HomeMy WebLinkAbout2013-08-14 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # �
DATE 8/14/2013 .� `
PREPARED BY: City Clerk Caron Stransky
ORIGINATING DEPARTMENT DEPARTMENT HEAD
******�***************************************�*
COUNCIL ACTION REQUEST
Consider approving the Guidelines and Procedures under the Minnesota Data Practices Act.
STAFF RECOMMENDATION
Approve the request.
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Caron Stransky.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: MN Government Data Practices Act Guidelines and Procedures.
ADMINISTRATORS COMMENTS
�.
' City Administrator Date
*���*******************�********************�***
COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
V:\nbelscamperlTemplates\City CouncilWction Form.doc
Cottage
/ Grove
� Pride and PcOSPerity Meet
To: Honorable Mayor and City Council Members
From: Caron Stransky, City Clerk
Date: August 9, 2013
Subject: Data Practices Act Guidelines and Procedures
�
As the City's Responsible Authority and Compliance Official, I had the City Attorney, Sarah
Sonsalla of Kennedy & Graven Chartered review our guidelines and procedures to ensure that
they are up-to-date. The additions are underlined and deletions are crossed out.
Most of the amendments are housekeeping in nature but there were a few amendments
made:
• Page 15: ��Personal Contact and Online Account Information" was added;
• Page 15: °Safe at Home Program Participants" was removed and moved to page 34;
• Page 22: °Applicants for Appointment and Members of Advisory Boards" was amended;
• Page 26: °Final Disposition" of a disciplinary action was added and the definition of
"Public Official" was added;
Upon approval by the Council, the new guidelines and procedures will be forwarded to the
designees for distribution to the City employees. They will also be made available on the City's
web site.
Please approve the Guidelines and Procedures under the Minnesota Government Data
Practices Act.
CITY OF COTTAGE GROVE
Minnesota Government
Data Practices Act
Guidelines and Procedures
Last Revised: ��ga°��= Au�ust 14. 2013
74o-rZn.n�nu��ricc i
City of Cottage Grove
Data Practices Procedures
Table of Contents
1.0 Introduction.-
2.0 Responsible Authority
3.0 Access to Public Data.-
3.1 People Entitled to Access:
3.2. Form of Request:
3.3 Identification of Requesting Party
3.4 Form of Copies
3.5 Time Limits.-
3.6 Fees.
4.0 Access to Data on Individuals.
4.1 People Entitled to Access:
4.2 Form of Request:
4.3 Identification of Requesting Party.-
4.4 Time Limits.-
4.5 Fees:
4.6 Summary Data:
4.7 Records of Minors and Incapacitated Persons
5.0 Access to Data on Decedents:
6.0 Access to Data not on Individuals:
6.1 People Entitled to Access:
6.2 Form of Request.-
6.3 Identification of Requesting Party.-
6.4 Time Limits:
6.5 Fees:
6.6 Summary Data.-
7.0 Temporary Classification.-
8.0 Denial of Access.-
9.0 Collection of Data on Individuals:
9.1 Tennessen Warning:
10.0 Challenge to Data Accuracy:
11.0 Data Protection.-
11.1 Accuracy and Currency of Data.-
11.2 Data Safeguards.-
i
City of Cottage Grove
Data Practices Procedures
List of Exhibits
Exhibit 1 LIST OF DESIGNEES
Exhibit 2 pun-rnr�nnvn.Tr_ r-�u n n��c ANNUAL FEE SCHEDULE
Exhibit 3 INFORMATION DISCLOSURE REQUEST
Exhibit 4 GOVERNMENT DATA ACCESS & NONDISCLOSURE AGREEMENT
Exhibit 5 NOTICE TO PERSONS UNDER AGE 18
Exhibit 6 CONSENT TO RELEASE PRIVATE DATA
Exhibit 7 CONSENT TO RELEASE COPYRIGHTED DATA
Exhibit 8 DATA PRACTICES ADVISORY
Exhibit 9 SAMPLE TENNESSEN WARNING
Exhibit 10 SAMPLE CONTRACT PROVISION
Exhibit 11 BUILDING PERMIT DATA PRACTICES ADVISORY
Appendix A Maintained Nonpublic, Private & Confidential Data
�
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 1��—��
�Minnesota Statutes Sections 13.025. 13.03, �r�subdivision 2 and 13.05, n��.�
$�subdivision 5. It is the intent of the City of Cottage Grove ("City") to remain in
compliance with the Act. These procedures shall be supplemented by the requirements of
the Act as needed and if any procedure contained herein is inconsistent with those
requirements, as they may be amended, the specific provisions of the Act shall be
controlling.
2.0 Responsible Authority. The City Clerlc is the Responsible Authority and
Compliance Official responsible for the collection, use and disti•ibution of government data
and is accountable for City compliance with the Minnesota Government Data Practices
Act. The Responsible Authority has authorized certain other City employees to collect,
maintain, disseminate and otherwise assist in complying with the Act ("Designees").
These Designees are listed on attached Exhibit 1. The Responsible Authority shall provide
training to Designees and staff at such times and in such a manner as the designated
Responsible Authority detei 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 puiposes of caiyying 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:
Data on Individuals�
M.S. § 13.02, subd. 5
Data on Decedents
M.S. § 13.10, subd. 1
Data not on IndividualsY
M.S. § 13.02, subd. 4
Public
Accessible to anyone
M.S. § 13.02, subd. 15
Private
Accessible to the data
subject; Not accessible
to the public
M.S. § 13.02, subd. 12
Public
Accessible to anyone
M.S. § 13.02, subd. 15
PrivateYx
Accessible to the
representative of the
decedent; Not accessible
to the public
M. S. § 13.10, subd. 1(b)
Public
Accessible to anyone
M.S. � 13.02, subd. 14
Nonpublic
Accessible to the data
subject; Not accessible
to the public
M.S. § 13.02, subd. 9
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389730v?3 CAH CT155-1
Confidential
Not accessible to the
data subject; Not
accessible to the public
M.S. § 13.02, subd. 3
��
Con�dential*''�
Not accessible to the
representative of the
decedent; Not accessible
to the public
M. S. § 13.10, subd. 1(a)
Protected Nonpublic
Not accessible to the
data subject; Not
accessible to the public
M.S. § 13.02, subd. 13
Individual is defined at M.S. § 13.02, subd. 8. Individual means a living human
being. It does not mean any type of entity created by law, such as a coiporation.
Private and confidential data on decedents become public data ten 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
and/or to have an explanation of the meaning of the data. The person does not need
to state his or her name or give the reason for the request, unless a statute specifically
authorizes the City to request such infoi�rnation. Additionally, any person has the right to
obtain a copy of public data except in the case of copyrighted materials in the possession of
the City for which the City does not have express written permission to reproduce. (Exhibit
7)
3.1A 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)
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 Cottage Grove and/or its officials
and 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 Autharity or designee may require a verbal request to be made in v�niting
whenever a written request will assist the Responsible Authority or designee in performing
his or her duties. (Exhibit 3).
3.3 Identification of Requesting Party. The Responsible Authority may not require
the requesting party to provide identification to view public documents except as may be
necessary to facilitate 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
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389730v�3 CAH CT155-1
has requested that copies be mailed, requesting identification when copies have been paid
for by check, or requesting contact information in order to clarify or follow up on .the
request. The Responsible Authority must verify the identity of the requesting party as a
person entitled to reproductions when reproductions of copyrighted public data are
requested. Identity can be established through personal knowledge, presentation of photo
identification, comparison of the data subject's signature on a consent form with the
peison's signature in City records, or other reasonable means.
3.4 Form of Copies. Where public data is maintained in a coinputer storage medium,
the Responsible Authority shall provide copies of the public data in electronic form upon
request, pi•ovided a copy can reasonably be made in that foim. 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 Cottage Grove 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 person to inspect the public data;
provided, that an immediate response will not interfere with the City's efficient operations.
The Responsible Authority may require that the requesting person inake an appointment or
return at a later time to inspect or to picic up copies of the requested data. When public data
on individuals is requested by the individual data subject and an immediate response is not
possible, the'�°�"^r��'�'° ^��+'�^���'��authorized Citv einplovee will provide the data within
ten 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 chaiged only if the requesting person aslcs for a copy or electronic transmittal of the
data. Fees will be charged according to the City's current fee schedule and may not include
time necessa�y to separate public from non-public data. Fees are established annually by
�+�e�ordinance. A copy of the approved fee schedule is attached at Exhibit 2.
4.0 Access to Private and Confidential Data on Individuals. Information about
individual people is classified by law as public, private, or confidential. A list of the
private and confidential infoimation maintained by the City is contained in Appendix A.
4.1 People Entitled to Access.
4.1A Public information about an individual may be shown or given to
anyone for any reason.
4.1B Private information about an individual may be shown or given to:
4.1B1 The individual, but only once every six months, unless a
dispute has arisen or additional data has been collected or created.
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389730v33 CAH CT155-1
4.1B2 A person who has been given access by the express written
consent of the data subject. (Exhibit 6)
4.1B3 People, or another responsible authority, which are
authorized access by federal or state law or by court order.
4.1B4 People within the City staff, the City Council, and outside
agents (such as attorneys, insurance agents, etc.) whose worlc
assignments or responsibilities reasonably requii•e access.
4.1C Confidential information may not be given to the subject of the data,
but may be given or shown to:
4.1C1 People who are authorized access by federal or state law or
by court order.
4.1C2 People within the City staff, the City Council, and outside
agents (such as attorneys, insurance agents, etc.) whose worlc
assignments or responsibilities reasonably require access.
4.2 Form of Request. Any individual may request data verbally or in writing.
Data will be released depending on whether or not the City has stored the data
requested and whether the data is classified as public, private, or confidential. All
requests to see private or confidential information must be made in writing in order
to verify identity. The Responsible Authority will provide a form (Exhibit 3) to
document the requesting party's identity, the information requested, and the City's
response; however, any individual may request data verbally or in writing as long
as the request is accompanied by documentation of the requesting pai•ty'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 ineans.
4.4 Time Limits. Requests will be received and processed at Cottage Grove
City Hall only during normal business hours. Access to the data will be provided as
soon as is reasonably possible. Data requested by the individual data subject will
be provided within t�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 surmnarized in Exhibit 2.
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389730v�3 CAH CT155-1
4.6 Summary Data. The term summaiy 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 summai•y 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 "blacicing 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 puipose is given in writing (2) the agency or person
agi•ees 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 as defined in Minnesota
Statutes Section 524.5-102, subdivision 6. The following applies to private (not
confidential) data about people under the age of 18 and about those persons who are
incapacitated as defined by Minnesota Statutes Section 524.5-102, subdivision 6.
4.7A Parent /Guardian Access. In addition to the people listed above
who may have access to private data, a�re��� a� may have access to
private information about a minor or incapacitated person. For the puiposes
of these procedures, a"Parent" shall include guardians and individuals
acting as parents or guardians in the absence of parents or guardians. A
Parent is presuined to have this right unless the minor has requested the
Responsible Authority to withhold the data and withholding the data would
be in the best interest of the minor, or unless the Responsible Authority has
been given evidence that there is a state law, court order, or other legally
binding document, that restricts the Parent's exercise of this right.
4.7B Notice to Minor and Incapacitated Persons. Before requesting
private data from minors or incapacitated persons, city personnel must
notify the minors and incapacitated persons that they may request that the
information not be given to their parent or guardian(s). (Exhibit 5)
4.7C Denial of Parent or Guardian Access. The Responsible Authority
may deny parent or guardian access to private data when the individual
requests this denial and the Responsible Authority determines that
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389730v?3 CAH CTI55-1
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 deteimining 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 oi• emotional harm
4.7C3 Whether there are reasonable gi�ounds 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 infoi•m the
parent or guardian would seriously jeopardize the health of the
individual.
The Responsible Authority may also deny parental access without a request
fi•om the juvenile or incapacitated person under Minnesota Statutes Section
144.335, or under any other state or federal statute that allows or requires
denial of parental access and that provides standards for denying parental
access
5.0 Access to Private and Con�dential Data on Decedents. Private data on
decedents means data which, prior to the death of the data subject, wei•e 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. Infoimation about
individuals who are deceased will be treated the same as data that is about individuals who
are living except:
S.OA Private and confidential data on decedents will become public data ten 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, �subdivisioil
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 it indicating the individual is still
living.
S.OB A representative of the decedent may exercise the rights that the decedent
could have exercised as a living individual. A"representative of the decedent"
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389730v�3 CAH CTI55-1
means a personal representative of the estate of the decedent during the pei•iod of
administration, or if no personal repi•esentative 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 yeai�s 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
expi•ess written permission fi�om the copyright holder. (Exhibit 7)
6.1B Nonpublic information not about an individual may be shown or
given to:
6.1B1 An authorized representative of the subject entity of the data,
but only once every six months, unless a dispute has arisen or
additional data has been collected.
6.1B2 A person who has been given access by the express written
consent of the authorized representative of the entity which is the
subject of the data. (Exhibit 6)
6.1B3 People who are authorized access by federal or state law or by
court order.
6.1B4 People within the City staff, the City Council, and outside
agents (such as attorneys, insurance agents, etc.) whose worlc
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 People who are authoi•ized access by federal or state or by
court order.
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389730v�3 CAH CT155-1
6.1C2 People within the City staff, the City Council, and outside
agents (such as attorneys, insurance agents, etc.) 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 i•eceive a reproduction of nonpublic or protected nonpublic
infoimation 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 deterinine if the request for
copyrighted material qualifies for release under copyright law of the United States
(Title 17, United States Code.) The Responsible Authority will provide a form
(Exhibit 3) to docuinent the requesting party's identity, the infoi•mation 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 infoimation 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
non-public 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, non-public, or protected nonpublic data is
requested. Identity can be established through personal lcnowledge, presentation of
photo identification, comparison of the data subject's signature on a consent form
with the person's signatui•e in City records, or other reasonable means.
6.4 Time Limits. Requests will be received and processed at �'^++�b° �"^"°
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 oi• developed prior to January 1, 2013, unless substantially modified or
substantially enhanced after January 1, 2013 or (2) records that cannot be
reasonably modified to be accessible without an undue burden as defined in �rr
�Minnesota Statutes Section 16E.015, st�l��:subdivision 4 to the public entity
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389730v?3 CAH CT155-1
or (3) except as otherwise provided in m�z���°��TMinnesota 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 ��Commissioner of Administration �'��""^�����^°�� 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 manageinent
of the programs specifically authorized by the state legislature, City Council, or federal
government.
9.1 Tennessen Warning. When an individual is aslced to supply private or
confidential information about the individual, the City employee requesting the
infoimation must give the individual a Tennessen ��gWarnin�. (Exhibit 8;
Exhibit 9)
9.1A This warning must contain the following:
9.1A1 The puipose 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 lcnown 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 Warnin is not required when:
9.1B1 An individual is requested to supply investigative data to a
law enforcement officer;
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389730v?3 CAH CT155-1
9.1B2 The data subject is not an individual (e.g., the data subject is
a corporation or partnership);
9.1B3 The data subject offers information that has not been
requested by the City;
9.1B4 The information requested from the individual is about
someone else;
9.1B5 The City receives information about the subject from
someone else; or
9.1B6 The information requested from the subject is classified as
public data.
9.1C A Tennessen �i�Warnin� may be on a separate foim (Exhibit
9) or may be incoiporated into the foim which requests the private or
confidential data.
9.1D Collection of Data on Individuals through the Use of the City's
Computer When an individual gains access to government infoimation or
services tluough the City's computer, the City may create, collect, or
maintain electronic access data or use its computer to install a coolde on an
individual's computer. The City must inform individuals gaining access to
the City's computer of the creation, collection, or maintenance of electronic
access data or the City's use of coolcies before requiring the individual to
provide any data about the individual to the City. As part of that notice, the
City must infoi the individual how the data will be used and disseminated.
Notwithstanding an individual's refusal to accept a coolcie 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. The provisions of this section do not apply to a coolcie
temporarily installed by the City on a person's computer during a single
session on or visit to the City's web site if the coolcie is installed only in a
computer's memory and is deleted from the memory when the web site
browser or application is closed.
9.2 Data Quality Procedures. The City is required to establish procedures to
ensure that data on individuals are accurate, complete and cui7•ent. 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 fi•om the individual data subject, the
individual should be advised of his or her i•ight to review and contest the
accuracy or completeness of public or private data concerning him/herself.
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389730v�3 CAH CTI55-1
9.2B An individual data subject should be encouraged to review his/her file
foi• accuracy, completeness and cuilency.
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., birthdate,
address, etc.). (This directive does not prohibit employees from collecting
data from thud parties.)
9.2D Design foi7ns to collect objective types of data elements whenever
possible, rather than data which calls for an opinion or conclusion or other
subjective entiy. Foi�ns for the collection of data on individuals should
request only necessaiy data.
9.2E Department heads should periodically review foi�rns 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 foims redesigned.
9.2F Depar heads should periodically conduct quality/validity checks
on sample case files that contain data on individuals.
10.0 Challenge to Data Accuracy or Completeness. An individual who is the subject
of public or private data may contest the accuracy or completeness of that data maintained
by the City. The individual must notify the City's Responsible Authority in writing
describing the nature of the disagreement. Within 30 days, the Responsible Authority
must respond and either (1) correct the data found to be inaccurate or incomplete and
attempt to notify past recipients of inaccurate or incomplete data, including recipients
named by the individual, or (2) notify the individual that the authority believes the data to
be correct.
An individual who is dissatisfied with the Responsible Authority's action may appeal to
the Cormnissionei• of the Minnesota Department of Administration, using the contested
case procedures under Minnesota Statutes Chapter 14. The Responsible Authority will
correct any data if so ordered to do so by the Commissioner.
11.0 Data Protection.
11.1 Accuracy and Currency of Data.
11.1A All employees will be requested, and given appropriate forms, to
provide updated personal information to the appropriate supervisor, City
Administrator, Human Resources ManaQer, Citv Clerk. or Finance
Director, which is necessary for tax, insurance, emergency notification, and
other personnel puiposes. Other people who provide private or confidential
information will also be encouraged to provide updated information when
appropriate.
�
389730v?3 CAH CT155-1
11.1B Department heads should, on a yearly basis, review forms used to
collect data on individuals to delete items that are not necessary and to
clarify items that may be ambiguous.
11.1C A11 records must be disposed of according to the State of Minnesota
General Records Retention Schedule.
11.2 Data Safeguards.
11.2A Private and confidential information will be stored in files or
databases which are not readily accessible to individuals who do not have
authorized access and which will be secured during hours when the offices
are closed.
11.2B Private and confidential data must be kept only in City offices,
except when necessary for City business.
11.2C Only those employees whose job responsibilities require them to
have access will be allowed access to files and records that contain private
or confidential information. These employees will be instructed to:
11.2C1 Not discuss, disclose, or otherwise release private or
confidential data to anyone who is not authorized to access the data
including City employees or officials whose job responsibilities do
not require access to the data
ll.2C2 Not leave private or confidential data where non-authorized
individuals might see it and
11.2C3 Shred private or confidential data before discarding.
11.2D When a contract with an outside party requires access to private or
confidential information, the contracting party will be required to use and
disseminate the information consistent with the Act. The City must include
in a written contract the language contained in Exhibit 10 or substantially
similar language.
�
389730v�3 CAH CT155-1
�� EXHIBIT 1
LIST OF DESIGNEES
The Minnesota Data Practices Act establishes a system for compilation and distribution of
data gathered by goveinment agencies. All data collected and maintained by the City of
Cottage Grove ("City") is presumed public and is accessible to the public for both
inspection and copying, unless classified as Private, Confidential, Nonpublic or Pi•otected
Nonpublic in accordance with Federal law, State Statute oi• a temporary classification.
The City of Cottage Grove has appointed the following position to administer this system.
Responsible Authority and Compliance Official:
Caron Stranslcy
City Clerlc
City of Cottage Gt•ove
� C -�-v-vv `��� 12800 Ravine Parkwav South
Cottage Grove, MN 55016-�-1-
(651) 458-2814 Phone
(651) 458-2897 Fax
Positions appointed as designees �r �•��*°r ^a are as follows:
Public Works Records Parks and Recreation Records
Les Burshten Zac Dockter
Cottage Grove Public Worlcs
8635 West Point Douglas Road
Cottage Grove, MN 55016 Cotta�e Grove Citv Hall
(651) 458-2810 Phone 12800 Ravine Parlcwav South
� G �� � �'��� Cottage Grove, MN 55016
(651) 458- n'
Public Safety Records Community Development
Craig Woolery
Cottage Grove Public Safety �'���,��,�����'� '�°•�°'�"�"°"* T`���°�*��•
�c��'�� Ravine Parlcwav Jennifer Levitt
South Cottaae Grove Citv Hall
Cottage Grove, MN 55016-�1f��- �9`��r•e��12800 Ravine Parl<wav
South
(651) 458-=n�o�=�� Cottage Grove, MN 55016-��
r� G 1�1 i1 �G g,���6014
(651) 458-''
Ex. 1
389730v33 CAH CTI55-1
�"�n-�2890
Finance Records
Robin Roland
�''�Cottage Grove Citv Hall
�c�����12800 Ravine Parkwav
South
Cottage Grove, MN 55016-'�-1-
(651) 458-2832�
� S 1�
Other persons responsible for the maintenance and dissemination of City records are as
assigned.
389730v�3 CAH CT155-1
�� EXHIBIT 2
Annual Fee Schedule
fto be addedl
Ex. 2
389730v?3 CAH CT155-1
�� EXHIBIT 3
INFORMATION DISCLOSURE REQUEST
Minnesota Government Data Practices Act
A. Completed by Requestor
REQUESTOR NAME (Last, First, M): DATE OF REQUEST:
STREET ADDRESS: PHONE NUMBER:
CITY, STATE, ZIP CODE: SIGNATURE:
DESCRIPTION OF THE INFORMATION REQUESTED:
Completed by Department
DEPARTMENT NAME: HANDLED BY:
INFORMATION CLASSIFIED AS: ACTION:
❑ PUBLIC ❑ NON-PUBLIC ❑ APPROVED
❑ PRIVATE ❑ PROTECTED NON-PUBLIC ❑ APPROVED IN PART (explain below)
❑ CONFIDENTIAL ❑ DENIED (explain below)
REMARKS OR BASIS FOR DENIAL INCLUDING STATUTE SECTION:
PHOTOCOPYING CHARGES: IDENTITY VERIFIED FOR PRIVATE INFORMATION:
❑ NONE ❑ IDENTIFICATION: DRIVER'S LICENSE, STATE I.D., etc.
❑ Pages x = ❑ COMPARISON WITH SIGNATURE ON FILE
❑ Special Rate: (attach explanation) ❑ PERSONAL KNOWLEDGE
❑ OTHER:
AUTHORIZED SIGNATURE: DATE:
Ex. 3
389730v33 CAH CT155-1
�i� EXHIBIT 4
GOVERNMENT DATA ACCESS AND NONDISCLOSURE AGREEMENT
1. AUTHORIZATION. City of Cottage Grove ("City") hereby authorizes
,("Authorized Party") access to the following
government data:
2. PURPOSE. Access to this goveinment data is limited to the objective of creating
summaiy data for the following puipose:
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 summaiy 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 i•ecords and incorporated into i•eports, 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 ii7•elevant to the puipose stated above will ever be
disclosed or communicated to anyone by any means.
The Authoi•ized 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)
Ex. 4
389730v?3 CAH CT155-1
5. LIABILITY FOR DISCLOSURE. The Authorized Party is liable for any unlawful use
oi• 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 �r�officials and employees haimless fi•om 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 will cover $1,000,000 per claimant for personal
injuries and/or damages and $1,000,000 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 fi•om the infoi•mation
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:
:
Date:
Title (if applicable):
REQUESTOR OF SUMMARY DATA:
C
Date:
Title (if applicable):
CITY OF COTTAGE GROVE:
By:
Its:
Date:
A- �
�Qnvzn.,��nu�Tic. i
�'°�� EXHIBIT 5
NOTICE TO PERSONS UNDER AGE 18
Soine of the information you are asl<ed to provide is classified as private under State law. You have the
right to request that some or all of the infonnation not be given to one or both of your parents/legal
guardians. Please coinplete the foi below if you wish to have information withheld.
Your request does not atrtomatically mean that the information will be wifliheld. State law requires the City
to determine if honoring the request would be in your best intei•est. The City is requu•ed to consider:
* Whether you are of sufficient age and mahirity to eaplain the reasons and understand the
consequences,
* Whether denying access may pr•otect yoli fi•oin physical or emotional harm,
* Whether thei•e is reasonable gi•ounds to support your reasons, and
* Whether the data concerns inedical, dental, or othei• health service provided undei• Minnesota
Stahites Sections 144.341 to 144347. If so, the data may be released only if faihu�e to inform the
pai•ent would sei•iously jeopai•dize your health.
NOTICE GIVEN TO:
:
(name)
REQUEST TO WITHHOLD 1NFORMATION
I request that the following information:
Be withheld fi�om:
For these reasons:
Date: Print name:
Signature:
DATE:
(title)
�Q�,��.,, ��v �T,:� , Ex. 5
�-1� EXHIBIT 6
SAMPLE CONSENT TO RELEASE PRIVATE DATA
I,
authorize the City of Cottage Grove ("City") to
(print name)
release the 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 puipose 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 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 one year 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 undei• 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:
Ex. 6
389730v33 CAH CT155-1
�� EXHIBIT 7
CONSENT TO RELEASE COPYRIGHTED DATA
I, , certify that I have the authority to authorize the City
of Cottage Grove 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
puipose or puiposes:
This authorization is dated and expires on
*The expiration canf�ot exceec� one yecrr� f•om the date of the cczrtho��ization.
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
Complete Address
Notarized Signature
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Title
Phone
Date
On this day of , 20 , before me, a Notary Public
within and for said County, personally appeared ,
lcnown to me to be the person described in and who executed the foregoing inshument and
acicnowledged that they executed the same as their free act and deed.
Notary Public
My Commission Expires On:
T,,;� a,.,..,,,,o„* a,.��o,, �,.,.
fri,a r�;�. „fr�,,,+�..o r_,�,,.,o
�
�c�� er,•oo�c�:�;2
r,,,+�,.o�,-,..,o n,r�rccniti
b �
zon��n.n rnu ��ri;c � EX. '�
� EXHIBIT 8
SAMPLE DATA PRACTICES ADVISORY
(Tennessen Warning)
Some or all of the infoimation that you are aslced 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 subj ect of the data. Confidential data is
infoimation that generally cannot be given to either the public or the subject of the data.
Our puipose and intended use of this infoi�rnation is:
You are/ _ are not/ legally required to provide this infoimation.
If you refuse to supply the infoimation, the following may happen:
Other persons or entities authorized by law to receive this information are:
Ex. 8
389730v�3 CAH CT155-1
€�+b+� 9
City of Cottage Grove
Tennessen Warning Form
It is the City of Cottage Grove'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 Cottage
Grove is required to inform you of your rights as they relate to the private information
collected from you. Private data is information that is available to you, but not to the public;
the personal information we collect about you is private. Minnesota State Statutes 13.04 and
13.43 ai•e two sections that govern what affects you as an applicant for employment at the
City of Cottage Grove. All data collected is considered private except far the following:
1. Your Veteran's �#a#�-s
2. Relevant test scores�
3. Your job history�
4. Your education and training; and
5. Your worlc availability_
Your name is considered to be private information; however, if you are selected to be
interviewed as a finalist, your name becomes public infoimation.
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
Cottage Grove. Furnishing social security numbers is voluntai•y for applicants to the City of
Cottage Grove, but refusal to supply other requested infoimation would mean that your
application for employment might not be considered.
Private data is available only to you, appropriate c�Citv 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 notices as private data.
The information you give about yourself is needed to identify you and to assist the City of
Cottage Grove in deteimining 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 Signatur•e
Date
�on��n.,� rnu ��ri � Ex. 9
�� 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 perfoim Contractor's obligation under this contract.
Contractor acicnowledges that, pursuant to ���^ Statutes Section 13.05,
subdivision 11, all of the data created, collected, received, stored, used, maintained or
disseminated by Contract in perfoiming the contract are subject to the requirements of the
Minnesota Govermnent Data Pi•actices Act (the "Act"), Minnesota Statutes �tChapter
13. Contractor is required to comply with the requirements of the Act as if it were a
government entity. Contractor acicnowledges that the remedies provided in "��
�Minnesota Statutes Section 13.08 apply to Conti•actor with respect to such data. Contractor
will notify the City of all requests for data that Contractor receives. Contractor agrees to
defend and indemnify the City fi�om any claim, liability, or damage that �sresult fi•om
Contractor's violation of the Act or this section of the contract. Upon termination of this
contract, Contractor agrees to return data to the City as requested by the City. The
obligations of this section of the contract, including the obligation to defend and indemnify
the City, shall suivive the termination of this Contract and shall continue so long as the data
exists.
�
Ex. 10
€�+� EXHIBIT 11
Building Permit/Plans
DATA PRACTICES ADVISORY
You may be requued to submit building plans with your building permit application so that the
City of Cottage Grove can determine whethei• 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 non-public ONLY
if they contain the following information:
Security information defined by nn�„n c+�+ �Minnesota Statutes Section 13.37 as being
"government data the disclosure of which the resnonsible authoritv determines would be
lilcely to substantially jeopardize the security of information, possessions, individuals or
property against theft, tainpering, improper use, attempted escape, illegal disclosure,
trespass, or physical injury."
AND/OR
Trade Secret information defined by nn�.,., c+�+ �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, fi•om not being generally lcnown to, and
not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use."
Building plans submitted to the City are generally public information and will be presumed to be
available for copying and release to the public. If you hold a copyright to the plans and do not
want them copied for the public, then you will need to indicate as such below. Also, if you
believe that your building plans qualify for the classification of nonpublic data you must provide
documentation verifying your claiin. The responsible authority for the City of Cottage Grove
will determine whether or not the plans qualify for nonpublic data classification within 10
business days of the request. .
Building plans and related docuinents submitted to the City are presumed to be public and by
submitting them and signing this document you are expressly giving permission to the City
to malce copies for the City's use and to malce available to the public upon request unless you
indicate otherwise as follows:
zamzn..�rnr�r�ricc � Ex. 11
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
undeistand I must provide an explanation (below) to support my claim that
the information I am providing constitutes security infoimation under law.
The building plans I have submitted contain TRADE
SECRET INFORMATION as defined by Minn. Stat. §
13.37, subd. 1(�� and are to be treated as protected
nonpubllc data. I understand I must provide an explanation (below) to
support my claun that the infoimation I am providing constitutes trade
secret information under law.
The building plans I have submitted are COPYRIGHTED
under and protected by the Federal Copyright Act and I
do not give permission for them to be copied for release to the
public. However, I undeistand the plans are considered public information
under Minnesota law and may be viewed by the public.
Explanation:
389730v�3 CAH CT155-1 �2
APPENDIX A
PRIVATE AND CONFIDENTIAL DATA
MAINTAINED BY THE r'i�r OF COTTAGE GROVE
The list of data types is divided into the following categories: General;
Administration; Community Development; Personnel; and Public Safety. The
categories are provided only for convenience in locating types of data; inclusion in
any particulat• 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
Business Data
CLASSIFICATION(S): PrivatelNonpublic/Public
GOVERNING STATUTE: Minn. Stat. § 13.591
DESCRIPTION OF DATA: Data submitted to the City by a business requesting financial
assistance or �xe-�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 �sare governed by statutes, rules, and professional standards conceining
discovery, production of documents, introduction of evidence, and professional
responsibility. Data which is the subject of attorney-client privilege is confidential. Data
which is the subject of the "work product" privilege is confidential.
Civil Investigative Data
CLASSIFICATION(S): Confidential / Protected Nonpublic/ Not public / Public
GOVERNING STATUTE: Minn. Stat. § 13.39
DESCRIPTION OF DATA: Data collected as part of an active investigation undei•taken to
commence or defend pending civil litigation, or which are retained in anticipation of
pending civil litigation, with the exception of disputes where the sole issue is the Citv's
timeliness in respondin� to a data request.
�on��n,nr�nur i - � i X. 13
Community Dispute Resolution Center Data
CLASSIFICATION(S): Pi•ivate/Public
GOVERNING STATUTE: Minn. Stat. § 13.88
DESCRIPTION OF DATA: �Data relating to a case in a community dispute resolution
program.
Elected Officials Correspondence
CLASSIFICATION(S): Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2
DESCRIPTION OF DATA: Coi between individuals and elected officials is
private data on individuals, but may be made public by either the sender or the recipient.
Emergency Services for Homeless Persons
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.587
DESCRIPTION OF DATA: Data that identifies any individual receiving emergency
services for homeless peisons from the c�Citv under a grant froin a state agency.
Financial Disclosure Statements
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 1.
DESCRIPTION OF DATA: Financial disclosure statements of elected or appointed
officials which, by requirement of the City, are filed with the City, are public data on
individuals.
Identity of Employees Making Complaints
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 181.932, subd. 2; 13.7905, subd. 5(b)
DESCRIPTION OF DATA: The identity of an individual who reports to any
govermnental body or law enforcement official a violation or suspected violation by the
individual's employer of any federal or state law or rule.
Internal Competitive Response
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. �� 13.591, subd. 5, 13.37.
DESCRIPTON OF DATA: A bid or proposal to provide government goods or services
that is prepared by the staff of a government entity in coinpetition with bids or proposals
solicited by the same government entity fi•om the private sector or a different government
entity fi•om 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 data as defined and classified in Minnesota Statutes
Section 13.37.
389730v�3 CAH CT155-1 �
Internal Auditing Data
CLASSIFICATION(S): Confidential/Pr•ivate/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 c�Citv or by person
performing audits for the c�Citv and relating to an audit or investigation; data on an
individual supplying information for an audit or investigation, under specified
circumstances.
Personal Contact and Online Account Information
CLASSIFICATION(Sl: Private
GOVERNING STATUTE: Minn. Stat. c�� 13.356, 13.04. subd. 2.
DESCRIPTION OF DATA: Data on an individual collected, maintained. or received bv
the Citv for notification purposes or as part of a subscription list for the Citv's electronic
eriodic publications as reauested bv the individual. This data includes telephone
nuinbers, e-mail addresses. internet user names and passwords. Internet t�rotocol addresses
and anv other similar data related to the individual's online account or access procedw•es.
This data mav onlv be used for the specific puraose for which the individual provided the
data. This data also does not include data submitted for puraoses of makin� a bublic
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.
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 is not public data until the responses are opened. Once the responses
are opened, the name of the responder is public. All other data in a response to a request foi•
proposal are private or nonpublic data until completion of the evaluation process. After
completion of the evaluation process, all remaining data submitted by responders are
public with the exception of trade secret data as classified in Minn. Stat. § 13.37. If all
responses to a request for proposals are rejected prior to completion of the evaluation
process, all data, other than that made public at the response opening, remain private or
nonpublic until a resolicitation of the requests for proposal results in the completion of the
evaluation process or a determination is inade to abandon the purchase. If rejection occurs
after the completion of the evaluation process, the data remains public. If resolicitation of
the proposals does not occur within one year of the proposal opening data, the remaining
data become public.
�
. . •.
• •. �. . �� .� � �
389730v?3 CAH CT155-1 �
\ _ � � •► • � ♦ •
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.
339730v33 CAH CT155-1 �
Security Information
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data which if the Citv's Responsible Authoritv determines if
disclosed would be likely to substantially jeopardize the security of information
possessions, individuals or property against theft, tampering, impi•oper use, attempted
escape, illegal disclosure, trespass, or physical injury. This includes crime prevention
block maps and lists of volunteers who participate in community crime prevention
programs and � volunteers' home and inailin� addresses ^� *°'°„',^„° ^,,,�,'^°,.� '",*
�
b a
telephone numbers, e-mail or other di�ital addresses, Internet communication services
account information oi• similat� account information. and elobal positionin� svstem
locations
Service Cooperative Claims Data
CLASSIFICATION(S): Nonpublic
GOVERNING STATUE: Minn. Stat. § 13.203
DESCRIPTION OF DATA: Claims experience and all related information received from
cai7iers and claims administrators participating in a group health or dental plan, including
any long-teim disability plan, offered through Minnesota service cooperatives to
Minnesota political subdivisions and survey infoimation collected fiom employees and
employers participating in these plans and programs, except when the executive director of
a Minnesota service cooperative deteimines 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, or any part of a social
security number.
State Auditor Data
CLASSIFICATION(S): Confidential/Protected nonpublic
GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5
DESCRIPTION OF DATA: Data relating to an audit conducted by the �+��State
Auditor's office and provided by the �*^�=State Auditor for puipose of review and
verification of the data, prior to publication of the final report of the audit
Trade Secret Information
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program,
device, method, technique or process: (1) that was supplied by the affected individual or
organization; (2) that is the subject of efforts by the individual or organization that are
reasonable under the circumstances to maintain its secrecy; and (3) that derives
independent economic value, actual or potential, from not being generally known to, and
389730v�3 CAH CT155-1 �
not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use.
Utility Disconnections
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.681, subd. 6 and 216B.0976, subd. 2
DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding
disconnection of gas or electric service.
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. Names of voters submitting absentee ballots may not be made available for
public inspection until the close of voting on P'°��Election Dav.
Assessor"s Data
CLASSIFICATION(S): Pi•ivate/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.51
DESCRIPTION OF DATA: Data contained on sales sheets from private multiple listing
service organizations; income infoimation on individuals used to determine eligibility of
pi•operty for classification for class 4(d) under Minnesota Statutes Section 273.126; and
specified data regarding income properties.
Business Energy Accountability
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.681 and 216C.44, subd. 5
DESCRIPTION OF DATA: Data provided by a business on an inventory form for
business energy use accountability.
Candidates for Election to City Council
CLASSIFICATION(S): Public / private
GOVERNING STATUTE: Op. Atty.Gen. No. 852, October 6, 2006; Advisoiy Opinion
No. OS-036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. lb
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.
Computer Access Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.15
389730v�3 CAH CT155-1 �
DESCRIPTION OF DATA: Data created, collected, or maintained about a person's
access to the City's computer for the puipose of: (1) gaining access to data or information;
(2) transfei7ing data or information; or (3) using government services.
Deferred Assessment Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.52
DESCRIPTION OF DATA: Data collected pursuant to Minnesota Statutes Section
435.193, which indicates the amount or location of cash or other valuables kept in the
homes of applicants for deferred assessment.
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.
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 ai•e submitted by property owners or their spouses.
The data may be disclosed to the Commissioner of Revenue or, under limited
circumstances, the county treasurer.
Library and Historical Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.40
DESCRIPTION OF DATA: Data that links a library patron's name with materials
requested or borrowed or with a specific subject about which the patron has requested
information; data in applications for boi7•ower cards, other than the name of the boi7•ower;
data contributed to a historical records repository operated by the c�Citv, if the data was
contributed under an agreement that restricts access or if access would significantly
endangei• the physical or organizational integrity of the data.
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.
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.
389730v3�. CAH CT155-1 .�
Municipal Electric Utility Customer Data
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.685
DESCRIPTION OF DATA: Data on customers of municipal electric utilities.
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.
Parking Space Leasing Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: The following data on an applicant for or lessee of a parlcing
space: residence address, home telephone number, beginning and ending worlc hours, place
of employment, work telephone number and location of the parlcing space.
Registered Voter Lists
CLASSIFICATION(S): Confidential/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.607, subd. 6; 201.091
DESCRIPTION OF DATA: Information contained in the master list of i•egistered voters.
Security Service Data
CLASSIFICATION(S): Nonpublic/Private/Public
GOVERNING STATUTE: Minn. Stat. §§ 13.861, 13.37 and 13.82, subd. 2, 3 and 4.
DESCRIPTION OF DATA: Data collected, created, or maintained by a security service
for the puipose of providing security services to �•,^'�*�^^' ���'��'������^"the Citv.
Social Recreational Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.548
DESCRIPTION OF DATA: For people enrolling in recreational or other social progt•ams:
name, address, telephone number, any other data that �'�-r �identifv the individual, and
any data which describes the health or medical condition of the individual, family
relationships, living ai7angements, and opinions as to the emotional makeup or behavior of
an individual.
Solid Waste Collector Customer Lists
CLASSIFICATION(S): Private/Nonpublic
GOVERNING STATUTE: Minn. Stat. �§ 13.7411, subd. 4(c), 115A.93, subd. 5
DESCRIPTION OF DATA: Customer lists provided to the City by solid waste collectors.
389730v�3 CAH CT155-1 �
Transportation Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. § 13.72, subd. 10
DESCRIPTION OF DATA: Personal, medical, financial, familial or locational
information, except the name, of applicants or users of transpor�tation services for the
disabled or elderly.
COMMUNITY DEVELOPMENT
Appraisal Data
CLASSIFICATION(S): Confidential / Protected Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3
DESCRIPTION OF DATA: Appraisals inade for the purpose of selling or acquiring land
tl purchase or condemnation. Data made confidential or protected nonpublic mav.
amon� other wavs set forth in the statute, become public at the discretion of the Citv
determined bv mai oritv vote of the Citv Council.
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 puipose of presenting awards to business entities for achievements in business
development or performance.
Benefit Data
CLASSIFICATION(S): Private / Public
GOVERNING STATUTE: Minn. Stat. § 13.462
DESCRIPTION OF DATA: Data on individuals, coiporations and/or partnerships
collected or created when individuals, coiporations and/or partnerships seelc information
about becoming, is or was an applicant for or 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.
Convention Center Data
CLASSIFICATION(S): Private / Nonpublic / Public
GOVERNING STATUTE: Minn. Stat. § 13.55
DESCRIPTION OF DATA: Letters or documentation from any person who malces
inquiry to or who is contacted by the convention 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 tei of
rentals and responses of staff to such inquiries are non public data. The names, addresses
and contact persons for individual exhibitors if the facility detei7nines that privacy is
necessary to protect the competitive position of the facility or its customers.
Housing Agency Data
CLASSIFICATION(S): Confidential / Private / Protected Nonpublic / Nonpublic / Public
389730v�3 CAH CT155-1 �
GOVERNING STATUTE: Minn. Stat. § 13.585
DESCRIPTION OF DATA: Coi7espondence between the agency and agency's attorney
containing data collected as part of an active investigation undertaken for the puipose of
the commencement or defense of potential or actual litigation; income information on
individuals collected and maintained to determine property tax classification eligibility;
data pertaining to negotiations with property owners regarding the purchase of property.
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 i�eal property.
Redevelopment Data
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.59
DESCRIPTION OF DATA: Names and addi•esses 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 �•• �T�����"� �ra "°a°��°'^���°• ^��*'��•��}�� for
the puiposes of planning, development, and redevelopment.
PERSONNEL
Applicants for Appointment and Members of Advisory Boards
CLASSIFICATION(S): Public
GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3
DESCRIPTION OF DATA: Data on applicants for appointment to �"��'�'��'��a�rthe Citv
Council or Citv commission are private except that the following are public: name, city of
residence (except when the appointment has a residence requirement that requires the
entire address to be public), education and training, employinent history, volunteer worlc,
awards and honors, prior government service anv data reauired to be provided or that are
voluntarilv brovided in a n ant�lication for appointment to a multimember a�encv
nursuant to Minnesota Statutes Section 15.0597. and veteran status.
Once the individual is appointed, the following additional items become public: residential
address and either a telephone number or electronic mail address where the
�i,�ccrC�ic`�cr �c- ^� + �pvi'r'r��� eTSOIl CRTl be 1'eaClleCl, fll'St aI1Cl IaSt
dates of seivice on the Council or cominission, the existence and status of anv complaints
or char�es a�ainst the individual, and unon comt�letion of an investi�ation of a complaint
or char�e a�ainst an individual, the final investi�ative report is nublic, unless access to the
data would ieopardize an active investiaation. Any electronic mail address or telephone
number provided by the City for use by an appointee is public. �'�'nz '''��;=�������•�
.,
�ta-';��^ '^ n�;����—�'t�.{ �' 2 . �'?.An anpointee mav use an electronic mail address or
telenhone number provided bv the Citv as the desi�nated electronic mail address or
telephone number at which he or she can be reached.
389730v�3 CAH CT155-1 �
Employee Drug and Alcohol Tests
CLASSIFICATION(S): Confidential / Private
GOVERNING STATUTE: Minn. Stat. §§ 13.7905, subd. 5(c), 181.954, subd. 2 and 3
DESCRIPTION OF DATA: Results of employee drug and alcohol tests.
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 cui7ently eruolled in, or has been
em•olled in employment and training programs funded with federal, state or local
resources.
Examination Data
CLASSIFICATION(S): Private / Confidential
GOVERNING STATUTE: Minn. Stat. § 13.34
DESCRIPTION OF DATA: Completed versions of personnel and licensing examinations
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
c�Citv, 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.
Labor Relations Information
CLASSIFICATION(S): Private / Nonpublic
GOVERNING STATUTE: Minn. Stat. § 13.37
DESCRIPTION OF DATA: Management positions on economic and non-economic 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.
Personnel and Employment Data
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. � 13.43.
DESCRIPTION OF DATA: 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 b � '�the Citv.
Generally all data about �� er� who are or were an employee, an applicant for
employment, a volunteer, or an independent contractor are private, with the exceptions
noted below. NOTE: This section applies to member�s of the ��'���Citv Coarf�cil aftef•
their election o�° appointment to the e-��tra�i-�Cozmcil. It also applies to applicants for
appointment to the ���Citv Courrcil (e.g., in case of vaccrncy), bZrt not to canclidates
389730v33 CAH CT155-1 �
for� election to the E�3�-�e�ei-�Citv Cozrncil, together� with ',';,�,� �*,.*. �Minf�esotrr Statzites
Sectiorr 13.601 (see "Applicants for Appointment and Members of Advisory �3oar�ds"
above.).
389730v�3 CAH CT155-1 �
Prrblic Dat� - Applica�tts
The following data on cui7ent and former applicants is public:
* Veteran Status
'� Relevant test scores
* Ranlc on eligibility list
* Job histoiy
* Education and training
* Worlc 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.
Public Data - Employees
The following data on cui7•ent and formei• employees (including e��-r�Council
members), volunteers, and independent contractors are public:
* Name
* Employee identification number, which may not be a social security
number
* Actual gross salary
* Salary Range
* Terms and conditions of employment relationship
* Contract fees
* Actual gross pension
* Value and nature of employer paid fi�inge benefits
* Basis for and the amount of added remuneration, including expense
reimbursement, in addition to salary
* Job title
* Bargaining unit
* Job description
* Education and training bacicgi•ound
* 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 disciplinaiy 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 ""�
�Citv
389730v�3 CAH CT155-1 �
* �Complete terms of any agreement settling any dispute arising from
the employment relationship, including a"buyout" agreement as defined in
Minnesota Statutes Section 123B.143. subdivision 2. paraQrat�h (al. The
aQreement must include specific reasons for the a�reement if it involves the
navment of more than $10.000 of public monev;
* Work location
* Worlc telephone number
* Badge number
* Work-related continuing education
* Honors and awards received
* Payroll time sheets or other coinparable 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 reveal the employee's reasons for the use
of sick or othei• medical leave or other non-public data.
"Fi�ra/ disvosition" Of Cl ClISClU�l/1!l/ action: a final disnosition occurs when the
Cit makes its final decision about the disciplinarv action, re�ardless of the
possibilitv of anv later proceedin�s or coui�t proceedin�s. Final dist�osition includes
a resi nation bv an individual when the resi�nation occurs after the final decision of
the Citv, or arbitrator. In the case of arbitration proceedin�s arisin� under collective
bar�ainin� a�reements. a final disposition occurs at the conclusion of the
arbitration proceedin�s, or ubon the failure of the emnlovee to elect arbitration
within the time t�rovided bv the collective bar�ainin� a�reement.
A disciplinarv action does not become nublic data if an arbitrator sustains a
�t•ievance and reverses all asbects of anv disciplinarv action.
The Citv mav dist�lav a photo�raph of a current or foriner emnlovee to a
t�rospective witness as nart of the Citv's investigation of anv complaint or charQe
a ainst the emplovee.
A complainant has access to a statement nrovided bv the comnlainant to the Citv in
connection with a comnlaint or char�e a�ainst an einplovee.
Notwithstandin� other provisions contained in Minnesota Statutes Section 13.43.
subdivision 2, upon completion of an investi�ation of a complaint or charQe a�ainst
a nublic official. or if a public official resi�ns or is terminated fi•om emplovment
while the comnlaint or char�e is pendin�, all data relatin� to the comnlaint or
char�e are public. unless access to the data would ieot�ai•dize an active investi�ation
or reveal confidential sources.
"Public Offrcial" means:
389730v�3 CAH CT155-1 �
* the chief administrative officer, or the individual actin� in an eauivalent
osition, in all bolitical subdivisions
Data relatin� to a comnlaint or char�e a�ainst a public official are nublic onlv if:
11 the complaint or char�e results in disciplinarv action or the emplovee resi�ns or
is terminated fi�om emnlovment while the cornplaint or char�e is pending; or
21 potential le�al claims arisin� out of the conduct that is the subiect of the
comnlaint or char�e are released as part of a settlement a�reement.-
This para�raph does not authorize the release of data that are made not public under
other law.
Undercovet• Lrnv Enforcement Of�cer
All peisonnel 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'���� °r ^b° determines
that i•evealing the data would threaten the officei's safety or jeopardize an active
investigation.
Access by Labof� Orgrc�rizations
Personnel data may be given to labor organizations and to the Bui•eau of Mediation
Services to the extent this it is necessary to conduct elections, notify employees of
fair share fee assessments, or to implement state labor laws.
E�zployee Assist�rnce Pi�ogf�ams
All data associated with employee assistance programs is private.
Harassment
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 subj ect the
complainant or witness to harassment. However, summary information will be
provided to the employee in order for hin�/her to prepare for a disciplinary
proceeding that has been initiated.
Peer Coculseling Debriefng
Data acquired by a peer group member in a public safety peer counseling debriefing
is private data on the person being debriefed.
P�•otectio�z of Eniployee ot� Otliers
389730v33 CAH CT155-1 �
If it is reasonably necessary to protect an employee fi•om harm to self or to protect
another person who may be harined by the employee, information that is relevant to
the safety concerns may be released to (1) the person who may be haimed 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.
Contincrity of Operntions
An employee's personal home contact information may be used to ensure that an
employee can be reached in event of an emergency or other a;�""�disruation
affecting continuity of operations of the City or other government entity, including
sharing the infoi7nation with another goveinment entity.
�,.;�„�.,�,,,, �,.�.,;f,.�.t;,,,� n„�;�;,,,��,
a; „i; „+; ��o
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 coiporations or associations or obtained from employers with
the written understanding that the data shall not be made public.
PUBLIC SAFETY
911 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 9ll
system.
Ambulance Service Data
CLASSIFICATION(S): Pr•ivate
GOVERNING STATUTE: Minn. Stat. §� 13.381, subd. 12, 144E.123
DESCRIPTION OF DATA: Ambulance reports/pre-hospital medical care data are private
data on individuals.
Arson Investigation
CLASSIFICATION(S): Confidential / Public
GOVERNING STATUTE: Minn. Stat. §� 13.6905, subd. 26, 299F.055 and 299F.056
DESCRIPTION OF DATA: Information relating to a fire loss or potential fire loss.
389730v33 CAH CTI55-1 �
Child Abuse Report Records
CLASSIFICATION(S): Confidential / Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(b), 13.82, subd. 8 and 9 and
626.556
DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of
child abuse or neglect reported under IVlinnesota Statutes Section 626.556 are private data
on individuals. Active or inactive investigative data that identify a reporter of child abuse
or neglect under Minnesota Statutes Section 626.556 are confidential data on individuals,
unless the subject of the repor compels disclosure under Minnesota Statutes Section
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 pei•son responsible for the child's care, as defined in Minnesota Statutes Section
626.556, subdivision 2 are private data.
Corrections and Detention Data
CLASSIFICATION(S): Confidential / Private / Public
GOVERNING STATUTE: Minn. Stat. � 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained by
a�a�Citv coi or detention facility, the release of which would disclose
medical, psychological, financial or personal information not related to the individual's
detainment or which would endanger an individual's life; detention data, the release of
which would endanger an individual's life, endanger the effectiveness of an investigation,
identify a confidential informant, or clearly endanger the security of any institution or its
population.
Crime Alert Requests
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 12 and 611A.0393
DESCRIPTION OF DATA: Contact information provided by a citizen requesting a
disability accessible crime alei
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 pui•suant to
Minnesota Statutes Section 611A.06.
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 ai•e
confidential data on individuals as defined in Minnesota Statutes Section 13.02,
subdivision 3, but are accessible to law enforcement agencies and may be released to the
ci•iminal justice agencies.
389730v33 CAH CT155-1 �
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, subdivision 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 individual was convicted, associated coui disposition and
sentence information, controlling agency and confinement information are public data for
15 years following the discharge of the sentence imposed for that offense.
Data on Videotape Consumers
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2, 13.487, subd. 3
DESCRIPTION OF DATA: Personally identifiable information concerning a videotape
consumer that a law enforcement agency obtains in connection with an action commenced
by the videotape seller or provider to collect fines for overdue or urueturned videotapes or
collection for unpaid videotapes.
Detention Data
CLASSIFICATION(S): Private / Confidential / Public
GOVERNING STATUTE: Minn. Stat. § 13.85
DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained
because of their lawful confinement or detaimnent in a correctional or detention facility,
including a��Citv jail or lockup.
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 conceining diversion program
participants that are maintained in the criminal justice data communications networlc.
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 Public Safetv Deaartment pursuant to the t�e
�x-cse—�c� Abuse Act
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 worlcflow and routing data are classified as provided by other law.
389730v33 CAH CT155-1 �
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 fiist
���responder's 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 infoimation received by or
disclosed to the Board relating to disciplinary matters of any person or entiry subject to the
Board's regulatory jurisdiction are confidential and privileged and any disciplinary hearing
shall be closed to the public.
Explosives Use and Storage
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 peimit, 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. Data may be shared with a government entity or utility whose job duties
��i�€reauire 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 tr•ansfer of firearms and
applications for permits to cai7y firearms.
Hazardous Substance Emergency
CLASSIFICATION(S): Nonpublic
GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096,
subd. 1
DESCRIPTION OF DATA: Information contained in hazardous materials notification
reports made pursuant to Minnesota Statutes Sections 299F.091 to 299F.099.
389730v�3 CAH CTI55-1 �
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 e-�Citv 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.
Integrated Search Service Data
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. � 13.873
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
Investigative Detention Data
CLASSIFICATION(S): Confidential
GOVERNING STATUTE: Minn. Stat. § 13.86
DESCRIPTION OF DATA: Data created, collected, used or maintained by a
��Citv coi7ectional or detention facility that, if revealed, would identify an
informant who provided information about suspected illegal activities and is lilcely to
subject the infoimant to physical reprisals by others.
Law Enforcement Data
CLASSIFICATION(S): Private / Confidential / Public/ Non Public
GOVERNING STATUTE: Minn. Stat. §§13.82, 259.10, subd. 2
DESCRIPTION OF DATA: Certain ai7est 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
fi�om� law enforcement, fire or medical emergency is private data on individuals, except
that a written transcript of the audio recoi•ding is public, unless it reveals the identity of an
individual otherwise protected under Minnesota Statutes Section 13.82, subdivision 17. ,
Criminal investigative data collected or created by a law enforcement agency in order to
prepare a case against a person for the coinmission 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. InvestiQative data that are a Uerson's financial
accotmt number or transaction numbers are Urivate or nonUUblic data at the close of the
investi�ation.
Photographs that are part of inactive investigative files and that are clearly offensive to
common sensibilities are classified as private or nonpublic, provided that the existence of
the photographs shall be disclosed to any person requesting access to the inactive
investigative file.
389730v'-_3 CAH CT155-1 �
Data on court records relating to name changes under Minnesota Statutes Section 259.10,
subdivision 2 which is held by a law enforcement agency is confidential data on an
individual while an investigation is still active and is private data on an individual when the
investigation becomes inactive.
Data in arrest warrant indices are classified as confidential data until the defendant has
been talcen into custody, seived with a wai7ant or appears before the court, except when the
law enforcement agency determines that the public puipose is served by malcing 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 are private data on individuals.
Data in missing children bulletins 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.
Boolcing photographs are public data.
Data that would reveal the identity of persons who are customers of a licensed pawnbroker,
secondhand goods dealer or scr•ap metal dealer are private data on individuals.
Data describing the property in a regulated transaction with a licensed pawnbroker,
secondhand goods dealer or scrap metal dealer are public.
Orders for Protection and No Contact Orders
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13 and 299C.46, subd. 6
DESCRIPTION OF DATA: Data from orders for protection or no contact orders and data
entered by law enforcement to assist in enforcement of those orders. 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(p), 626.89, subd. 6 and 13.43
389730v�3 CAH CT155-1 �
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.
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.
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 peipetratoi• of
a crime using a dangerous weapon other than a firearm.
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Safe at Home Pi•o�ram Particinants
CLASSIFICATION(Sl: Private
GOVERNING STATUTE: Minn. Stat. S� 13.805 and SB.07. subd. 1(bl.
DESCRIPTION OF DATA: Identitv and location data on a Safe at Home proQram
articit�ant not otherwise classified bv law are private data. "Pro�ram particinant" means
an individual certified as a pro�rain particiaant under Minnesota Statutes Section SB.03.
"Identitv and location data" ineans anv data used to identifv or phvsicallv locate a pro�ram
particiUant, includin� but not limited to the pro�ram participant's name, residential
address. work address, and school address, and that is collected received or maintained
rior to the date a pro�ram participant's certification expires. or notice of withdrawal from
the participant. Private or confidential identitv and location data on a pro�ram narticipant
who submits a notice in writin� that the particibant is certified in the Safe at Home address
confidentialitv pro�ram mav not be shared with anv other �overnment entitv or
disseminated to anv person unless 11 the pro�ram participant has expresslv consented in
writin� to sharin� the dissemination of the data for the nurpose in which the sharin� will
occur; 21 the data are subiect to dissemination pursuant to a court order; or 31 the data are
subiect to sharin� nursuant to Minnesota Statutes Section SB.07. subdivision 2. Re�ardless
of whether certification has been submitted, the Citv must accept the address desi�nated bv
the Secretarv of State as a pro�ram particibant's address, and is subiect to the reauirements
contained in Minnesota Stahrtes Section SB.OS.
Sex Offender HIV Tests
389730v�3 CAH CT155-1 �
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 must be handled in
accordance with Minnesota Statutes Section 611A.19.
Sexual Assault Crime Victims
CLASSIFICATION(S): Private
GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e), 609.3471
DESCRIPTION OF DATA: Data that identifies a victim who is a minor, in records or
reports relating to petitions, complaints oi� indictments made for 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 ^^_ of }�t�
�^�Public Safetv for a grant pui•suant to Minnesota Statutes Section 299C.065;
information within investigative files that identifies or could reasonably be used to
ascertain the identity of assisted witnesses, sources, or undercover investigators;
information in a report at the conclusion of an investigation pertaining to the identity or
location of an assisted witness.
Use of Motor Vehicle to Patronize Prostitutes
CLASSIFICATION(S): Private/Public
GOVERNING STATUTE: Minn. Stat. §� 13.871, subd. 3(c) and 609324, subd. 5
DESCRIPTION OF DATA: Notation in a driving record that the di•iver has used a motor
vehicle to patronize prostitutes, but becomes public if the person has been convicted
previously of patronizing a prostitute or another violation under Minn. Stat. § 609.324 or
609.322.
Videotapes of Child Abuse Victims
CLASSIFICATION(S): Private / Confidential
GOVERNING STATUTE: Minn. Stat. §§ 13.821, 611A.90
DESCRIPTION OF DATA: Videotapes in which a child victim or alleged victim is
alleging, explaining, denying, or describing an act of physical or sexual abuse.
Vulnerable Adult Report Records
CLASSIFICATION(S): Private / Confidential
GOVERNING STATUTE: Minn. Stat. �§ 13.871, subd. 6(1), 626.557, subd. 12(b).
DESCRIPTION OF DATA: Reports made pursuant to Minnesota Statutes Section
626.557 of possible incidents of maltreatment of vulnerable adults; identities of individuals
malcing such reports.
Adopted by the City of Cottage Grove on ,��2013.
389730v33 CAH CT155-1 �
Ryan Schroeder, City Administrator
389730v�3 CAH CT155-1 �
Document comparison by Workshare Compare on Tuesday, July 16, 2013
10:07:42 AM
Input:
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Description DOCSOPEN-#389730-v2-Cottage_Grove_Data_Practices
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Document 2 ID Powerpocs://DOCSOPEN/389730/3
Description DOCSOPEN-#389730-v3-Cottage_Grove_Data_Practices
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