80-49
CMM/11-3-80
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION APPOINTING A
RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES
Date Noverrber 3. 1980
Motion by Councilman Geving
Resolution No. 80-49
Motion Seconded by Councilman Pear&m
WHEREAS, 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 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
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administratively qualified Responsible Authority as required under the Act
and assigning duties to that person;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CHANHASSEN,
MINNESOTA:
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1. Appointment of Responsible Authority. The City Council of
Chanhassen, Minnesota appoints Donald W. Ashworth as the Responsible
Authority for the purposes of meeting all requirements of the Minnesota
Government Data Practices Act, M.S. Section 15.1611 through 15,1699 as
amended.
2. Appointment of Designee. 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 Authroity appoints a
designee or designees, the 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 inst~uct them in the requirements
of adminstering and enforcing the Minnesota Government Data Practices Act.
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3. Duties of the Responsible Authority. The duties of the
Responsible Authority and designees are as follows:
a. Preparation of the Public Document. The Responsible
Authority shall prepare a public document containing 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. 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
maintain its accuracy.
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b. Record Keeping. 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, microphotographic,
or miorofilmed records shall be considered as accessible for
convenient use regardless of the size of these records.
c. Establishment of Request Procedures. The Responsible
Authority shall establish procedures to insure that requests
for government data are received and complied with in an
appropriate and prompt manner.
d. Accuracy. 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.
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e. Inspection and Copying. 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 byuhe 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.
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f. Mandatory Disclosure of Existence of Data. Upon request
to the Responsible Authority or designee, any individual shall
be informed wheth8r he is subject to stored data on individuals,
whether it is classified as public, private, or confidential.
Upon further request, the individual who is the subject of
storedl~pi:ivate 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 Responsi-
ble 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,
Sundays, and legal holidays.
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g. Disputed Data. 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.
h. Inter-Government Exchanges of Data. 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.
Achange 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 desigqee when supplying government data under this provision
may require the requesting Responsible Authority to pay the
actual cost of supplying the data.
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i. Preparation of Summary Data. 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
summa+y 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 the information, and the Responsible Authority reasonably
determines that the access will not compromise private or
confidential data on individuals.
j. Temporary Classifications. 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 as
non-public or protected non-public, on a temporary basis until
a proposed statute can be acted upon by the legislature.
4. Headings. Headings at the beginning of sections and paragraphs
hereof are for convenience of reference only; and shall not be considered
as a part of the text of this resolution and shall not influence its
construction.
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5. This resolution implementing the Minnesota Government Data
Practices Act shall remain in force and effect until modified by the
City Council.
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day of
Adopted by the Council of the City of Chanhassen, this
November , 19 80
3rd
Attest: ~
City Cle~er &)~
Yes
No
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Mayor Hobbs
Councilman Pearson
Councilman NeV'eaux .
Councilman SWens6rl
Councilman Geving
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Absent
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