CR 2000-177 National Night Out Guidelines
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. November, 8, 2000 HOPKINS Council Report 2000-177
National Night Out Guidelines
Proposed Action
Staff recommends adoption of the following motion: Move that the Hopkins City Council adopt
Resolution 200o-aO, aoprovino the operational Quidehnes for staff to use in coniunction with National
Night Out Activities in the City of Hopkins.
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 information 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 of 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 all()w persons registering to waive restrictions on information
dissemination and allow the Police Department to release location information to parties requesting it.
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Primary Issues to Consider
. Adding a Tennessen waiver to all registrations.
. Development of specific address lists and non-specific lists and which copies to release what
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 Information
. Legal opinion by City Attorney Wynn Curtis.
. Resolution No. 2000-80
. Proposed City Policy 2-J
. Sample sign up sheet with additional Tennessen warning
. Financial Impact: $ Budgeted: Y/N - Source:
Related Documents (CIP, ERP, etc.):
Notes:
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City of%pkins
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MEMORANDUM
DATE: August 10. 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 lnformation' 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 govenunent 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] 3.02, 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. "
. Mirill. Stat. Section 13.02, Subd. 5 reads as follows:
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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. "
Milill. 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: ea) not public; and (b) accessible to the
individual subject 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 community 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 Tennessen warning. The law requires that a Tennessen
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 Tennessen 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, I can provide that assistance for you or you
might contact Mr. Genellie who I 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.
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. City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2000-80
WHEREAS, the City Council of the City of Hopkins has approved a document entitled
the Legislative Policy Manual to provide uniform guidelines on City policies
so that actions taken are consistent and fair; and
WHEREAS, the City of Hopkins supports and encourages National Night Out activities
within the City; and
WHEREAS, the City receives requests for information about National Night Out
activities within the City; and
WHEREAS, some information regarding these activities is private data as defined by
Minnesota state law,
. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby adopts the attached Legislative Policy 2-J which sets forth the
guidelines for administration of the Hopkins National Night Out Activity.
Adopted by the City Council of the City of Hopkins this 8th day of November 2000.
By
Gene Maxwell, Mayor
ATTEST:
Terry Obermaier, City Clerk
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. POLICY 2-J
Guidelines for National Night Out
1. PURPOSE
1.01 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
Vlish 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 Vlith Tennessen waiver and non- specific listing without waiver.
3. TRANSPORTA nON
3.01 Political leaders and candidates for political office shall not be transported to or
escorted to, locations of National Night Out gatherings by any member ofthe
Police or Fire Department.
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National NiQht Out is coming to Hopkins! August 7, 2001 from 5:30 - 9:00 p.m.
_gust 7, 2001 marks the 18th annual National Niqht Out celebration.
e Hopkins Police Department invites you to be a part of this
great celebration of community, crime prevention, and strong
police-community partnerships on Tuesday, August 7. The most
important aspect of National Niqht Out is getting neighbors
together to "Give Crime & Drugs a Going Away Party."
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 - plan to GET TOGETHER AS A
NEIGHBORHOOD!
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 T10NAL NIGHT OUT Event Registration Form
Contact Person: Phone #: ( )
Address: Start time: End:
eocation of party/event Expected # of Adults: # of Kids:
of households invited:
Plans for party/event (please briefly describe)
** READ CARE FULL Y**
The Minnesota Government Data Practice Act defines the registration information you provide on this
form as "private data!' Private data is available to you but not to the public. The information will be
used by the Hopkins Police Department to assist with National Night Out events and will be available
only to the Hopkins Police Department and the City of Hopkins. You may withhold this information,
but doing so may limit your participation in National Night Out events.
By signing below, you consent to the Hopkins Police Department releasing your registration
information, upon written request, to elected officials representing your area and to candidates for
those elected offices. This consent expires upon completion of 2001 National Night Out activities.
Signature Date
_Place an X here if you consent to the release of your registration information, upon written request,
to the news media.
If you need your street blocked off, YOU must get a permit from Public Works (939-1382). The permit is FREE
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 from anyone
_Visit from McGruff OR Sparky
RETURN THIS FORM TO HOPKINS POLICE BEFORE JUL Y 20. MAIL TO 1010 1 ST St S. Hopkins MN
55343. drop it off or fax to (952) 939-1375. PHONE REGISTRATIONS WILL NOT BE ACCEPTED.
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