RES 1980-10 - 0000642912
RESOLUTION NO. 10 - 1980
RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING
DUTIES IN REFERENCE TO ENFORCEMENT OF GOVERNMENT PRACTICES ACT
WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes,
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 CITY COUNCIL OF FRIDLEY, MINNESOTA:
1. The city council of Fridley, Minnesota, appoints Nasim M. Qureshi, City
Manager, 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 systems
containing government data and to receive and comply with requests for
government data. If the Responsible 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 administering and enforcing the Minnesota Government Data
Practices Act.
3. The duties of the Responsible Authority and designees are as follows:-'N
a. 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 microfilmed 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 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.
d. 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. 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.
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Page 2 -- RESOLUTION NO. 10 - 1980 -
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 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 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, Sunday and legal holidays.
k. 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 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.
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
I
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.
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 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 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, Sunday and legal holidays.
k. 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 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.
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Page 3 -- RESOLUTION NO. 10 - 1980.
4. This resolution implementing the Minnesota Government Data Practices Act
shall remain in force and effect until modified by the city council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH
DAY OF FEBRUARY, 1980. i
WILLIAM J. NEE - MAY
ATTEST:
CITY CLERK-"�MARVIN BRUN ELL
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