Res 2010- 10 Adopt Data Practices PolicyCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 10 -10
RESOLUTION ADOPTING DATA 'RACTICES POLICY
WHEREAS, Minnesota Statutes, Chapter 13, requires the adoption of certain policies and
procedures pertaining to goveriunent data practices; and
WHEREAS, the statute also requires the appointment of a data practices compliance
official, a data practices responsible authority and designee(s) to enforce the data
practices policies of government agencies.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota
Heights, that the attached City of Mendota Heights Data Practices Policy, together with
the exhibits attached thereto, is hereby adopted and approved as if fully set forth herein;
and
BE IT FURTHER RESOLVED, that City Clerk Kathleen Swanson is appointed to serve
as the city's data practices compliance official and data practices responsible authority
and that Police Chief Michael Aschenbrener is hereby appointed as Data Practices
Designee.
Adopted by the City Council of the City of Mendota Heights this Third day of February,
2010.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
ATTEST:
thleen M. Swanson
City Clerk
CITY OF MENDOTA HEIGHTS
DATA PRACTICES POLICY
City of Mendota Heights Data Practices Policy
Government Data are separated into classifications, and the classification of data determines their
accessibility by the public Information about individual people is classified by law as public, private, or
confidential. A list ofthe private endconfidenba!infonnationmainbainedbytheCityioattachedoaExhibit
A.
Data On lndividuas
Data on individuals are defined as government data in which any individual is or can be identified as the
subject of that data, unless the appearance of the name or other identifying data can be clearly
demonstrated to be only incidental to the data and the data is not accessed by the name or other
identifying data of ariy individual.
There are three classifi individuals catonsofdetaon n :
• Public -- This is data about individuals which can be disclosed to anyone for any purpose, e.g. names
and salaries of city employees.
[
• Private -- This is data about individuals which can be disclosed only to the subject of the data or to
government entities and employees whose work assignments reasonably require access to the data.
[
• Confidential This is data about individuals that even the individuals themselves cannot be told, e.g.,
information from an investigation about welfare fraud or in adoption records. Note, however, that even
if
the confidential data itself cannot be disclosed to individua\a, individuals do retain the right to know
whether an agency is maintaining confidentia data about them. Confidential information may be given t
o
people who are authorized access by federal, state or local law or court order or people within the city
staff, the City Council, and ou taideoQenta(auohasattorneya)whoaevorkaesignnenteorresponsibi|itinu
reasonably require access.
Data not on ind ua|soregovennmmntdotoaboutnon-ndividuala,euchoeorganizatkonmincuding
• Public — This is data about non-individuals, such as businesses, which can be disclosed to anyone for
any purpose, e.g., names of vendors who have contract with the city.
• Private -- This is data about non-individuals which can be disclosed only to the subject of the data or to
government entities and employees whose work assignments reasonably require access to the data, e.g.,
certain financial information about businesses.
• Protected Non-public -- This is data about non-individuals, which is available only to government
entities with a legal right to know it. A corporation being investigated for fraud, for example, would not
have a right to the information being couected during the investigation.
City of Mendota Heights Data Practices Policy
copies of public data. The Data Practices Act allows us to charge for copies. You have the right to
look at data, free of charge, before deciding to request copies.
How to Make a Data Request
To look at data or request copies of data that the City of Mendota Heights keeps, make a written request.
Make your written request for data to the appropriate individual listed in the Data Practices Contacts
document on page eight. You may make your written request for data by mail, using the data request
form on page ten.
If you choose not to use the data request form, your written request should include:
1. that you, as a member of the public, are making a request for data under the Data Practices
Act, Minnesota Statutes, Chapter 13;
2. whether you would like to look at the data, get copies of the data, or both; and
3. a clear description of the data you would like to inspect or have copied.
The City of Mendota Heights cannot require you, as a member of the public, to identify yourself or explain
the reason for your data request. However, depending on how you want us to process your request (if,
for example, you want us to mail you copies of data), we may need some information about you. If you
choose not to give us any identifying information, we will provide you with contact information so you may
check on the status of your request. In addition, please keep in mind that if we do not understand your
request and have no way to contact you, we will not be able to begin processing your request.
How We Respond to a Data Request
Upon receiving your written request, we will work to process it. If we do not have the data, we will notify
you in writing as soon as reasonably possible. If we have the data, but the data are not public, we will
notify you in writing as soon as reasonably possible and state which specific law says the data are not
public.
If we have the data, and the data are public, we will respond to your request appropriately and promptly,
within a reasonable amount of time by doing one of the following:
a. arrange a date, time, and place to inspect data, for free, if your request is to look at the data,
or
b. provide you with copies of the data as soon as reasonably possible.
You may choose to pick up your copies, or we will mail or fax them to you. if you want us to send you the
copies, you will need to provide us with an address or fax number. We will provide electronic copies
(such as email or CD -ROM) upon request if we keep the data in electronic format. Information about
copy charges is on page nine.
If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please
let us know. We will give you an explanation if you ask.
The Data Practices Act does not require us to create or collect new data in response to a data request if
we do not already have the data, or to provide data in a specific form or arrangement if we do not keep
the data in that form or arrangement. (For example, if the data you request are on paper only, we are not
required to create electronic documents to respond to your request.) If we agree to create data in
response to your request, we will work with you on the details of your request, including cost and
response time.
Ina addition, the Data Practices Act does not require us to answer questions that are not requests for
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City of Mendota Heights Data Practices Policy
charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about
you and whether the data are pub|io, private, or confidential.
As a parent, you may have the right to look at and get copies of public and private data about your minor
children (under the age of 18). As a legally appointed guardian, you have the right to look at and get
copies of public and private data about an individual for whom you are appointed guardian.
Minors have the right to ask the City of Mendota Heights not to give data about them to their parent or
guardian. If you are a minor, we will teU you that you have this right. We may ask you to put your
request in writing and to include the reasons that we should deny your parents access to the data. We
will make the final decision about your request based on your best interests. Note: Minors do not have
this right if the data in question are educational data maintained by an educational agency or institution.
When We Collect Data from You: When we ask you to provide data about yourself that are not public,
we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls
what we do with the data that we collect from you. Uauo||y, we can use and release the data only in the
ways described in the notice.
We will ask for your written permission if we need to use or release private data about you in a different
way, or if you ask us to release the data to another person. This permission is called informed consent.
If you want us to release data to another person, you must use the consent form we provide.
Protecting your Data: The Data Practices Act requires us to protect your data. We have
established appropriate safeguards to ensure that your data are safe.
When your Data are Inaccurate and/or Incomplete: You have the right to challenge the accuracy and/or
completeness of public and private data about you. You also have the right to appeal our decision. If
you are a minor, your parent or guardian has the right to challenge data about you.
How to Make a Request for Your Data
To look at data, or request copies of data that the City of Mendota Heights keeps about you, your minor
children, or an individual for whom you have been appointed legal guardian, make a written request.
Make your request for data to the appropriate individual listed in the Data Practices Contacts document
on page eight. You may make your written request by mail using the data request form on page eleven.
If you choose not use to use the data request form, your written request should include:
1. that you are making a request under the Data Practices Ac (Minnesota Statutes, Chapter 13), as a
data subject for data about you;
2. whether you would like to inspect the data, have copies of the data, or both;
3. a clear description of the data you would like to inspect or have copied; and
4. identifying information that proves you are the data subject, or data subject's parent/guardian.
The City of Mendota Heights requires proof of your identity before we can respond to your request for
data. If you are requesting data about your minor child, you must show proof that you are the minor's
parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the
Standards for Verifying ldentity document located on page thirteen.
How We Respond to a Data Request
Once you make your written request, we will work to process your request. If it is not clear what data you
are requesting, we willask you for clarification.
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City of Mendota Heights Data Practices PoIicy
CITY OF MENDOTA HEIGHTS
Data Practices Contacts
Responsible Authority
Kathleen M. Svvanoon, City Clerk, 1101 Victoria Curve, Mendota Heights, Minnesota 55118
Phone: (651)452-1850 fax: (651)452-8940
Data Practices Designee(s)
Police Chief Michael Aschenbrener, 1101 Victoria Curve, Mendota Heights Minnesota 55118
Phone: (651)452-1366 fax: (651)452-8940
Police department data requests will be directed to the Police Chief who will handle them in
accordance with the police department's procedures manual which supplements the city's
general policy.
Data Practices Compliance Official
Kathleen M. Svvenson, City Clerk, 1101 Victoria Curve, Mendota Height . Minnesota 55118
Phone: (651)452-1850 fax: (651)452-8940
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City of Mendota Heights Data Practices Policy
City of Mendota Heights
Data Request Form — Members of the Public
Date of request:
1 am requesting access to data in the foliowing way:
Note: inspection is free but the City of Mendota Heights charges $0.25 per page for 100 or fewer one-
sided pages of black and white, letter or legal size paper copies cost or 50¢ for a two-sided copy.
O Inspection OCopiesO Both inspection and copies
These are the data 1 am requesting:
Note: Describe the data you are requesting as specifically as possible. If you need more spooe, please
use the back of this form.
Contact Information
Name:
Address:
Phone number: Email address:
You do not have to provide any of the above contact information. However, if you want us to mali you
copies of data, we wili need some type of contact information. in addition, if we do not understand your
request and need to get clarification from you, without contact information we will not be able to begin
processing your request untii you contact us.
The City of Mendota Heights wili respond to your request as soon as reasonably possible.
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City of Mendota Heights Data Practices Policy
Standards for Verifying Identity
The foliowing constitut proof of identity.
An adult individual must provide a valid photo (D, such as
a state driver's license
a military ID
a passport
a Minnesota ID
a Minnesota tribal ID
A minor individual must provide a valid photo ID, such as
o state driver's license
a military ID
a passport
a Minnesota ID
a Minnesota Tribal ID
a Minnesota school ID
The parent or guardian of a minor must provide a va!id photo ID and either
a certified copy of the minor's birth certificate or a certified copy of documents that
establish the parent or guardian's relationship to the ohi|d, such as
a court order relating to dk/oroe, eepanaUon, custody, foster care
a foster care contract
an affldavit of parentage
The legal guardian for an individual must provide a valid photo ID and a certified copy of
appropriate documentation of formal or informal appointment as guardian, such as
court order(s)
valid power of attorney
Note: Individuals who do not exercise their data practices rights in person must provide either notarized
or certified copies of the documents that are required or an affidavit of ID.
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City of Mendota Heights Data Practices Policy
NON-PUBLIC DATA MAINTAINED BY CITY T A)
1. Personnel Data (Private) Minn. Stat. §13.43
All data on all individuals who are or were an employee, an applicant for employment, volunteer,
independent contractor, or member or applicant for advisory board or commission is private, except the
following which is public:
Name
Employee identification number, which must not be the employees Social Security number
Actual gross salary
Contract fees
Actual gross pension
Value and nature of employer paid fringe benefits
Basis for and amount of added remuneration, including expense reimbursement
Job description, job title and bargaining unit
Education and training background
Relevant test scores and rank on eligible list
Previous work experience
Date of first and last employment
Veteran status
The existence and status (but not nature) of any complaints or charges against the
emp|oyae, regardless of whether the complaint or charge resulted in discipline
Final disposition of any disciplinary action, together 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 city
Terms of any agreement settling any dispute arising from the employment relationship,
including a 'buyout" agreement
Work availability
Work location
Work telephone number
Badge number
Honors and awards received
Payroll time sheets or other comparable data that are only used to account for employee's work
time for payroll purposea, except to the extend that_ release of time sheet data would reveal
the employee's reasons for the use of sick or other medical leave or other non-public data
Names and addresses of applicants for and members of an advisory board or commission
Name, after being certified as1 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)
If it is necessary to protect an employee from harm to self or to protect another person who may be
harmed by the employee, information that is relevant to the safety concerns may be released to (1) the
person who may be harmed or to the person's attorney when relevant to obtaining a restraining order, (2)
a pre-petition screening team in the commitment process, or (3) a court, law enforcement agency or
prosecuting agency.
Alt other data is private but may be released pursuant to a court order. Data pertaining to an em
dependents are private data on individuals.
3. Property Complaint Data (confidential)
Minn. Stat. §13.44
The identities of individuals who register complaints concerning violations of state laws or local
ordinances concerning the use of real property.
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13. Civil Investigative Data
City of Mendota Heights Data Practices PoIicy
Minn. Stat. §13.39
Data collected as part of an active investigation undertaken to commence or defend pending civil
/itigetion, or which are retained in anticipation of pending civil litigation is oonfidentia|, except that a
complainant's statement is private.
14. Appraisal Data (Confidential or Non-Public)
Minn. Stat. §13.44
a. Estimated or appraised values of individual parcels of real property that are made by
personnel of the city or by independent appraisers acting for the city for the purpose of selling
| or acquiring and through purchase or condemnation are classified as confidential data on
individuals ar protected nonpublic data.
b. Appraised values of individual parcels of real property that are made by appraisers
working for fee owners or contract purchasers who have received an offer to purchase
their property from the city are classified as private data on individuals or nonpublic
The data become public upon the occurrence of any of the following:
The data are submitted to a court-appointed condemnation commissioner;
The data are presented in court in condemnation proceedings; or
The negotiating parties enter into an agreement for the purchase and sale of the property.
15. Personal and intangible property; appraisal data. (Non-Public) Minn. Stat. §13.44
Preliminary and final market value appraisals, which are made by personnel of the city or by an
independent appraiser acting on behalf of the oity, of personal and intangible property owned by
the city are classified as nonpublic data not on individuals until either (1) a purchase agreement is
entered into; or (2) the parties negotiating the transaction exchange appraisals.
16. Social Security numbers (Private)
Minn. Stat. §13.355
The Social Security numbers of individuals, whether provided in whole or in part, collected or
maintained by a government entity are private data on individua|s, except to the extent that
access to the Social Security number is specifically authorized by law.
17. Recreation Data (Private)
Minn. StaL§13.57
For people enrolling in recreational or other social programs: name, addroae, telephone number, any
other data that identifies the individual, and any data which describes the health or medical condition of
the individual, family relationships, living arnsngamenta, and opinions as to the emotional makeup or
behavior of an individual.
18. Planning Survey Data (Private/Nonpublic)
Minn. Stat. §13.43
The following data collected in surveys of individuals conducted by the city for the purpose of planning,
development and redevelopment are classified as private or nonpublic: names and addresses of
individuals and the legal descriptions of property owned by the individuals, and the commercial use of the
property to the extent disclosure of the use would identify a particular business.
19. City Attorney Records Minn. Stat. §13.311
The uoe, mdleotion, stonage, and dissemination of data by the city attorney is governed by statues, rules,
and professional standards concerning discovery, production of documents, introduction of evidence, and
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City of Mendota Heights Data Practices Policy
Consent to Release — RemumstfrQm a Government Entity
Explanation of Your Rights
You have the right to choose what data we release. This means you can let us release all of the data,
some of the data, or none of the data listed on this form. Before you give us permission to release the
data, we encourage you to review the data listed on this form.
You have the right to let us release the data to all, some, or none of the persons or entities listed on this
form. This means you can choose which entities or persons may receive the data and what data they may
receive.
You have the right to ask us to explain the consequences for giving your permission to release the data.
You may withdraw your permission at any time. Withdrawing your permission will not affec the data that
we have already released because we had your permission to release the data.
If you have a question about anything on this form, or would like more explanation, please talk to
Kathleen Swanson, City Clerk, 1101 Victoria Curve, Mendota Heights, Minnesota 55118, (651)452-1850,
before you sign it.
[ . give my permission for the City of Mendota Heights to
release data about me to as described on this form l understand
that my decision to allow release of the data to is
voluntary.
1. The specific data that the City of Mendota Heights may release to
are
2. | understand the City of Mendota Heights wants to release the data for this reason:
3. I understand that although the data are classified as private at the City of Mendota Heights, the
classification/treatment of the data at depends on laws or policies that
apply to
This authorization to release the data expires
Individual data subject's signature
Date
Parent/guardian's signature [if needed]
Date
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