CR 98-093 Adopt Legislative Policy 3-EJune 8, 1998
Overview
Supporting Information
Resolution #98 -034
Legislative Policy #3 -E
,''rs A. Genellie
sistant City Manager
ADOPT LEGISLATIVE POLICY #3 -E
DATA PRACTICES
Council Report 98 -093
Proposed Action
Staff recommends that the Council approve the following motion: Move that the Hopkins City
Council approve Resolution #98 -034. appointing a "Responsible Authority" and adopting
Legislative Policy #3 -E.
Adoption of this motion will appoint the Assistant City Manager as the City's "Responsible
Authority" and revise and update the City's policy on government data.
In 1984, the City Council adopted a data practices policy. The laws regarding government data
have been amended since that time. There have also been court decisions and other actions that
warrant revisions to this policy.
Staff is recommending that the Council adopt the data practices: policy as part of the City's
Legislative Policies.
Primary Issues to Consider
Does the City have a choice regarding the adoption of this policy?
State law mandates the appointment of a "responsible authority." State statutes also require
the establishment of policies and procedures for handling government data. All of the rules
and data classifications contain in the proposed policy are based upon state law.
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 98 -034
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, Minnesota Statutes, Chapter 13, requires the appointment of a
responsible authority and the establishment of procedures for the
acquisition and dissemination of government data; and
WHEREAS, the City's data practices policy was adopted in 1984 and is outmoded in
parts,
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins
hereby appoints James A. Genellie, the Assistant City Manager, as the
City's responsible authority and adopts the attached Legislative Policy 3 -E
which sets forth the policies and procedures for the collection and
dissemination of government data.
Adopted by the City Council of the City of Hopkins this 16 day of June 1998.
ATTEST:
Terry Obermaier, City Clerk
By
Charles D. Redepenning, Mayor
CONTENTS
POLICY #3 -E
DATA PRACTICES POLICY
1. POLICY 2
2. DEFINITIONS 2
3 . REQUESTS FOR GOVERNMENT DATA 3
4. ACCESS TO DATA ON INDIVIDUALS 4
5. PERSONNEL DATA 6
6. CITY ATTORNEY/LEGAL 10
7. ELECTED /APPOINTED OFFICIALS 12
8. COMMUNITY DEVELOPMENT DATA 13
9. HOUSING AGENCY DATA. 14
10. HOUSING BENEFIT DATA 15
11. SOCIAL RECREATIONAL DATA. 16
12. MISCELLANEOUS 16
INDEX 18
Legislative Policy Manual - Chapter 3 -E Page 1
1. POLICY
1.01 It is the policy of the City of Hopkins to provide access to government data, to protect the
rights of data subjects, and to limit the collection of data to that necessary to carry out the
mission of the City. To this end the City of Hopkins has designated James Genellie as
the Responsible Authority for government data.
2. DEFINITIONS
2.01 "Commissioner" means the Commissioner of the Department of Administration. (M.S.
13.02, Subd. 2.)
2.02 "Confidential data on individuals" means data that is: (a) not public and is inaccessible
to the individual subject of that data; or (b) collected by a civil or criminal investigative
agency as part of an active investigation undertaken for the purpose of the
commencement of a legal action. Confidential data on individuals does not include arrest
information that is reasonably contemporaneous with an arrest or incarceration. (M.S.
13.02, Subd. 3)
2.03 "Data not on individuals" means all government data that . is not data on individuals.
(M.S. 13.02, Subd. 4.)
2.04 "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
is not accessed by the name or other identifying data of any individual. (M.S. 13.02,
Subd. 5.)
2.05 "Designee" means any person designated by a Responsible Authority to be in charge of
individual files or systems containing government data, and to receive and comply with
requests for government data. (M.S. 13.02, Subd. 6.)
2.06 "Government data" means all data collected, created, received, maintained, or
disseminated by the City regardless of its physical form, storage media, or conditions of
use. (M.S. 13.02, Subd. 7.)
2.07 "Individual' means a natural person. In the case of a minor, "individual" includes a
parent or guardian or an individual acting as a parent or guardian in the absence of a
parent or guardian, except that the Responsible Authority shall withhold data from
parents or guardians, or individuals acting as parents or guardians in the absence of
parents or guardians, upon request by the minor, if the Responsible Authority determines
that withholding the data would be in the best interest of the minor. (M.S. 13.02, Subd.
8.)
2.08 "Nonpublic data" means data not on individuals that is: (a) not public; and (b) accessible
to the subject of the data. (M.S. 13.02, Subd. 9.)
2.09 "Person" means any individual, partnership, corporation, association, business trust, or a
legal representative of an organization. (M.S. 13.02, Subd. 10.)
Legislative Policy Manual - Chapter 3 -E
Page 2
2.10 "Private data on individuals" means data that is: (a) not public; and (b) accessible to
the individual subject of the data. Private data on individuals does not include arrest
information that is reasonably contemporaneous with an arrest or incarceration. (M.S.
13.02, Subd. 12.)
2.11 "Protected nonpublic data" means data not on individuals that is: (a) not public; and (b)
not accessible to the subject of the data. (M.S. 13.02, Subd. 13.)
2.12 "Responsible Authority" means the individual designated by the City Council as the
individual responsible for the collection, use and dissemination of any set of data on
individuals, government data, or summary data, unless otherwise provided by state law.
(M.S. 13.02, Subd. 16.)
2.13 "Security information" means government data, the disclosure of which, would be likely
to jeopardize the security of information, possessions, individuals, or property. (M.S.
13.37, Subd. la.)
2.14 "Summary data" means statistical records and reports derived from data on individuals
but in which individuals cannot be identified. (M.S. 13.02, Subd. 19.)
2.15 "Trade secret information" means government data, including a program or process (a)
that was supplied by an individual or organization; (b) that is the subject of efforts by the
individual or organization to maintain its secrecy; and (c) that derives economic value
from not being generally known to other persons who can obtain economic value from its
disclosure or use. (M.S. 13.37, Subd. lb.)
3. REQUESTS FOR GOVERNMENT DATA
(M.S. 13.03, Subd. 3)
3.01 Public data. All information maintained by the City is public unless there is a specific
statutory designation that gives it a different classification.
3.02 Requests for _access to pulllic data.
• People Entitled to Access. Any person has the right to inspect and copy public data.
The person also has the right to have an explanation of the meaning of the data. The
person does not need to state his or her name or give a reason for the request.
• Form of Request. The request for public data may be verbal or written.
• Time Limits. Requests will be received and processed only during normal business
hours. Information should be supplied immediately or as soon as reasonably possible.
If copies are requested, and they cannot be made at the time of the request, copies
must be supplied as soon as reasonably possible.
• Fees. Fees may be charged only if the requesting person asks for a copy or electronic
transmittal of the data. Fees will be charged according to the City's standard
photocopying policy unless significant time is required. In that case, the fee will
include the actual cost of searching for, retrieving, and making, certifying, and
compiling copies or electronically transmitting the data, including the cost of
employee time. The fee may not include time necessary to separate public from non -
public data.
Legislative Policy Manual - Chapter 3 -E Page 3
3.04 Requests for data wjth commercial value. When a request involves copies of public
government data that has commercial value and is an entire program, technique, process,
data base, or system developed with a significant expenditure of public funds by the City,
the Responsible Authority may charge a reasonable fee for the information in addition to
the costs of making, certifying, and compiling the copies. Any fee charged must be
clearly demonstrated by the City to relate to the actual development costs of the
information. The Responsible Authority, upon the request of any person, shall provide
sufficient documentation to explain and justify the fee being charged.
3.05 Denying access to data. If the Responsible Authority or designee determines that the
requested data is classified and to denies the requesting person access, the Responsible
Authority or designee shall inform the requesting person of the determination either
orally at the time of the request, or in writing as soon as possible. The Responsible
Authority shall cite the specific statutory section, temporary classification, or specific
provision of federal law on which the determination is based. (M.S. 13.03, Subd. 3)
3.06 Change to classification of data not on individuals. Except for security information,
nonpublic and protected nonpublic data shall become public either 10 years after the
creation of the data by the City or 10 years after the data was received or collected by the
City unless the Responsible Authority reasonably determines that, if the data were made
available to the public or to the data subject, the harm to the public or to a data subject
would outweigh the benefit to the public or data subject. (M.S. 13.03, Subd. 8)
3.07 Effect of changes in classification of data. Unless otherwise expressly provided by a
particular statute, the classification of data is determined by the law applicable to the data
at the time a request for access to the data is made, regardless of the data's classification
at the time it was collected, created, or received. (M.S. 13.03, Subd. 9)
4. ACCESS TO DATA ON INDIVIDUALS
4.01 Collection and storage of government data and data on individuals by employees and
agents of the City shall be limited to that necessary for the administration and
management of programs specifically authorized by the federal government, legislature,
and this city.
4.02 Private or confidential data on an individual shall not be collected, stored, used, or
disseminated by this city for any purposes other than those stated to the individual at the
time of collection in accordance with M.S. 13.04, except as provided below. Data
collected prior to August 1, 1975, which has not been treated as public, may be used and
disseminated for the purposes for which the data was originally collected or for purposes
which are specifically approved by the Commissioner as necessary to public health,
safety, or welfare.
Legislative Policy Manual - Chapter 3 -E Page 4
4.03 People Entitled to Access
1. Private or confidential data may be used and disseminated to individuals or agencies
specifically authorized access to that data by state, local or federal law enacted or
promulgated after the collection of the data.
2. Private or confidential data may be used and disseminated to individuals or agencies
subsequent to the collection of the data when specifically approved by the
Commissioner as necessary to carry out a function assigned by law.
3. Private or confidential data may be used and disseminated to any person or agency, if
the individual subject or subjects of the data have given their informed consent.
Informed consent shall include a statement which is:
a) in plain language;
b) dated;
c) specific in designating the particular persons or agencies the data subject is
authorizing to disclose information about the data subject;
d) specific as to the nature of the information the subject is authorizing to be
disclosed;
e) specific as to the persons or agencies to whom the subject is authorizing
information to be disclosed;
f) specific as to the purpose or purposes for which the information may be used by
any of the parties named in clause (e), both at the time of the disclosure and at any
time in the future;
g) specific as to its expiration date, which should be within a reasonable period of
time, not to exceed one year.
4.04 Tennessen Warning. All individuals asked by any employee or agent of this City to
supply private or confidential data concerning himself or herself shall be informed of:
1. The purpose and intended use of the requested data within the City;
2. Whether he or she may refuse or is legally required to supply the requested data;
3. Any known consequence arising from his or her supplying or refusing to supply
private or confidential data; and
4. The identity of other persons or entities authorized by state or federal law to receive
the data.
4.05 Upon request to the Responsible Authority or a designee, an individual shall be informed:
1. Whether he or she is the subject of stored data on individuals; and
2. Whether it is classified as public, private or confidential.
Legislative Policy Manual - Chapter 3 -E Page 5
4.06 Upon further request, an individual who is the subject of stored private data on
individuals shall be shown the data without any charge to her or him and, if he or she
desires, shall be informed of the content and the meaning of that data. After an individual
has been shown the private or public data and informed of its meaning, the data need not
be disclosed to her or him for six months thereafter unless a dispute or action pursuant to
this section is pending or additional data on the individual has been collected or created.
4.07 The Responsible Authority shall provide copies of data upon request by the individual
subject of the data. The cost of providing copies shall be borne by the individual.
4.08 The Responsible Authority shall comply immediately, if possible, with any request made
pursuant to this section or within five days of the date of request, excluding Saturdays,
Sundays, and legal holidays, if immediate compliance is not possible. If the Responsible
Authority cannot comply with the request within that time, he or she 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.
4.09 An individual may contest the accuracy or completeness of public or private data
concerning himself or herself. To exercise this right, an individual shall notify in writing
the Responsible Authority describing the nature of the disagreement. The Responsible
Authority shall within 30 days either:
1. Correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the
individual; or
2. Notify the individual that he or she believes the data to be correct. Data in dispute
shall be disclosed only if the individual's statement of disagreement is included with
the disclosed data.
4.10 No employee or agent of the City may release any private or confidential data to any
person unless that employee is the Responsible Authority or one of his designees, or
another person authorized by the Responsible Authority.
4.11 Preparation of summary data. The use of summary data derived from private or
confidential data on individuals is permitted. Unless classified pursuant to section 13.06,
another statute, or federal law, summary data is public. The responsible authority shall
prepare summary data from private or confidential data on individuals upon the request of
any person if the request is in writing and the cost of preparing the summary data is borne
by the requesting person.
5. PERSONNEL DATA
(M.S. 13.43)
5.01 Personnel data "Personnel data" means data on individuals collected because the
individual is or was an employee of, or an applicant for, employment by this city.
Legislative Policy Manual - Chapter 3 -E Page 6
5.02 Public data on current and former employees. Except for persons described in Section
5.05, the following personnel data on current and former employees, those who perform
services on a voluntary basis, and persons acting as independent contractors:
1. name;
2. city and county of residence;
3. actual gross salary;
4. salary range;
5. contract fees;
6. actual gross pension;
7. the value and nature of employer -paid benefits;
8. the basis for and the amount of any added remuneration, including expense
reimbursement, in addition to salary;
9. job title;
10. job description;
11. education and training background;
12. previous work experience;
13. date of first and last employment;
14. the existence and status of any complaints or charges against the employee whether
or not the complaint or charge resulted in disciplinary action;
15. the final disposition of any disciplinary action together with the 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 public body; (Final
disposition is defined in M.S. 13.43, Subd 2 (b))
16. the terms of any agreement settling any dispute arising out of the employment
relationship;
17. work location; (includes address and e-mail address -see Commissioner's Opinion 97-
049)
18. work telephone number;
19. badge number;
20. honors and awards received;
21. payroll time sheets except to the extent that release of time sheet data would reveal
the employee's reason for the use of sick or other medical leave.
22. a photograph of a current or former employee may be displayed to a prospective
witness as part of an investigation of any complaint or charge against an employee.
(M.S. 13.43, Subd. 2 (c) )
5.03 Public data. on current and former applicants. Except for applicants described in Section
5.05, the following personnel data on current and former applicants for employment by
this city is public:
1. names of applicants, when certified, if the city has a civil service system, or when
applicants are considered by the appointing authority to be finalists for a position in
public employment;
2. veteran's status;
3. relevant test scores;
4. rank on eligible list;
5. job history;
Legislative Policy Manual - Chapter 3 -E Page 7
6. education and training;
7 . work availability.
5.04 Examples of private personnel data. All other personnel data, including but not limited to
the following types, categories, files, and process is private data on individuals, except
pursuant to a valid court order:
1. Data collected for disciplinary proceedings prior to the hearing;
2. Insurance status;
3. Medical records when part of personnel data;
4. Psychological evaluations;
5. Social security numbers;
6. Physical limitations;
7. Adult criminal history data;
8. References;
9. Employee home addresses and telephone numbers;
10. Sick leave forms containing doctor's reports;
11. Oral interviewer file prior to an applicant's oral exam;
12. Exit interview responses;
13. Racial and ethnic data;
14. Marital status;
15. Reference check data as it appears by potential employees;
16. College transcripts, except for name of institution, degree granted, and date;
17. Names of applicants for employment until certified as eligible for appointment to a
vacancy;
18. Appointment books (96 -056)
5.05 Personnel data on undercover law enforcement officers. All personnel data maintained
by this city relating to an individual employed as or an applicant for employment as an
undercover law enforcement officer is private data on individuals.
5.06 Examination data. Data consisting solely of testing or examination materials, or scoring
keys used solely to determine individual qualifications for appointment or promotion in
public service, or used to administer a licensing examination, or academic examination,
the disclosure of which would compromise the objectivity or fairness of the testing or
• examination process are classified as nonpublic, except pursuant to court order. (M.S.
13.34)
5.07 Labor Relations information. Labor relations information means management positions
on economic and non - economic items that have not been presented during the collective
bargaining process or interest arbitration, including information specifically collected or
created to prepare the management position. (M.S. 13.37, Subd. 1 (c))
Legislative Policy Manual - Chapter 3 -E Page 8
5.08 Harassment data. When allegations of sexual or other types of harassment are made
against an employee, the employee does not have access to data that would identify the
complainant or other witnesses if the Responsible Authority determines that the
employee's access to that data would:
1. Threaten the personal safety of the complainant or a witness; or
2. Subject the complainant or witness to harassment.
3. If a disciplinary proceeding is initiated against the employee, data on the complainant
or witness shall be available to the employee as may be necessary for the employee to
prepare for the proceeding. (M.S. 13.43, Subd. 8)
5.09 Drug Test Results. Test result reports and . other information acquired in the drug or
alcohol testing process are private data on individuals and may not be disclosed by an
employer or laboratory to another employer or to a third -party individual, governmental
agency, or private organization without the written consent of the employee or job
applicant tested. (M.S. 181.954, Subd. 2)
5.10 Accident and Worker's Compensation Data. The following data collected or created by
the League of Minnesota Cities Insurance Trust in order to process claims for workers'
compensation are classified as either private data in regard to claims when the insured
worker is living, or nonpublic data in regard to claims when the insured worker is
deceased:
1. claim number;
2. date of claimed injury;
3. employee's social security number;
4. home phone number;
5. home address;
6. date of birth;
7. sex;
8. marital status;
9. whether claimed injury caused loss of time from work;
10. whether the employee lost time from work on the day of the claimed injury and the
number of hours lost;
11. whether the employee has returned to work;
12. whether full or partial wages were paid for the first day of lost time and the amount
paid,
13. time of day,
14. location where injury occurred;
15. whether the injury occurred on employer's premises;
16. the name, address, and phone number of the treating physician or practitioner;
identification of the hospital where treated;
17. nature of the claimed injury or occupational illness;
18. part of body affected;
19. name or type of object involved in causing the injury;
20. nature of injury;
21. type of accident;
22. description of actions taken to prevent reoccurrence;
Legislative Policy Manual - Chapter 3 -E Page 9
23. names of coworker witnesses; and
24. all data collected or created as a result of the investigation of the claim including, but
not limited to, physicians' reports; other data on the medical condition of the claimant;
data collected from the claimant's physicians; and data collected in interviews of the
claimant's employer, coworkers, family members, and neighbors. (M.S. 13.61)
5.11 Access by labor organizations. Personnel data may be disseminated to labor
organizations to the extent that the Responsible Authority determines that the
dissemination is necessary to conduct elections, notify employees of fair share fee
assessments, and implement the provisions of chapters 179 and 179A. Personnel data
shall be disseminated to labor organizations and to the Bureau of Mediation Services to
the extent the dissemination is ordered or authorized by the commissioner of the bureau
of mediation services.'
5.12 Employee assistance data. All data created, collected or maintained by the City to
administer employee assistance programs are classified as private.
5.13 Salary and personnel benefit suryey data purchased from consulting firms, nonprofit
corporations or associations, or obtained from employers with the written understanding
that the data shall not be made public, and that is maintained by the City, are classified as
nonpublic.
5.14 Supervisor's files. Supervisor's files that identify individual employees being supervised
are government data and personnel data and are accessible by the employees. The actual
data may be public or private depending on what it concerns. (1994 Commissioner of
Administration opinion)
6. CITY ATTORNEY/LEGAL
6.01 City Attorney Not withstanding the provisions of M.S. Chapter 13 and M.S. 15.17, the
use, collection, storage, and dissemination of data by the city attorney acting in his or her
professional capacity for this city shall be governed by statutes, rules, and professional
standards concerning discovery, production of documents, introduction of evidence, and
professional responsibility. The provisions of the Minnesota Government Data Practices
Act do not apply to city attorneys. This provision shall not be construed to affect the
applicability of any statute, other than Chapter 13 and M.S. 15.17, which specifically
requires or prohibits disclosure of specific information by the city attorney, nor shall this
provision be construed to relieve the Responsible Authority, other than the city attorney,
from his or her duties and responsibilities pursuant to the Minnesota Government Data
Practices Act. (M.S. 13.30)
'BMS rule 5510.1410, Subd. 2 requires cities to give the home address and social security
number of union members.
Legislative Policy Manual - Chapter 3 -E Page 10
6.02 Investigative Data. (M.S. 13.39)
Subdivision 1. Definitions. A "pending civil legal action" includes but is not limited to
judicial, administrative or arbitration proceedings. Whether a civil legal action is pending
shall be determined by the city attorney.
Subd. 2. Civil actions. (a) Except as provided in paragraph (b), data collected by the City
as part of an active investigation undertaken for the purpose of the commencement or
defense of a pending civil legal action, or which are retained in anticipation of a pending
civil legal action, are classified as protected nonpublic data in the case of data not on
individuals, and as confidential in the case of data on individuals. The City may make any
data classified as confidential or protected nonpublic pursuant to this subdivision
accessible to any person, agency or the public, if the City determines that the access will
aid the law enforcement process, promote public health or safety, or dispel widespread
rumor or unrest.
(b) A complainant has access to a statement provided by the complainant to the City under
paragraph (a).
Subd. 2a. Disclosure of data. During the time when a civil legal action is determined to be
pending under subdivision 1, any person may bring an action in the district court in the
county where the data is maintained to obtain disclosure of data classified as confidential
or protected nonpublic under subdivision 2.
Subd. 3. Inactive investigative data. Inactive civil investigative data are public, unless the
release of the data would jeopardize another pending civil legal action, and except for those
portions of a civil investigative file that are classified as not public data by this chapter or
other law. Any civil investigative data presented as evidence in court or made part of a
court record shall be public. Civil investigative data becomes inactive upon the occurrence
of any of the following events:
1. a decision by the City not to pursue the civil action (Data determined to be inactive
may become active, if the City decides to renew the civil action);
2. expiration of the time to file a complaint under the statute of limitations or agreement
applicable to the civil action; or
3. exhaustion of or expiration of rights of appeal by either party to the civil action.
6.03 Lawsuits. Letter from a private attorney notifying the city of a possible claim is public.
(St. Peter Herald v. city of St. Peter, March 5, 1993.)
Legislative Policy Manual - Chapter 3 -E Page 11
6.04 Drafts of Documents. A preliminary draft of a document, the final version of which is
meant to be published to a third party, may be protected by the attorney- client privilege if
the circumstances indicate that the draft implicitly communicates legal advice or a request
therefore. Regardless of whether the final version is meant to be published to third
parties, a preliminary document draft, which is prepared for the purpose of
communicating legal advice or a request for legal advice, may be privileged, if the client
and attorney intend that the draft be kept confidential and if the draft is in fact kept
confidential. (Kobluk v. University of Minn.)
7. ELECTED /APPOINTED OFFICIALS
7.01 The following personnel data on elected officials is public (M.S. 13.43):
1. name;
2. city and county of residence;
3. actual gross salary;
4. salary range;
5. actual gross pension;
6. the value and nature of employer -paid benefits;
7. the basis for and the amount of any added remuneration, including expense
reimbursement, in addition to salary;
8. job title;
9. job description;
10.education and training background;
11.previous work experience;
12.dates of terms;
13.honors and awards received;
14.payroll time sheets except to the extent that release of time sheet data would reveal the
employee's reason for the use of sick or other medical leave.
7.02 The following personnel data on applicants to or members of advisory boards or
commissions of the City is public (M.S. 13.43):
1. name;
2. home address;
3. city and county of residence;
4. the basis for and the amount of any added remuneration, including expense
reimbursement;
5. title;
6. education and training background;
7. previous work experience;
8. dates of membership.
7.03 Elected officials correspondence. Correspondence between individuals and elected
officials is private data on individuals, but may be made public by either the sender or the
recipient. (M.S. 13.33)
Legislative Policy Manual - Chapter 3 -E Page 12
7.04 Elected or Appointed Officials; Financial Disclosure Statements. Financial disclosure
statements of elected or appointed officials which, by requirement of the political
subdivision, are filed with the political subdivision, are public data on individuals. (M.S.
13.60)
8. COMMUNITY DEVELOPMENT DATA
8.01 Appraisal Data. Estimated of appraised values of individual parcels of real property that
are made by state or local personnel or by independent appraisers for the purpose of
selling or acquiring land through purchase or condemnation are classified as confidential
data on individuals or protected nonpublic data.
The above data shall become public upon the occurrence of any of the following:
1. The negotiating parties exchange appraisals;
2. The data are submitted to a court appointed condemnation commissioner;
3. The data are presented in court in condemnation proceedings; or
4. The negotiating parties enter into an agreement for the purchase and sale of the
property.
8.02 Economic Assistance Data. (M.S. 13.62) The following data collected by cities in their
administration of the city economic development assistance program are classified as
nonpublic data:
1. Application data, except company names, addresses, and other data that identify the
applicant, until the application is approved by the city;
2. Application data, except company names, addresses, and other data that identify the
applicant, that pertain to companies whose applications have been disapproved;
3. Attachments to applications including but, not limited to, business and personal
financial records, until the application is approved;
4. Income tax returns, either personal or corporate, that are filed by applicants; and
5. Correspondence between the program administrators and the applicant until the
application has been approved or disapproved.
8.03 Redevelopment Data. The following data collected in surveys of individuals conducted
by cities and HRAs for the purposes of planning, development, and redevelopment, are
classified as private data:
1. The names and addresses of individuals; and
2. The legal descriptions of property owned by individuals.
Legislative Policy Manual - Chapter 3 -E Page 13
The following data collected in surveys of individuals conducted by cities and HRAs for
the purposes of planning, development, and redevelopment, are classified as nonpublic
data:
1. The names, addresses, and legal descriptions of business properties; and
2. The commercial use of the property to the extent disclosure of the use would identify
a particular business.
8.04 Assessor's Data. (M.S. 13.51) Data contained on sales sheets received from private
multiple listing service organizations where the contract with the organizations requires
the City to refrain from making the data available to the public is classified as private or
nonpublic.
The following data collected by the City from individuals or business entities concerning
income properties are classified as private or nonpublic:
1. Detailed income and expense figures for the current year plus the previous three
years;
2. Average vacancy factors for the previous three years;
3. Verified net rentable areas or net usable areas, whichever is appropriate;
4. Anticipated income and expenses for the current year; and
5. Projected vacancy factor for the current year.
8.05 Homestead Applications. The social security numbers of the property owners are
private data on individuals. This data may be disclosed to the commissioner of revenue.
(M.S. 273.124, Subd. 13)
8.06 Deferred assessment data. Deferred assessment data are private. (M.S. 15.1674)
8.07 Parking space leasing data. The following data on applicants for, or lessee of, a parking
space is private: residence address, home telephone number, beginning and ending works
hours, place of employment, and work telephone number.
9. HOUSING AGENCY DATA.
(M.S. 13.54)
9.01 Definition. For purposes of this section "housing agency" means the public housing
agency or housing and redevelopment authority of the City.
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9.02 Confidential data. The following data on individuals maintained by the housing agency
are classified as confidential data: correspondence between the agency and the agency's
attorney containing data collected as part of an active investigation undertaken for the
purpose of the commencement or defense of potential or actual litigation, including but
not limited to:
1. Referrals to the office of the inspector general or other prosecuting agencies for
possible prosecution for fraud;
2. Initiation of lease terminations and unlawful detainer actions;
3. Admission denial hearings concerning prospective tenants;
4. Commencement of actions against independent contractors of the agency; and tenant
grievance hearings.
9.03 Protected nonpublic data. The following data not on individuals maintained by the
housing agency are classified as protected nonpublic data: correspondence between the
agency and the agency's attorney containing data collected as part of an active
investigation undertaken for the purpose of the commencement or defense of potential or
actual litigation, including but not limited to, referrals to the office of the inspector
general or other prosecuting bodies or agencies for possible prosecution for fraud and
commencement of actions against independent contractors of the agency.
9.04 Nonpublic data. The following data not on individuals maintained by the housing agency
are classified as nonpublic data: all data pertaining to negotiations with property owners
regarding the purchase of property. With the exception of the housing agency's evaluation
of properties not purchased, all other negotiation data shall be public at the time of the
closing of the property sale.
9.05 Private data on individuals. Income information on individuals collected and maintained
by a housing agency to determine eligibility of property for property tax classification
"4c" under section 273.13, subdivision 25, paragraph (c), is private data on individuals.
The data may be disclosed to the county and local assessors responsible for determining
eligibility of the property for classification 4c.
10. HOUSING BENEFIT DATA
(M.S. 13.31 )
10.01 Definition. As used in this section, "benefit data" means data on individuals collected or
created because an individual seeks information about becoming, is, or was an applicant
for or a recipient of benefits or services provided under various housing, home
ownership, rehabilitation and community action agency programs administered by
political subdivisions.
10.02 Public data. The names and addresses of applicants for and recipients of benefits, aid, or
assistance through programs administered by any political subdivision that are intended
to assist with the purchase of housing or other real property are classified as public data
on individuals.
Legislative Policy Manual - Chapter 3 -E Page 15
10.03 Private data. Unless otherwise provided by law, all other benefit data is private data on
individuals, and shall not be disclosed except pursuant to court order or to an agent of the
state agency, political subdivision, or statewide system, including appropriate law
enforcement personnel, who are acting in an investigation or prosecution of a criminal or
civil proceeding relating to the administration of a program described in 10.01.
11. SOCIAL RECREATIONAL DATA.
(M.S. 13.02, Subd. 12)
11.01 The following data collected and maintained by the City for the purpose of enrolling
individuals in recreational and other social programs are classified as private:
1. The name,
2. Address,
3. Telephone number,
4. Any other data that identifies the individual, and
5. Any data which describes the health or medical condition of the individual, family
relationships and living arrangements of an individual or which are opinions as to the
emotional makeup or behavior of an individual.
12. MISCELLANEOUS
12.01 Absentee ballots. Sealed absentee ballots, prior to being opened by an election judge,
are nonpublic (M.S. 13.37, Subd. 2)
12.02 Building plans: Building plans are generally public with two exceptions: 1) Plans with
security features, e.g. plans with vault in house, would be non - public according to M.S.
13.37. 2) Plans that are copyrighted are non - public according to federal law.
12.03 Federal contracts data To the extent that a federal agency requires it as a condition for
contracting with the . City, all government data collected and maintained by the City,
because of that contract with the federal agency, are classified as either private or
nonpublic depending on whether the data is data on individuals or data not on individuals.
(M.S. 15.1677)
12.04 Long distance telephone bills_paid for by the City are public data. (M.S. 10.46)
12.05 Minutes. The recorded minutes of a meeting of a public body are public government
data prior to the minutes being formally approved by the body at a subsequent meeting.
(Department of Administration opinion #94 -026, 6/28/94).
12.06 Property complaint data The names of individuals who register complaints with the
City concerning violations of state laws or local ordinances concerning the use of
property are classified as confidential. (M.S. 15.1678)
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12.07 Sealed bids, including the number of bids received, prior to the opening of the bid are
nonpublic. (M.S. 13.3 7)
12.08 The social security numbers of individuals collected or maintained by the City are
private data on individuals, except to the extent that access to the social security number
is specifically authorized by law.
Established: 1984
Revised: June, 1998
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INDEX
ACCESS TO DATA ON INDIVIDUALS 4
Appraisal Data 13
Assessor's Data 14
Boards or. Commissions 12
Building plans 16
CITY ATTORNEY/LEGAL 10
Civil actions 11
Drafts of Documents 12
Lawsuits 11
COMMUNITY DEVELOPMENT DATA 13
Confidential data on individuals
Defmition 2
Data on individuals
Definition 2
Deferred assessment data 14
Economic Assistance Data 13
ELECTED /APPOINTED OFFICIALS 12
Correspondence 12
Financial disclosure statements 13
Federal contracts data 16
Government data
Defmition 2
Homestead Applications 14
HOUSING AGENCY DATA 14
Housing Rehabilitation Programs 15
Informed consent 5
Long- distance telephone bills 16
Minutes 16
Nonpublic data
Defmition 2
Parking space leasing data 14
PERSONNEL DATA 6
Access by labor organizations 10
Accident & worker's comp data 9
Drug test results 9
Legislative Policy Manual - Chapter 3 -E
Employee home address & phone number 8
Examples of private personnel data 8
Harrassment data 9
Public data on current and former applicants 7
Public data on current and former employees 7
Supervisor's Files 10
Private data on individuals
Definition 3
Property complaint data 16
Protected nonpublic data
Definition 3
Redevelopment Data 13
REQUESTS FOR GOVERNMENT DATA ......... 3
Data with commercial value 4
Denying access to data 4
Fees 3
Form of Request 3
People entitled to Access 3
Public data 3
Time Limits 3
Responsible Authority
Defmition 3
Sealed absentee ballots 16
Sealed bids 17
Security information
Defmition 3
SOCIAL RECREATIONAL DATA 16
Social security numbers 17
Summary data
Defmition 3
Preparation and Release 6
Tennessen Warning 5
Trade secret information
Defmition 3
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