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HomeMy WebLinkAbout80-022 ' ~ ~ RESOLUTION . NO. 80-22 CITY OF LAKEVILLE DAKOTA COUNTY., MINNESOTA A RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES PURSUANT TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT. WHEREAS, the Minnesota Government. Data Practices Acts. Minnesota .Statutes, Sections 15.1611- to 15.1698 as amended..., requires that this City appoint one person as the Responsible Authority to administer ahe requirements for collection, sto- rage, use and disseminat-ion-of data on individuals, govern- merit data, and summary data, within the city; and WHEREAS, the .City Council is concerned with the respon- Bible use of City data and wishes to .satisfy this concern by immediately appointing an administratively qualified Re- sponsible Authority as required under the Act and assigning duties to that person. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKEVILLE, MINNESOTA: 1. The-.City Council of Lakeville,. Minnesota,. appoints.. Patrick McGarvey as the Responsible Authority for the purposes of .meeting .all requiremen s of the Minnesota Government Bata Practices Act, Minnesota Statutes,. Section.15.1611 through, 15.1698; as amended, . 2. The Responsible Authority may designate a Gity em- ployee or employees. to assist in the administration and en- forcemeat of the duties of the Responsible Authority and to be in charge of individual files or systems Containing govern- merit data and to receive and comply with requests for govern- merit 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 area 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 desig- pees are as follows: a. The Responsible Authority shall keep records containing government data in such an arrangement and condi- tion 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 pro- cedures to insure that requests for government data are re- ceived 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 .provided by. the Responsible.Author- ity, and if the person requests,'that'person,shall be informed of the data' meaning. -Thee Responsible Authority.-or designee shall .provide copies of-government-data upon request. The Responsible ;Authority or designee shall require the request- ing person tq pay the actual. cost of making,- certifying and compiling the copies. If the Responsible Authority or desig- nee 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 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 classification 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 des- cripton of each type of record, file or process relating to private or confdenta 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. Thee Responsible Authority shall establish prose- dures o assure that. all data:.on individuals is accurate, .complete and current `fore the purpose for whch'it was col.- lected and establish appropriate security safeguards for all records containing data. on individuals. f. The Responsible Authority or designee shall ,pre- pare summary.-data from private or confidential data on ind.- viduals upon-the request of any person, provided that the request.:: is in writing and the cost of preparing the summary -2- data is borne by the requesting person. The Responsible Autho- rity 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 e to disclose, and the Responsible Authority reasonably deter- mines that the access will not compromise private or confi- dential data on individuals.. g. The Responsible Authority shall prepare a public document setting forth the rights of the data subject pur- suant to. the Minnesota Government .Data Practices Act. and the specific procedures in effect in the City for access by the -data subjects to publicor private data. on individuals. h. The Responsible Authority or designee shall allow another Responsble°Authority or designee access to data clas- sfied as not public only :when the access is authorized or rewired by statute or federal"law. The Responsible Authority or designee :when supplying government data under this provi- sion 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 temporarily data 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 individual mush. be informed whether he is the- subjeet of stored data on individuals,, and whether it is clas- sfied as public, private or confidential. Upon further re- quest, he 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 Author y or desg- nee shall pr©vde copies of the private data. upon request by,the individual subject, of the' data, and. the-.cost of pro-`" viding copies shall be borne by the individual. The Respon- Bible Authority or_designee shall comply immediately, if pos- sble, with any-request made by an individual under ..:this para- graph, or within-five days of the. date of he request, exclud- ng Saturdays, .Sundays and legal holidays, if immediate com- pliance 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 days .within which_to comply with the request, excluding Saturdays, Sundays and legal holidays. -3- -k. If an individual .contests the accuracy or com- pleteness 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 inac- curate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named. by the. individual.; or notify the individual that the Respon- sible Authority believes the data to be correct. Data which i5 in dispute shall be disclosed only if the individual's statement of disagreement is included. with the disclosed .data. 4. This resolution:mplementing the Minnesota Government Data Practices. Act'shall remain in force and effect: until modified by the City Council. Adopted by the Council of the City of Lakeville this 4th day of February.. 1980". ordon Lekson, ayor { Patrick McGarvey, Cl k -4-