1b. Data Practices Act0
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM: Laurie Hokkanen, Assistant City Manager
DATE: August 13, 2012
SUBJ: Data Practices Act
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PROPOSED MOTION
"The City Council adopts the City of Chanhassen Guide to Requesting
Information about You and the Guide for Members of the Public Requesting
Information, in accordance with MN Statute 13.05, subdivision 8."
Approval requires a simple majority vote of the council.
BACKGROUND
Minnesota Statute 13.05, subdivision 8 outlines the State's assertion that all
government data is public unless a state or federal law says the data is not public.
The statute also outlines expectations and guidelines for how data will be made
available.
Recreation Center Attached please find the City of Chanhassen's policy regarding the Data Practices
2310 Coulter Boulevard Act. There are different rules /procedures regarding data based on whether or not
Phone: 952.227.1400 the requesting individual is the subject of the data. Attached also find a sample
Fax: 952.227.1404 form which can be used by an individual to request data.
Planning & Staff has always complied with the Data Practices Act policy, and no change in
atural Resources
Phone: l Res rce our policies is intended through these documents. These documents are merely
Fax: 952.227.1110 meant to more efficiently explain the process and rights to interested parties.
Public Works
7901 Park Place
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
RECOMMENDATION
Staff recommends adoption of the Guide to Requesting Information about You
and the Guide for Members of the Public Requesting Information.
ATTACHMENTS
1. Guide to Requesting Information about You
2. Guide for Members of the Public Requesting Information
3. Release of Information Request Form
g: \admin \lh \city council adopt data practices act policies.doc
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
City of Chanhassen
Guide for Requesting Information About You
This document also discusses your rights when government entities collect and keep informotion about
you. This document i's required by Minnesoto Statute 13.05, subdivision S.
Data about You
The Data Practices Act (fir nne.sota Statbites, Chapter 13; says that data subjects have certain rights
related to a government entity collecting, creating, and keeping government data about them. You are
the subject of data when you can be identified from the data. Government data is a term that means all
recorded information a government entity has, including paper, email, CD -ROMS, photographs, etc.
Classification of Data About You
The Data Practices Act presumes that all government data are public unless a state or federal law says
that the data are not public. Data about you are classified by state law as public, private, or confidential.
See below for some examples.
Public Data: We must give public data to anyone who asks; it does not matter who is asking
for data or why. Examples of the public data about you include (if you are an employee of a
government entity) the fact that you work for the entity and your job title are public.
Private Data: We cannot give private data to the general public, but you have access when
the data are about you. An example of private data about you is yoursocial security number.
We can share your private data with you, with someone who has your permission, with City of
Chanhassen staff who need the data to do their work, and as permitted by law or court order.
Confidential Data: Confidential data have the most protection. Neither the public nor you
can access even when the confidential data are about you. An example of confidential data
about you is if you file a complaint with a government entity concerning violations of state law or
city ordinance concerning the use of real property, your identity is confidential. We can share
confidential data about you with City of Chanhassen staff who need the data to do their work,
and as permitted by law or court order.
Your Rights under the Data Practices Act
The City of Chanhassen must keep all government data in a way that makes it easy for you to access
data about you. Also, we can collect and keep only those data about you that we need for administering
and managing programs that are permitted by law. As a data subject, you have the following rights.
Your Access to Your Data: You have the right to look at /inspect, free of charge, public and private data
that we keep about you. You also have the right to get copies of public and private data about you. The
Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge,
before requesting copies.
Also, if you ask, we will tell you whether we keep data about you and whether the data are public,
private, or confidential.
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When we Collect Data from You: When we ask you to provide data about yourself that are not public,
we must give you a notice. The notice is sometime called a Tennessen warning. This notice controls
what we do with the data that we collect from you. Usually, we can use and release the data only in the
ways described in the notice.
We will ask you for your written permission, if we need to use or release private data about you in a
different way or if you ask us to release the data to another person.
When your Data are Inaccurate and /or Incomplete: You have the right to challenge the accuracy and /or
completeness of public and private data about you. You also have the right to appeal our decision.
Data Practices Contacts
The Assistant City Manager is the Data Practices Responsible Authority and Compliance Official for all
data issues not assigned by statute to someone else. Contact information listed in this document will be
updated as needed.
Contact:
Assistant City Manager
Laurie Hokkanen
PO Box 147, 7700 Market Blvd.
Chanhassen, MN 55317
952 - 227 -1118
Iokkanen@ci.chanhassen.mn.us
For Request Related to: Finance, Utility Billing, Property Assessments, contact:
Utility Billing Clerk
Ashley McGovern
PO Box 147, 7700 Market Blvd.
Chanhassen, MN 55317
952 - 227 -1142
amcgovern @ci.chanhassen.mn.us
Adopted by the Cy }un posse ? City Counc on August 1:3, 2012,
3
City of Chanhassen
Guide for Members of the Public Requesting Information
This docurnent is required by Minnesota Statutes, section 13,03, subdivision 2(b).
Right to Access Public Data
The Data Practices Act (Minne.soto Statutes, Chapter 13) presumes that all government data are public
unless a state or federal law says the data are not public. The Data Practices Act also provides that the
City of Chanhassen must make it easy for you, as a member of the public, to access public data. You also
have the right to get copies of the data. The Data Practices Act allows us to charge for copies. You have
the right to look at data, free of charge, before deciding to request copies.
How to Make a Data Request
To look at data or request copies of data that the City of Chanhassen makes, make a written request. A
list of the appropriate contacts for requests is included in this document. You may make your written
request for data by mail, fax, or email, using the Request for Information form included in this packet.
If you choose not to use the form, your written request should include:
• That you, as a member of the public, are making a request for data under the Data Practices Act,
Minnesota Statutes, Chapter 13
• Whether you would like to look at the data, get copies of the data, or both; and
• A clear description of the data you would like to inspect or have copied
The City of Chanhassen cannot require you, as a member of the public to identify yourself or explain the
reason for your data request. If you are requesting private data on an individual, you must prove that
you are the subject of that data. However, depending on how you want us to process your request, we
may need some information about you. If you choose not to give us any identifying information, we will
provide you with a contact so you can check on the status of your request. In addition, please keep in
mind that we do not understand your request and have no way to contact you, we will not be able to
begin processing your request.
How we Respond to a Data Request
Upon receiving your request, we will work to process it.
• If we do have the data, we will notify you as soon as reasonable possible.
• If we have the data, but the data are not public, we will notify you as soon as reasonably
possible and explain why the data is not public.
• If we have the data, and the data are public, we will respond to your request in a timely and
appropriate manner by doing one of the following:
o Arrange a date, time, and place to inspect the data for free if you your request is to look
at the data, or
o Provide you with copies of the data as soon as reasonably possible. You may choose to
pick up your copies, or we will mail or fax them to you. We will provide electronic
copies if we keep the data in an electronic format and requested. Information about
copy charges is included in this policy. We will arrange for payment of any fees before
the information is copied /prepared.
If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please
let us know. We will give you an explanation if you ask.
The Data Practices Act does not require us to create or collect new data in response to a data request if
we do not already have the data or to provide data in specific form or arrangement if we do not keep
the data in that form or arrangement. If we agree to create data in response to your request, we will
work with you on the details of your request, including cost and response time.
In addition, the Data Practices Act does not require us to answer questions that are not requests for
data.
Data Practices Contacts
The Assistant City Manager is the Data Practices Responsible Authority and Compliance Official for all
data issues not assigned by statute to someone else. Contact information listed in this document will be
updated as needed.
Contact:
Assistant City Manager
Laurie Hokkanen
PO Box 147, 7700 Market Blvd.
Chanhassen, MN 55317
952 - 227 -1118
Ihokkanen@ci.chanhassen.mn.us
For Request Related to: Finance, Utility Billing, Property Assessments, contact:
Utility Billing Clerk
Ashley McGovern
PO Box 147, 7700 Market Blvd.
Chanhassen, MN 55317
952 - 227 -1142
amcgovern @ci.chanhassen.mn.us
AdoP t d by ;bhe C1 mnhc,'i t 0',y Council or, AL #Liust 113, 7€ ,12,
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RELEASE OF INFORMATION REQUEST
Person /Company Requesting Information:
Contact Name:
Address:
Phone Number:
E -mail:
Fax Number:
Information being requested (specify exact information):
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Dates for Information:
Select one: Review Information (no charge) ❑ Copy of Information* ❑ Electronic File* ❑
* If requesting copies or an electronic file of the information listed above, these charges will apply:
• 25C per one -sided copy (up to 100 total pages), 50C per two -sided copy (up to 50 total pages)
• Over 100/50 pages, or an electronic file, will be charged for the actual cost of compiling the
above requested information.
If requesting electronic file please supply an e-mail address:
E -mail:
By signing below I agree to the above terms, and will submit payment rior to receiving the
requested information. Copying and review of the record(s) will be done by city staff within a
reasonable time period of receiving this signed request.
Signature _
Printed Name
Date
To submit or ask questions about this Release of Information Request please contact
Laurie Hokkanen at 952 - 227 -1118, or lhokkanen @ci.chanhassen.mn.us
Completed forms may be faxed to: 952 - 227 -1918, Attn: Laurie Hokkanen
Completed forms may be mailed to: City of Chanhassen, Attn: Laurie Hokkanen
PO Box 147, Chanhassen, MN 55317