80-002 RES RESOLUTION 80-2
RESOLUTION APPOINTING A RESPONSIBLE
411 AUTHORITY AND ASSIGNING DUTIES
WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes, Sections
15.1611 to 15.1698 as amended, requires that the City of Elk River appoint
one person as the Responsible Authority to administer the requirements for
collection, storage, use and dissemination of data on individuals, govern-
ment data, and summary data, within the City of Elk River; and,
WHEREAS, the City Council is concerned with the responsible use of City data and
wishes to satisfy this concern by immediately appointing an administra-
tively qualified Responsible Authority as required under the Act and assigning
duties to that person.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ELK RIVER, MINNESOTA:
1. . The City Council of Elk River, Minnesota, appoints the City Clerk
as the Responsible Authority for the purposes of meeting all requirements
of the Minnesota Government Data Practices Act, Minnesota Statutes, Sec-
tion 15,1611 through 15,1698, 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, this 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 the designees in the requirements of
administering and enforcing the Minnesota Government Data Practices Act.
3. The duties of the Responsible Authority and designees are as follows:
a. The Responsible Authority shall keep records containing govern-
ment data in such an arrangement and condition as to make them easily
accessible for convenient use by the public. Photographic, photo-
static, microphotographic, or microfilmed records shall be considered
as accessible for convenient use regardless of the size of these
records.
b. The Responsible Authority shall establish procedures to insure
that requests for government data are received and complied with in
an appropriate and prompt manner.
c. 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
Resolution 80-2
Page 2
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.
d. The Responsible Authority shall prepare a public document con-
taining his name, title and address, and a description of each type
of record, file or process relating to private or confidential data
on individuals retained by the City. Forms used to collect private
and confidential data shall be included in this document. The Respon-
sible Authority shall update the public document annually and make
any changes necessary to maintain the accuracy of the document.
e. 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.
f. 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, and the Responsible Authority reasonably determines that
the access will not compromise private or confidential data on indi-
viduals.
g. The Responsible Authority shall prepare a public document setting
forth 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.
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 Responsible Authority or designee when supplying govern-
ment data under this provision may require the requesting Responsible
Authority to pay the actual cost of supplying the data.
i. The Responsible Authority shall, when appropriate, apply to the
Commission of Administration for permission to classify temporarily
data or types of data on individuals as private or confidential,
or data not on individuals as non-public, on a temporary basis until
a proposed statute can be acted upon by the Legislature.
j. Upon request to the Responsible Authority, or designee, any indi-
vidual must be informed whether he is the subject of stored data on
• individuals, and whether it is classified as public, private or
confidential. Upon further request, the individual who is the sub-
ject 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
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Page 3
the individual subject of the data, and the cost of providing copies
II 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,
Sunday, and legal holidays.
k. 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 thirty days either correct the
data found to be inaccurate or incomplete and attempt to notify
past recipients of inaccurate or incomplete data, including recipients
names 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.
4. This resolution implementing the Minnesota Government Data Practices
Act shall remain in force and effect until modified by the City Council.
Adopted by the Council of the City of Elk River this 25th day of February, 1980.
• ‹:
Frank Madsen, Mayor
ATTEST:
Robert C. Midd ugh
City Administrator/Cler