requires the City to designate an individual to
whom persons may direct questions or concerns regarding difficulties in obtaining
access to data or other data practices–related issues (the “Compliance Official”);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Mounds View hereby adopts the updated document entitled “City of Mounds View
Minnesota Government Data Practices Act Guidelines and Procedures” as the City’s
official MGDPA policy (Exhibit A).
BE IT FURTHER RESOLVED that the City Administrator is hereby designated
as the Responsible Authority for purposes of the MGDPA and the City’s MGDPA
policy.
BE IT FINALLY RESOLVED that the City Administrator is also hereby
designated as the Compliance Official for purposes of the MGDPA and the City’s
MGDPA policy.
Adopted on this 22nd day of June, 2026.
_________________________________
Zach Lindstrom, Mayor
Attest:
________________________________
Nyle Zikmund, City Administrator
(SEAL)
MU125\11\1101989.v1
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
July 2025
i
MU125\11\1101989.v1
City of Mounds View
Data Practices Procedures
Table of Contents
1.0 Introduction ..........................................................................................................................1
2.0 Responsible Authority; Compliance Official.......................................................................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
3.7 No Response from Requestor ..................................................................................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 ..........................................................................................................................6
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 ...................................................................................................10
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 Data Accuracy or Completeness ........................................................................................12
10.1 Challenge to Accuracy or Completeness of Data ..................................................12
10.2 City Employee Data ...............................................................................................12
10.3 Review ...................................................................................................................12
11.0 Data Protection...................................................................................................................13
11.1 Legal Requirement .................................................................................................13
11.2 Data Inventory .......................................................................................................13
11.3 Data Safeguards .....................................................................................................13
11.4 Data Sharing with Authorized Entities or Individuals ...........................................13
11.5 Penalties for Unlawfully Accessing Not Public Data ............................................13
ii
MU125\11\1101989.v1
City of Mounds View
Data Practices Procedures
List of Exhibits
Exhibit 1 LIST OF DESIGNEES
Exhibit 2 COPIES AND ACTUAL COST
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
MU125\11\1101989.v1
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, subd. 2 and 13.05, subd. 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 and
the City will deviate from these procedures, to the extent required.
2.0 Responsible Authority; Compliance Official. 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 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
MU125\11\1101989.v1
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.
* “Individual” is defined by Minnesota Statutes Section 13.02, subd. 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.
3
MU125\11\1101989.v1
** Private and confidential data on decedents become public data 10 years after the death of the
data subject and 30 years after the creation of the data.
3.1 People Entitled to Access. Any person has the right to inspect or view public data
or to have an explanation of the meaning of the data – an explanation of the meaning of the
data includes clarifying acronyms, lingo, or jargon, but does not include interpretation . 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.
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. (Exhibit 7 and, for copyrighted building
plans, Exhibit 11)
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 or equivalent online form).
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
4
MU125\11\1101989.v1
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.
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 data is requested by the individual that is the subject of the data 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 or based on
actual cost 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.
3.7 No Response from Requestor. If the Responsible Authority notifies the requestor
that responsive data or copies are available for inspection or collection, and the requesting
party does not inspect the data or collect the copies within five (5) business days of the
notification, the Responsible Authority may suspend any further response to the request
until the requestor inspects the data that has been made available, or collects and pays for
copies that have been produced.
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, although such list is subject to the
Act, as it may be amended, and therefore is not necessarily exhaustive.
4.1 Persons Entitled to Access.
4.1A Public information about an individual may be shown or given to anyone
for any reason.
5
MU125\11\1101989.v1
4.1B Private information about an individual may be shown or given to:
4.1B1 The individual, but only once every six months for the same request,
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. (Exhibit 6)
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 or equivalent online form) 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 that is the subject of the data will be
6
MU125\11\1101989.v1
provided within 10 days of the date of the request, excluding Saturdays, Sundays and legal
holidays if an immediate response is not possible.
4.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
4.6 Summary Data. The term “summary data” refers to statistical records and reports
derived from data on individuals but which does not identify an individual by name or
reveal any other characteristic that could uniquely identify an individual. Summary data
derived from private or confidential data is public. The Responsible Authority will prepare
summary data upon request, if the request is in writing and the requesting party pays for
the cost of preparation. The Responsible Authority must notify 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, subd. 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)
7
MU125\11\1101989.v1
4.7C Denial of Parent or Guardian Access. The Responsible Authority may
deny parent or guardian access to private data when the individual requests this
denial and the Responsible Authority determines that withholding the data would
be in the best interest of the individual. The request from the individual must be in
writing, stating the reasons for the request. In determining the best interest of the
individual, the Responsible Authority will consider:
4.7C1 Whether the individual is of sufficient age and maturity to explain
the reasons and understand the consequences;
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, although such list is subject to the Act, as it may be amended, and therefore is not
necessarily exhaustive. 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, subd. 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.
8
MU125\11\1101989.v1
5.0B A representative of the decedent may exercise the rights that the decedent
could have exercised as a living individual. A “representative of the decedent”
means a personal representative of the estate of the decedent during the period of
administration, or if no personal representative has been appointed or after
discharge, the surviving spouse, any child of the decedent, or, if there is no
surviving spouse or children, the parents of the decedent.
6.0 Access to Data Not On Individuals. Information not about individuals is classified by
law as public, nonpublic, and protected nonpublic. Information that is not about individuals will
generally be treated the same as data about individuals. Nonpublic and protected nonpublic
information, except for security information, becomes public either 10 years after it was created
by the City or 10 years after the data was received or collected by the City unless the 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. (Exhibit 7 and, for copyrighted
building plans, Exhibit 11)
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 for the
same request, 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.
(Exhibit 6)
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.
9
MU125\11\1101989.v1
6.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.2 Form of Request. Any person may request data verbally or in writing. Data will
be released depending on whether or not the City has stored the data requested and whether
the data is classified as public, nonpublic, protected nonpublic or is copyrighted.
All requests to view or receive a reproduction of nonpublic or protected nonpublic
information must be made in writing in order to verify identity. All requests to receive a
reproduction of copyrighted public, nonpublic or protected nonpublic information must be
made in writing in order to determine if the request for copyrighted material qualifies for
release under copyright law of the United States (Title 17 of the United States Code). The
Responsible Authority will provide a form (Exhibit 3 or equivalent online form) 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
10
MU125\11\1101989.v1
defined in Minnesota Statutes Section 16E.015, subd. 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.
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. (Exhibits 8 and 9)
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);
11
MU125\11\1101989.v1
9.1B3 The data subject offers information that has not been requested by
the City;
9.1B4 The information requested from the individual is about someone
else;
9.1B5 The City receives information about the subject from someone else;
or
9.1B6 The information requested from the subject is classified as public
data.
9.1C A Tennessen warning may be on a separate form (Exhibit 9) or may be
incorporated into the form which requests the private or confidential data (using
language in Exhibit 8).
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,
12
MU125\11\1101989.v1
etc.) (This directive does not prohibit employees from collecting data from third
parties).
9.2D Design forms to collect objective types of data elements whenever possible,
rather than data which calls for an opinion or conclusion or other subjective entry.
Forms for the collection of data on individuals should request only necessary data.
9.2E Department heads should periodically review forms used to collect data on
individuals. Data elements that are not necessary or that lend themselves to ambiguity
or subjectivity should be removed and the forms redesigned.
9.2F Department heads should periodically conduct quality/validity checks on
sample case files that contain data on individuals.
10.0 Data Accuracy and Completeness.
10.1 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 of which they are the subject. “Accurate” means the data are reasonably correct
and free from error. “Complete” means the data describe all of the subject’s transactions
with the City in a reasonable way.
To challenge the accuracy or completeness of data, the individual must notify the City’s
Responsible Authority in writing describing the nature of the disagreement. The statement
should describe why or how the data are inaccurate or incomplete and should also state what
the individual wants the City to do to make the data accurate or complete. Within 30 days,
the Responsible Authority or designee 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 the
Responsible Authority believes the data to be correct. Data in dispute shall be disclosed only
if the individual’s statement of disagreement is included with the disclosed data. The
Responsible Authority should provide the data subject with a written statement that informs
the data subject of the right to appeal and should also provide a copy of Minnesota Rules,
Part 1205.1600.
An individual who is dissatisfied with the Responsible Authority’s action may appeal to
the Commissioner 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.
10.2 City Employee Data. All City employees will be requested, and given appropriate
forms, to annually provide updated personal information to the Responsible Authority, as
necessary for tax, insurance, emergency notification, and other personnel purposes. Other
individuals who provide private or confidential information will also be encouraged to
provide updated information when appropriate.
13
MU125\11\1101989.v1
10.3 Review. City department managers should periodically review forms used to collect
data on individuals to delete items that are not necessary and to clarify items that may be
ambiguous. All records must be disposed of according to the City’s records retention
schedule.
11.0 Data Protection.
11.1 Legal Requirement. The adoption of this Section by the City satisfies the
requirement in Minnesota Statutes, Section 13.05, subd. 5 to establish procedures ensuring
appropriate access to not public data. By incorporating employee access to not public data
in the City’s Data Inventory in the individual employee’s position description, or both, the
City’s policy limits access to not public data to employees whose work assignment require
reasonable access. Please direct all questions regarding this Section to the Responsible
Authority.
11.2 Data Inventory. Under the requirement in Minnesota Statutes, Section 13.025,
subd. 1, the City has prepared a Data Inventory which identifies and describes all not public
data on individuals maintained by the City. To comply with the requirement set forth in
Minnesota Statutes, Section 13.05, subd. 5, the City has also modified its Data Inventory
to represent the employees who have access to not public data.
11.3 Data Safeguards.
11.3A Not public data will be stored by the City in files or databases which are
not readily accessible to individuals who do not have authorized access and will be
secured during hours when the offices are closed.
11.3B Not public data must be kept only in City offices, except when necessary
for City business.
11.3C The City will assign appropriate security roles to its employees, limit
employee access to appropriate shared network drives and implement password
protections for not public electronic data.
11.3D Only those City employees whose job responsibilities require them to have
access will be allowed access to City files and records that contain not public data.
Employee position descriptions will contain provisions identifying any not public
data accessible to the employee when a work assignment reasonably requires
access. If a City employee does not have a work assignment allowing access to the
not public data, the City will ensure that the not public data are secure. The City’s
employees will be instructed to:
11.3D1 Release or disclose not public data only to those persons, within and
outside of the City, who are authorized by law to have access to the data;
14
MU125\11\1101989.v1
11.3D2 Do not leave not public data where unauthorized individuals might
see it;
11.3D3 Password protect their computers and lock their computers before
leaving work stations;
11.3D4 Secure not public data within locked work spaces and in locked file
cabinets; and
11.3D5 Shred not public data before disposing of them.
In the event of a temporary duty assigned to a City employee, the employee may
access certain not public data for as long as the work is assigned to the employee.
11.4 Data Sharing with Authorized Entities or Individuals.
11.4A When a contract with an outside party requires access to not public data,
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.
11.4B In addition to the employees listed in the City’s data inventory (see
Appendix A), the Responsible Authority, the City’s criminal prosecutor, the City
Attorney, the City Engineer, and the City Building Inspector may have access to all
not public data maintained by the City if necessary for specified duties. Any access
to not public data will be strictly limited to the data necessary to complete the work
assignment.
11.4C State or federal law may authorize the sharing of not public data in specific
circumstances. Not public data may be shared with another entity if a federal or
state law allows it or mandates it. Individuals will have notice of any sharing in
applicable Tennessen warnings, or the City will obtain the individual’s informed
consent. The City will also obtain informed consent from an entity submitting not
public data for the purposes of a building permit application (Exhibit 11). Any
sharing of not public data will be strictly limited to the data necessary or required
to comply with the applicable law.
11.5 Penalties for Unlawfully Accessing Not Public Data. The City will utilize
penalties for unlawful access by its employees to not public data as provided for in
Minnesota Statutes, Section 13.09, if necessary. Penalties include suspension, dismissal,
or referring the matter to the appropriate prosecutorial authority who may pursue a criminal
misdemeanor charge.
15
MU125\11\1101989.v1
Exhibit 1
MU125\11\1101989.v1
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 Mounds View Blvd.
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
MU125\11\1101989.v1
EXHIBIT 2
COPIES AND ACTUAL COST
Copies $.25 per page
(if 100 or fewer pages of black and white
letter or legal size paper copies are requested)
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, 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.
If information is to be provided via digital means (CD or USB drive), a new, unopened product shall
be provided to the City by the requestor.
Document Charge Fee as established in the City fee schedule
(charged for certain frequently requested
documents, such as zoning codes, maps,
Exhibit 3
MU125\11\1101989.v1
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:
PHOCOPYING 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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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; much of 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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
EXHIBIT 11
Building Permit/Plans
DATA PRACTICES ADVISORY
You may be required to submit building plans with your building permit application so that the City
of Mounds View can determine whether or not your building permit application should be approved.
If you do not submit plans when they are required, your building permit will not be approved. The
Minnesota Government Data Practices Act establishes a presumption that all government data are
public and are accessible by the public for both inspection and copying unless there is a federal law, a
state statute, or a temporary classification of data that provides that certain data are not public.
Minnesota Statutes, Section 13.01 defines “government data” as being all data collected, created,
received, maintained, or disseminated by the City.
The Government Data Practices Act allows building plans to be classified as nonpublic ONLY if they
contain the following information:
Security information defined by Minnesota Statutes, Section 13.37 as being “government data the
disclosure of which the responsible authority determines 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.”
AND / OR
Trade Secret information defined by Minnesota Statutes, Section 13.37 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. If the plans are copyrighted,
they will be made available for viewing by the public but will not be allowed to be copied unless a
release is obtained by the City from the copyright holder. If you believe that your building plans qualify
for the classification of nonpublic data as described above, you must provide documentation verifying
your claim. The Responsible Authority for the City of Mounds View will determine whether the plans
qualify for nonpublic data classification within 10 business days of the request. If you do not agree
with the determination of the Responsible Authority, you may file an application for a temporary
classification of nonpublic data with the Commissioner of Administration.
Exhibit 11-2
MU125\11\1101989.v1
Building plans and related documents submitted to the City are presumed to be public and by
submitting them to the City and by 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:
_______ 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.
_______ The building plans I have submitted contain TRADE SECRET
INFORMATION as defined by Minn. Stat. § 13.37, subd. 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 trade secret information under
law.
_______ The building plans I have submitted contain SECURITY INFORMATION as
defined by Minn. Stat. § 13.37, subd. 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.
Explanation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________ ______________________________
Name of Applicant (Please Print) Date
_______________________________________ ______________________________
Signature of Applicant Property address
_______________________________________ ______________________________
Contact Address Contact phone
_______________________________________
Email address
Appendix A-1
APPENDIX A
NONPUBLIC, 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): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3
DESCRIPTION OF DATA: Data on applicants collected by the City from the applicant’s
application is private, except the following is public: name, city of residence, education and
training, employment history, volunteer work, awards and honors, and prior government service
or experience. Once appointed, the following is public: residential address and either telephone
number or email where the appointee may be reached, or both at the request of the appointee.
Audit Data (provided by State Auditor)
CLASSIFICATION(S): Protected Nonpublic/Confidential
GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5
DESCRIPTION OF DATA: Data relating to an audit, examination or investigation performed by
the State Auditor. Data provided by the State Auditor for purpose of review and verification must
be protected from unlawful disclosure.
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 benefits 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
Appendix A-2
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/Not Public/Public
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to
commence or defend pending civil litigation, or which are retained in anticipation of pending civil
litigation are classified as protected nonpublic data pursuant to Minn. Stat. § 13.02, subd. 13, in
the case of data not on individuals and confidential pursuant to Minn. Stat. § 13.02, subd. 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 Minn. Stat. § 13.88.
Council Meetings Having Data Classified as Nonpublic
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13D.05
DESCRIPTION OF DATA: Any portion of a meeting must be closed if expressly required by
other law or if the following types of data are discussed: data that would identify alleged victims
or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable
adults; active investigative data as defined in section 13.82, subd. 7, or internal affairs data relating
to allegations of law enforcement personnel misconduct collected or created by a state agency,
statewide system, or political subdivision; or educational data, health data, medical data, welfare
data, or mental health data that are not public data under section 13.32, 13.3805, subd. 1, 13.384,
or 13.46, subds. 2 or 7.
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.
Appendix A-3
Grants
CLASSIFICATION(S): Nonpublic/Private
GOVERNING STATUTE: Minn. Stat. § 13.599
DESCRIPTION OF DATA: Data created by state agency providing grants and persons/agencies
that apply for or receive grants.
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 Minn. Stat.
§ 181.932, subd. 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 Minn.
Stat. § 13.37.
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.
Judicial Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 4(e)
DESCRIPTION OF DATA: Judicial branch data disseminated to the City has the same
classification in the hands of the City as it had in the hands of judicial branch entity providing it.
Appendix A-4
Personal Contact and Online Account Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.356, 13.04, subd. 2.
DESCRIPTION OF DATA: Data on an individual collected, maintained, or received by the City
for notification purposes or as part of a subscription list for the City’s electronic periodic
publications as requested by the individual are classified as private data on individuals. This data
includes telephone numbers, e-mail addresses, internet user names and passwords, Internet
protocol addresses, and any other similar data related to the individual’s online account or access
procedures. This data may only be used for the specific purpose for which the individual provided
the data. This data also does not include data submitted for purposes of making a public comment.
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/Not Public/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 Minn. Stat. § 16C.02, subd. 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 Minn. Stat. § 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-5
Security Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data which, if the Responsible Authority determines its disclosure
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 checking account numbers, crime prevention
block maps and lists of volunteers who participate in community crime prevention programs and
the volunteers’ home and mailing addresses, telephone numbers, e-mail or other digital addresses,
Internet communication services account information or similar account information, and global
positioning system locations. If the City denies a data request based on a determination that the
data are security information, upon request, the City must provide a short description explaining
the necessity for the classification.
Service Cooperative Claims Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: 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, except when the executive director of a Minnesota service cooperative determines that
release of the data will not be detrimental to the plan or program, are classified as nonpublic data
not on individuals.
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.
Social Security Numbers on Mailings
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.355, subd. 3
DESCRIPTION OF DATA: The City may not mail, deliver, or cause to be mailed or delivered an
item that displays a Social Security number on the outside of the item or if it is visible without
opening the item.
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)
Appendix A-6
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.
Utility Disconnection Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.681, subd. 6
DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding
disconnection of gas or electric service are private data on individuals or nonpublic data.
ADMINISTRATION
Absentee Ballots
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37 and 13.607, subd. 7 and 203B.12, subd. 7
DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are
private and nonpublic. Names of voters submitting absentee ballots may not be made available
for public inspection until the close of voting on Election Day.
Assessor’s Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.51
DESCRIPTION OF DATA: Data contained on sales sheets received from private multiple listing
service organizations is private where the contract with the organizations requires the City to
refrain from making the data available to the public. The following data collected by the City from
individuals or business entities concerning income properties are private or nonpublic: (a) detailed
income and expense figures; average vacancy factors; verified net rentable areas or net usable area,
whichever is appropriate; anticipated income and expenses; projected vacancy factors; and lease
information. Income information on individuals collected and maintained by the City to determine
eligibility of property for class 4d under Minn. Stat. § 273.128 and 273.13, is private data on
individuals.
Candidates for Election to City Council
CLASSIFICATION(S): Public/Private
GOVERNING STATUTE: Op. Atty. Gen. No. 852, October 6, 2006; Advisory Opinion No. 05-
036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. 1b
DESCRIPTION OF DATA: Data created, collected, or maintained about an individual candidate
for election to the City Council is public. An affidavit of candidacy must state an address of
residence and telephone number. The candidate may request that the address be classified as
private data by certifying that a police report has been submitted or an order for protection has
been issued in regard to the safety of the candidate or candidate’s family, or that the candidate’s
address is otherwise private pursuant to Minnesota law.
Appendix A-7
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 Minn. Stat. § 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.
Homestead Applications
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.4965, subd. 3, 273.124, subd. 13
DESCRIPTION OF DATA: Social Security numbers, affidavits, or other proofs of entitlement to
homestead status that are submitted by property owners or their spouses are private data on
individuals. The data may be disclosed to the Commissioner of Revenue or, under limited
circumstances, the County Treasurer.
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.
Appendix A-8
Municipal Self-Insurer Claims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5
DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual
under a self-insured health benefit plan of a municipality are private.
Registered Voter Lists
CLASSIFICATION(S): Confidential/Public
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 Minn. Stat. § 13.82, subd. 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 Minn. Stat. § 13.82, subd. 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.
Appendix A-9
PLANNING
Appraisal Data
CLASSIFICATION(S): Confidential/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Estimated or appraised values of property that are made by the City
or by an independent appraiser acting for the City for the purpose of selling or acquiring land
through purchase or condemnation are classified as confidential data on individuals or protected
nonpublic data. 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
Appendix A-10
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
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.
Planning Questionnaires
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal
descriptions of property owned by individuals and businesses, when collected in surveys of
individuals conducted by the City for the purposes of planning, development, and redevelopment.
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.
Appendix A-11
PERSONNEL
Applicant Information
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about people who are or were an employee, an
applicant for employment, a volunteer, or an independent contractor is private with the following
exceptions which are public:
Veteran status
Relevant test scores
Rank on eligibility list
Job history
Education and training
Work availability
Name, after being certified as eligible for appointment to a vacancy or when considered a
finalist for a position of public employment (which occurs when the person has been
selected to be interviewed by the appointing authority)
Names of applicants for appointment to and members of an advisory board or commission.
Applicants to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an applicant to or
an appointed member of a public body is private with the following exceptions which are public:
Name
City of Residence
Education and Training
Employment History
Volunteer Work
Awards and Honors
Prior Government Service
Appointed (Not Elected) Members to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an appointed, not
elected, to a public body is private, with the following exceptions which are public:
Name
City of Residence
Education and Training
Employment History
Volunteer Work
Awards and Honors
Prior Government Service
Appendix A-12
Residential Address
Either a telephone number or electronic mail address where the appointee can be reached,
or both, at the request of the appointee
Employee Assistance Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.43, subd. 7
DESCRIPTION OF DATA: Employee assistance program data, such as training, assessment,
counseling, and referral services for employees and their dependents, are private data on
individuals.
Employee Data Generally
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about current and former City employees,
volunteers, and independent contractors are private with the following exceptions which are
public:
Name
Actual gross salary
Salary Range
Contract fees
Actual gross pension
Value and nature of employer paid fringe benefits
Basis for and the amount of added remuneration, including expense reimbursement, in
addition to salary
Job title
Job description
Education and training background
Previous work experience
Date of first and last employment
The existence and status (but not nature) of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in a disciplinary action
Final disposition of any disciplinary action, with specific reasons for the action and data
documenting the basis of the action, excluding data that would identify confidential sources
who are employees of the public body
Terms of any agreement settling any dispute arising from the employment relationship,
including a “buyout” agreement
Work location
Work telephone number
Badge number
Honors and awards received
Payroll time sheets or other comparable data that are only used to account for employee’s
work time for payroll purposes, except to the extent that release of time sheet data would
Appendix A-13
reveal the employee’s reasons for the use of sick or other medical leave or other non-public
data.
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.43, 13.7905, subd. 5(c), 181.954, subd. 2 and 3
DESCRIPTION OF DATA: Test results and other information acquired in an employee drug and
alcohol testing process are private data on individuals.
Employment and Training Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.47
DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated
because an individual applies for, is currently enrolled in, or has been enrolled in employment and
training programs funded with federal, state or local resources are private data on individuals.
Examination Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Data consisting solely of testing or examination materials or scoring
keys used solely to determine individual qualifications for appointment or promotion, the
disclosure of which would compromise the objectively or fairness of the testing or examination
process are classified as nonpublic, except pursuant to court order.
Harassment
CLASSIFICATION(S): Confidential/Private
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 8
DESCRIPTION OF DATA: When there is a harassment complaint against an employee, the
employee may not have access to data that would identify the complainant or other witnesses if
the data would threaten the personal safety of the complainant or witness or subject the
complainant or witness to harassment. However, summary information will be provided to the
employee in order for him/her to prepare for a disciplinary proceeding that has been initiated.
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,
including: investigative data in an open case file; the name and address of the charging party or
respondent, factual basis of the allegations, and statute or ordinance under which the charge is
brought; investigative data in a closed case file.
Appendix A-14
Labor Relations Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and noneconomic items that
have not been presented during the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management position is classified as
nonpublic data with regard to data not on individuals and as private data with regard to data on
individuals.
Personnel and Employment Data
CLASSIFICATION(S): Private/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
Minn. Stat. § 13.43, subd. 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.
Protection of Employee or Others
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd 11
DESCRIPTION OF DATA: If it is reasonably necessary to protect an employee from harm to self
or to protect another person who may be harmed by the employee, information that is relevant to
the safety concerns may be released to (1) the person who may be harmed or to the person’s
attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the
commitment process, or (3) a court, law enforcement agency or prosecuting authority.
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.
Undercover Law Enforcement Officer
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 5
DESCRIPTION OF DATA: All personnel data about an undercover law enforcement officer is
private until no longer assigned to those duties. Then, the officer is subject to the same rules
applicable to other employees unless the law enforcement agency determines that revealing the
data would threaten the officer’s safety or jeopardize an active investigation.
Public Safety Peer Counseling and Critical Incident Stress Management Data
CLASSIFICATION(S): Private
Appendix A-15
GOVERNING STATUTE: Minn. Stat. §§ 13.43, subd. 9, 181.9731, 181.9732
DESCRIPTION OF DATA: Data acquired by a peer support counselor in public safety peer
counseling or data acquired by a critical incident stress management team member providing
critical incident stress management services. “Public safety peer counseling” means a session or
sessions led by a peer support counselor held for an emergency service provider (peace officers,
correctional officers, probation officers, supervision agents, firefighters, rescue squad members,
dispatchers, hospital or emergency medical clinic personnel, a person who provides emergency
medical services for a Minnesota licensed ambulance service, forensic science professional, or
other person involved with public safety emergency services, either paid or volunteer) who
experienced an occupation-related trauma, illness, or stress develop skills and strategies to better
understand, cope with, and process emotions and memories tied to the trauma, illness, or stress.
This includes group sessions led by a peer support counselor, one-to-one contact with a peer
support counselor, and meetings with a peer support counselor to obtain referrals to appropriate
mental health or community support services. “Critical incident stress management services”
means consultation, risk assessment, education, intervention, and other crisis intervention services
provided by a critical incident stress management team or critical incident stress management team
member to an emergency service provider affected by a critical incident. The data shall not be
disclosed to third parties as it is classified as private data. Exceptions include when disclosure: (1)
is necessary to prevent harm to self by the recipient of the services or to prevent the person from
harming someone else; (2) is required by mandatory reporting laws; (3) is authorized by the person
who received services and the person provides written consent; (4) is authorized by the living
spouse or estate administrator of a deceased person who received services; or (5) is required under
limited circumstances related to testimony.
PUBLIC SAFETY
Arson Investigation
CLASSIFICATION(S): Confidential/Public
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, Minn.
Stat. § 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,
Minn. Stat., Chapter 260E
DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child
abuse or neglect reported under Minn. Stat. § 626.556 are private data on individuals. Active or
inactive investigative data that identify a reporter of child abuse or neglect under Minn. Stat. §
626.556 are confidential data on individuals, unless the subject of the report compels disclosure
under Minn. Stat. § 626.556, subd. 11. Investigative data that become inactive under Minnesota
Statutes, Section 626.556, subd. 7(a) or (b) and that relate to the alleged abuse or neglect of a child
by a person responsible for the child’s care, as defined in Minn. Stat. § 626.556, subd. 2 are private
Appendix A-16
data. Various child maltreatment classifications and requirements re-organized under Minnesota
Statutes Chapter 260E.
Civil Commitment Data
CLASSIFICATION(S):
GOVERNING STATUTE: Minn. Stat. § 253B.185, subd. 1(b)
DESCRIPTION OF DATA: Notwithstanding any provision of Minnesota Statutes, Chapter 13, a
county attorney considering the civil commitment of a person may obtain records and data from
the City upon request and without a court order.
Corrections and Detention Data
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because of
their lawful confinement or detainment in state reformatories, prisons and correctional facilities,
municipal or county jails, lockups, work houses, work farms and all other correctional and
detention facilities are classified as private to the extent that the release of the data would either:
(a) disclose medical, psychological or financial information or personal information not related to
their lawful confinement or detainment or (b) endanger an individual’s life. Corrections and
detention data are confidential to the extent that the data would (a) endanger an individual’s life,
(b) endanger the effectiveness of an investigation authorized by statute relating to the enforcement
of rules or law, (c) identify a confidential informant, or (d) clearly endanger the security of any
institution or its population.
Crime Victim Notice of Release
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06
DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a
victim’s request for notice of release and a notice of release made pursuant to Minn. Stat. §
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 Minn. Stat. § 13.02, subd. 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: Criminal history data maintained by agencies, political subdivisions
and statewide systems are classified as private, pursuant to Minnesota Statutes, Section 13.02,
subd. 12, except that the 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
Appendix A-17
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 maintained in the integrated search service is private. An
individual who is the subject of the data may only be provided with (1) a list of government entities
that provided public or private data about the individual and (2) data that describes what is
maintained about the individual at each government entity on the list.
Criminal History Data – Discharge / Dismissal of Crime
CLASSIFICATION(S): Not Public
GOVERNING STATUTE: Minn. Stat. § 13.871
DESCRIPTION OF DATA: Data in criminal discharge and dismissal records is classified under
Minn. Stat. § 609.3751, subd. 5.
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, Minn. Stat. § 518B.01 are classified as
confidential data, pursuant to Minn. Stat. § 13.02, subd. 3, until a temporary court order made
pursuant to subdivisions 5 or 7 of Minn. Stat. § 518B.01 is executed or served upon the data subject
who is the respondent to the action.
E-Charging Data
CLASSIFICATION(S): Private/Nonpublic, Confidential /Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.871, subd. 11 and 299C.41.
DESCRIPTION OF DATA: Credentialing data is private or nonpublic data. Auditing data and
workflow and routing data are classified as provided by other law.
EMT or First Responder Misconduct Data
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3.
DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical
technicians-intermediate, emergency medical technicians-paramedic or first responders’
misconduct are considered to be confidential or protected nonpublic while an investigation is
active. Except for the Emergency Medical Services Regulatory Board’s final determination, all
communications or information received by or disclosed to the Board relating to disciplinary
matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and
privileged and any disciplinary hearing shall be closed to the public.
Appendix A-18
Emergency Telephone Service
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6, 403.07, subd. 3 and 4
DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system
are private data subject only to public safety exceptions.
Explosives or Blasting Agents
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.6905, subd. 28a; Minn. Stat. § 299F.28 and 299F.75,
subd. 4
DESCRIPTION OF DATA: Data related to use and storage of explosives by individuals holding
a permit, including locations of storage, place, and time of intended use of explosives or blasting
agents, and place and means of storage of explosives or blasting agents are nonpublic. Data may
be shared with a government entity or utility whose job duties require access to a facility containing
explosives but may not be disclosed to anyone not directly involved in work to be completed at
the site where the explosives or blasting agents are stored or used.
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 data on individuals.
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 Minn. Stat. § 299F.091 to 299F.099 are classified as nonpublic data.
Health Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1
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.
Integrated Search Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.873
Appendix A-19
DESCRIPTION OF DATA: Data on individuals stored on one or more databases maintained by
criminal justice agencies and accessible through the integrated search service operated by the
Bureau of Criminal Apprehension are private.
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal
correctional 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 data on individuals.
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, 626.19
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, subd. 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, subd. 17.
A law enforcement agency may make any data classified as confidential or protected nonpublic
pursuant to Minn. Stat. 13.82, subd. 7 or as private or nonpublic under Minn. Stat. 13.825 or Minn.
Stat. 626.19 accessible to any person, agency, or the public if the agency determines that the access
will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
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 Minn. Stat. § 259.10, subd. 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-20
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 Minn. Stat. § 243.166 are private data on
individuals.
Data included in a missing children bulletin distributed pursuant to Minn. Stat. § 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.
Data collected by a law enforcement agency using an unmanned aerial vehicle (“UAV”) are private
data on individuals or nonpublic data, subject to certain conditions and exceptions. Data collected
by a UAV must be deleted as soon as possible or no later than seven days after collection unless
the data is part of an active criminal investigation.
Orders for Protection, Harassment Restraining Orders, and No Contact Orders
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13, 299C.46, subd. 6, and 626.8457,
Appendix A-21
subd. 3
DESCRIPTION OF DATA: Data from orders for protection, harassment restraining orders, and
no contact orders and data entered by law enforcement to assist in enforcement of those orders are
private data on individuals. Data about the offender can be shared with the victim for purposes of
enforcement of the order.
Peace Officer Discipline Procedures
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(o), 626.89, subd. 6, 13.43, and
626.8457, subd. 3
DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in connection
with a peace officer disciplinary matter; identities of confidential informants in such matters;
identities of witnesses expected to testify in disciplinary hearings. Certain data must be reported
to the Minnesota Board of Police Officer Standards and Training (“POST Board”).
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 Minn.
Stat. § 260B.171, subd. 5.
Peace Officer Reports on Accidents
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 169.09, subd. 13
DESCRIPTION OF DATA: Data collected by law enforcement agencies as required for a report
of an accident under Minnesota Statutes, Section 169.09, subd. 8. Data must be disclosed to, upon
written request by, individuals involved in an accident or representing the individual’s estate,
surviving spouse, next of kin, or an appointed trustee, or other person injured in person, property,
or means of support, or who incurs other pecuniary loss by virtue of the accident.
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 data on individuals.
Safe at Home Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07, subd. 1(b).
DESCRIPTION OF DATA: Identity and location data on a Safe at Home program participant not
otherwise classified by law are private data. “Program participant” means an individual certified
as a program participant under Minn. Stat. § 5B.03. “Identity and location data” means any data
used to identify or physically locate a program participant, including but not limited to the program
Appendix A-22
participant’s name, residential address, work address, and school address, and that is collected
received or maintained prior to the date a program participant’s certification expires, or notice of
withdrawal from the participant. Private or confidential identity and location data on a program
participant who submits a notice in writing that the participant is certified in the Safe at Home
address confidentiality program may not be shared with any other government entity or
disseminated to any person unless 1) the program participant has expressly consented in writing
to sharing the dissemination of the data for the purpose in which the sharing will occur; 2) the data
are subject to dissemination pursuant to a court order; 3) the data are subject to sharing pursuant
to Minn. Stat. § 5B.07, subd. 2; 4) the location data related to county of residence are needed to
provide public assistance or other government services, or to allocate financial responsibility for
the assistance or services; 5) the data are necessary to perform a government entity's health, safety,
or welfare functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of
services or locations for compliance with health, safety, or professional standards; or 6) the data
are necessary to aid an active law enforcement investigation of the program participant.
Regardless of whether certification has been submitted, the City must accept the address
designated by the Secretary of State as a program participant’s address and is subject to the
requirements contained in Minn. Stat. § 5B.05.
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 on individuals
must be handled in accordance with Minn. Stat. § 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 on individuals, 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 Minn. Stat. § 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-23
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 Minn. Stat. §
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 Minn. Stat. § 13.03, subd. 6 or 611A.90.
Visa Eligibility Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 611A.95
DESCRIPTION OF DATA: Data provided to a local law enforcement agency for the purposes of
certification for "U nonimmigrant status" (or "U visa"). U nonimmigrant status is for victims of
certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or
government officials in the investigation or prosecution of criminal activity. Local law
enforcement agencies must not disclose the immigration status of victims of certain criminal
activity as described by the federal Immigration and Nationality Act, except to comply with a
federal law or legal process or when given authority by the victim or the victim's legal
representative requesting certification.
Vulnerable Adult Report Records
CLASSIFICATION(S): Private/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 Minn. Stat. § 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.
Appendix A-24
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
Adopted by the City of Mounds View on this 14th day of July, 2025.
__________________________________________
Zach Lindstrom, Mayor
__________________________________________
Nyle Zikmund, City Administrator
MU125\11\1101989.v1
EXHIBIT A
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
June 2026
i
MU125\11\1101989.v1
City of Mounds View
Data Practices Procedures
Table of Contents
1.0 Introduction ..........................................................................................................................1
2.0 Responsible Authority; Compliance Official.......................................................................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
3.7 No Response from Requestor ..................................................................................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 ..........................................................................................................................6
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 ...................................................................................................10
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 Data Accuracy or Completeness ........................................................................................12
10.1 Challenge to Accuracy or Completeness of Data ..................................................12
10.2 City Employee Data ...............................................................................................12
10.3 Review ...................................................................................................................12
11.0 Data Protection...................................................................................................................13
11.1 Legal Requirement .................................................................................................13
11.2 Data Inventory .......................................................................................................13
11.3 Data Safeguards .....................................................................................................13
11.4 Data Sharing with Authorized Entities or Individuals ...........................................13
11.5 Penalties for Unlawfully Accessing Not Public Data ............................................13
ii
MU125\11\1101989.v1
City of Mounds View
Data Practices Procedures
List of Exhibits
Exhibit 1 LIST OF DESIGNEES
Exhibit 2 COPIES AND ACTUAL COST
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
MU125\11\1101989.v1
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, subd. 2 and 13.05, subd. 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 and
the City will deviate from these procedures, to the extent required.
2.0 Responsible Authority; Compliance Official. 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 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
MU125\11\1101989.v1
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.
* “Individual” is defined by Minnesota Statutes Section 13.02, subd. 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.
3
MU125\11\1101989.v1
** Private and confidential data on decedents become public data 10 years after the death of the
data subject and 30 years after the creation of the data.
3.1 People Entitled to Access. Any person has the right to inspect or view public data
or to have an explanation of the meaning of the data – an explanation of the meaning of the
data includes clarifying acronyms, lingo, or jargon, but does not include interpretation. 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.
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. (Exhibit 7 and, for copyrighted building
plans, Exhibit 11)
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 or equivalent online form).
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
4
MU125\11\1101989.v1
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.
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 data is requested by the individual that is the subject of the data 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 or based on
actual cost 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.
3.7 No Response from Requestor. If the Responsible Authority notifies the requestor
that responsive data or copies are available for inspection or collection, and the requesting
party does not inspect the data or collect the copies within five (5) business days of the
notification, the Responsible Authority may suspend any further response to the request
until the requestor inspects the data that has been made available, or collects and pays for
copies that have been produced.
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, although such list is subject to the
Act, as it may be amended, and therefore is not necessarily exhaustive.
4.1 Persons Entitled to Access.
4.1A Public information about an individual may be shown or given to anyone
for any reason.
5
MU125\11\1101989.v1
4.1B Private information about an individual may be shown or given to:
4.1B1 The individual, but only once every six months for the same request,
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. (Exhibit 6)
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 or equivalent online form) 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 that is the subject of the data will be
6
MU125\11\1101989.v1
provided within 10 days of the date of the request, excluding Saturdays, Sundays and legal
holidays if an immediate response is not possible.
4.5 Fees. Fees will be charged in the same manner as for public information and are
summarized in Exhibit 2.
4.6 Summary Data. The term “summary data” refers to statistical records and reports
derived from data on individuals, but which does not identify an individual by name or
reveal any other characteristic that could uniquely identify an individual. Summary data
derived from private or confidential data is public. The Responsible Authority will prepare
summary data upon request, if the request is in writing and the requesting party pays for
the cost of preparation. The Responsible Authority must notify 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, subd. 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)
7
MU125\11\1101989.v1
4.7C Denial of Parent or Guardian Access. The Responsible Authority may
deny parent or guardian access to private data when the individual requests this
denial and the Responsible Authority determines that withholding the data would
be in the best interest of the individual. The request from the individual must be in
writing, stating the reasons for the request. In determining the best interest of the
individual, the Responsible Authority will consider:
4.7C1 Whether the individual is of sufficient age and maturity to explain
the reasons and understand the consequences;
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, although such list is subject to the Act, as it may be amended, and therefore is not
necessarily exhaustive. 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, subd. 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.
8
MU125\11\1101989.v1
5.0B A representative of the decedent may exercise the rights that the decedent
could have exercised as a living individual. A “representative of the decedent”
means a personal representative of the estate of the decedent during the period of
administration, or if no personal representative has been appointed or after
discharge, the surviving spouse, any child of the decedent, or, if there is no
surviving spouse or children, the parents of the decedent.
6.0 Access to Data Not On Individuals. Information not about individuals is classified by
law as public, nonpublic, and protected nonpublic. Information that is not about individuals will
generally be treated the same as data about individuals. Nonpublic and protected nonpublic
information, except for security information, becomes public either 10 years after it was created
by the City or 10 years after the data was received or collected by the City unless the 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. (Exhibit 7 and, for copyrighted
building plans, Exhibit 11)
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 for the
same request, 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.
(Exhibit 6)
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.
9
MU125\11\1101989.v1
6.1C2 Persons within the City staff, the City Council, and outside agents
(such as attorneys) whose work assignments or responsibilities reasonably
require access.
6.2 Form of Request. Any person may request data verbally or in writing. Data will
be released depending on whether or not the City has stored the data requested and whether
the data is classified as public, nonpublic, protected nonpublic or is copyrighted.
All requests to view or receive a reproduction of nonpublic or protected nonpublic
information must be made in writing in order to verify identity. All requests to receive a
reproduction of copyrighted public, nonpublic or protected nonpublic information must be
made in writing in order to determine if the request for copyrighted material qualifies for
release under copyright law of the United States (Title 17 of the United States Code). The
Responsible Authority will provide a form (Exhibit 3 or equivalent online form) 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
10
MU125\11\1101989.v1
defined in Minnesota Statutes Section 16E.015, subd. 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.
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. (Exhibits 8 and 9)
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);
11
MU125\11\1101989.v1
9.1B3 The data subject offers information that has not been requested by
the City;
9.1B4 The information requested from the individual is about someone
else;
9.1B5 The City receives information about the subject from someone else;
or
9.1B6 The information requested from the subject is classified as public
data.
9.1C A Tennessen warning may be on a separate form (Exhibit 9) or may be
incorporated into the form which requests the private or confidential data (using
language in Exhibit 8).
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,
12
MU125\11\1101989.v1
etc.) (This directive does not prohibit employees from collecting data from third
parties).
9.2D Design forms to collect objective types of data elements whenever possible,
rather than data which calls for an opinion or conclusion or other subjective entry.
Forms for the collection of data on individuals should request only necessary data.
9.2E Department heads should periodically review forms used to collect data on
individuals. Data elements that are not necessary or that lend themselves to ambiguity
or subjectivity should be removed and the forms redesigned.
9.2F Department heads should periodically conduct quality/validity checks on
sample case files that contain data on individuals.
10.0 Data Accuracy and Completeness.
10.1 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 of which they are the subject. “Accurate” means the data are reasonably correct
and free from error. “Complete” means the data describe all of the subject’s transactions
with the City in a reasonable way.
To challenge the accuracy or completeness of data, the individual must notify the City’s
Responsible Authority in writing describing the nature of the disagreement. The statement
should describe why or how the data are inaccurate or incomplete and should also state what
the individual wants the City to do to make the data accurate or complete. Within 30 days,
the Responsible Authority or designee 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 the
Responsible Authority believes the data to be correct. Data in dispute shall be disclosed only
if the individual’s statement of disagreement is included with the disclosed data. The
Responsible Authority should provide the data subject with a written statement that informs
the data subject of the right to appeal and should also provide a copy of Minnesota Rules,
Part 1205.1600.
An individual who is dissatisfied with the Responsible Authority’s action may appeal to
the Commissioner 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.
10.2 City Employee Data. All City employees will be requested, and given appropriate
forms, to annually provide updated personal information to the Responsible Authority, as
necessary for tax, insurance, emergency notification, and other personnel purposes. Other
individuals who provide private or confidential information will also be encouraged to
provide updated information when appropriate.
13
MU125\11\1101989.v1
10.3 Review. City department managers should periodically review forms used to collect
data on individuals to delete items that are not necessary and to clarify items that may be
ambiguous. All records must be disposed of according to the City’s records retention
schedule.
11.0 Data Protection.
11.1 Legal Requirement. The adoption of this Section by the City satisfies the
requirement in Minnesota Statutes, Section 13.05, subd. 5 to establish procedures ensuring
appropriate access to not public data. By incorporating employee access to not public data
in the City’s Data Inventory in the individual employee’s position description, or both, the
City’s policy limits access to not public data to employees whose work assignment require
reasonable access. Please direct all questions regarding this Section to the Responsible
Authority.
11.2 Data Inventory. Under the requirement in Minnesota Statutes, Section 13.025,
subd. 1, the City has prepared a Data Inventory which identifies and describes all not public
data on individuals maintained by the City. To comply with the requirement set forth in
Minnesota Statutes, Section 13.05, subd. 5, the City has also modified its Data Inventory
to represent the employees who have access to not public data.
11.3 Data Safeguards.
11.3A Not public data will be stored by the City in files or databases which are
not readily accessible to individuals who do not have authorized access and will be
secured during hours when the offices are closed.
11.3B Not public data must be kept only in City offices, except when necessary
for City business.
11.3C The City will assign appropriate security roles to its employees, limit
employee access to appropriate shared network drives and implement password
protections for not public electronic data.
11.3D Only those City employees whose job responsibilities require them to have
access will be allowed access to City files and records that contain not public data.
Employee position descriptions will contain provisions identifying any not public
data accessible to the employee when a work assignment reasonably requires
access. If a City employee does not have a work assignment allowing access to the
not public data, the City will ensure that the not public data are secure. The City’s
employees will be instructed to:
11.3D1 Release or disclose not public data only to those persons, within and
outside of the City, who are authorized by law to have access to the data;
14
MU125\11\1101989.v1
11.3D2 Do not leave not public data where unauthorized individuals might
see it;
11.3D3 Password protect their computers and lock their computers before
leaving work stations;
11.3D4 Secure not public data within locked work spaces and in locked file
cabinets; and
11.3D5 Shred not public data before disposing of them.
In the event of a temporary duty assigned to a City employee, the employee may
access certain not public data for as long as the work is assigned to the employee.
11.4 Data Sharing with Authorized Entities or Individuals.
11.4A When a contract with an outside party requires access to not public data,
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.
11.4B In addition to the employees listed in the City’s data inventory (see
Appendix A), the Responsible Authority, the City’s criminal prosecutor, the City
Attorney, the City Engineer, and the City Building Inspector may have access to all
not public data maintained by the City if necessary for specified duties. Any access
to not public data will be strictly limited to the data necessary to complete the work
assignment.
11.4C State or federal law may authorize the sharing of not public data in specific
circumstances. Not public data may be shared with another entity if a federal or
state law allows it or mandates it. Individuals will have notice of any sharing in
applicable Tennessen warnings, or the City will obtain the individual’s informed
consent. The City will also obtain informed consent from an entity submitting not
public data for the purposes of a building permit application (Exhibit 11). Any
sharing of not public data will be strictly limited to the data necessary or required
to comply with the applicable law.
11.5 Penalties for Unlawfully Accessing Not Public Data. The City will utilize
penalties for unlawful access by its employees to not public data as provided for in
Minnesota Statutes, Section 13.09, if necessary. Penalties include suspension, dismissal,
or referring the matter to the appropriate prosecutorial authority who may pursue a criminal
misdemeanor charge.
Exhibit 1
MU125\11\1101989.v1
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 Mounds View Blvd.
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
MU125\11\1101989.v1
EXHIBIT 2
COPIES AND ACTUAL COST
Copies $.25 per page
(if 100 or fewer pages of black and white
letter or legal size paper copies are requested)
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, 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.
If information is to be provided via digital means (CD or USB drive), a new, unopened product shall
be provided to the City by the requestor.
Document Charge Fee as established in the City fee schedule
(charged for certain frequently requested
documents, such as zoning codes, maps,
Exhibit 3
MU125\11\1101989.v1
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:
PHOCOPYING 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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
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; much of 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
MU125\11\1101989.v1
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
MU125\11\1101989.v1
EXHIBIT 11
Building Permit/Plans
DATA PRACTICES ADVISORY
You may be required to submit building plans with your building permit application so that the City
of Mounds View can determine whether or not your building permit application should be approved.
If you do not submit plans when they are required, your building permit will not be approved. The
Minnesota Government Data Practices Act establishes a presumption that all government data are
public and are accessible by the public for both inspection and copying unless there is a federal law, a
state statute, or a temporary classification of data that provides that certain data are not public.
Minnesota Statutes, Section 13.01 defines “government data” as being all data collected, created,
received, maintained, or disseminated by the City.
The Government Data Practices Act allows building plans to be classified as nonpublic ONLY if they
contain the following information:
Security information defined by Minnesota Statutes, Section 13.37 as being “government data the
disclosure of which the responsible authority determines 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.”
AND / OR
Trade Secret information defined by Minnesota Statutes, Section 13.37 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. If the plans are copyrighted,
they will be made available for viewing by the public but will not be allowed to be copied unless a
release is obtained by the City from the copyright holder. If you believe that your building plans qualify
for the classification of nonpublic data as described above, you must provide documentation verifying
your claim. The Responsible Authority for the City of Mounds View will determine whether the plans
qualify for nonpublic data classification within 10 business days of the request. If you do not agree
with the determination of the Responsible Authority, you may file an application for a temporary
classification of nonpublic data with the Commissioner of Administration.
Exhibit 11-2
MU125\11\1101989.v1
Building plans and related documents submitted to the City are presumed to be public and by
submitting them to the City and by 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:
_______ 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.
_______ The building plans I have submitted contain TRADE SECRET
INFORMATION as defined by Minn. Stat. § 13.37, subd. 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 trade secret information under
law.
_______ The building plans I have submitted contain SECURITY INFORMATION as
defined by Minn. Stat. § 13.37, subd. 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.
Explanation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_______________________________________ ______________________________
Name of Applicant (Please Print) Date
_______________________________________ ______________________________
Signature of Applicant Property address
_______________________________________ ______________________________
Contact Address Contact phone
_______________________________________
Email address
Appendix A-1
APPENDIX A
NONPUBLIC, 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): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3
DESCRIPTION OF DATA: Data on applicants collected by the City from the applicant’s
application is private, except the following is public: name, city of residence, education and
training, employment history, volunteer work, awards and honors, and prior government service
or experience. Once appointed, the following is public: residential address and either telephone
number or email where the appointee may be reached, or both at the request of the appointee.
Audit Data (provided by State Auditor)
CLASSIFICATION(S): Protected Nonpublic/Confidential
GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5
DESCRIPTION OF DATA: Data relating to an audit, examination or investigation performed by
the State Auditor. Data provided by the State Auditor for purpose of review and verification must
be protected from unlawful disclosure.
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 benefits 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
Appendix A-2
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/Not Public/Public
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to
commence or defend pending civil litigation, or which are retained in anticipation of pending civil
litigation are classified as protected nonpublic data pursuant to Minn. Stat. § 13.02, subd. 13, in
the case of data not on individuals and confidential pursuant to Minn. Stat. § 13.02, subd. 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 Minn. Stat. § 13.88.
Council Meetings Having Data Classified as Nonpublic
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13D.05
DESCRIPTION OF DATA: Any portion of a meeting must be closed if expressly required by
other law or if the following types of data are discussed: data that would identify alleged victims
or reporters of criminal sexual conduct, domestic abuse, or maltreatment of minors or vulnerable
adults; active investigative data as defined in section 13.82, subd. 7, or internal affairs data relating
to allegations of law enforcement personnel misconduct collected or created by a state agency,
statewide system, or political subdivision; or educational data, health data, medical data, welfare
data, or mental health data that are not public data under section 13.32, 13.3805, subd. 1, 13.384,
or 13.46, subds. 2 or 7.
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.
Appendix A-3
Grants
CLASSIFICATION(S): Nonpublic/Private
GOVERNING STATUTE: Minn. Stat. § 13.599
DESCRIPTION OF DATA: Data created by state agency providing grants and persons/agencies
that apply for or receive grants.
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 Minn. Stat.
§ 181.932, subd. 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 Minn.
Stat. § 13.37.
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.
Judicial Data
CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.03, subd. 4(e)
DESCRIPTION OF DATA: Judicial branch data disseminated to the City has the same
classification in the hands of the City as it had in the hands of judicial branch entity providing it.
Appendix A-4
Personal Contact and Online Account Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.356, 13.04, subd. 2.
DESCRIPTION OF DATA: Data on an individual collected, maintained, or received by the City
for notification purposes or as part of a subscription list for the City’s electronic periodic
publications as requested by the individual are classified as private data on individuals. This data
includes telephone numbers, e-mail addresses, internet user names and passwords, Internet
protocol addresses, and any other similar data related to the individual’s online account or access
procedures. This data may only be used for the specific purpose for which the individual provided
the data. This data also does not include data submitted for purposes of making a public comment.
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/Not Public/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 Minn. Stat. § 16C.02, subd. 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 Minn. Stat. § 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-5
Security Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data which, if the Responsible Authority determines its disclosure
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 checking account numbers, crime prevention
block maps and lists of volunteers who participate in community crime prevention programs and
the volunteers’ home and mailing addresses, telephone numbers, e-mail or other digital addresses,
Internet communication services account information or similar account information, and global
positioning system locations. If the City denies a data request based on a determination that the
data are security information, upon request, the City must provide a short description explaining
the necessity for the classification.
Service Cooperative Claims Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: 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, except when the executive director of a Minnesota service cooperative determines that
release of the data will not be detrimental to the plan or program, are classified as nonpublic data
not on individuals.
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.
Social Security Numbers on Mailings
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.355, subd. 3
DESCRIPTION OF DATA: The City may not mail, deliver, or cause to be mailed or delivered an
item that displays a Social Security number on the outside of the item or if it is visible without
opening the item.
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)
Appendix A-6
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.
Utility Disconnection Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.681, subd. 6
DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding
disconnection of gas or electric service are private data on individuals or nonpublic data.
ADMINISTRATION
Absentee Ballots
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37 and 13.607, subd. 7 and 203B.12, subd. 7
DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are
private and nonpublic. Names of voters submitting absentee ballots may not be made available
for public inspection until the close of voting on Election Day.
Assessor’s Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.51
DESCRIPTION OF DATA: Data contained on sales sheets received from private multiple listing
service organizations is private where the contract with the organizations requires the City to
refrain from making the data available to the public. The following data collected by the City from
individuals or business entities concerning income properties are private or nonpublic: (a) detailed
income and expense figures; average vacancy factors; verified net rentable areas or net usable area,
whichever is appropriate; anticipated income and expenses; projected vacancy factors; and lease
information. Income information on individuals collected and maintained by the City to determine
eligibility of property for class 4d under Minn. Stat. § 273.128 and 273.13, is private data on
individuals.
Candidates for Election to City Council
CLASSIFICATION(S): Public/Private
GOVERNING STATUTE: Op. Atty. Gen. No. 852, October 6, 2006; Advisory Opinion No. 05-
036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. 1b
DESCRIPTION OF DATA: Data created, collected, or maintained about an individual candidate
for election to the City Council is public. An affidavit of candidacy must state an address of
residence and telephone number. The candidate may request that the address be classified as
private data by certifying that a police report has been submitted or an order for protection has
been issued in regard to the safety of the candidate or candidate’s family, or that the candidate’s
address is otherwise private pursuant to Minnesota law.
Appendix A-7
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 Minn. Stat. § 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.
Homestead Applications
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.4965, subd. 3, 273.124, subd. 13
DESCRIPTION OF DATA: Social Security numbers, affidavits, or other proofs of entitlement to
homestead status that are submitted by property owners or their spouses are private data on
individuals. The data may be disclosed to the Commissioner of Revenue or, under limited
circumstances, the County Treasurer.
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.
Appendix A-8
Municipal Self-Insurer Claims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5
DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual
under a self-insured health benefit plan of a municipality are private.
Registered Voter Lists
CLASSIFICATION(S): Confidential/Public
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 Minn. Stat. § 13.82, subd. 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 Minn. Stat. § 13.82, subd. 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.
Appendix A-9
PLANNING
Appraisal Data
CLASSIFICATION(S): Confidential/Protected Nonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Estimated or appraised values of property that are made by the City
or by an independent appraiser acting for the City for the purpose of selling or acquiring land
through purchase or condemnation are classified as confidential data on individuals or protected
nonpublic data. 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
Appendix A-10
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
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.
Planning Questionnaires
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal
descriptions of property owned by individuals and businesses, when collected in surveys of
individuals conducted by the City for the purposes of planning, development, and redevelopment.
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.
Appendix A-11
PERSONNEL
Applicant Information
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about people who are or were an employee, an
applicant for employment, a volunteer, or an independent contractor is private with the following
exceptions which are public:
• Veteran status
• Relevant test scores
• Rank on eligibility list
• Job history
• Education and training
• Work availability
• Name, after being certified as eligible for appointment to a vacancy or when considered a
finalist for a position of public employment (which occurs when the person has been
selected to be interviewed by the appointing authority)
• Names of applicants for appointment to and members of an advisory board or commission.
Applicants to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an applicant to or
an appointed member of a public body is private with the following exceptions which are public:
• Name
• City of Residence
• Education and Training
• Employment History
• Volunteer Work
• Awards and Honors
• Prior Government Service
Appointed (Not Elected) Members to a Public Body
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601
DESCRIPTION OF DATA: Generally, all data about people who are or were an appointed, not
elected, to a public body is private, with the following exceptions which are public:
• Name
• City of Residence
• Education and Training
• Employment History
• Volunteer Work
• Awards and Honors
• Prior Government Service
Appendix A-12
• Residential Address
• Either a telephone number or electronic mail address where the appointee can be reached,
or both, at the request of the appointee
Employee Assistance Information
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.43, subd. 7
DESCRIPTION OF DATA: Employee assistance program data, such as training, assessment,
counseling, and referral services for employees and their dependents, are private data on
individuals.
Employee Data Generally
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43.
DESCRIPTION OF DATA: Generally, all data about current and former City employees,
volunteers, and independent contractors are private with the following exceptions which are
public:
• Name
• Actual gross salary
• Salary Range
• Contract fees
• Actual gross pension
• Value and nature of employer paid fringe benefits
• Basis for and the amount of added remuneration, including expense reimbursement, in
addition to salary
• Job title
• Job description
• Education and training background
• Previous work experience
• Date of first and last employment
• The existence and status (but not nature) of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in a disciplinary action
• Final disposition of any disciplinary action, with specific reasons for the action and data
documenting the basis of the action, excluding data that would identify confidential sources
who are employees of the public body
• Terms of any agreement settling any dispute arising from the employment relationship,
including a “buyout” agreement
• Work location
• Work telephone number
• Badge number
• Honors and awards received
• Payroll time sheets or other comparable data that are only used to account for employee’s
work time for payroll purposes, except to the extent that release of time sheet data would
Appendix A-13
reveal the employee’s reasons for the use of sick or other medical leave or other non-public
data.
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.43, 13.7905, subd. 5(c), 181.954, subd. 2 and 3
DESCRIPTION OF DATA: Test results and other information acquired in an employee drug and
alcohol testing process are private data on individuals.
Employment and Training Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.47
DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated
because an individual applies for, is currently enrolled in, or has been enrolled in employment and
training programs funded with federal, state or local resources are private data on individuals.
Examination Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Data consisting solely of testing or examination materials or scoring
keys used solely to determine individual qualifications for appointment or promotion, the
disclosure of which would compromise the objectively or fairness of the testing or examination
process are classified as nonpublic, except pursuant to court order.
Harassment
CLASSIFICATION(S): Confidential/Private
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 8
DESCRIPTION OF DATA: When there is a harassment complaint against an employee, the
employee may not have access to data that would identify the complainant or other witnesses if
the data would threaten the personal safety of the complainant or witness or subject the
complainant or witness to harassment. However, summary information will be provided to the
employee in order for him/her to prepare for a disciplinary proceeding that has been initiated.
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,
including: investigative data in an open case file; the name and address of the charging party or
respondent, factual basis of the allegations, and statute or ordinance under which the charge is
brought; investigative data in a closed case file.
Appendix A-14
Labor Relations Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and noneconomic items that
have not been presented during the collective bargaining process or interest arbitration, including
information specifically collected or created to prepare the management position is classified as
nonpublic data with regard to data not on individuals and as private data with regard to data on
individuals.
Personnel and Employment Data
CLASSIFICATION(S): Private/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
Minn. Stat. § 13.43, subd. 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.
Protection of Employee or Others
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd 11
DESCRIPTION OF DATA: If it is reasonably necessary to protect an employee from harm to self
or to protect another person who may be harmed by the employee, information that is relevant to
the safety concerns may be released to (1) the person who may be harmed or to the person’s
attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the
commitment process, or (3) a court, law enforcement agency or prosecuting authority.
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.
Undercover Law Enforcement Officer
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.43 subd. 5
DESCRIPTION OF DATA: All personnel data about an undercover law enforcement officer is
private until no longer assigned to those duties. Then, the officer is subject to the same rules
applicable to other employees unless the law enforcement agency determines that revealing the
data would threaten the officer’s safety or jeopardize an active investigation.
Public Safety Peer Counseling and Critical Incident Stress Management Data
CLASSIFICATION(S): Private
Appendix A-15
GOVERNING STATUTE: Minn. Stat. §§ 13.43, subd. 9, 181.9731, 181.9732
DESCRIPTION OF DATA: Data acquired by a peer support counselor in public safety peer
counseling or data acquired by a critical incident stress management team member providing
critical incident stress management services. “Public safety peer counseling” means a session or
sessions led by a peer support counselor held for an emergency service provider (peace officers,
correctional officers, probation officers, supervision agents, firefighters, rescue squad members,
dispatchers, hospital or emergency medical clinic personnel, a person who provides emergency
medical services for a Minnesota licensed ambulance service, forensic science professional, or
other person involved with public safety emergency services, either paid or volunteer) who
experienced an occupation-related trauma, illness, or stress develop skills and strategies to better
understand, cope with, and process emotions and memories tied to the trauma, illness, or stress.
This includes group sessions led by a peer support counselor, one-to-one contact with a peer
support counselor, and meetings with a peer support counselor to obtain referrals to appropriate
mental health or community support services. “Critical incident stress management services”
means consultation, risk assessment, education, intervention, and other crisis intervention services
provided by a critical incident stress management team or critical incident stress management team
member to an emergency service provider affected by a critical incident. The data shall not be
disclosed to third parties as it is classified as private data. Exceptions include when disclosure: (1)
is necessary to prevent harm to self by the recipient of the services or to prevent the person from
harming someone else; (2) is required by mandatory reporting laws; (3) is authorized by the person
who received services and the person provides written consent; (4) is authorized by the living
spouse or estate administrator of a deceased person who received services; or (5) is required under
limited circumstances related to testimony.
PUBLIC SAFETY
Arson Investigation
CLASSIFICATION(S): Confidential/Public
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, Minn.
Stat. § 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,
Minn. Stat., Chapter 260E
DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child
abuse or neglect reported under Minn. Stat. § 626.556 are private data on individuals. Active or
inactive investigative data that identify a reporter of child abuse or neglect under Minn. Stat. §
626.556 are confidential data on individuals, unless the subject of the report compels disclosure
under Minn. Stat. § 626.556, subd. 11. Investigative data that become inactive under Minnesota
Statutes, Section 626.556, subd. 7(a) or (b) and that relate to the alleged abuse or neglect of a child
by a person responsible for the child’s care, as defined in Minn. Stat. § 626.556, subd. 2 are private
Appendix A-16
data. Various child maltreatment classifications and requirements re-organized under Minnesota
Statutes Chapter 260E.
Civil Commitment Data
CLASSIFICATION(S):
GOVERNING STATUTE: Minn. Stat. § 253B.185, subd. 1(b)
DESCRIPTION OF DATA: Notwithstanding any provision of Minnesota Statutes, Chapter 13, a
county attorney considering the civil commitment of a person may obtain records and data from
the City upon request and without a court order.
Corrections and Detention Data
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because of
their lawful confinement or detainment in state reformatories, prisons and correctional facilities,
municipal or county jails, lockups, work houses, work farms and all other correctional and
detention facilities are classified as private to the extent that the release of the data would either:
(a) disclose medical, psychological or financial information or personal information not related to
their lawful confinement or detainment or (b) endanger an individual’s life. Corrections and
detention data are confidential to the extent that the data would (a) endanger an individual’s life,
(b) endanger the effectiveness of an investigation authorized by statute relating to the enforcement
of rules or law, (c) identify a confidential informant, or (d) clearly endanger the security of any
institution or its population.
Crime Victim Notice of Release
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06
DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a
victim’s request for notice of release and a notice of release made pursuant to Minn. Stat. §
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 Minn. Stat. § 13.02, subd. 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: Criminal history data maintained by agencies, political subdivisions
and statewide systems are classified as private, pursuant to Minnesota Statutes, Section 13.02,
subd. 12, except that the 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
Appendix A-17
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 maintained in the integrated search service is private. An
individual who is the subject of the data may only be provided with (1) a list of government entities
that provided public or private data about the individual and (2) data that describes what is
maintained about the individual at each government entity on the list.
Criminal History Data – Discharge / Dismissal of Crime
CLASSIFICATION(S): Not Public
GOVERNING STATUTE: Minn. Stat. § 13.871
DESCRIPTION OF DATA: Data in criminal discharge and dismissal records is classified under
Minn. Stat. § 609.3751, subd. 5.
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, Minn. Stat. § 518B.01 are classified as
confidential data, pursuant to Minn. Stat. § 13.02, subd. 3, until a temporary court order made
pursuant to subdivisions 5 or 7 of Minn. Stat. § 518B.01 is executed or served upon the data subject
who is the respondent to the action.
E-Charging Data
CLASSIFICATION(S): Private/Nonpublic, Confidential /Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.871, subd. 11 and 299C.41.
DESCRIPTION OF DATA: Credentialing data is private or nonpublic data. Auditing data and
workflow and routing data are classified as provided by other law.
EMT or First Responder Misconduct Data
CLASSIFICATION(S): Confidential/Protected Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3.
DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical
technicians-intermediate, emergency medical technicians-paramedic or first responders’
misconduct are considered to be confidential or protected nonpublic while an investigation is
active. Except for the Emergency Medical Services Regulatory Board’s final determination, all
communications or information received by or disclosed to the Board relating to disciplinary
matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and
privileged and any disciplinary hearing shall be closed to the public.
Appendix A-18
Emergency Telephone Service
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6, 403.07, subd. 3 and 4
DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system
are private data subject only to public safety exceptions.
Explosives or Blasting Agents
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.6905, subd. 28a; Minn. Stat. § 299F.28 and 299F.75,
subd. 4
DESCRIPTION OF DATA: Data related to use and storage of explosives by individuals holding
a permit, including locations of storage, place, and time of intended use of explosives or blasting
agents, and place and means of storage of explosives or blasting agents are nonpublic. Data may
be shared with a government entity or utility whose job duties require access to a facility containing
explosives but may not be disclosed to anyone not directly involved in work to be completed at
the site where the explosives or blasting agents are stored or used.
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 data on individuals.
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 Minn. Stat. § 299F.091 to 299F.099 are classified as nonpublic data.
Health Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1
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.
Integrated Search Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.873
Appendix A-19
DESCRIPTION OF DATA: Data on individuals stored on one or more databases maintained by
criminal justice agencies and accessible through the integrated search service operated by the
Bureau of Criminal Apprehension are private.
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal
correctional 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 data on individuals.
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, 626.19
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, subd. 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, subd. 17.
A law enforcement agency may make any data classified as confidential or protected nonpublic
pursuant to Minn. Stat. 13.82, subd. 7 or as private or nonpublic under Minn. Stat. 13.825 or Minn.
Stat. 626.19 accessible to any person, agency, or the public if the agency determines that the access
will aid the law enforcement process, promote public safety, or dispel widespread rumor or unrest.
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 Minn. Stat. § 259.10, subd. 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-20
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 Minn. Stat. § 243.166 are private data on
individuals.
Data included in a missing children bulletin distributed pursuant to Minn. Stat. § 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.
Data collected by a law enforcement agency using an unmanned aerial vehicle (“UAV”) are private
data on individuals or nonpublic data, subject to certain conditions and exceptions. Data collected
by a UAV must be deleted as soon as possible or no later than seven days after collection unless
the data is part of an active criminal investigation.
Orders for Protection, Harassment Restraining Orders, and No Contact Orders
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13, 299C.46, subd. 6, and 626.8457,
Appendix A-21
subd. 3
DESCRIPTION OF DATA: Data from orders for protection, harassment restraining orders, and
no contact orders and data entered by law enforcement to assist in enforcement of those orders are
private data on individuals. Data about the offender can be shared with the victim for purposes of
enforcement of the order.
Peace Officer Discipline Procedures
CLASSIFICATION(S): Confidential/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(o), 626.89, subd. 6, 13.43, and
626.8457, subd. 3
DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in connection
with a peace officer disciplinary matter; identities of confidential informants in such matters;
identities of witnesses expected to testify in disciplinary hearings. Certain data must be reported
to the Minnesota Board of Police Officer Standards and Training (“POST Board”).
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 Minn.
Stat. § 260B.171, subd. 5.
Peace Officer Reports on Accidents
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 169.09, subd. 13
DESCRIPTION OF DATA: Data collected by law enforcement agencies as required for a report
of an accident under Minnesota Statutes, Section 169.09, subd. 8. Data must be disclosed to, upon
written request by, individuals involved in an accident or representing the individual’s estate,
surviving spouse, next of kin, or an appointed trustee, or other person injured in person, property,
or means of support, or who incurs other pecuniary loss by virtue of the accident.
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 data on individuals.
Safe at Home Program Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07, subd. 1(b).
DESCRIPTION OF DATA: Identity and location data on a Safe at Home program participant not
otherwise classified by law are private data. “Program participant” means an individual certified
as a program participant under Minn. Stat. § 5B.03. “Identity and location data” means any data
used to identify or physically locate a program participant, including but not limited to the program
Appendix A-22
participant’s name, residential address, work address, and school address, and that is collected
received or maintained prior to the date a program participant’s certification expires, or notice of
withdrawal from the participant. Private or confidential identity and location data on a program
participant who submits a notice in writing that the participant is certified in the Safe at Home
address confidentiality program may not be shared with any other government entity or
disseminated to any person unless 1) the program participant has expressly consented in writing
to sharing the dissemination of the data for the purpose in which the sharing will occur; 2) the data
are subject to dissemination pursuant to a court order; 3) the data are subject to sharing pursuant
to Minn. Stat. § 5B.07, subd. 2; 4) the location data related to county of residence are needed to
provide public assistance or other government services, or to allocate financial responsibility for
the assistance or services; 5) the data are necessary to perform a government entity's health, safety,
or welfare functions, including the provision of emergency 911 services, the assessment and
investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of
services or locations for compliance with health, safety, or professional standards; or 6) the data
are necessary to aid an active law enforcement investigation of the program participant.
Regardless of whether certification has been submitted, the City must accept the address
designated by the Secretary of State as a program participant’s address and is subject to the
requirements contained in Minn. Stat. § 5B.05.
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 on individuals
must be handled in accordance with Minn. Stat. § 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 on individuals, 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 Minn. Stat. § 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-23
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 Minn. Stat. §
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 Minn. Stat. § 13.03, subd. 6 or 611A.90.
Visa Eligibility Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 611A.95
DESCRIPTION OF DATA: Data provided to a local law enforcement agency for the purposes of
certification for "U nonimmigrant status" (or "U visa"). U nonimmigrant status is for victims of
certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or
government officials in the investigation or prosecution of criminal activity. Local law
enforcement agencies must not disclose the immigration status of victims of certain criminal
activity as described by the federal Immigration and Nationality Act, except to comply with a
federal law or legal process or when given authority by the victim or the victim's legal
representative requesting certification.
Vulnerable Adult Report Records
CLASSIFICATION(S): Private/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 Minn. Stat. § 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.
Appendix A-24
City of Mounds View
Minnesota Government Data Practices Act
Guidelines and Procedures
Adopted on this 22nd day of June, 2026.
__________________________________________
Zach Lindstrom, Mayor
__________________________________________
Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
Item No: 5.E.
Meeting Date: June 22, 2026
Type of Business: Consent Agenda
Administrator review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Rayla Sue Ewald, Human Resource Director
Item Title/Subject: Resolution 10267 Authorize an Internal Recruitment Process for
Sergeant
Introduction:
The Police Department had a Sergeant apply and receive an offer for the Police Officer
Investigator assignment. This leaves the Sergeant position vacant. At this time, staff would like to
begin an internal recruitment process to fill the sergeant position.
Discussion:
Staff is requesting to start a five-day internal recruitment process for the Police Sergeant position.
This is a Union, Non-Exempt position. If the internal process is unsuccessful, an open recruitment
process would immediately follow. The HR Committee supports the request. Wages are listed:
2026 - Sergeant
Step 1
80%
Start
Step 2
85%
6 months
Step 3
90%
12 months
Step 4
95%
24 months
Step 5
100%
36 months
$51.18 $54.37 $57.57 $60.77 $63.97
Strategic Plan Strategy/Goal:
Create a culture where employees desire to work.
Financial Impact:
None, this is a budgeted position.
Recommendation:
Staff recommend approval of Resolution 10267, Authorize an Internal Recruitment Process for
Sergeant.
Respectfully submitted,
_______________________
Rayla Sue Ewald
Human Resource Director
Attachment: Res. No. 10267
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO 10267
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZE AN INTERNAL RECRUITMENT PROCESS FOR SERGEANT
WHEREAS, the Police Department had a Sergeant apply and receive an offer for
the Police Officer Investigator assignment, leaving a Sergeant position vacant; and
WHEREAS, Staff, supported by the HR Committee, request a five-day internal
recruitment process for the Union, Non-Exempt Police Sergeant position. If the internal
process is unsuccessful, an open recruitment process for the position would immediately
follow:
2026 - Sergeant
Step 1
80%
Start
Step 2
85%
6 months
Step 3
90%
12 months
Step 4
95%
24 months
Step 5
100%
36 months
$51.18 $54.37 $57.57 $60.77 $63.97
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
authorizes Staff to complete the following:
• Complete an internal recruitment process for the position of Police Sergeant
• If the internal process is unsuccessful, proceed with an open recruitment process
for the Sergeant position
Adopted this 22nd day of June 2026.
________________________________
Zach Lindstrom, Mayor
ATTEST:
________________________________
Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
Item No: 5.F.
Meeting Date: June 22, 2026
Type of Business: Consent Agenda
Administrator review: _______
City of Mounds View Staff Report
To:
From:
Item Title/Subject:
Honorable Mayor and City Council
Rayla Sue Ewald, Human Resource Director
Resolution 10270, Approving the Status Change of Jonelle
Henry from Part-Time to Regular Full-Time Effective June 8,
2026, and begin benefits July 1, 2026
Background:
Parks and Recreation Part-Time Front Desk Lead Jonelle Henry, the one candidate to apply for
the internal posting of the Part-Time Office Assistant position at Public Works, interviewed and
was offered the Office Assistant position at the end of May. Ms. Henry became a City employee
effective January 7, 2021. Ms. Henry has worked at the Community Center since March 2018
through the YMCA in a similar capacity. She will remain working as the Part-Time Front Desk
Lead.
Discussion:
Ms. Henry started in Part-Time Office Assistant position effective June 8, 2026. Request for
approval was inadvertently missed during the previous Council meeting; however, the HR
Committee is aware of and supports the hire of Ms. Henry with benefits, as this position is in
addition to her current role of Part-Time Front Desk Lead. Both positions are Grade 2, and Ms.
Henry will be paid at Step 5, which is considered a lateral move:
2026 - Grade 2
4% 3.75% 3.75% 3.75% 3.5% 3.25% 3% 2.75%
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$21.56 $22.42 $23.26 $24.13 $25.04 $25.91 $26.76 $27.56 $28.32
Ms. Henry is eligible to begin benefits effective July 1, 2026. Effective June 8, 2026, Ms. Henry
begins accumulating vacation, sick leave, and holiday pay based as full-time scale staff.
Strategic Plan Strategy/Goal:
Create a culture where employees desire to work.
Financial Impact:
The position is a budgeted item. Benefits are estimated at $9,330 for 2026.
Recommendation:
Staff recommend City Council approve Resolution 10270, Approving the Status Change of
Jonelle Henry from Part-Time to Regular Full-Time Effective June 8, 2026, and begin
benefits July 1, 2026.
Respectfully submitted,
_______________________
Rayla Sue Ewald
Human Resource Director
Attachment: Res. No. 10268
The Mounds View Vision
A Thriving Desirable Community
RESOLUTION NO 10270
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE STATUS CHANGE OF JONELLE HENRY FROM PART-TIME TO
FULL-TIME EFFECTIVE JUNE 8, 2026, AND BEGIN BENEFITS JULY 1, 2026
WHEREAS, Parks and Recreation Part-Time Front Desk Lead Jonelle Henry
applied, interviewed, and received the Public Works Part-Time Office Assistant position,
which she began effective June 8, 2026; and
WHEREAS, Ms. Henry will be working both part-time positions of 20 hours each,
which will bring her status to full-time, making her eligible for City benefits effective July
1, 2026, and she will begin accumulating vacation, sick leave, and holiday pay based on
full-time scale effective June 8, 2026; and
WHEREAS, both positions are Grade 2, and Ms. Henry will be paid at Step 5 for
the Office Assistant position, which is the same scale as the Front Desk Lead position:
2026 - Grade 2
4% 3.75% 3.75% 3.75% 3.5% 3.25% 3% 2.75%
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
$21.56 $22.42 $23.26 $24.13 $25.04 $25.91 $26.76 $27.56 $28.32
And,
WHEREAS, Ms. Henry will adhere to a six-month probationary period in the Office
Assistant position, and advance to Step 6 effective January 1, 2027, based on Cost of
Living Adjustments (COLA).
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approve the following effective retroactive to June 8, 2026:
•Approve the hire of Jonelle Henry to the position of Public Works Part-Time Office
Assistant in addition to her current role as Parks and Recreation Part-Time Front
Desk Lead.
•Change status of Ms. Henry from part-time to full-time effective June 8, 2026..
•Ms. Henry will be eligible for full-time insurance benefits effective July 1, 2026.
•Ms. Henry will receive an increase in vacation (4.62 hours/payroll; advancing to
4.92 hours/payroll 1/1/2032), holiday and sick accruals to 100%.
Adopted this 22nd day of June, 2026.
________________________________
Zach Lindstrom, Mayor
ATTEST:
________________________________
Nyle Zikmund, City Administrator
The Mounds View Vision
A Thriving Desirable Community
Item No: 8A
Meeting Date: June 22, 2026
Type of Business: Council Business
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nyle Zikmund, City Administrator
Item Title/Subject: Municipal Cannabis Agreements
Introduction:
Council directed staff to explore opportunities for a Municipal Cannabis Retail operation
in 2024. By December of 2024, staff and the Mayor explored and interviewed three
entities interested, Red Pine, MN Roots and Joni. MN Roots was the chosen entity
whom then visited with the entire council at their December 2, 2024 workshop.
Background:
Since that time, the City has applied for – with the assistance of MN Roots, and secured
a Municipal Retail License. MN Roots/Great White spent well over a year searching for
and working thru retail site locations, settling on Mounds View Square, but only after
new ownership occurred and they were open to the space.
For the past two months, staff, legal, and audit have been drafting and refining
agreements that are still in final review at the packet deadline and will be distributed at
the meeting Monday night.
Discussion:
The three documents that need to be approved are: 1) Management Service Agreement
which details the responsibilities and duties of the City and Great White/MN Roots. 2)
Commercial Sublease which lays out the agreement between Mounds View
Square/Ventures Mounds View LLC. This agreement details the lease between
Mounds View Square and Great White and then additionally the City of Mounds View as
the sublessee given it is the City who owns the license. 3) Staffing, Branding and
Consulting Agreement which sets forth the details on the operation and process by
which revenue generated is used to pay all bills and the remainder is distributed to
Great White and the City of Mounds View.
All revenue generated from all sales will be deposited in a City of Mounds View banking
account that is yet to be set up, but ready to set up at Village Bank in Blaine.
Legal will review the documents Monday night and detail the provisions and protections
for the current council/city and future councils/city with respect to operations.
Strategic Plan Strategy/Goal:
A progressive city that is welcoming and desirable destination to all ages and cultures,
who seek progress through partnership, and a place where residents can live, work and
play safely and show pride in the community.
The Mounds View Vision
A Thriving Desirable Community
Financial Impact:
To date, the city has paid the $2,500 to the State of Minnesota and has incurred legal
fees directly related to the drafting of the agreements. Great White will fund the build
out of the space per the agreement as well as start up operations.
Recommendation:
Council Discretion.
Respectfully submitted,
________________________
Nyle Zikmund
City Administrator
MU125\11\1101759.v2
Kennedy Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis MN 55402-1299
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: June 16, 2026
To: Nyle Zikmund, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
CITY:
MU125-11: Administration. General discussions with City staff regarding various City matters and various questions.
Consult with City staff regarding data practices policy. Matters are presently pending.
MU210-4: Charter Commission. Consult with City staff regarding proposed Charter language. Attend Charter
Commission meetings. Draft proposed Charter language, notices, resolutions, etc. Matter is presently
pending.
MU210-54: Code Updates/Revisions. Consult with City staff regarding requested Code updates. Matter is presently
pending.
MU210-262: Greenwood Drive Infill Development. Finalize development agreement and resolutions regarding right-
of-way. Consult with developer and counsel regarding matter. Executed documents have been received
and recorded with Ramsey County. Matter is presently pending.
MU210-317: Cannabis Matters. Consult with City staff. Research licensing issues. Review draft lease and sublease,
etc. and revise same. Matter is presently pending.
MU210-319: PFAS Matter. Legal research regarding matter. Consult with special counsel regarding legal action on
behalf of the City. Matter is presently pending.
MU210-350: Municipal Cannabis Store. Consult with City staff regarding matter. Consult with developer’s attorney
regarding agreements, etc. Review and revise multiple agreements, lease agreements, etc. Matter is
presently pending.
MU210-355: Hampton Development. Consult with City staff and consultant regarding project. Resolution Approving
the Preliminary Plat and Resolution Approving a Comp. Plan Amendment have been received. Draft
developers platting-only agreement and forward to City staff. Matter is presently pending.
&
Nyle Zikmund
Page 2
June 16, 2026
MU125\11\1101759.v2
MU210-357: 2026 City Council Meetings. Review agenda packets, etc. and provide comments to City staff. Matter is
presently pending.
MU210-358: Minor Subdivision Between 8408 and 8428 Eastwood. The property owners would like to adjust the
property line between the two properties. Resolution approving project has been received. Title
commitment has been received. Draft subdivision development agreement. Matter is presently pending.
MU210-360: Edgewood Ponds MPCA Grant. Consult with City staff regarding matter. Review MPCA Grant Contract
Agreement. Matter is presently pending.
MU210-361: J.P.L. Matter. Consult with City staff. Legal research. Review City staff petition for HRO. Matter is
presently pending.
MU210-362: Park and Rec Bond Matter, etc. Consult with City staff. Legal research. Begin drafting a professional
services agreement for Wold Architects and Engineers. Matter is presently pending.
EDA:
MU205-13: General Matters. Review documentation for several upcoming projects. Matter is presently pending.
SJR:jms