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HomeMy WebLinkAbout1981-202 CCR Member Celia Scott introduced the following resolution III and moved its adoption: RESOLUTION NO. 81 -202 RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES PURSUANT TO THE MINNESOTA GOVERNMENT DATA PRACTICES ACT WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes 15.1611 to 15.1699 as amended, requires that the City of Brooklyn Center 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 the City of Brooklyn Center; and WHEREAS, the Brooklyn Center City Council is concerned with the responsible use of City data and wishes to satisfy this concern by immediately appointing an 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 Brooklyn Center, Minnesota as follows: 1. The City Council of the City of Brooklyn Center, Minnesota appoints City Manager, Gerald Splinter, as the Responsible III Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Section 15.1611 to 15.1699 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, 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 instruct them in the requirements of administering and enforcing the Minnesota Government Data Practices Act. 3. The duties of the Responsible Authority and designees are as follows: (a) 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 relaing to private or confidential data on individuals retained by the City. In addition, the public document shall contain the rights of III 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 RESOLUTION NO. 81 -202 III 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. (g) 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 complete an 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) 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. A change 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 designee when supplying government data under this provision may require the requesting Responsible Authority to pay the actual cost of supplying the data. (i) 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 summary 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) The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for the classificiation 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. III 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and affect until modified by the Brooklyn Center City Council. RESOLUTION NO. 81 -202 Responsible Authority shall update the public document and annually and make any changes necessary to maintain its accuracy. (b) 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 microfilm records shall be considered as accessible for convenient use regardless of the size of these records. (c) The Responsible Authority shall establish procedures to ensure the requests for government data are received and complied with in an appropriate and prompt manner. (d) 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. (e) 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 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 a 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. (f) Upon request to the Responsible Authority or designee, any individual shall be informed whether he is subject to stored data on individuals, and whether it is classified as public, private, or confidential. Upon further request, the individual who is a 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 requests made by any 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 RESOLUTION NO. 81 -202 October 5, 1981 Date Mayor ,/'/?;;;7 ATTEST: A� The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.