HomeMy WebLinkAbout2012-05-02 MINUTES (ATTACHMENT)5/3/2012
5/3/2012
Management Overview of Records
Official Records Act, Minn. Stat. § 15.17
minnesota vovernmen
Act, Minn. Stat. Ch. 13
Records Management Statute, Minn. Stat.
§ § 138.161 to 138.226
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Minnesota Statutes Chapter 13
Governs access to "government data"
"Government data" includes all data
collected, created, received, regardless of
physical form of data
Statute attempts to achieve balance
between right of public to know and
privacy rights of individuals
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Procedural requirements: appoint
"responsible authority," compliance official,
and adopt policies and procedures
Tennessen advisory and notice to minors
when required; ensure accurate and
complete collection
> Storage requirements: maintain records to
be easily accessible for convenient use
Access requirements: provide access only
to those authorized, and in a timely fashion
Access Requirements
Provide access to government data
• Only to authorized persons
• Ina timely fashion
• Without charge, unless copies are
requested
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Access
Presumption
Access to data depends upon
classification
All data is presumed to be PUBLIC unless
a STATUTE or FEDERAL LAW (not
necessarily in Ch. 13) makes it not public
(can't control by contract or ordinance)
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> Ten (10) business days, if
requested by the data subject
fashion" if requested by
anyone other than the data
subject
Access Requirements: Charges
Inspection is always free
When copies are requested
may charge for making, certifying and
compiling copies for data subject
• may also charge for search and retrieval time,
if request is by someone other than the data
subject
• may not charge for time spent separating
public from not public data
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Penalties for Violation of
Lawsuit for actual damages
Punitive damages for intentional
violation
possible penalty
Intentional violator is guilty of
misdemeanor
Public employee who intentionally
violates MGDPA can be disciplined,
including suspension or discharge
Issues advisory
opinions on data
practices and open
meeting law
Immunity for city that
follows opinion
Index of opinions
available online
www.ipad.state.mn.us
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Key Classification Issues
Personnel Data, Minn. Stat. 13.43
Law enforcement data, Minn. Stat. 13.82
Elected Officials, Minn. Stat. 13.43 and
13.601
Advisory commission members, Minn.
Stat. 13.601
Email
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lists information that is public
• Gross salary, but not net salary
• Existence and status of charges, but not
nature of charge
• Final discipline and supporting data
• See statute for others
Everything else is private
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Identities of persons who complain about
ordinance violations on property are
confidential § 13.44, subd. 1; Adv. Op.
Code violation records related to health,
housing, building, fire prevention, or
housing maintenance codes are public,
except for active civil or criminal
investigations or identities of
complainants. § 13.44, subd. 2
Elected Officials
City can choose whether to treat elected
officials as employees or non - employees.
Adv. Op. 95 -041, 03 -011, 04 -030 and
Krout v. City of Greenfield
Elected council members:
If not employees, everything public (except
SSN)
If employees, then private except what
§ §13.43 and 13.601 list as public
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All data on candidate for election to city
council is public. Adv. Op. 05 -036; Op.
Financial disclosure statements filed with
the city by requirement are public data
Correspondence between individuals
(members of public, not staff) are private
but may be made public by the sender or
the recipient
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Applicants for appointment to council and
appointed council members (e.g, fill vacancy):
If not employees, everything private except what §
13.601 lists as public
13.601 list as public
Advisory commission members and other
appointed officials (e.g., HRA or EDA members)
• Governed by § 13.601, amended in 2008
• Generally data is private, except subd. 3(a) list public
data on applicants, and subd. 3(b) lists additional
public data once appointed
IMESEMMM
Appointed member must designate either phone
number or email address where he /she can be
reached by public and may provide both
Any email address or phone number provided by
a public body for use by an appointee must be
public. Appointee may use email address or
phone number provided by the public body as
the designated email address or phone number
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Email
Email from authorized personal use of city
computers is not government data and not
governed by MGDPA; may or may not
however
Email from official use is governed by
MGDPA; classification depends upon why
it was collected and subject matter (e.g.,
email by employee to make vacation
request would be personnel data)
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