Res 1980- 23 Designate Responsible AuthorityCITY OF MENDOTA HEIGHTS
Dakota County, Minnesota
RESOLUTION NO. 30-213
RESOLUTION APPOINTING A RESPONSIBLE
AUTHORITY AND ASSIGNING DUTIES
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 and administra-
tively qualified Responsible Authority as required under the Act and assigning
duties to that person;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MENDOTA HEIGHTS,
MINNESOTA:
1, The City Council of Mendota Heights, Minnesota, appoints Kathleen M.
Swanson as the Responsible Authority for the purposes of meeting all
requirements of the Minnesota Government Data Practices Act, Minnesota
Statutes, Section 15.1611 through 15.1698, as amended.
2. The Responsible Authority may designate a City employee or employees to
assist in the administration and enforcement of the duties of the
Responsible Authority and to be in charge of individual files or 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 require-
ments 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 government
data in such an arrangement and condition as to make them easily
accessible for convenient use by the public. Photographic, photo-
static, microphotographic, or micofilmed records shall be considered
as accessible for convenient use regardless of the size of these
records.
b. The Responsible Authority shall establish procedures to insure that
requests for government data are received and complied with in an
appropriate and prompt manner.
C, The Responsible Authority or designee shall, upon request by any
person, permit that person to inspect and copy government data
during the normal business hours of the City and at places pro-
vided by the Responsible Authority, and if the person requests,
-1-
that person shall be informed of the data's meaning. The Respon-
sible 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 Responsible Authority or designee determines
that the requested government data is classified so as to deny
the requesting person access, the Responsible Authority or desig-
nee 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 classification, or federal law
upon which the determination is made.
d. The Responsible Authority shall prepare a public document contain-
ing 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 sec-
urity 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 re-
pository of summary data; or to a person outside of the City if the
person, in writing, sets forth his purpose and agrees not to dis-
close, and the Responsible Authority reasonably determines that the
access will not compromise private or confidential data on indivi-
duals.
g. The Responsible Authority
forth the rights of the d
Government Data Practices
in the City for access by
data on individuals,
shall prepare a public document setting
ata subject pursuant to the Minnesota
Act and the specific procedures in effect
the data subjects to public or private
h. The Responsible Authority or designee shall allow another Responsible
Authority or designee access to data classified as not public only
when the access is authorized or required by statute or federal law.
The Responsible Authority or designee when supplying government
data under this provision may require the requesting Responsible
Authority to pay the actual cost of supplying the data.
i. The Responsible Authority shall, when appropriate, apply to the
Commissioner of Administration for permission to classify tem-
porarily data or types of data on individuals as private or con-
fidential, or data not on individuals as non - public, on a tem-
porary basis until a proposed statute can be acted upon by the
Legislature.
-2-
j. Upon request to the Responsible Authority, or designee, any in-
dividual must be informed whether he is the subject of stored
data on individuals, and whether it is classfied as public,
private or confidential. Upon further request, the individual
who is the subject of stored private data on individuals shall
be shown the data without any charge to him and, if he desires,
shall be informed of the content and meaning of that data. The
Responsible Authority or designee shall provide copies of the
private data upon request by the individual subject of the data,
and the cost of providing copies shall be borne by the individual.
The Responsible Authority or designee shall comply immediately,
made by an individual under this paragraph, or within five (5)
days of the date of the request, excluding 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 individual, and
may have an additional five (5) 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 (30) days either
correct the data found to be inaccurate or incomplete and attempt
to notify past recipients of inaccurate or incomplete data, includ-
ing recipients named by the individual; or notify the individual
that the Responsible Authority believes the data to be correct.
Data which is in dispute shall be disclosed only if the indivi-
dual'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.
Adopted by the City Council of the City of Mendota Heights this 4t day of
March , 1980.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
r
_;
By :�
1
` . .
Robert G. Lockwood
Mayor
ATTEST:
Kathleen M. Swanson
City Clerk