HomeMy WebLinkAboutRES 80-010 RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES UNDER THE DATA PRACTICES ACT Meeting Sheet
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102789
Box: 23
Folder: RES 1980
Document: RES 80-010 RESOLUTION APPOINTING A RESPONSIBLE
AUTHORITY AND ASSIGNING DUTIES UNDER THE DATA PRACTICES
AR
RESOLUTION 80-010
A RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND
ASSIGNING DUTIES UNDER THE DATA PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnesota
• Statutes, Sections 15 .1611 to 15.1698 as amended, requires that this
city appoint one person as the responsible authority to administer
the requirements for collection, storage, use and dissemination of
- data..ozi. individualp,_g4overnment -data,�and summary data,•. within_this r
city and,
_ WHEREAS �tFi'e'-City Cou c`I is cerned witFi the responsible use of
city data and wishes to satisfy this concern by immediately appointing
an administratively qualified responsible authority as required under
the Act 'and assigning duties to that person;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. ANTHONY,
MINNESOTA:
1. The City Council of St. Anthony, Minnesota, appoints James Fornell
as the responsible authority for the purposes of meeting all require-
ments of the Minnesota Government Data Practices Act, Minnesota
Statutes Section 15 .1611 through 15. 1698 , as amended.
2. The responsible authority may designate a city employee or employees
to assist in the administration and enforcement of the duties of the
• responsible authority and to be in charge of individual files or sys-
tems containing government data and to receive and comply with re-
quests for government data. If the responsible authority appoints a
designee or designees, this appointment must be in writing, and the
City Council shall be provided a copy of the appointment. If desig-
nees are appointed, the responsible authority shall instruct the de-
signees in the requirements of administering and enforcing the Minnesota
Government Data Practices Act.
3. The duties of the responsible authority and designees are as
follows:
a. The responsible authority shall keep records containing
govermnent data in such an arrangement and condition as
to make them easily accessible for convenient use by the
public. Photographic, photostatic, microphotographic, or
microfilmed records shall be considered as accessible for
convenient use regardless of the size of these records.
b. The responsible authority shall establish procedures
to insure that requests for government data are received
• and complied with in an appropriate and prompt manner.
c. The responsible authority or designee shall, upon
request by any person, permit that person to inspect and
copy government data during hte normal business hours of
• the city and at places provided by the responsible autho-
rity, and if the person requests, that person shall be
informed of the data' s meaning. The responsible authority
or designee shall provide copies of government data upon
request. The responsible authority or designee shall
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• require the requesting person to pay the actual cost of
making, certifying and compiling the copies. If the re-
sponsible authority or designee is not able to provide
copies at the time a request is made, the responsible
authority or designee shall supply copies as soon as
• reasonably possible. If the responsible authority or
designee determines that the requested government data
is classified so_ as to deny the requesting person access,
the responsible authormty"or' designee shall' so inform the
requesting person orally at the time of the request, and
-- - -wr le, and shall cite
the statute, temporary classification, or federal law
upon which the determination is made.
d. The responsible authority shall prepare a public
document containing his name, title and address, and a
description of each type of record, file, or process re-
lating to private or confidential data on individuals
retained by the city. Forms used to collect private and
confidential data shall be included in this document.
The responsible authority shall update the public document
annually and make any changes necessary to maintain the
accuracy of the document.
e. The responsible authority shall establish procedures
to assure that all data on individuals is accurate, com-
plete, and current for the purposes for which it was col-
lected; and establish appropriate security safeguards for
all records containing data on individuals.
f. The responsible authority or designee shall prepare
summary data from private or confidential data on indivi-
duals upon the request of any person, provided that the
request is in writing and the cost of preparing the summary
data is borne by the requesting person. The responsible
authority may delegate the power to prepare summary data to
the administrative officer responsible for any central re-
pository of summary data; or to a person outside of the city
if the person, in writing, sets forth his purpose and agrees
not to disclose, and the responsible authority reasonably
determines that the access will not compromise private or
confidential data on individuals.
g. The responsible authority shall prepare a public docu-
ment setting forth the rights of the data subject pursuant
to the Minnesota Government Data Practices Act and the
specific procedures in effect in the city for access by the
data subjects to public or private data on individuals.
h. The responsible authority or designee shall allow
another responsible authority or designee access to data
• classified as not public only when the access is authorized
or required by statute or federal law. The responsible
authority or designee when supplying government data under
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this provision may require the requesting responsible
• authority to pay the actual cost of supplying the data.
i. The responsible authority shall, when appropriate,
apply to the Commissioner of Administration for permission
• to classify temporarily data or types of data on individuals
as private or confidential, or data not on individuals as
non-public, on a temporary basis until a proposed statute
-_.can be acted .up 4.,by--.the.,Legax1a.tuxe_
j . Upon request to the responsible authority, or designee,
any in3i"vi-dUY1 mustbd" iri-formed whether -he 'is the subject
of stored data on individuals, and whether it is classified
as public, private or confidential. Upon further request,
the individual who is the subject of stored private data on
individuals shall be shown the data without any charge to
him and, if he desires, shall be informed of the content and
meaning of that data. The responsible authority or designee
shall provide copies of the private data upon request by the
individual subject of the data, and the cost of providing
copies shall be borne by the individual. The responsible
authority or designee shall comply immediately, if possible,
with any request made by an individual under this paragraph,
or within five days of the date of the request, excluding
Saturdays, Sundays and legal holidays, if immediate compli-
ance is not possible. If the responsible authority or desig-
nee cannot comply with the request within that time, he shall
so inform the individual, and may have an additional five
days within which to comply with the request, excluding
Saturdays, Sundays and legal holidays.
k. If an individual contests the accuracy or completeness
of public or private data concerning himself, and notifies
in writing the responsible authority describing the nature
of the disagreement, the responsible authority shall within
thirty days either correct the data found to be inaccurate
or incomplete and attempt to notify past recipients of in-
accurate or incomplete data, including recipients named by
the individual; or notify the individual that the responsible
authority believes the data to be correct. Data which is in
dispute shall be disclosed only if the individual ' s statement
of disagreement is included with the disclosed data.
4. This resolution implementing the Minnesota Governmant Data Practices
Act shall remain in force and effect until modified by the City Council.
1
Adopted this day of �� Lu tzC , 1980.
•
Mayo
•
ATTEST: ,�yZ
City Clerk
Reviewed for Administration: �"►"�
Cit nager
PUBLIC DOCUMENT CONTAINING PROCEDURES ADOPTED BY
• THE RESPONSIBLE AUTHORITY TO ADMINISTER THE
MINNESOTA GOVERNMENT DATA PRACTICES ACT
• I, James W. Fornell, the Responsible Authority for the City of
St. Anthony, appointed under a resolution adopted by the City
Council -on the B th.-day..of January., 1. Ai estalz3igh the
following procedures for the administration of the Minnesota
Government Data Practices Act:
Collection of Data
A. Collection and storage of government data and data on individuals
by employees and agents of the city shall be limited to that neces-
sary for the administration and management of programs specifically
authorized by the federal government, legislature and this city.
B. Private or confidential data on an individual shall not be col-
lected, stored, used or disseminated by this city for any purposes
other than those stated to the individual at the time of collection
in accordance with the following paragraph C, except as provided in
Minnesota Statutes 15.163, Subd. 4 .
C. All individuals asked by any employee or agent of this city to
• supply private or confidential data concerning himself shall be in-
formed of:
(1) the purpose and intended use of the requested data
within the city;
(2) whether he may refuse or is legally required to
supply the requested data;
(3) any known consequence arising from his supplying or
refusing to supply private or confidential data; and
(4) the identity of other persons or entities authorized
by state or federal law to receive the data.
Requests for Government Data
All requests for government data must be in writing and signed by the
requesting person. When requesting private or confidential data, the
requesting person must identify himself by presenting a Minnesota
driver' s license or another identification card acceptable to the
• Responsible Authority or my designee which contains a photograph of
the individual requesting the data. Requests for government data
may be received by me or by the appropriate designee in charge of
the particular files or systems containing the government data re-
quested. Every attempt shall be made to comply with the requests in
an appropriate and prompt manner as specified by these procedures and
by the Minnesota Government Data Practices Act.
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Types
• The types of records, files, and processes relating to PRIVATE and
CONFIDENTIAL data on individuals retained by this city and the cita-
tion to federal law or statute authorizing this classification, are
the following:
• A. Personnel data (Minnesota Statutes 15. 1692)
'--Personnel data means data on individuals collected because
the individual is or was an employee of or an applicant for em-
ployment- by- •th-is �c-ity..
1. _ Except for employees described in paragraph 5, the
following personnel data on current and former employees
of this city is PUBLIC.
Name;
Actual gross salary;
Salary range;
Actual gross pension;
The value and nature of employer-paid benefits;
The basis for and the amount of any 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 status of any complaints or charges against the employee
whether or not the complaint or charge resulted in a dis-
ciplinary action;
The final disposition of any disciplinary action and sup-
porting documentation.
2 . Except for applicants described in paragraph 5, the following
personnel data on current and former applicants for employment
by this city is PUBLIC:
Names of applicants, when certified, if the city has a
civil service system, or otherwise determined to be
eligi'Dle for appointment to a vacancy;
Veterans ' status;
Relevant test scores;
Rank on eligible list;
Job history;
Education and training;
• Work availability.
3. Personnel examinations and answer keys are confidential
data, except pursuant to a valid court order.
• 4 . ALL OTHER PERSONNEL DATA, INCLUDING BUT NOT LIMITED TO the
following types, categories, files and processes, is PRIVATE
data on individuals:
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Data collected for disciplinary proceedings prior to
• the hearing;
Insurance status;
Medical records when part of personnel data;
Psychological evaluations;
Social security numbers;
• Physical limitations;
Adult criminal history data;
References;
-Employee home- Addresses- aad telephorie--umbers; -
Sick leave forms containing doctor's reports;
- anal intexviewerfile-prior-_to_an_..applicant_s_oral-exam;
Exit interview responses;
Racial and ethnic data;
Marital status;
Reference check data as it appears on the employment application;
Opinion questionnaire responses by potential employees;
College transcripts, except for name of institution, degree
granted and date;
Names of applicants for employment until certified as eligible
for appointment to a vacancy.
5. All personnel data maintained by this city relating to an
individual employed as or an applicant for employment as an
undercover law enforcement officer is PRIVATE data on indivi-
duals.
• B. City Attorney (Minnesota Statutes 15.1694)
Notwithstanding the provisions of Minnesota Statutes, Section
15. 162 to 15.117 , the use, collection, storage, and dissemination of
data by the city attorney acting in his professional capacity for this
city shall be governed by statutes, rules and professional standards
concerning discovery, production of documents, introduction of evi-
dence, and professional responsibility. The provisions of the
Minnesota Government Data Practices Act do not apply to city attorneys.
This provision shall not be construed to affect the applicability
of any statute, other than Minnesota Statutes Sections 15 .162 to ,
15. 117, which specifically requires or prohibits disclosure of spe-
cific information by the city attorney, nor shall this provision be
construed to relieve the Responsible Authority, other than the
city attorney, from his duties and responsibilities pursuant to the
Minnesota Government Data Practices Act.
C. Law enforcement data (Minnesota Statutes 15 .1695)
When collected, created or maintained by the law enforcement
agency of this city:
1. Data on participants in crime prevention programs including
lists of property .with identification numbers or evaluations
or recommendations related to structural security against un-
authorized entry is PRIVATE.
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2. Data contained` on-incident complaint reports, variously
• called logs or dockets, comprising a chronological record
of events, is PUBLIC; however, that data on individuals which
could reasonably be used to determine- the identity of an under-
cover agent, informant, or victim of criminal sexual conduct
• is PRIVATE data on individuals; provided further that any other
data classified by law as private or confidential contained in
the incident complaint reports shall remain PRIVATE or CONFIDEN-
rTIALdata.. y _
1 •L-Y�a�.-...__9:..'Y �.�1t..".��`v m ��v;�'=.•^`.• .. ..._-�2.~�;.2.Y%:\.w�L•1....��'-.- .,.G.i... .«SJ�v. ._...E.:J r�,._1S'Sn�:�' C•�c... ��,c�.�.���..r.. `.�.1-.- r-_ • _.
3. Information concerning -'procedures which reflect deliberate
----pro-cessegs= or-invest• ga-t=Ives-t-echn ques.-of law-enf-orcement=agencies
is CONFIDENTIAL.
4 . The prosecuting attorney of this city shall release. investi-
gative data collected by the city' s. law enforcement agency to
the victim of a criminal act or -his legal _representative upon
written request unless the prosecuting attorney_ reasonably
believes that the release of the data will interfere with the
investigation, or that .the request is prompted by a desire on
the part of the requestor to engage in unlawful activities.
D. Investigative data (Minnesota Statutes 15.162 , Subd. 2a)
Data collected by a civil or criminal - investigative agency as
part of an active investigation undertaken for the purpose of the
• commencement of a legal action is CONFIDENTIAL. .
E. Elected officials correspondence (Minnesota Statutes 15. 1697)
Correspondence between individuals and elected officials is private
data on individuals, but may be made public by either the sender or
the recipient.
F. Medical data (Minnesota Statutes 15. 1698)
1. ' Access to medical data in the possession of the city
by the individual who is the subject of the data is subject
to the provisions of Minnesota Statutes, Section 144 . 3'35 . -
2. If a person is a patient in a hospital operated by the city
pursuant to legal commitment, the following information is
PUBLIC: the name of the patient, date admitted, general condi-
tion, and date released. If a person is a patient in a hospi-
tal controlled by the city other than pursuant to commitment,
the following information is PUBLIC UNLESS the patient requests
otherwise, in which case it is PRIVATE data on individuals :
name of the •p.atient, date admitted, general condition, and date
released. The name of the patient, date admitted, general con-
dition, and date released, when pertaining to an emergency pa--
tient who is unable to communicate, shall not be released until
a reasonable effort is made to notify the next of kin. Even
when -an individual has requested that his name, date admitted,
ger-ieral condition, and date released be private, a hospital
controlled b,%;, this city may release this information to a law
enforcement agency pursuant to a lawful investigation pertaining
to that individual.
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G. Ambulance service reports (Minnesota Statutes 144. 807)
Ambulance service reports prepared pursuant to Minnesota Statutes
144 . 807 are CONFIDENTIAL as provided in Subdivision 3 of that section.
• H. Other
(List any additional types of information you city has which
- have been' classified' by federal- law-, sate staf-ute or-temporary
classification the Department of Administration. )
(Note to Responsible Authority: All government data collected,
created, received, maintained or disseminated by your city is public
unless classified by statute, federal law, or temporary classifica-
tion pursuant to Minnesota Statute Section 15 .1642 . Before any addi-
tional information may be listed above and classified as private,
confidential, or not public, you, as the Responsible Authority, must
find a statute, or federal law, which classifies that data, or you
must apply for a temporary classification to the Commissioner of
Administration on forms provided by the Commissioner of Administration
-- a sample form is available from the League of Minnesota Cities
office. Neither the city council nor a responsible authority may
classify any data. Private, confidential, and non-public data may
be classified only by statute, federal or temporary classification
through the application procedure. )
(Note to Responsible Authority: All forms used to collect
private and confidential data must be included as an Appendix to
this document. These forms should be only the blank forms, without
any private or confidential data contained on them. )
(Note to Responsible Authority: You, as the Responsible Authority,
must update this document annually and make any changes necessary
to maintain the accuracy of the document. After each legislative
session, the League will inform each Responsible Authority, through
the city clerk, of any additions or changes made in the classification
of information. )
Procedures to Assure That All Data on Individuals is Accurate,
Complete and Current
Within the time and budgetary limitations established by the City
Council, the Responsible Authority and his designees shall review
all data on individuals in the possession of the city to determine
if, to the best of their knowledge, it is accurate, complete, and cur-
rent for the purposes for which it was collected. All subjects of
public and private data, to the extent that this data is in active
• use within the city, shall be notified when the Responsible Authority
has reason to believe that the data on these individuals is not
accurate, complete, or current for the purposes for which it was
collected. It will be assumed that data collected from data subjects
• is accurate, complete and current for the purposes for which it was
collected unless the data subject otherwise notifies the Responsi-
ble Authority.
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Security Safeguards
• No employee or agent of the city may release any private or
confidential data to any person unless that employee is the Respon-
sible Authority or one of his designees, or another person authorized
• by the Responsible Authority.
Rights of Data Subjects
The rights of individuals on whom the data is stored or to be
stored by this city are as set forth in this section.
A. An individual asked to supply private or confidential data con-
cerning himself has the right to be informed of (1) the purpose
and intended use of the requested data within this city; (2) whether
he may refuse or is legally required to supply the requested data;
(3) any known consequence arising from his supplying or refusing
to supply private or confidential data; and (4) the identity of other
persons or entities authorized by state or federal law to receive
the data.
B. Upon request to the Responsible Authority or a designee, an
individual shall be informed (1) whether he is the subject of stored
data on individuals; (2) whether it is classified as public, private
or confidential.
C. Upon his further request, an individual who is the subject of
stored private data on individuals shall be shown the data without
any charge to him and, if he desires , shall be informed of the con-
tent and meaning of that data. After an individual has been shown
the private data and informed of its meaning, the data need not be
disclosed to hom for six months thereafter unless a dispute or action
pursuant to this section is pending or additional data on the indi-
vidual has been collected.
D. The Responsible Authority shall provide copies of data upon
request by the individual subject of the data. The cost of pro- .
viding copies shall be borne by the individual.
E. The Responsible Authority shall comply immediately, if possible,
with any request made pursuant to this section or within five days
of the date of the request, excluding Saturdays, Sundays and legal
holidays, if immediate compliance is not possible. If he cannot
comply with the request within that time, he shall so inform the
individual, and may have an additional five days within which to
comply with the request, excluding Saturdays, Sundays, and legal
holidays.
• F. An individual may contest the accuracy or completeness of public
or private data concerning himself. To exercise this right, an in-
dividual shall notify in writing the Responsible Authority describing
the nature of the disagreement. The Responsible Authority shall
within 30 days either (a) 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 (b) notify the individual that he believes the data to be cor-
rect. Data in dispute shall be disclosed only if the individual ' s
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statement of disagreement is included with the disclosed data.
pointment of Designee
Carol Johnson, City Clerk, and Caroline Zappa, Police Secretary, are
hereby appointed by the Responsible Authority (James W. Fornell, City
• Manager) as Designees in the administration of this Act.
i
•
12-28-79
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