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RESOLUTION NO. 6784
RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES.
WHEREAS, the Minnesota Government Data Practices Act, Minnesota 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
qualified Responsible Authority as required under the Act and assigning duties
to that person;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILLWATER, MINNESOTA:
1. The City Council of Stillwater, Minnesota, appoints Nile L. Kriesel,
as the Responsible Authority for the purposes of meeting all requirements of the
Minnesota 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 system- containing government
data and to receive and comply with requests for govern, -it data. If the Res-
ponsible 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 administrering 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 keep records containing government
data }}t� such an arrangement and condition as to make them easily accessible for
convef-9hse by the public. Photographic, photostatic, microphotographic, or
micorfilmed 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.
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 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 designees deter-
mines 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.
d. The Responsible Authority shall prepare a public document contain-
ing 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. 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 safeguards 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,
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, and the
Responsible Authority reasonably determines that the access will not compromise
private or confidential data on individuals. (continued on page 208)
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RESOLUTION NO. 6784 - continued
g. The Responsible Authority shall prepare a public document setting
forth 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.
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.
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 to 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 shall so inform the individual, and may have
an additional five days within which to comply with the request, excluding Satur-
days, Sunday and legal holidays.
k. If an individual contests the accuracy or complexness 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 inaccurate or incomplete data, including
recipients named by the individual; or notify the individual that the Responsible
Authortity 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.
Adopted by the Council of the City of Stillwater this 6th day of
May, 1980.
Published - Not Published
Attest:
Cit Clerk
Mayor
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