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HomeMy WebLinkAbout80-136 w CITY OF LAKEVILLE RESOLUTION Date November 17, 1980 Resolution No. 80-136 Motion by Zaun Seconded by Nelson RESOLUTION APPOINTING A..RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES UNDER THE MINNESOTA .GOVERNMENT DATA PRACTICES ACT WHEREAS, the Minnesota Government Data Practices Act, M.S. 15.1611 to 15.1699 as amended, requires that this city appoint one person as the Responsible Authority to administer the requirements for collection, storage, use, and dissemination of data on individuals, government data, and summar~r data within 'this city;.`-and WHEREAS, the city council is_concefned 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 LAKEVILLE, MINNESOTA: 1. The city council of Lakeville, Minnesota appoints Patrick E, McGarvey as the Responsible Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, M.S. Section 15.1611 through 15.1699 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, the 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 them in the requirements of administering and enforcing the Minnesota Government Data Practices Act. -1- ti 3. The duties of the Responsible Authority and designees are as follows: a. The Responsible Authority shall prepare'a public document containing his name, title, and address, and a description of each type. of record, 1 file, or process relating to .private or confidential. data on individuals retained by the city. In addition, ;the public document shall contain the rights of the data subject pursuant to the Minnesota Government Data Pr~.ctices Act and the specific procedures in effect in the city for .access by the. data subjects to public or private data on individuals. 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 its accuracy. b. 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, photostatic, microphotographic, or microfilmed records shall be condidered as .accessible for convenient use regardless of the size of these records. c. The Responsible Authority shall establish procedures to insure that requests for government data are received and complied with in an appropriate and prompt manner. d. 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. e. 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 Authority, and if the person requests, that person shall be informed of the data's meaning. The Responsible Authority or designee shall provide copies of government data upon request. The Responsible 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 -2- M , classified so us 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. f. Upon request to the. Responsible Authority or designee, any indiv- idual shall be informed whether he is subject to stored-data on individuals, and whether it is classified as public, private, or con- fidential. 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, 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 days within which to comply with the request excluding Saturdays, Sundays, and legal-holidays. g. 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; 30".days either correct the data found to be inaccurate or incomplete and attempt to notify past recip- ients of inaccurate or incomplete data, including recipients named by the individual; or notify the individual that the Responsible Author- ity 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. h. The Responsible Authority or designee ;shall allow another Respon- sible Authority or designee access to data classified as not public only. when .the access is authorized or required by statute or federal law. The data shall retain the same. classification in the hands of the agency receiving it as it had in the agency providing it. A change -3- ~ ' + , in classification s.permittediif required by judicial or admnis- trative rule pertaining to the conduct of legal action or with a specific statute to the data in the possession of the providing or receiving agency. 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 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 the infor- mation, and. the Responsible Authority reasonably determines that the access will not compromise. private or confidential data on individuals.. j. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for the classification of data or types of data on individuals as private or confidential, or of data not on individuals as non-public. or protected non-public, on a temporary basis. until a. proposed statute can-be-acted upon by the legislature. 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect until :modified by the city COUX1C11. ADOPTED by the COUnCll of the City of Lakeville this 17th day of November 1980. CITY OF LAKEVILLE B Gordon Lekson, Mayor ATTEST: f' , r., ~ G Patrick. E. McGarvey, City Clerk } -4-