1985-3206
CITY OF HOPKINS
Hennepin County, Minnesota
,
Resolution No. 85-3206
RESOLUTION APPOINTING A RESPONSIBLE
AUTHORITY AND ASSIGNING DUTIES
WHERE~S, 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 admin-
ister the requirements for collection, storage, use, and dis-
semination of data on individuals, government data, and summary
data within this city and,
WHEREAS, the City Council is concerned with'the
responsible use of city data and wishes to satisfy this concern
by immediatley appointing an administratively qualified Responsible
Authortity as required under the Act and assigning duties to
that person;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF HOPKINS, MINNESOTA:
._ .. u. . '_ 1 . T he C i t y C 0 u n c i 1 0 f Hop kin s, M inn e sot a a p poi n t s
the City Manager - as the Responsible Authori ty for the purposes
of meeting all requirements of the Minnesota Government Data
Practices Act, M.S. Section 15.1611 through 15.1699 as amended.
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2. The Responsible Authority may designate a city
employee or employees to assist in the administration and enforce-
ment 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
Co u n c i 1 s ha l..l.:....be pro v ide d a cop y 0 f the a p poi n t men t . I f
designees are appointed, the Responsible Authority shall instruct
them in the requirements of administering anderrforcing the
Minnesota Government Data Practices Act.
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 descrip-
tion of each type of record, 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
Practices 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 maintian its accuracy.
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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, microphotbgraphic, or
microfilmed records shall be considered as accessible for
convenient use regardless of the size of these records.
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c. The Responsible Authority shall establish procedures
to assure that all data on individuals is accurate, complete,
and current for the purposes for which it has collected; and
establish appropriate security safeguards for all records contain-
ing data on individuals.
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 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.
f. Upon request to the Responsible Authority or
designee, any individual shall be informed whether he is subject
to stored data on individuals, and whether it is classified
as public, private, or confidential. 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 and 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 recipients of inaccurate or incomplete
data, including recipients named by the individual; or notify
the individual that the Responsible Authority 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.
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h. The Responsible Authority or designee shall allow
another Responsible 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 in classification
is permitted if required by judicial or administrative 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 aata 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 information,
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 and non-public or protected non-
public, on a temporary basis until a proposed statute can be
acted upon by the legislature.
4. This resolution implement the Minnesota Government
Data Practices Act shall remain in force and effect until modified
by the City Council.
this
Adopted by the Council of the City of Hopkins,'Minnesota'
day of
J. SCOTT RENNE
City Clerk
ELLEN LAVIN
Mayor
JERRE MILLER
City Attorney
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