Loading...
89-692 =N T C I T Y O F s I T �A U L Council �y. File N0. d`���� Council solution �j����; _ .� Pr. ated By Referred To Committee: Date Out of Committee By Date WHERrAS , the Minnesot overnment Data Practices Act and Minnesota Department of d nistration Rules which implement that Act require state an ocal government offices to develop guidelines and procedu-res f r providing access to the data it develops , receives and mai ta ns ; now, therefore, be it RESOLVED, that the u cil hereby adopts the attached "City of Saint Paul Guidelines a Procedures for City Council Offices in Compliance with the in esota Government Data Practices Act" and the "Data Retrieval F es Policy" incorporated by reference in those guidelines and ro edures. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond �� In Favor Goswitz Rettman C B Scheibel A gai n s t Y Sonnen Wilson Adopted by Council: Date MAY — 4 �989 Form Approved by City Attorney ` B �Cc�Lc_Q_- ,� • �2�C�1�� '�—/!'1��i' Certified Yas ed un il S t y— By Approve iVlavor. — �� Appcoved by Mayor for Submission to Council . By — BY P Bt c,�j�Y 131989 ��-�qz Date: Friday, Apri 7, 1989 Members: Kiki Sonnen,Chair Roger Goswitz Bob Long Staff: Donna Sanders,Secretary Jane McPeak,Attorney Committee Report Rules and Policy o mittee 1. Approval of minutes of the Ma ch , 1989 meeting. COMMITTEE APPROVED . DISCUSSION OF CITY COUNCIL'S A PRACTICES, GUIDELINES & PROCEDURES.�`_:� (Heard itt R & P Committee 12 16 88, 1/6/89, 3/3/$9 and �aid over until :�/�-�. � .4� Cp��,��T"�F��. COMME�iI�,.APP�iO L 3. ORDINANCE ��89-463 - An ordi an e amending Chapter 28 of the Saint Paul Legislative Code entitled " a aign Contributions" to provide for conformity to state statut a to time limits for filing financial reports prior to primary a d eneral elections. COMMITTEE RECOMMENDED LAY E OF SUBSTITUTE ORDINANCES TO MAY 5, 1989 4. ORDINANCE 4�89-425 - An or in nce amending Chapter 15 of the Administrative Code pert 'n g to meetings of the Council, Committees, Boards and Commissions b d leting notice requirements that conflict with state law. COMMITTEE RECOMMENDED AP RO AL OF SUBSTITUTE ORDINANCE 5. ORDINANCE 4�88-623 - An rd nance amending Chapter 24 of the Saint Paul Administrative Code per ai ing to a code of ethics for city employees and officials. COMMITTEE RECOMMENDED ND FINITE LAYOVER BUT DIRECTED GERRY STRATHMAN TO PREPARE RULES FOR P IV TE USE OF GOVERNMENT PROPERTY FOR COUNCIL OFFICES AND COUNCIL R SE CH AND CABLE OFFICES, AND RECOMMENDED INTRODUCTION OF NEW 0 I ANCE REGARDING LIMITATION OF NUMBER OF TICKETS AS GIFTS lfi'0�"`� 'o` GITY OF AINT PAUL �ut�Il� CTTY COUNCIL INVEST A ION AND RESEARCH CENTER M E M 0 R A N D U M DATE: April 13, 1989 T0: A1 Olson, City Clerk FROM: Donna Sanders, Recording Se ret ry Rules & Policy Committee RE: APRIL 7, 1989 COMMITTEE REP RT ENCLOSURES The following materials have been nc osed with the Committee Report for the April 7, 1989 meeting of the R le & Policy Committee: 1) NEW COUNCIL RESOLUTION - to ado t he City of Saint Paul Guidelines and Procedures for City Council Off ce in Compliance with the Minnesota Government Data Practices Act, pr 1 1989 - Item ��2 of Report (Note: Please put this item on Th rsda , 4/20/89 Council A enda as Councilmember Sonnen wants Jane Mc eak to provide an explanation and McPeak would not be able to att nd any other meeting until 5/16/89.) 2) CURRENT COPY OF MINNESOTA GOVE T DATA PRACTICES ACT, APRIL 1989 - Item 4�2 of Report 3) SUBSTITUTE ORDINANCE ��89-463 - It 4�3 of Report 4) SUBSTITUTE ORDINANCE ��89-425 - It m ��4 of Report 5) NEW ORDINANCE - off-shoot of I em ��5 of Report DMS/ CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 612/298-4163 s�aa ��9��9� C N ENTS Page Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I . COLLECTION, STORAGE, AND' D 5POSITION OF GOVERNMENTDATA . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Collection . . . . . . . . . . . . . . . . . . . . . . 2 Storage and Dispositi n . . . . . . . . . . . . . . . . . . 2 II . CLASSIFICATION OF GOVER E T DATA . . . . . . . . . . . . . 3 General Premise . . . . . . . . . . . . . . . . . . . . . . 3 Data on Individual • , , , , , , , , , , , , , , , , , 3 Summary Data . . . . . . . . . . . . . . . . . . _ . . . 5 Data Not on Indivi ua s . . . . . . . . . . . . . . . . . . 5 III . TEMPORARY CLASSIFICATIO , , , , , , , , , , , , , , , , , , , , , 6 IV. DATA MAINTAINED BY THE IT , , , , , , , , , , , , , , , , , , , 6 _ V. REQUESTS FOR GOVERNMENT DA A . . . . . . . . . . . . . � , . . � 101 Requests for Data G neral . . . . . . . . . . . . . . 10! Requests for Data n Individ uals by the Data Subj c , . , , , , , , , , , , , 12 Requests for Summa y Data . . . . . . . . . . . . . . . 12 Requests for Gover m nt Data by Other Government A encies . . . . . . . . . . . . . . 14 Requests for all 0 h r Government Data . . . . . . . . . . . . . . . . . . . . . 15 Denying Requests f r .Access to Government Da a . . . . . . . . . . . . . . . . . . . . . 15 VI . ANNUAL INVENTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 VII . VIOLATION OF THE ACT . . . . . . . . . . . . . . . . . . . . . . . . 16 i . ��g-��� PP NDIX A. Minnesota Governme t ata Practices Act A1. Rules of the Depar me t of Administration, Data Privacy Divis on B. Minnesota Statutes Se tions 138. 161=138. 226 (Records Retention C. City of Saint Paul Da a Retrieval Fees Policy D. Application for Te po ary Classification of Data on Individual a Private or Confidential D1. Application for Te po ary Classification of Data Not on Indivi ua s as Nonpublic or Protected Nonpubli E. Office Inventory ii . ���-�� INT OD CTION The Minnesota Governm ent Dat P actices Act, found at Minnesota Statutes Sections 13.01 - 13 9�J, regulates all government data collected , received , mainta n d, disseminated or stored by a state agency, political subd v ' sion or state=wide system. See Appendix A, A1 . Minnesota Statutes Sectio s 138 . 161 -- 138.226 governs the retention, storage, and dis o ition of governm ent data. See Appendix B. The City Council has adopt d the Data Retrieval Fees Policy implem ented by Executive O d r on November 11 , 1986. See Appendix C. These policies and procedures ar written to assist you in making decisions in the areas listed a ove. If you have any questions, please call the City Attorney s ffice at 298-5121 . 1. ���-��a I . COLLECTION, STORAGE AND D S OSITION OF GOVERNMENT DATA A. Collection. Government records ' n lude all cards, correspondence, discs , maps , me o anda , microfilms , papers , photographs, record 'ng , reports, tapes, writings, and other data, infor a ion or docum entary material , regardless of physic 1 form or characteristics, storage m edia or condition f use, made or received by an officer or agency o t is city pursuant to state law or in connection with ransaction of public business by an officer or agenc . Government records xc ude data and inform ation that do not become part of n fficial transaction; library and museum material ma e or acquired and kept solely for reference or exh b ' t purposes ; extra copies of docum ents kept onl or convenience of reference or stock of publicat ' on or processed documents; and bonds, coupons or ot er obligations or evidence of indebtedness whose e truction or other disposition is governed by other 1 ws The inform ation colle ted must be accurate, com plete, and current for h purposes for which it was collected. At any i e a data subject may contest the accuracy and comple en ss of the data . B. Storage and Disposi io . While som e records u t be kept for a period prescribed by law, a speci i retention period for many government records i not prescribed. Those records may not be dispose f without the prior approval of the Records Dis o ition Panel . Unauthorized destruction of gove n ent records is a misdemeanor. To obtain applica i n forms for either a records retention schedule or dispositon of specific records, contact the Reco d Management Division of the Minnesota Departmen f Administration at 296-0257. Each Council offic ust keep its records in such an arrangement and con ition as to make them easily accessible for conv n 'ent use . ��G-�� II . CLASSIFICATION OF GOVER E T DATA A. General Premise. All qovernment da a is presumed to be public unless otherwise classi ie by state statute, temporary classification or f deral law. Minnesota Statutes Section 13. 03, Sub . . B. Data on Individual . Data on individual eans all government data in which any individual is r can be identified as the subject of the data unless t appearance of the nam e or other identifying data c 'n e clearly demonstrated to be only incidental to the at and the data are not accessed by the name or other de tifying data of any individ ual . Public data on i !di iduals is data on individuals, living or dead, hi h is accessible to the public. Unless classified th rwise by state or federal law or temporary classif ' c tion, all data on individuals is accessible to the u lic regardless of its interest in the data. Private data on in ividuals is data which is not accessible to the u lic but is accessible to the data subject. Data n individuals is private if so classified by s at or federal law or tem porary classification. ' In addition to the data subject, private data is a so accessible to the data subject's representative, in i iduals, entities or persons given express written er ission by the data subject, a minor' s parent or g ardian or individual acting as parent or guardia , ersonnel within the governm ental entity whose wo k assignments reasonably require access, individual , entities or persons authorized by state or federal 1 w, and pursuant to a court order . Except when asked o upply investigative data to a law enforcement offi er , an individual asked to supply private data conce ' ning the individual must be inform ed of certain facts as set forth in Minnesota Statutes Section 13. 4l4, Sub . 2. This is known as the Tennessen Warning . 3. L��y��9� Private data on dece e ts means data which, prior to the death of a data 'ub ' ect, were classified by state or federal law or te p rary classification as private data. Private data n ecedents is accessible to the representative of th ecedent, the trustee appointed in a wrongful death ac ion, individuals, entities or persons given expre s ritten permission by the data subject or the repre en ative of the decedent, persons, individuals or entit e authorized by state or federal law, personnel withi t e entity whose work assignm ents reasonably require ac ess, and pursuant to a court order. Private dat o decedents is public ten years after the actual or r sumed death of the data subject and thirty years aft r the creation of the data. Confidential data n ndividuals means data which by state or federal law o tem porary classification is not accessible to the p bl c or to the subject of the data. Confidential data on individuals is accessible to individuals authori ed by state or federal law, personnel within t e entity whose work assignm ents reasonably require a cess , and pursuant to a court order. Except when asked t upply investigative data to a law enforcem ent offic r , an individual asked to supply confidential data co cerning the individual must be informed of certa ' n acts as set forth in Minnesota Statutes Section 1 .� , Subd. 2. Confidential data n ecedents means data which, prior to the death of a d ta subject, were classified by state or federal aw or tem porary classification as confidential data. onfidential data on decedents is accessible to in i iduals authorized by state or federal law, pers n el within the entity whose work assignments reason bl require access, and pursuant to a court order. on idential data on decendents is public ten years a t r the actual or presumed death of the data subject a d thirty years after the creation of the data. 4. ���-� �� C. SUMMARY DATA Sum mary data mean s atistical records and reports derived from data on individuals but in which the individuals are not in any way identifiable. Summ ary data is pub ic data unless otherwise classified by state or federal la or temporary classification. D. DATA NOT ON INDIVID AL Public data not on i ividuals is data accessible to the public unless ot erwise classified by state or federal law or tem p r ry classification. Nonpublic data not on individuals means data which is not public but is a cessible to the subject of the data, i f any. As u e here, the "subj ect of the data" m eans an individu 1 , partnership, corporation, etc. Data not on indivi uals is nonpublic if so classified by state or federa aw or temporary classification. Nonpublic data is a cessible to the subject of the data , if any, i dividuals , entities or persons authorized by stat r federal law, personnel within the entity whose or assignments reasonably require access, and pursua t o a court order. Except for securit nform ation, nonpublic data shall become public ten y ars after the data was createa, collected or rec ' i ed by the governmental agency. Access may be deni d f release of the data will result in a harm to the pu 1 ' c or data subject which outweighs the benefit to the , p blic. Protected nonpublic d ta not on individuals means data which is not publ 'c nd not accessible to the subject of the data. Da a not on individuals is protected nonpubl ic i f so c as i f ied by state or federal law or temporary classifi a ion. Protected nonpublic data is accessible to i d viduals , entities or persons authorized by sta e or federal law, personnel within the entity whose o k assignments reasonably require access, and pursu 'nt to a court order. 5. �� ��-�p / � Except for security i f rmation, protected nonpublic data shall become pub i ten years after the data was created , collected o eceived by the governm ental agency. Access may e enied if release of the data will result in a har o the public or aata subject which outweighs the b ne it to the public. III . TEMPORARY CLASSIFICATION Unless a state or fede a law expressly classifies government data as not pu li (i.e., private, confidential, nonpublic or protected no p blic) , the data is public and accessible to anyone. Th t mporary classification system was established to recl �ss fy data when a governm ental agency has a com pellin eason to protect otherwise unprotected data. Temporary classification f r s may be obtained from the Data Privacy Division of the S a Departm ent of Administration (298-6733 ) . See Appendi and D1. The City Attorney' s Office will assist you in o pleting the forms. IV. DATA MAINTAINED BY THE CIT ND SPECIFICALLY CLASSIFIED BY STATE STATUTE* r -` Appraisal data = Section 13 . g Confidential or prote ted nonpublic = estimated or appraised values of ' nd vidual parcels of real property to be sold or a q ired through purchase or condemnation. * The data classifications i ted are dependent on a number of factors and may cha g back and forth from one classification to another. Reference should always be made to the specific statuto y section. The City Attorney' s Office is available to o fe assistance in interpreting the statute. 6 ���_�9� The above becomes pub ic upon the occurrence of any of the following: a) the negotiati�ng parties exchange appraisals; b) the data ar ubmitted to a court appointed condemnation �co missioner; c) the data are p esented in court in condemnation proceedings; or d) the negotiat ' n parties enter into an agreem ent for the purc �as and sale of the property. Assessor ' s data = Secti n 13 . 51 Private or non=pu li 1 . Data contai ed on sales sheets received from private mul ip e listing service organizations where the co tr ct with the organizations requires the politica s bdivision to refrain from making the data availa le to the public. 2. Income property assessment data (a) detaile i come and expense figures for the current ye r plus the previous three years; (b) averag acancy factors for the three previous y ars; (c) verifie et rentable areas or net useable areas, i hever is appropriate; (d) anticip t d income and expenses for the current e r ; and (e) project d vacancy factor for the current year. 7. ���-10�� Attorney' s data - Section '13 30 Governed by statute, ru es, and professsional standards "Notwithstanding th rovisions of this chapter and section 15 . 17 , the u e , collection , storage , and dissemination of d t by an attorney acting in a professional capacit or the state, a state agency or a political subdivis 'o shall be governed by statutes, rules, and professio al standards concerning discovery, production of docum e t , introduction of evidence, and professional respons bi ity; provided that this section shall not be constr ed to affect the applicability of any statute, other t a this chapter and section 15.17, which specifically r q ires or prohibits disclosure of specific informatio y the attorney, nor shall this section be constr ed to relieve any responsible authority, other th' n the attorney, from duties and responsibilities pur u nt to this chapter and section 15. 17. " Benefit data = Section 13 31 Private Child abuse data - Sectio s 3 . 82 and 626. 556 l. Confidential 2 . Private Civic Center Authority da a Section 13 . 55 Nonpublic � ( 1) let, e or other documentation from an on who makes inquiry to the au ho ity as to the availability of au ho ity facilities for staging ev nt ; (2) id nt ' ty of firms and corporations wh ch contact the city; (3) ty e f events which they wish to st ge in authority facilities; (4) su ge ted terms of rentals; and (5) re po ses of authority staff to th se inquiries. 8. ��'9��qa The above non-publ i ata becomes publ ic upon the occurrence of any of h following: (1) a lease or cont a t is entered into between the authority and th 'nquiring party or parties; or (2) the event does n t occur ; or (3) the event occurs e sewhere. Civil Investigative data � S ction 13 . 39 Confidential or prote t d non ������� Comprehensive Law Enforce e t data = Section 13. 82 Confidential or p otected non - public active investigative data ; data that reflects the deliberative process s or investigative techniques Private or non-publi : (1) identity data f child abuse or neglect victim and of the repo t r; (2) identity data f an undercover law enforcement officer; (3) identity data ,of a victim of criminal sexual conduct or inte � fa ilial sexual abuse; (4) under certain co ditions, identity data of an informant; (5) under certain c nd ' tions, identity data of a crim e victim or witne s; (6) data that uniqu ly describes stolen , lost , confiscated or r covered property or property described in pa n hop transaction records; (7) under certain c nd ' tions , reward program data. Public : (1) certain arrest at ; (2) certain request fo service data; (3) certain respons ' o incident data; (4) inactive invest"ga ive data. Corrections and Detention da a = Section 13. 85 l. Private 2 . Confidential 10 ���-��� Criminal History data - Se 'ti n 13. 87 Private - data m aintain d in criminal history record s com piled by the BCA and disseminated through the criminal justice info m tion system; includes, but is not limited to fi gerprints , photographs , identification data , a rest data , prosecution data , criminal court data , us ody and supervision data . Deferred Assessment data - Se tion 13. 52 Private Domestic Abuse data - Sect o 13 . 80 1. Confidential 2. Private Economic Assistance data -' S ction 13. 62 Nonpublic Educational 8ata =- Section' 1 . 32 Student health data - p ivate Elected officials' corres 'on ence - Section 13 . 33 "Correspondence betw en individuals and elected officials is privat d ta on individuals, but may be made public by eithe t e sender or recipient ." Elected or appointed o'ff cials' financial disclosure statements -- Section 13. 6 "Financial disclo u e statements of elected or appointed official hich, by requirem ent of the political subdivision are filed with the political subdivision, are pub ic data on individuals ." Employment and Training d t - Section 13. 47 Pr iva te Examination data - Sectio 3. 34 Nonpublic 1 . ���--��� Federal contracts data =- e tion 13. 33 Nonpublic Firearms data - Section 1 . 6 Pr ivate Foster Care data -- Sectio 13. 53 Confidential Health data -- Section 13 . 8 Pr i va te Homestead Application dat - Section 13. 58 Private - social e urity numbers and detailed financial data submitt d by an individual applying for a special homestead classification pursuant to Minnesota Statutes S c ion 273.13. Individuals who may apply if they meet c rtain requirements are blind persons, veterans, d�is bled persons, and persons whose household income fal s elow a specific amount . Housing Agency data - Sec io 13 . 54 1. Confidential 2. Protected Nonpub ic 3. Nonpublic Human Rights Department d ta - temporary classification 1. Confidential 2. Private Investigative Detention d 'ta - Section 13 . 86 Confidential Labor Relations data - Se ti n 13 . 37 Nonpublic - m anagem e t positions on economic and non- economic items that a e not been presented during the collective bargainin ' rocess or interest arbitration, including inform atio s ecifically collected or created to prepare the manag me t position. 12 ���q� Protected non-pu lic - specific labor relations information as se orth above, which relates to a specific labor orga iz tion. Library data '- Section 1 . 441 Private Maltreatment of Vulnerab e Adults data - Sections 13. 82 and 626. 551 1 . Confidential 2. Private Medical data - 5ection 1 . 2 Private Personnel data - Section l . 43 With regard to cu rent and former employees , volunteers, indep nd nt contractors , and members of advisory boards o ommissions, only the following information is public Everything else is private. Nam e; actual gross sa ary; salary range; contract fees; actual gross pensi n; the value and nature of em ployer paid fringe benefits the basis for and the amount of any added rem n ration , including expense reimbursement, in ad ition to salary; job title; job description ; edu a ion and training background; previous work ex erience; date of first and last em ployment; the s a us of any com plaints or charges against the emplo ee whether or not the complaint or charge resulted in a isciplinary action; and the final disposition of any d sciplinary action and supporting documentation; wor location; a work telephone number; badge number; hono s nd awards received; payroll time sheets or other co p rable data that are only used to account for employ e' work time for payroll purposes, except to the ext nt that release of time sheet data would reveal the e pl yee's reasons for the use of sick or other med ical ea e or other not publ ic data; and city and county of re idence. 3. ����.�yz Applicants for empl ym nt : (1) an apl icant' s a e is pr ivate but becomes publ ic when certifie s eligible for appointment to a vacancy or w e considered by the appointing officer to be inalist for a position . (2) Public - vete a status ; relevant test scores; rank on eligib e list; job history; education and training and w r availability. This may be r leased at any time without identifiers. d tifiers m ay be used only when an applicant's n m becomes public as described in (1) above. Private: 1) all personne data relating to an employee or appl icant fo e ployment as an undercover law enforcement o fi er ; 2) employee assi ta ce program data. Labor organizatio s ay have access only to that data needed to conduct n election, to notify employees of fair share fee a s ssments and to implement the provisions of the ub ic Employees Labor Relations Act . When ordered or u horized by the director of the bureau of inediati n services, personnel data must be m ade available t abor organizations and to the bureau. Saint Paul Port Authori y ata = Section 13 . 551 Protected non-publ c until 30 days before the date of a hearing on a pr po ed sale pursuant to Minnesota Statutes Section 4 5.196 =�= financial studies and reports that are p r of appraisers' estim ates of value of or concerning p ojects defined in Chapter 474 , prepared by per o nel of the Port Authority or independent acco nt nts , consultants , and appraisers for the purpose o m rketing by sale or lease a project which the Port Aut o ity has acquired or repossessed as the result of the de ault under and the termination of a revenue agreement efined in Chapter 474. 14. ���-� 9� Property Complaint data S ction 13. 44 Confidential -- ide ti ies of individuals who register complaints with s ate agencies or political subdivisions conce n ' ng violations of state laws or local ordinances co e ing the use of real property. Redevelopment data - Sectio 13 . 59 Private =- names and a dresses of individuals and legal descriptions of prop r y collected in surveys conducted for planning, develo m nt and redevelopment purposes . Non=public =- nam es, ddresses and legal descriptions of business propert ' e and the com mercial use of the property, to the exte t disclosure of the use would identify a specifi business, collected in surveys conducted for planni g, development, and redevelopment purposes. Salary Benefit Survey dat =- Section 13. 45 Non=public =- salary a personnel benefit survey data purchased from c n ulting firms , non =profit corporations or asso ia ions or obtained from em ployers with the written und r tanding that the data shall not be m ade publ ic. Security Information data '- ection 13. 37 Nonpublic Trade Secret Information d t '= Section 13 . 37 Private or non=publi -'° government data, includinq a form ula, pattern, com i ation, program, device, m ethod , technique, or process (1) that was suppli d by the affected individual or organization, (2) that is the subjec of efforts by the individual or organization t at are reasonable under the circumstances to ma'ntain its secrecy, and 5. ��-��q� (3) that derives ind pe dent economic value, actual or potential, from o being generally kno wn to, and not being readi y scertainable by proper means by, other perso s who can obtain economic value from its disclos r or use. Traffic Accident Reports r q ired to be filed by Minnesota Statutes Chapter 169 - Sec i n 169. fd9 Confidential Welfare data - Section 13. 6 1. Confidential 2. Private V. REQUESTS FOR GO`7ERNMENT DA A A. Requests for Data =- G n ral . 1. To Councilmembers Councilm embers m y process requests for data within their o n offices. Generally, any data provided to a c u ilmember by a city department or office or an o tside agency, organization or person are publi . There are, ho wever , exceptions to this general r le and you are encouraged to contact the Ci y Attorney' s Office for advice should you h ve an uncertainty about the classification of ata that com es to you. For example: 1 . Public off c als correspondence is private unless the r ter OR recipient choose to make it public. — 2. The identi y f an ind ividual reg ister ing a com plaint b ut someone else's use of real property ' s confidential and may only be released o those whose work assignments reasonably re uire acccess. 16 �C'�'C�-fp9.Z As a general ru e information generated by your office is availab e to the public. Again, there are exceptions nd you are encouraged to seek the advice of t e City Attorney's Office. For example, some p rs nnel data which you maintain on your em ployees s vailable to the public; some is private and av ilable only to the em ployee , the employee's desi ne , those whose work assignments reasonably requ re access, and anyone with a court order requiring r lease. 2. To Council Inve ti ation & Research Bureau Upon reques to the Director of the Council Investig tion and Research Center , an authorized ind v 'dual , entity or person shall be permitted to i s ect and copy government data at reasonable ti es and places and if the party reguests , s/he s all be informed of the data's meaning . 3. General Standar s a . If the r q est is unclear or for many documents or for a variety of information or the data i not easily retrievable and involves t e collating of data from a number of sources, ou may require the request to be put in wr ' ti g. b, Regardles f where the data originates, if it is in o r possession, it is government data and ub 'ect to the access provisions of the law. c. Requested i formation is to be released as promptly s circumstances allow and in an impartial , ourteous and objective manner . Data may ot be withheld , delayed or selective y released to favor any person, agency o edia. Specific independent inquiries e pecially from the media, are to be honore i the order received. 1 . 1����9� 4. Fees Fees may be c a ged . See the data retrieval policy (Appendi C) . B. Requests for Data on In ividuals by the Data Subject. Upon request and whe cess/copies are authorized, the designee shall provi e copies of the private or public data on individuals to the subject of the data or the subject' s authorized re resentative. The designee shall c m ly imm ediately, if possible, or within five working a s of the date of the request if immediate com plia c is not possible. If the responsible authori y r designee cannot comply with the request within h t time, s/he shall inform the requestor, and may h ve an additional five working days within which to compl ith the request. If access is authori e , the responsible authority or designee must suppl he requested data within ten working days . If the requested data is classified so as to deny access to the data su j ct, then see G. C. Requests for Summary a . Unless classified by a state statute , federal law or temporary classi f ic ti n, summary data der ived from private or confident al data on individuals is public and the responsible a th rity or designee shall prepare the summary data u on the written request of any i nd iv id ual or per son. Within ten days of r ceipt of such request , the responsible authorit r designee shall inform the requestor of the es i ated costs of preparing the summary data, if any. The responsible autho it or the designee shall : 1. Provide the sum a y data requested as soon as reasonably possib e OR 1 . ��� �q� 2. Provide a wri t n statement to the requestor, giving a time s h dule for preparing the requested data , including r asons for any delays ; OR 3. Provide access to the requestor to the private or confidential a a so that the requestor can com pile the sum a y. Such access will be provided only when the re uestor signs a non-disclosure agrement; OR 4 . Provide a wri t n statem ent to the requestor stating reason hy the requestor' s access would com promise the r 'vate or confidential data . A NON-DISCLOSURE A R EMENT is used to protect the confidentiality of ov rnm ent data when the requestor of the summary da a will prepare the summary by accessing private o c nfidential data on individuals. A nonLdisclosure ag ee ent shall contain at least the following : l . A general d scription of the private or confidential d t which is being used to prepare summary data ; 2. The purpose fo hich the summary data is being prepared; 3. A statement th t the preparer ( requestor) understands s/ e may be subject to the civil or criminal pena ty provisions of the Act in the event that the p ivate or confidential data is disclosed; 4. A section in w i h the preparer (requestor) , in consideration f r being given access to private or confidential da a agrees not to disclose data in any form that ould identify or tend to identify an individual nd that s/he also agrees to defend and indemnify h City of Saint Paul and any of its employees in any legal actions brought as a result of his he having access to private or confidential d ta 5. A description f the civil and criminal penalty provisions of t e Act. 1 ���9�. 6. The signature of the requestor and the responsible authority, de ig ee or his/her representative. D. Requests for Gov r m ent Data by Other Governm ent Agencies. A responsible auth r ty may allow another responsible authority access to data classified as other than public ONLY when t e access is authorized or required by state statute o f deral law. An agency that sup li s governm ent data m ay require the requesting agency to pay the actual cost of supplying the data when the eq ested data is NOT provided in the normal course of b si ess and NOT required by state or federal law. Data shall have th s me classification in the hands of the agency recei i g it as it had in the agency providing it unles he classification is required to change to m eet jud 'ci 1 or administrative requirem ents. When practical and n cessary, the agency providing the requested informat 'on shall indicate the classification of the informatio if the data is classified as "not public" . When necessary, th r questing agency, if not listed on the "Tennessen War in ", should obtain inform ed consent from the data subj c (s) for information classified as private or confid nt al. Minnesota Statutes Section 13. 04 , Subd . 2. E. Requests for all 0 he Government Data . For requests from a ties other than individual data subjects or govern en agencies or persons, when access is authorized , the r sponsible authority or designee should provide data o request . If access is autho i ed and the responsible authority or designee is not a le to provide copies at the time the request is mad , s/he shall supply copies as soon as reasonably possi 1 . �. ���G��. F. Denying Requests for A cess to Government Data . Access to government ata may be denied when the data is classified by st t statute or federal law as not accessible to the re u stor . Any person denied a c ss to government data shall be inform ed orally at t e time of the request or in writing as soon af e that tim e as possible of the specific state statu e, federal law or temporary classification upon h 'ch the denial is based . Further , upon the r q est of any person denied acess, the responsible aut r ty or designee shall certify in writing that the req e t for access has been denied and cite the specific s ate statute , federal law or tem porary classifi a ion upon which the denial was based . VI . ANNIIAL INVENTORY By August 1 of each cal nd r year , each department shall file copies of its update i ventory with the Offices of the City Attorney and of th ity Clerk. If the department determines that the da a istings are complete and the classifications unchanged hen a letter stating these facts may be filed in lieu of n pdated inventory. See Appendix E for your department' s i v tory. VII . VIOLATION OF THE ACT A non�-willful violatio ay be punished by assessment against the City of d m ges suffered by the person aggrieved. In the case of a willful violation, the City may, in addition, be liab e o exem plary dam ages of not less than $ 1001 nor more th n $ 10 , gPJ0 for each violation. Minnesota Statutes 5ectio 3.A8, Subd. 1. A person who willfully vi lates the Act is guilty of a misdemeanor. Willful vi la ion constitutes just cause for suspension without pay r ismissal , Minnesota Statutes Section 13. �19. 21 r; . � '� �'� ;�.�,- - (��-�'i-G t�.- � ! ' �" _� � .v .�_ R fC I CIT O SAINT PAUL �J��D 1NTERDEPAR M TAL MEMORANDUM � October 29, 1986 , F�S "� 1987 �l TY ATTpR�Y EY T0: Department and Office Directo s � Office Managers FROM: Mayor George La timer RE: Implemeating Data Re ieval F es Policy Attached is the Data Retrieval Fees P li y together with the Executive Order which provides for an implemeata tion date o N vember 15, 1986. This policy grew out of discrepancies ia the way various City departmeats/offices charged for iaforcoatioa aad a consequ nt review by the Citq Attoraey's Office for compliance with the State Data Practi es Act. The State Law allows a zesponsible � authority such as ihe City to charge or providing iaformation within certaia limi ta tions. The Da ta Re trieva 1 Fees Po icy will help to assure tha t our ci tizens are treated fairly and legally relati e o their right to public data. � Your previous commeats were integral n riting this policq so many of you are already familiar with the issues eaco pa sed by it. Briefly, the policy establishes a f ee s truc ture of: 1. a flat rate of 25 cents per ge (page 3); 2. an op tiona 1 specia 1 ra te ca 1 la ted on s taf f time, copy cos ts, cos t of materials, etc. (page 3); aa � 3. a commercial rate, e.g. data a s, for public da ta which may have commercial value (page 3). There are exceptions in terms of da p vided as part of the aormal course of _ busiaess: 1. publica tions produced for di tr ution to the public (page 2); and 2. fees articulated by state an f deral laW. The Departmeat of Finance and Manage ea Services Purchasing Storeroom will have an "Information Disclosure Request & Co y ost Calcula tion Form" in stock af ter November 5, 1986. Cash receipts gen ra ed should be handled by established City cash receipts procedures. If you have further questions about nt rpretation of the policy or implemeatation please contact Barbara Jeanetta in t e udget Office (298-4323) or Jane McPeak in the City Attorney's Office (298-4121 . GL:BJ:fs cc: City Council Members Jane McPeak � � , � \ • • � r • . ', •;\ . : •-. • � � CITY OF SAINT PAUL, MINNESOTA NOVEMBER 1, 1986 " ' POLICY STATEMENT: DATA RETRIEVAL FEES I. POLICY � Pursuant to the Minnesota Government Data Practices Act - (M.S. c. 13) and unless otherwise provided for by Federal law, State Statute or rule, fees for obtaining government data shall be determined by departaients based on the costs of providing such service. Fees shall be reasonable and consistent. Fees shall not be charged for viewing of data only. Fees may be charged on a flat rate, a special rate or a commercial rate. Information on appropriate uses and • calculation of these fees can be found below. II. RESPONSIBILITIES OF THE CITY ATTORNEY . The City Attorney has the following .responsibilities: A. To answer questions and assist departments in . . implementing these guidelines and procedures. B. To annually review the Flat Rate fee and the photocopy cost charged in the Special Rate and recommend necessary changes to the Budget Director. . III. RESPONSIBILITIES OF THE BUDGET DIRECTOR � The Budget Director has the following responsibilities: A. To annually review the flat rate fee and the photocopy cost charged in the Special Rate in consultation with the City Attorney and make necessary changes. B. To notify all department and office directors of any changes in the Flat Rate fee and the photocopy cost charged in the Special Rate. C. To answer any auestions and assist departments in . determining Special Rate and Commercial rates to be charged. . l_ _ , . . . �-, . .. � �� � , � - � � � . . . � . � _: . ����:��- , . .. . . . . . _ , . . . . . . , � . . . . . . � . � � � .- . � � .� � . . -. _ � . . ,. . . .. . . . . . . . . . . . . . .. . . . .. . . - . . .. . . . :. . November 3� Z987 . . _ . � . . • . -: • _ . . _ � _ . . . , � . : . . , � �: � • M E M 0 R A N D U M '. • . ' :' ' : _ - : " � � . � � . � .. , ' . � . • � _ . ..._u .Y:I ' � :1 . � . ' � . ' •�• � % ' . � .� ' ' ' . . �:�• � ' ' � . �TO Gregory Blees : . _� -� " ._ .. . � - . - _ . .,�• . .,_ .�:. � �� • Budget Director�� ' ':'� -. .���-. - . . . . : ._ . � • . � � • . • • - � . . FROM: Jane A. McPeak . • _ . - - Deputy City Attorri y . . •� . � � � - � ' RE :' Data Retrieval Fee • ?ursuant to Section •II o he City's Data Retrieval Fees Policy . effective, by Execut:.ve O der, ori hovember 15 , 1986, �he �City . Attorney' s Office is ch r ed with �ually revie�.�=ng the flat ra�e fee znd tne pho�:oc y cost charged in the special rzte .and .. reco;���ending r.ecessary ch n es to the Budget Dire�tor. ' Based or. 1987 tdinneso�a a s, Chapter 351 , Section -7. , which add'ed � • - certain clarifying la.ngu g to Mirinesota Statutes Section 13.03 � dealing w.ith access ta go e nment data� I _suggest that the follow- � � � :�ing paragraph be addeo. t S ction C�• 1 and 2 � of the �City' s policy,: _ . ' . • • r . . ' � For C�, 1 : Persons who equest •~ access for the pur•pose of�: ' � • �inspectior. m y not be . assessed 'a charge or required _�.. . . � to pay a f'ee 'to inspect the data. . • . � , �. , .. . .��, . For C� 2: Persons who � equest access • for �the � purpose of '. � � . _ inspectior� m y 'not be: assessed a charge ar. required:,;.r'. . • •� - . � ' • to pay a fe o inspect . that � data�. � Persons, . otHer. : , • than thc su e t� of the -re ested � data� who ask �for �. . � copie� may ,b harged for the actual costs of search- :: :.�. � � � ing for• aaid re rieving gavernment data and for making ;- ':_ and compili q � the copies of the data but-� not for : . . separatiny u Iic from � �not public data. :��� Persons''� . • who are th ub ect of the requested ' data �may not -� be charged� o. the costs incurred in searching for `, � and retriev ng the data or in separating pub2ic f:om not public d t . , � cc:. t•Sayor Latimer • • Me:nbers of the City C uncil . Department b Office D rectors • _ . _ _ ._ _�. ,., \ . � � , � � �,��.�"��� ., _OLICY STATEMENT: DATA RE R EVAL FEES PAGE 2 - ./ IV. RESPONSIBILITIES OF E ARTMENT AND OFFICE DIRECTORS The City Department D'rectors have the following responsibilities: A. To establish p o edures pursuant to these guidelines for r�ceiving n depositing payments for data. B. To establish p o edures to ensure that requests for government dat re received and complied with in an appropriate ma n r in accordance with the Minnesota Government Dat ractices• Act. C. To maintain re o ds of each transaction for which a fee is charged D. To establish a' S andard Fee Schedule (as described below) for tho e services which are routinely provided to the public. end one copy of the Schedule to the Budget Directo nd one copy to the City Attorney. E. To, at least n ally, review Special Rate fees, Standard Fee S h dules and Commercial Rates established u e these guidelines and �modify as necessary to f ect changing costs. F. � To identify d a which may have significant commercial value and pre ar development cost documentation. G. To provide de ar ments all necessary forms relating to information d'sc osure and related fees (Finance Department) V. GU�DELINES AND PRO ED ES A. When access i a thorized, data may be provided at no charcre when: 1. another ov rnment agency or responsible authorit r quires or requests data and the data is usual y rovided as part of the normal course of busin ss• 2. records, do uments, brochures, pamphlets, books, reports, pu lications, or other data are produced or provi ed for free distribution to the public. B. When access i a thorized, data shall be provided "at the applicabl r te for all other requests to include: l. the medi , 'ncluding representatives of newspape , adio and television; � • . POLICY STATEMEN� DATA RETRIEVAL FEES • PAGE 3 '. 2. other authorized government agencies or responsibi'le authorities (defined in the Act) who require or request records, documents, publications, or other data which are not usually provided or reproduced as part of the normal course of business; 1" 3. records, documents, brochures, pamphlets, books, . reports, publications, or other data that are not normall.y provided or reproduced for distribution to the public; 4. • public and private data on individuals and public and non-public data not on individuals. C. FEE . Fees for data shall be charged at the Flat Rate, Special Rate, or Coxnmercial Rate. l. Flat Rate The Flat Rate is calculated on a per-page basis. The Flat Rate shall be charged when the cost of providing requested records, documents, publications, or data is minimal. The current . � Flat Rate is 25 cents per page. The "Information Disclosure Request" form . (Attachment A) provides space for calculation and entry of the Flat Rate. 2. Special Rate The Special Rate shall be charged when the cost of providing data exceeds the Flat Rate. The � Special Rate includes actual costs of providing data, including costs incurred in searching for, retrieving, compiling, certifying and making copies of requested data. Persons who are the subject of the Qovernment . � data mav not be charcted for the costs incurred in searchin4 for and retrievincr data. The cost of - separating public from not public data cannot be charged to the requestor. A breakdown of some of the various costs which may be charged is given in Attachment B. � �.. �� ��,--��z • � POLICY STATEMENT: DATA RET IE AL FEES PAGE 4 `, The Specia R te is determined by completing . Sections C of "Information Disclosure Request Form'� . Th S ecial Rate may include: a. cost f aterials, including paper, used to " provi e he data; b. cost f abor required to prepare the data; c. any s ec al costs necessary to produce such data ro machine-based record keeping syste s, including but not limited to, compu er and microfilm systems; d. maili g osts. D. Commercial Ra e Minnesota ta utes provide that the city may charge a r as nable fee in addition to the Special Ra e or public government data which has commercial va ue and is an entire formula, pattern, d ta base or system developed with a significan e enditure of public funds. � The Commer ia Rate is the Special Rate (i.e. , the actual co t of providing data) with an additional ch rge which reflects all or part of the develo me t costs that relate directly to the data. • l. The C mm rcial Rate may be charged to any indiv ''du 1, partnership, corporation, assoc at'on, business trust, government . agenc , olitical subdivision or a legal repre en ative of an organization when the reque te information has commercial value. 2. No in iv'dual shall be charged the Comme ci 1 Rate for government data on thems lv s. . 3. In or er to charge the Commercial Rate, a depar me t must clearly demonstrate that the addit on 1 charge relates to the actual devel pm nt costs of the information. Devel pm nt costs include, but are not limit d o: - a. ab r costs; b. os s incurred in design, development, . es ing, implementation and training; �� • • ' .. POLICY STATEMENT: DATA RETRIEVAL FEES PAGE 5 c. costs necessary to ensure that the data ' is accurate, complete and current, to include adding to, updating, changing and deleting information. 4. The total additional charges applied at the �` Commercial Rate may not exceed the total , development costs far the system. However, the development costs necessary to ensure that the data is accurate, complete and current may be added to the original development costs of an ongoing basis for the life of the system. 5. Departments should identify data for which they are responsible and which may have significant commercial value. 6. Departments responsible for the information shall prepara and maintain sufficient documentation to explain and justify any Commercial Rate beir.g charged. Such documentation is to include: a. cost of initial development; . • b. ongoing information development costs; � c. a record of Commercial Rate revenues - received which have been applied against development cost. 7. When necessary, the Budget Director shall assist departments in determining development and ongoing costs of computer/data base-related requests. 8. Upon the request of any person, a department . shall provide the documentation which justifies the Special and Commercial rate being charged. E. COLLECTION OF FEES GenerZlly, fees will be collected before releasing the data. Except under special circumstances, fees may not be "charged" and billed to the requestor. 1. Fees should be handled by following the City's Cash Receipts Procedures in the Accounting Procedures Manual. : � �-���G�� ' POL7CY STATEMENT: DATA R R EVAL FEES • PAGE 6 � F. STANDARD FEE S H DULE For those data s ices which are routinely provided, departments sh ul use the "Informatian Disclosure Request Form" o stablish a Standard Fee Schedule for each type of r co d, document, or data which is -"� routinely prov' e . The Schedule will preclude the need for compl i g the calculation form for each . request for dat hich is provided routinely. The � Standard Fee Sc e ule and the calculation form must be made readily av i able to anyone who requests them. A copy of the Sch d le should be sent to Budget Director and the City At o ey. � G. INFORMATION DIS LO URE RE UEST FORM The "Informatio D sclosure Request Form" (Attachment A) has been des ' n d to accommodate and facilitate the charging and col e tion of fees. . The name of the e estor or any other identifying � • information aske or on the "Information Discic�sure Request" form sh 1 not be required for requests for public data. If a requestor o je ts to filling out the "Info_�mation Disclosure Reque t" there is an explanatory flyer . titled "INFORMAT ON DISCLOSURE - your riqht - our responsibility" hi h is printed on the backside of � the "Information Di closure Re'quest Form. " . • • �: ATTACHMENT B , Costs of Cop,ving� Services Provided Flat Rate $.25 per page Special Rate a. Photocopy Rate $ .06 per page b. Labor Hourly wage +26%s c. Postage Prevailing rate d. Microfilm Services _ 1. from film to hard copy $ .50 per page . 2. copy of fiche card $ .50 per page ' 3 . diazo duplicate (-roll film) $8.00 each e. Computer Services For data requests involving a Data Processing . Operation, a written � request must be forwarded . to 'the Director of Citywide 'Information Services ' � . ' specifying the project. � •� • f. Tapes ' . 1. � Audio a. reel-to-reel Cost . b. cassette Cost . � 2. Dubbing Fee $5.00/half-hour � ' � . � O�TEOfAEOVEST 'NFORMaTiON IS LOSURE REQUFST & COPY COST CALCULATION FORM ` Mi�ota`�Gover m t Oata Practices Act - G V •-'�/� : QcGVES`.EF N�.ME�las�.Fusi.►n.) pE0UE5TER NOTE: ' " A.Request freQuency—Priva�e Oata on individuals.Atier you have been 3 �DOAESS l���«c.al s�own lhe data and into�med ot its meaning,t�e date�eed npt be dixlosed to you s1x months thereatter unkss a dispute o�attion is pendinfl or additional tlata on you has been tollectet7. v►+OwE/��n..a.e) 8.You may be required to pay the actusl costs of maki�g,�ertifying a�d/or compili�g the copies of intormation repuested. a DESCR�PTiON OF TME INfOFiMATION REOUESTED 5.REOUESTER S�GNATUpE x B. DEPARTMENT/DIVISION COMPLETE • 6.DEPAHTMENT/ptV1510N NAME 7.REQUEST MANDLED BY – D.pEdUEST TYPE 9.REQUESTED 8Y ❑�n-pe+son ❑�Aa�l ' ❑Plwne ❑SuDj.ot Il�a Oata ❑Not tf�e suOj.01 lf+e Oata �0 TrE iNCOAM�T�JN NEOUES7E01S C1A551F1E0: tt.REOUEST ❑PUEUC � ❑NON-PUBUC , ❑AP0��0 ❑OemeE ❑AOMOveO in paR(aaplaie in 13) ❑Pa�v�TE ❑PNOTEC7ED NON-PUBLtC 12.AUTt+ORIZEO SIGNATURE O CONFIDENTIAL X I1J FEMARKS'CCMMQNTS(lll�p�eslet daq�S Uliid�lC 30 IS 10 O�ny ICCISS 10 H7 ip atN uf��utnori�y or n�son.Also�nt��any o���r rsm�rks/tomm�nts apy�opn�t�1. C. DEPARTMENT/DIVISI��N COMPLETE WHEN FE S RE ASSESSED lComp�ere Pnorocopy Irne on�y for fIAT AA TE) ESTIMATED COST ACTUAL (Onry Necessary lor Aepaid) COST t.labor: X ........................ �NO OF MRS.) (►i0U lY R TE) X .............. ... , . . (NO.OF HRS.) (MOU LY R E) � 2.PnotoCOPY: X ....................... • ;�OTpCOPY qA1E)• (NO. PA 5) 3.Ma�ling: ....................... � a.PuDl�cation Pri�ting Cost: ........................ 5.Other costs,dese�ibe:(TO i�clude compu:er time,programminy ti ,tsr ina!aecess,vidso tapes, . m�crol�lming systems and ani other tosts not lislsd abore.J � a. ' - • b. C. � d. O LCHARGES 5 AM UN TO BE PREPAID � :ee Adm�n.N.anual tor turrent-ate. (50%ol ST. TOTAL if S50 or over) QECEi�T• A OUNT DUE � (Upo co pletion of copying) YtiEP�Qf��•FME EPT. iv 0�7E L ��soo+t�o-ee�