HomeMy WebLinkAboutCity Council Resolution 1980-037CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a re ular meeting of the City
Council of the City of Plymouth, Minnesota, was held on the 7th day of
lanjar , 19 80 The followingilmembers were present: Mayor Hunt,
ounlmembers Davenport, Hoyt, Nes and Schneider
The following members were absent: None
CQuncilmember Neils introduced the following Resolution and moved
its a ptlon:
RESOLUTION NO. 80-37
APPOINTING A RESPONSIBLE AUTHPriTY TO ADMINISTER
THE MINNESOTA GOVERNMENT DATA PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnescta Statues, Sections
15.1611 to 15.1698 as amended, requires that this City appoint one person as the
Responsible Authority to administer the requirements for collection, storage, use
and dissemination 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 immediately appointing an administratively qua-
lified Responsible Authority as required under the Act and assigning duties to
that person;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLYMOUTH,
MINNESOTA:
1. Loretta Garrity, City Clerk, is appointed as the Responsible Authority for the
purposes of meeting all requirements of the Minnsota Government Data Practices
Act, Minnesota Statutes, Section 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 Practices Act.
3. The duties of the responsible Authority and designees are as follows:
a. 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, microphoto-
graphic, 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.
Resolution #
Page 2
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 -equests, that person shall he 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 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 determina-
tion is made.
d. The Responsible Authority shall prepare a public document containing
his/her 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 Responsible
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 safe-
guards 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, prnvided that the request is in writing and the cost of pre-
paring the summary data is borne by the requesting person. The Res-
ponsible 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 d.;ca on individuals.
g. The Responsible Authority shall prepare a public doctmâ–ºent setting forth
the rights of the data subject pursuant to the Minnesota Government nata
Practices Act and the specific procedures in effect in the City for
access by the data subjects to public or private data on individua,s.
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 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.
Resolution B
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i. The Responsible Authority shall, when appropriate, apply to the Commissioner
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 individual
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 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 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/she 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 inac-
curate 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.
4. This resolution implementing the Minnesota Government Data Practices Act
shall remain in force and effect until modified by the City Council.
The motion for the adoption of the foregoing Resolution was duly seconded
by rplinrilwambpr Hoyt , and upon vote being taken thereon, the
following voted in favor ereo : Mavor Hunt, Councilmembers Davenport,
i346 1V11VW.UAx vu`eu agalnsr or abstained: none
Whereupon the Resolution was declared duly passed and adopted.