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2.3 ERMUSR 10-13-2020UTILITIES COMMISSION MEETING TO:FROM: ERMU Commission Michelle Canterbury– Executive Administrative Assistant MEETING DATE: AGENDA ITEM NUMBER: October 13, 20202.3 SUBJECT: Data PracticesPolicy - Responsible Authority and Data Practices Compliance Official Appointments ACTION REQUESTED: Adopt, by motion, a resolution appointing General Manager Theresa Slominski as the Responsible Authority, and Executive Administrative Manager Michelle Canterbury as the Data Practices Compliance Official. BACKGROUND: As part of our Data Practices Policy, ERMU is required by state statute to appoint an employee as the Responsible Authority to administer the requirements of government data within the utility, and a Data Practices Compliance Official whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems. At the March 13, 2018 commission meeting, the Commission appointed General Manager Troy Adams as the Responsible Authority, and Executive Administrative Assistant Michelle Canterbury as the Data Practices Compliance Official. DISCUSSION: With the resignation of Troy Adams, the previously appointed Responsible Authority, a new employee should be appointed by the Board of Commissioners. Staff recommends the appointment of General Manager Theresa Slominski as the Responsible Authority, and the reappointment of Executive Administrative Manager Michelle Canterbury as the Data Practices Compliance Official. FINANCIAL IMPACT: None ATTACHMENTS: Resolution No. 20-7 – Appointing the Responsible Authority and the Data Practices Compliance Official ERMU Management Policy – A.25 – Data Practices Policy – For Reference Only ______________________________________________________________________________ Page 1 of 1 32 RESOLUTION NO. 20-7 BOARD OF COMMISSIONERS ELK RIVER MUNICIPAL UTILITIES A RESOLUTION OF THE BOARD OF COMMISSIONERS OF ELK RIVER MUNICIPAL UTILITIES APPOINTING THE RESPONSIBLE AUTHORITY AND THE DATA PRACTICES COMPLIANCE OFFICIAL. WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, as amended, requires that Elk River Municipal Utilities appoint an employee as the Responsible Authority to administer the requirements for government data within ERMU; and WHEREAS, Minnesota Statutes, Section 13.05, Subdivision 13, as amended, requires that ERMU appoint an employee as the Data Practices Compliance Official to whom persons may direct questions or concerns regarding problems in obtaining access to data or other data practices problems; and WHEREAS, the Utilities Commission shares the concern expressed by the Legislature on the responsible use of all utility data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority and Data Practices Compliance Official as required under the statute; and WHEREAS, the duties of Responsible Authority have in the past been performed by the General Manager; and WHEREAS, with the resignation of General Manager Troy Adams, the previously appointed Responsible Authority, a new Responsible Authority should be appointed by the Board of Commissioners; and WHEREAS, effective August 11, 2020, Theresa Slominski was promoted to General Manager of Elk River Municipal Utilities; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Elk River Municipal Utilities to appoint General Manager Theresa Slominski as the Responsible Authority, and reappoint Executive Administrative Manager Michelle Canterbury as the Data Practices Compliance Official for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13 and Minnesota Rules, Chapter 1205, as amended. th This Resolution Passed and Adopted this 13 day of October, 2020. John J. Dietz, Chair Theresa Slominski, General Manager 33 MANAGEMENT POLICY Section:Category: ManagementAdministration Policies Policy Reference:Policy Title: A.25Data Practices Policy POLICY: It is the policy of Elk River Municipal Utilities (ERMU) to comply with the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13), which regulates all government data collected, created, received, maintained, disseminated, or stored by all government entities, regardless of its physical form, storage, media, or conditions of use. ERMU also complies with Minnesota Rules, Chapter 1205. Pursuant to Minnesota Statutes, Sections 13.025, Government Entity Obligation, and 13.03, Access to Government Data, ERMU has established policies and procedures to ensure requests for government data are received and complied with in an appropriate and prompt manner. POLICY HISTORY: Established March 13, 2018 ______________________________________________________________________________ Page 1of 1 34