Memo-National Night Out
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I Memorandum
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To: Honorable Mayor and Members of the City Council
From: Chief Craig A. Reid c' .Q,._D
Date: 09/21/2000
Re: National Night Out Guidelines
Overview
Because National Night Out is classified as a crime prevention program, Minn. Statute
13.37 limits the Police Department in methods of collection and dissemination of infonnation
regarding the participants in National Night Out events. A number of elected county and
state officials as well as candidates for political office have requested information on
locations for National Night Out events. Members or the news media also make requests
. for information about National Night Out events.
National Night Out is intended to facilitate better identification and knowledge of one's
neighbors to allow for mutual support in efforts of public safety. The event is designed to
allow participants an opportunity to get to know each other through neighborhood
gatherings. Police and Fire Department members attempt to visit gatherings to allow
residents an opportunity to get to know members of the departments and pose any
questions they have about public safety.
Under conditions of the statute the registration forms for this event may include a waiver
portion known as a Tennessen warning, which would allow persons registering to waive
restrictions on information dissemination and allow the Police Department to release
location information to parties requesting it.
The Department is considering developing two lists. One a non-address specific list
covering all event organizations. This is similar to the list released by the Department for
the August 2000 event. The second would be a list of those events that sign a waiver and
allow the release to other parties.
Transporting or escorting any person not directly affiliated with pUblic safety may give the
impression that their presence at the event is a part of the public safety contact, Persons
may be allowed access to property they would not receive appearing on their own.
. Primary Issues to Consider
Should a Tennessen waiver be included on all registrations?
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September 21, 2000
. . Development and administration of specific address lists and non-specific lists and which
copies to release to requesting parties.
. Should candidates for political office receive the same information as elected officials?
. Should elected leaders, candidates or members of the media be transported or escorted
to gatherings by members of the Police or Fire Departments?
SupportinQ Infonnation
. Legal opinion by City Attorney Wynn Curtis.
. Sample registration with Tennessen waiver
. Draft of Legislative Policy
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City of%pkins ,
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MEMORANDUM
DATE: August 1 0, 2000
TO: Chief Craig Reid ./
James Genellie
FROM: Wynn Curtiss
RE: Release of Identification Information for
National Night Out Participants
The purpose of this Memo is to address the issue of whether identification information for persons
hosting and/or participating in National Night Out activities can be released.
Minn. Stat. Section 13.37, Subd. l(a) reads as follows:
. '" Security Information' means government data, disclosure of which would be likely
to substantially jeopardize the security of information, possessions, individuals or
property against theft, tampering, improper use, attempt at escape, illegal discourse,
trespass or physical injury."
"Security Information includes crime prevention block maps and lists of volunteers
who participate in community crime prevention programs and their home addresses
and telephone numbers."
Minn. Stat. Section 13,37, Subd. 2 reads as follows:
"The following government data is classified as non-public data with regard to data
not on individuals, pursuant to Section 13.02, Subd. 9, and as private data with regard
to data on individuals, pursuant to Section 13.02, Subd. 12: Security Information; ,
"
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Minn. Stat. Section 13.37, Subd. 3 reads as follows:
"Data Dissemination. Crime prevention block maps and names, home addresses and
telephone numbers of volunteers who participate in community crime prevention
programs may be disseminated to volunteers participating in crime prevention
. programs."
Minn. Stat. Section 13.02, Subd. 5 reads as follows:
c:hopciv\memo,Reid
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"Data on Individuals. Data on individuals means all 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 are not accessed by the name or other identifying data of any
individual. "
Minn. Stat. Section 13.02, Subd. 12 reads as follows:
"Private Data on Individuals. Private data on individuals means data which is made
by state or federal law applicable to the data: (a) not public; and lb) accessible to the
individual subj ect of that data.
Section 13.37 of the Minnesota Government Data Practices Act makes the names, home addresses
and telephone numbers of persons participating in cOffirmmity crime prevention programs, including
the National Night Out program, private. Because the data is deemed private data on individuals,
that data can only be released to the individual or a third party with proper authorization from the
individual.
One additional exception in Section 13.37 allows the dissemination of the name, address and
telephone number of a crime prevention volunteer to other crime prevention volunteers. However,
. the language of the exception is permissive not mandatory. Even though the language of the
exception implies that the public authority has discretion to disseminate the information to other
volunteers, I would suggest that because it is private data, that such dissemination not be done
without specific authorization of the person whose information is being released.
In addition, Section 13.04 sets forth the public authority's obligations when acquiring private data
on individuals. Specifically, Subd. 2 reads as follows:
"An individual asked to supply private or confidential data concerning the individual
shall be informed of: (a) the purpose and intended use of the requested data within
the collecting state agency, political subdivision, or statewide system; (b) whether the
individual may refuse or is legally required to supply the requested data; (c) any
known consequence arising from supplying or refusing to supply private or
confidential data; and (d) the identify of other persons or entities authorized by state
or federal law to receive the data. This requirement shall not apply when an
individual is asked to supply investigative data, pursuant to Section 13.82, Subd. 5,
to a law enforcement officer."
Subd. 2, of Section 13.04 is described as the Termessen warning. The law requires that a Termessen
warning be provided when private data on individuals is collected. Therefore, any form upon which
the Police Department collects information regarding community crime prevention volunteers must
. include a Termessen warning, which must be given to the citizen volunteer before the information
is collected. If you need assistance in drafting forms that include the appropriate language for a
Tennessen warning, I can assist you or, alternatively. you might contact Jim Genellie. Mr. Genellie
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. is designated as the City of Hopkins responsible authority for Government Data Practices requests
and, 1 believe, has forms including a Tennessen warning already prepared.
Finally, if a form is to be drafted to authorize the Police Department to disclose a volunteer's private
data to third parties, the consent form must follow the requirements set forth in Section 13.05, Subd.
4(d). Again, if you want assistance in drafting the form, 1 can provide that assistance for you or you
might contact Mr. Genellie who 1 believe has forms conforming to the statutory requirements.
SUMMARY
Names, home addresses, and telephone numbers of persons participating in community crime
prevention programs, including the National Night Out program, constitute private data on
individuals which is not subject to release to the public unless the individual has signed an
authorization conforming to the statutory requirements.
If you have any questions or require any further information, please contact me.
WC
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National NiQht Out is coming to Hopkins! August 1, 2000 from 5:30 - 9:00 p.m.
~gust 1, 2000 marks the 17th annual National Niqht Out celebration,
e Hopkins Police Department invites you to be a part of this
community-wide event on the evening of Tuesday, August 1 and
invites you and your neighbors to "Give Crime & Drugs a Going
Away Party"
National Niqht Out exists to:
1, Promote community involvement in crime and drug prevention activities
2, Strengthen police-community relations and
3, Encourage neighborhood participation as part of the fight for safer streets.
The Hopkins Police Department encourages you to get involved in this great celebration of community, crime
prevention, and strong police/community partnerships, The most important aspect of National Niqht Out is
getting neighbors together!
Start Planning NOW!
Your event doesn't have to be huge or elaborate - it can be as simple as lemonade and conversation in your
neighbor's yard, The important thing is to talk to your neighbors and plan to GET TOGETHER AS A
N EIG H BORHOOD!
REMEMBER: a strong community makes for a safe community, Everything we do to strengthen the ties
among neighbors of all ages and backgrounds makes our present and future that much brighter, Celebrating
National Niqht Out with the Hopkins Police Department and your neighbors is a positive way to build and
nurture our community by starting in your own back (or front) yard.
Questions? Call Hopkins Police Department Crime Prevention Specialist Connie Kurtz at 939-1385
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NA TlONAL NIGHT OUT Event Registration Form
Contact Person: Phone #: ( ) I
Address: Start time: End:
Location of party/event:
# of households invited: Expected # of Adults: # of Kids:
Plans for party/event (please briefly describe)
....Tennessen Warning""" READ CAREFULLY
The Minnesota Data Privacy Act requires that the registration information you provide on this form is private
data. Private data is available to you but not to the public, While you may choose to withhold this private data,
there may be consequences that could limit your participation in National Night Out events.
By signing below, you are consenting to allow registration information to be shared, upon request, with political
leaders or candidates for political office, and/or media representatives, This consent wi!t expire upon
completion of National Night Out activities,
Participants signature Date
If you need your street blocked off, YOU must get a permit from Public Works (939-1382). The permit is
.REE but necessary if you want your street barricaded for your event.
Check all that apply:
_ This is your first year participating _We do not need a visit by anyone
_Visit from McGruff OR Sparky
. POLICY 2-J
Guidelines for National Night Out
I. PURPOSE
I .01 This policy shall define the guidelines for administration of the Hopkins
National Night Out Activity.
2. GENERAL
2,01 The Police Department Crime Prevention Specialist will conduct a registration
drive for neighborhoods in Hopkins at least 30 days in advance of National Night
Out,
2.03 All registration forms shall include a Tennessen warning asking the registering
party if they wish the collecting agency to supply name, address and telephone
information to news media, political leaders or candidates for political office who may
wish to attend.
2,04 Copies of the participant listing containing a signed Tennessen waiver shall be
supplied free of charge to any news media., political leader or candidate for political
office who shall request the listing.
. 2.05 Copies of non-address specific listings for those neighborhoods who choose not
to sign the Tennessen waiver may be supplied to any member of the news media, any
political leader or candidate for political office who shall request the listing.
2,06 Copies of a non-address specific listing for all neighborhoods shall be provided
to any member of the news media, political leader or candidate for political office who
shall request it.
2.07 The Chief of Police prior to release shall approve copies of the address specific
listing with T ennessen waiver and non- specific listing without waiver.
3, TRANSPORTATION
3.01 Politica1leaders and candidates for political office shall not be transported to or
escorted to, locations of National Night Out gatherings by any member of the
Police or Fire Department.
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