City Council Resolution 1980-03~~
I
'ION APPOINTING A RESPONSIBLE AUTHORITY
'r0 MEET THE REQUIREMENTS OF THE
MINNESOTA GOVERNMENT DATA PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes
Sections 15.1611 to 15.1698 as amended, requires that this City appoint one
person as the Responsible Authority to administer the requirements for collec-
tion, storage, use and dissemination of data on individuals, government data,
and summary data, within this City; and
WHEREAS, the City Council is concerned with the responsible use of City
data and wishes to satisfy this concern by immediately appointing an
administratively qualified Responsible Authority as required under the Act
and assigning duties to that person;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO, MINNESOTA:
1. The City Council of Monticello, Minnesota, appoints Gary Wieber as
the Responsible Authority for the purposes of meeting. all requirements
of the Minnesota Government Data Practices .Act, Minnesota Statutes,
Section 15.1611through 15.1698,as amended.
2. The Responsible Authority may designate a city employee or employees
to assist in the administration and enforcement of the duties of the
Responsible Authority and to be in charge of individual files or systems
containing government data and to receive and comply with requests for
government data. If the Responsible .Authority appoints a designee or
designees, this appointment must be in writing, and the City Council shall
be provided a copy of the appointment. If designees are appointed, the
Responsible Authority shall instruct the designees in the requirements
of administering and enforcing the Minnesota Government Data Practices
Act.
3. The duties of the Responsible Authority and designees are as follows:
a. The Responsible Authority shall keep records containing govern-
ment data in such an arrangement and condition as to make them easily
accessible for convenient use by the public. Photographic, photostatic,
microphotographic, or microfilmed records shall be considered as
accessible for convenient use regardless of the size of these records.
b. The Responsible Authority shall establish procedures to insure
that requests for government data are received and complied with
in an appropriate and prompt manner.
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The Responsible Authority or des~.gnee shall, upon request by any
.on, permit that person to inspect and copy government data dur~.ng
normal business hours of the City and at places provided by the
~onsible Authority, and if the person requests, that person shall
be informed of the data's meaning. The Responsible Authority or desig-
nee shall provide copies of government data upon request. The Responsi-
ble Authority or designee shall require the requesting person to pay
the actual cost of making, certifying and compiling the copies. If
the Responsible Authority or designee is not able to provide copies at
the time a request is made, the Responsible Authority or designee
shall supply copies as soon as reasonably possible. If the Respon-
sible Authority or designee determines that the requested government
data is classified so as to deny the requesting person access, the
Responsible Authority or designee shall so inform the requesting
person orally at the time of the request, and in writing as soon
thereafter as possible, and shall cite the statute, temporary classi-
fication, or federal law upon which the determination is made.
d. The Responsible Authority shall prepare a public document containing
his name, title and address, and a description of each type of
record, file or process relating to private or confidential data on
individuals retained by the City. Forms used to collect private and
confidential data shall be included in this document. The Responsible
Authority shall update the public document annually and make any changes
necessary to maintain the accuracy of the document.
e. The Responsible Authority shall establish procedures to assure
that all data on individuals is accurate, complete, and current
for the purposes for which it was collected; and establish appropriate
security safeguards for all records containing data on individuals.
f. The Responsible Authority or designee shall prepare summary data
from private or confidential data on individuals upon the request
of any person, provided that the request is in writing and the cost
of preparing the summary data is borne by the requesting person. The
Responsible Authority may delegate the power to prepare summary data
to the administrative officer responsible for any central repository of
summary data; or to a person outside of the City if the person, in
writing, sets forth his purpose and agrees not to disclose, and the
Reponsible Authority reasonably determines that the access will not
compromise private or confidential data on individuals.
g. The Responsible Authority shall prepare a public. document setting
forth the rights of the data subject pursuant to the Minnesota Govern-
ment Data Practices Act and the specific procedures in effect in the
City for access by the data subjects to public or private data on
individuals.
h. The Reponsible Authority or designee shall allow another Responsi-
ble Authority or designee access to data classified as not public
only when the access is authorized or required by statute or federal
law. The Responsible Authority or designee when supplying government
data under this provision may require the requesting Responsible
Authority to pay the actual cost of supplying the data.
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The Responsible Authority shall, when appropriate, apphy to the
missioner of Administration for permission to classify temporarily
a or types of data on individuals as private or confidential, or
data not on individuals as non-public, on a temporary basis until
a proposed statute can be acted upon by the Legislature.
j. Upon request to the Responsible Authority, or designee, any indivi-
dual must be informed whether he is the subject of stored data on
individuals, and whether it is classified as public, private or confi-
dential. Upon further request, the individual who is the subject of
stored private data on individuals shall be shown the data without
any charge to him and, if he desires, shall be informed of the content
and meaning of that data. The Responsible Authority or designee shall
provide copies of the private data upon request by the individual
subject of the data, and the cost of providing copies shall be borne
by the individual. The Responsible Authority or designee shall comply
immediately, if possible, with any request made by an individual under
this paragraph, or within five days of the date of the request, ex-
cluding Saturdays, Sundays and legal holidays, if immediate compliance
is not possible. If the Responsible Authority or designee cannot
comply with the request within that time, he shall so inform the indi-
vidual, and may have an additional five days within which to comply
with the request, excluding Saturdays, Sundays and legal holidays.
k. If an individual contests the accuracy or completeness of public
or private data concerning himself, and notifies in writing the
Responsible Authority describing the nature of the disagreement, the
Responsible Authority shall within thirty days either correct the data
found to be inaccurate or incomplete and attempt to notify past reci-
pients named by the individual; or notify the individual that the
Responsible Authority believes the data to be correct. Data which is
in dispute shall be disclosed only if the individual's statement of
disagreement is included with the disclosed data.
4. This resolution implementing the Minnesota Government Data Practices
Act shall remain in force and effect until modified by the City Council.
VOTING IN FAVOR: Arve Grimsmo, Dan Blonigen, Fran Fair, Ken Maus, Phil White.
OPPOSED: None
Adopted by the Council of the City of Monticello
this 14th day of January, 1980.
!~/ c.~o~e.._.
Ga Wie er, City Administrator
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