ITEM 7.1 Data Practices Policy�sTe F �
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends that the Council approve the attached City Data Practices Policy.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
I
No.
No.
BACKGROUND/JUSTIFICATION: The City is required by State statute to have in place an adopted Data Practices
Policy, setting forth instructions to the public as to how to make a data request and establishing for City
employees a written policy and procedure for handling data and requests for data.
The City recently received a data request for the City's policy and other statutorily required documents.
This was a standard request that was sent to many of the Cities within the Metro area and was
discussed by the League of Minnesota Cities and at the recent City Attorney's conference. Many of the
cities receiving the data request did not have any data practices policy. Otsego did have data practices
policies, but they were mostly contained within the Personnel Policy and did not include all required
information.
It is important to have the proposed policy in place both to meet statutory requirements and to provide
information to citizens making data requests. The attached policy was largely taken from another
community, but was modified for Otsego. In the case of Otsego, a substantial amount of the data held
by other Cities is in the hands of the County which does all of the City's law enforcement, prosecution
and assessor's duties. As you will note, the proposed City Data Practices Policy defers to the County for
data requests in the areas handled by the County. The County is also in the process of updating their
data practice policies.
SUPPORTING DOCUMENTS: x❑ ATTACHED ❑ NONE
Otsego Data Practices Policy.
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to approve Resolution No. 2017-21, adopting the City of Otsego Data Practices Policy.
BUDGET INFORMATION
FUNDING: BUDGETED: D YES
NA D No
City of Otsego
Data Practices Policy
Purpose
The purpose of this policy is to effectively ensure compliance with the Minnesota Government Data Practices
Act (MGDPA) which balances the right of the public to access data collected and maintained by the City while
protecting other designated information from indiscriminate disclosure.
Responsible Authority, Compliance Official and/or Designees
The City Council has appointed the City Clerk as the Responsible Authority and the City Attorney as Compliance
Official for purposes of the MGDPA. The Compliance Official is the designated representative of the government
entity to whom persons may direct questions or concerns regarding problems in obtaining access to data or
other data practices concerns. The phrase "Responsible Authority or a designee" used in this policy means the
person responding to a MGDPA request for the City. In the absence of the City Clerk the alternate Responsible
Authority shall be the Deputy Clerk.
Data Accessible to the Public
"Government data" means all data collected, created, received, maintained or disseminated by the City regard-
less of its physical form, storage media or conditions of use. Government data is public data and is generally
accessible by the public according to the terms of the MGDPA, unless it is specifically classified differently by the
MGDPA or other law, and may be subject to a fee (see Fee Section). The MGDPA classifies categories of
government data that is not generally accessible to the public as follows:
A. Confidential data on individuals is inaccessible to the public or to the individual subject of the
data.
B. Private data on individuals is inaccessible to the public, but is accessible to the individual subject of the data.
C. Protected non-public data is data not on individuals that is inaccessible to the public or the subject of the
data, if any.
D. Non-public data is data not on individuals that is inaccessible to the public, but accessible to the subject of
the data, if any.
If data is determined to be inaccessible to the requesting party, refer to the Data Accuracy/Security Safeguards
section of this policy.
Access Procedures
Procedures for responding to requests for access to government data vary depending on the classification of the
data requested and the person making the request. The Responsible Authority or a designee must determine:
(1) Whether the City maintains the data requested. The City is not required to provide data it does not
maintain or to produce data in a new format.
(2) The statutory category of data requested in order to respond appropriately according to MGDPA
requirements.
Classifications for "not public data" (data classified as private, confidential, or non-public data) under
Minnesota Statute §13.02, Subdivision 8a, maintained by the City are attached to this policy as Exhibit A.
Responses for data requests should follow the protocol below depending on the category of data.
City of Otsego
A. Public Data:
All Government data is public data unless it is specifically given a different classification by statute or
law. Any person has the right to inspect and copy public data and receive an explanation of its
meaning. The person is not required to provide identification or a reason for the request.
Requests for public data may be oral or written. Staff may ask requesters to utilize the City's data
disclosure request form or to provide the same information in some other format. The City should
consult with legal counsel on any request related to litigation.
Requests will be received and processed during normal business hours and the information supplied as
soon as reasonably possible. If the request for data is voluminous, the requested information may be
supplied in segments over a period of time.
"Summary data" means statistical records and reports derived from data on individuals but in which
individuals are not identified and from which neither their identities nor any other characteristic
that could uniquely identify an individual is ascertainable. Unless otherwise classified by MGDPA,
another statute, or federal law, summary data is public and must be provided on written request.
Summary data is subject to the following procedures: (1) the Responsible Authority or a designee must
prepare summary data by redacting, by any reasonable means, data that identifies any individual; (2)
the Responsible Authority or a designee must inform the requesting party of the approximate
timeframe for preparing the summary data and the reason for any delay; (3) all costs for preparation
must be paid by the requesting party. The Responsible Authority may authorize an outside agency or
person to prepare summary data if the specific purpose is given in writing, the outside agency or
person agrees not to disclose the private or confidential data; and the Responsible Authority
determines that access by the outside agency or person will not compromise the privacy or
confidentiality of the data.
B. Confidential and Protected Non-public Data:
Data within these two classifications is not accessible and should not be provided to members of
the general public (even if the requestor is the subject of the data) under any circumstances.
Confidential data may be provided only to the following: (1) persons authorized by federal, state, or
local law or court order whose identity is disclosed in a valid Tennessen Warning or (2) City staff, City
Council members, or outside agents (e.g. attorneys) whose work assignments or responsibilities
reasonably require access.
In limited cases where such data is accessible,.a written request is required unless waived by the
Responsible Authority or a designee. Requests will be received and processed during normal
business hours and the information supplied as soon as reasonably possible.
C. Private Data on Individuals and Non-public Data:
Private data on individuals and non-public data may be accessed only by the subject of the data; a per-
son given access by written consent of the subject of the data; persons authorized by federal, state, or
local law or court order whose identity is disclosed in a valid Tennessen Warning or City staff, City
Council members, or outside agents (e.g. attorneys) whose work assignments or responsibilities
reasonably require access. Private data on individuals relating to juveniles is subject to special
handling (note be- low); as is trade secret and security information as determined by the Responsible
Authority (refer to the Data Accuracy/Security Safeguards section of this policy).
City of Otsego
All requests for private data on individuals and non-public data must be in writing on a data disclosure
request form (see Exhibit A) unless waived by the Responsible Authority or a designee. The
Responsible Authority or a designee must verify the identification of the requestor through personal
knowledge, presentation of written identification, or other reasonable means. The City should consult
with legal counsel on any request related to litigation.
Requests will be received and processed during normal business hours. The response must be
provided immediately or, in the event an immediate response is not possible, within ten working days.
The data may be provided in segments. After an individual has been shown the private data and
informed of its meaning, the data need not be disclosed to that individual again for six months unless a
dispute or action pursuant to MGDPA requirements arises or additional data on that individual is
collected.
1. Data on Juveniles:
Private data on individuals under the age of 18 is subject to special
handling.
When requesting private data on individuals from juvenile subjects, the Responsible Authority
or a designee must notify the subject of the data that they may request that the private data be
withheld from their parent or legal guardians, stating reasons for the request. This notice must be
given in addition to a Tennessen Warning.
In addition to the individuals listed above (C/first paragraph), a parent or legal guardian, or an
Individual acting as a legal guardian in the absence of a parent or legal guardian, generally may
access private data on individuals who are under the age of 18. This access is presumed unless
the Responsible Authority or a designee has evidence (in the form of a federal or state law, court
order, or other legally binding document) that such access should be denied; or the juvenile
has requested that such access be denied and the Responsible Authority or a designee
determines that access should be denied based on the following criteria: the juvenile is of
sufficient age and maturity to ex- plain the reasons given for the denial and to understand the
consequences, reasonable grounds support the reasons given, denial of access may prevent
physical or emotional harm to the juvenile, if the data involves medical, dental or other health
services provided under Minnesota Statute §144.341 et seq., in which case the data may be
released only if the failure to disclose the data to the parent or legal guardian would seriously
jeopardize the health of the juvenile.
Denial of Access to Data
In the event the Responsible Authority or a designee determines that requested data, of whatever
classification, is not accessible to the requesting party, the Responsible Authority or a designee must inform the
requesting par- ty orally at the time of the request or in writing as soon thereafter as possible. If a written
denial is provided, the documentation should include the specific legal authority for the denial.
Fees
The City will not charge a fee for the time it takes to separate public data from private, non-public, or
confidential data (i.e. redaction).
A fee will not be charged for the inspection of government data. Inspection includes the individuals'
City of Otsego
ability, through their own devices, to photograph or copy a document without removing it from City offices or
damaging or defacing it in any manner.
If, either before or after inspection, a requesting party wishes to have government data reproduced and/or
transmitted to any location outside of City offices, fees will be charged for that service as permitted by the
MGDPA:
Single -Sided, Black and White, Letter or Legal Size Documents
1-100 pages $.25/page
101 or more pages Actual Cost
The actual cost for copies (1-100 pages) includes the cost of searching for and retrieving the data, including the
cost of employee time, and for making, certifying, and electronically transmitting copies of the data and/or
mailing copies of the data and other production expenses (e.g. microfilm, recording systems, or use of
computers) as requested.
1. Data with Commercial Value. If a request involves copies of Government Data that have commercial
value and is a substantial or discreet portion of an entire pattern, program, device, method, technique,
process, da- to base, or was otherwise developed by the City with significant expenditure of public funds,
the Responsible Authority shall determine a reasonable fee to be charged in addition to other fees for
copies and transmission. Upon written request, the Responsible Authority will provide documentation
sufficient to explain the additional fee.
2. Data Subject to Third -Party Copyright. Data that is or may be subject to a copyright claim (e.g.
building plans) cannot be copied by the City and provided to any third party. If such data is otherwise
public, it can be provided for inspection upon request, but cannot be copied.
3. All other copies. For other than single -sided, black and white, letter or legal size documents, the charge
will be the actual cost of copying.
4. City may require Prepayment. The City, in the discretion of the Responsible Authority or a designee,
may require the requesting party to prepay any fees associated with a request for copies or transmission.
Data Collection
Collection and storage of data on individuals is limited to that necessary for the administration and
management of programs specifically authorized by the City Council, state legislature, or federal government.
When an individual is asked to provide that individual's private or confidential data, the Responsible Authority
or a designee must give that individual a Tennessen Warning, either separately in writing or as part of another
written form. A Tennessen Warning is not required when a law enforcement officer requests data during an
investigation.
Data Accuracy and Security Safeguards
Data Accuracy
In order that government data be kept in the most accurate and current state practicable, the following
guidelines should be followed:
1. All City employees must provide, on an annual basis, updated personal data to supervisors and Human
Re- sources for tax purposes, insurance coverage, emergency notifications, and other personnel -related
reasons.
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City of Otsego
2. Employees providing private or confidential data are encouraged to provide updated data as appropriate.
3. Department supervisors should periodically review forms used to collected personal data to comply with
MGDPA requirements and to clarify or remove any ambiguities.
Challenges to Data Accuracy
An individual who is the subject of Government Data may contest the accuracy or completeness of that data by
notifying the Responsible Authority in writing describing the nature of the disagreement. Within thirty days,
the Responsible Authority must review the data in question and respond by either correcting data found to be
inaccurate or incomplete and attempting to notify past recipients of the inaccurate or incomplete data,
including recipients named by the individual; or (notifying the individual that the Responsible Authority
believes the data to be accurate. An individual who is dissatisfied with the Responsible Authority's response
may appeal the matter to the Commissioner of the Department of Administration, utilizing the contested case
procedures in Minnesota Statute Chapter 14.
Data Security
1. City staff must pay careful attention to and abide by the City's Records Retention Schedule, disposing of
records as appropriate.
2. Private, non-public, and confidential data must be stored in secure files or databases which are not
accessible to unauthorized personnel pursuant to Minnesota Statute §13.05, Subdivision. 5. The
Responsible Authority or a designee should instruct authorized personnel to (1) not discuss, disclose or
otherwise release private, non-public, or confidential data to personnel who are not authorized to access
such data; (2) protect access to private, non-public, or confidential data in their possession; (3) shred
private, non-public, or confidential data prior to discarding it or dispose of it in confidential locked
recycling. The City conducts ongoing security checks and must complete, at least annually, a
comprehensive assessment of security of the private, non-public, and confidential data maintained.
3. Private, non-public, and confidential data should be kept within City offices at all times unless necessary
for off -premises City business.
4. Contracts with outside entities that involve the use or access to private, non-public, or confidential data
must include language intended to insure compliance with MGDPA requirements.
Trade Secrets and Security Information
Trade secret and security information (e.g. plans for alarm systems, vaults, sprinkler systems, security
protocols) is non-public data. The Responsible Authority, in consultation with legal counsel as necessary, will
determine whether particular information qualifies as Trade Secret or Security Information according to the
following definitions:
1. Trade secret information is government data that includes a formula, pattern, compilation, program,
device, method, technique, or process that is (1) supplied by an individual or organization; (2) subject to
efforts by the individual or organization to maintain secrecy of the information; and (3) derives
independent actual or potential economic value by not being known to or accessible to the public through
lawful means.
2. Security information is government data the disclosure of which would be likely to substantially jeopardize
the security of the information, possessions, individuals or property against theft, tampering, and
improper use, at- tempted escape, illegal disclosure, trespass, or physical injury. Security information
City of Otsego
includes crime prevention blocks maps and lists of volunteers who participate in community crime prevention
programs and their home addresses and telephone numbers.
Contracts with Private Entities
If the City enters into a contract with a private person to perform any of the City's functions, all of the data
created, collected, received, stored, used, maintained, or disseminated by such private person in performing
those functions is subject to the requirements of Minnesota Statute §13.01 et seq. and such person must
comply with the requirements as if he or she were a government entity. All such contracts must include a
notice that the requirements of Minnesota Statute §13.01 et seq. apply to the contract.
Procedures in the Event of Unauthorized Access
This Policy establishes that only those personnel who need to access non-public data do so. In the event of a
breach of that requirement, the City is required to notify any individual or entity whose non-public data was
wrong- fully accessed, to conduct an investigation into the matter, and to prepare a report. Notification must
occur in the most expedient time frame possible and must inform the individual or individuals how they can
obtain a copy of the report. If the breach involves unauthorized access by an employee, contractor, or agent of
the government entity, the report must include at least the description of the type of data accessed, the number
of individuals affected, and the final disposition of disciplinary action against any employee determined to be
responsible for the breach. See Minnesota Statute § 13.055
Legal Requirements
This Data Practices Policy contains the procedures and forms adopted by the City of Otsego ("City") to comply
with the requirements of the Minnesota Government Data Practices Act ("MGDPA"), set forth in Minnesota
Statute§13.01 et seq.
Adopted: March
City of Otsego
EXHIBIT A
GOVERNMENT DATA CLASSIFIED AS NOT PUBLIC (PRIVATE, NON-PUBLIC, OR CONFIDENTIAL)
The following categories and summaries should serve as a guideline for responding to MGDPA requests.
Specific questions should be directed to the City Attorney's office.
Personnel Data (Private) Minnesota Statute §13.43
All data on all individuals who are or were an employee, volunteer, or independent contractor is Private data
on Individuals—except the following, which is public data:
• Name
• Actual gross salary
• Salary range
• Contract fees
• Bargaining unit
• Actual gross pension
• Value and nature of employer paid fringe benefits
• Basis for and amount of added remuneration, including expense reimbursement
• Job title
• Job description
• Education and training background
• Previous work experience
• Date of first and last employment
• The existence and status (but not nature) of any complaints or charges against the employee, whether
or not resulting in discipline
• Final disposition of any disciplinary action, with specific reasons for the action and data documenting
the basis of the action, excluding data that would identify confidential sources who are employees
• Terms of any agreement settling any dispute arising from the employment relationship, including a
"buy- out" agreement
• Work location
• Work telephone number
• Badge number
• Honors and awards received
• Payroll time sheets or other comparable data that are only used to account for employee's work time
for payroll purposes, except to the extent that release of time sheet data would reveal the employee's
rea- sons for the use of medical leave or other not public data
• Employee Number
If necessary to protect an employee from harm to self or to protect another person who may be harmed by the
employee, information that is relevant to the safety concerns may be released to (1) the person who may
be harmed or to the person's attorney when relevant to obtaining a restraining order, (2) a pre-petition
screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting agency.
Undercover Law Enforcement Officer Data (Private) Minnesota Statute §13.43, Subd. 5
All data about an individual who is employed as, or is an applicant to be, an undercover law officer is private
data on individuals. Law enforcement is contracted to Wright County which handles this data.
City of Otsego
Applicant Data (Private) Minnesota Statute §13.43, Subd. 3
Data about current and former applicants for City employment is private data on individuals—except the
following, which is public data:
• Veteran status
• Relevant test scores
• Rank on eligible list
• Job history
• Education and training
• Work availability
• Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a
position of public employment (which occurs when the person has been selected to be interviewed by
the appointing authority)
Applicants for Appointment to a Public Body (Private) Minnesota Statute §13.601
Data about applicants for appointment to a public body that are collected as a result of the applicant's
application, including contact information, is private data on Individuals—except the following, which is public
data:
• Name
• City of residence (unless the appointment has a residency requirement that requires the entire
residence ad- dress to be public)
• Education
• Training
• Employment history
• Volunteer work
• Awards and honors
• Prior government service
• Once an individual is appointed to a public body, the following additional data are public:
• Residential Address
• A telephone number or electronic mail address where the appointee can be reached,
or both at the request of the appointee
Real Property Complaint Data (Confidential) Minnesota Statute §13.44
The identity of any individual who register complaints concerning violations of state laws or local ordinances
concerning the use of real property is confidential data on Individuals.
Security Information (Non-public) Minnesota Statute §13.37, Subd. 1(a)
Government data that, if disclosed, would be likely to substantially jeopardize the security of information,
possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal
disclosure, trespass, or physical injury is non-public. This includes crime prevention block maps and lists of
volunteers who participate in community crime prevention programs and their home addresses and telephone
numbers, but these may be disseminated to other volunteers participating in crime prevention programs. This
also includes interior sketches, photos, or plans of buildings where detailed information about alarm systems or
similar issues could jeopardize security.
City of Otsego
The Responsible Authority must make a determination regarding all data to be classified as non-public security
information.
The location of a National Night Out event is public data.
Trade Secret Information (Non-public) Minnesota Statute §13.37, Subd. 1(b)
Government data that includes a formula, pattern, compilation, program, device, method, technique, or process
that is (1) supplied by an individual or organization; (2) subject to efforts by the individual or organization to
maintain secrecy of the information; and (3) derives independent actual or potential economic value by
not being known to or accessible to the public through lawful means is Non-public.
The Responsible Authority must make a determination regarding all data to be classified as non-public trade
secret information.
Labor Relations Information (Non-public/Protected Non-public
Minnesota Statute § 13.37, Subd. 1(c)
Management positions on economic and non -economic items that have not been presented during the
collective bargaining process or interest arbitration, including information collected or created to prepare the
management position are non-public or protected non-public data.
Examination Data (Private or Confidential) Minnesota Statute §13.34
Completed versions of personnel and licensing examinations are private data, unless the Responsible Authority
determines that they should be confidential because access would compromise the objectivity, fairness, or
integrity of the examination process.
Election Officials Correspondence (Private) Minnesota Statute §13.601
Correspondence between individuals and elected officials is private data, but may be made public data by either
the author or any recipient.
Housing Agency (HRA) Data (Non-public/ Private) Minnesota Statute §13.585
Data pertaining to negotiations with property owners regarding the purchase of the property are non-public
data. Except the HRA's evaluation of properties that it does not purchase, all other negotiation data
becomes public data at the time of the closing of the property sale.
Data pertaining to individuals' income collected for purposes of determining eligibility of property for
classification 4d under Minnesota Statute §§273.128 and 273.13 is private data on Individuals. Such data may
be disclosed to county and local assessors responsible for determining eligibility of property for classification 4d.
Law enforcement access to data may be subject to different regulation. Contact the City Attorneys' office for
assistance in responding to any such requests.
Federal Contracts Data (Private/Non-public) Minnesota Statute §3.35
To the extent that a federal agency requires it as a condition for contracting with a City, all government data
collected and maintained by the City are classified as private or non-public.
City of Otsego
Civil Investigation Data (Confidential/Private) Minnesota Statute §13.39
Data collected as part of an active investigation undertaken to commence or defend pending civil litigation,
or which are retained in anticipation of pending civil litigation, is confidential or non-public, except that a
complain- ant's statement is private.
Contact the City Attorneys' office for assistance in responding to any such requests.
Appraisal Data (Confidential/Protected Non-public/Public) Minnesota Statute §13.44, Subd. 3
Data on estimated or appraised values of real property made by or on behalf of the City for the purpose of
selling or acquiring real property are confidential or protected non-public data. Appraised values of real
property obtained by owners who have received from the City an offer to purchase property are private or non-
public data.
All such data become public data when (1) submitted to a court-appointed condemnation commissioner; (2)
sub- mitted in court during condemnation proceedings; or (3) the parties enter into an agreement for the
purchase and sale of the real property.
Assessor's Data (Private/Non-public) Minnesota Statute §13.51
City Assessor duties are contracted to Wright County which stores all Assessor's data.
Transportation Service Data (Private) Minnesota Statute §13.72
Personal, medical, financial, familial or locational information, except the name, of applicants or users of
transportation services for the disabled or elderly is Private data.
Social Recreational Data (Private) Minnesota Statute §3.548
The name, address, telephone number, any other data that identifies the individual, and any data which
describes the health or medical condition of the individual, family relationships, living arrangements, and
opinions as to the emotional makeup or behavior of individuals enrolling in recreational or social programs are
private data.
Law Enforcement and Investigative Data (Confidential/Protected Non-public/Private)
Minnesota Statute §13.80, 13.82 and various other statutes. Law Enforcement and Investigation for the City is
don't by contract with Wright County which stores all such data. Inquiries regarding such data should be made
to Wright County.
Human Rights Data (Confidential/Private) Minnesota Statute §13.552, 363A
Human rights investigative data are confidential. The name and address of a charging party and
respondent, factual basis of the allegations, and the statute under which the action is brought are private data
on Individuals.
Planning Survey Data (Private/Non-public) Minnesota Statute §13.59
The following data collected in surveys of individuals conducted by the City for the purpose of planning,
development and redevelopment are classified as private or non-public: names and addresses of individuals and
the le- gal descriptions of property owned by the individuals, and the commercial use of the property to the
extent disclosure of the use would identify a particular business.
City of Otsego
Data on Rentals (Private/Non-public) Minnesota Statute § 13.55
The following data relating to convention rentals are classified as private and non-public: Letter or other
documentation from any person who makes inquiry to or who is contacted by the facility regarding the
availability of the facility for staging events, identity of firms and corporations which contact the facility, type of
event which they wish to stage in the facility, suggested terms of rentals, and responses of authority staff to
these inquiries, exhibitor data. All rental data is public information when certain conditions are met.
City Attorney Data (Confidential) Minnesota Statute §13.393
The use, collection, storage, and dissemination of data by the city attorney are governed by statutes, rules, and
professional standards concerning discovery, production of documents, introduction of evidence, and
professional responsibility. Data which is the subject of attorney-client privilege or subject to protection as
attorney work product is confidential.
Business Data (Private/Non-public) Minnesota Statute § 3.591
The following data submitted by a business requesting financial assistance, a license, or other benefit are
private or non-public: financial information about the business, including credit reports, financial statements,
net worth calculations, business plans, income and expense projections, balance sheets, customer lists, income
tax re- turns, and design, market, and feasibility studies not paid for with public funds. This data becomes public
when assistance, a license, or other benefits are granted, except the following, which remain private or non-
public: business plans; income and expense projections not related to the financial assistance provided;
customer lists; income tax returns; and design, market, and feasibility studies not paid for with public funds.
Proposals and Bids (Private/Non-public) Minnesota Statute § 13.591
Proposals submitted in response to a Request for Proposals are private or non-public data until the
responses are opened. Once opened, the name becomes Public, but all other data remain private or non-public
until completion of the selection process. After the process is completed, all remaining data are public with
the exception of trade secret data.
Data submitted by a business in response to a Request for Bids are private or non-public data until the bids are
opened. Once opened, the name of the bidder and the dollar amount specified in the response become
public data. All other data in a bidder's response to a bid are private or non-public data until the completion of
the selection process. After the process is completed, all remaining data are public with the exception of trade
secret data.
In the event that all responses to a Request for Proposals or a Request for Bids are rejected, information that
was private or non-public remains that way until a re -solicitation of bids results in completion of the selection
process or the process is abandoned. If re -solicitation does not occur within one year, the remaining data
become public.
Municipal Obligation Registers (Private/Non-public) Minnesota Statute §475.55
Information with respect to the ownership of municipal obligations is private or non-public.
Hazardous Materials Data (Private/Non-public) Minnesota Statute §145.94
Data relating to exposure to hazardous substances is private or non-public.
Auditing Data (Confidential/Protected Non-public) Minnesota Statute §13.392
Data, notes, and preliminary drafts of audit reports are confidential or protected non-public until the final report
is published.
City of Otsego
Salary/Benefit Survey Data (Non-public) Minn. State. §13.435
Salary and personnel benefit data purchased from consulting firms is non-public.
Social Security Numbers (Private) Minnesota Statute §13.355
Social security numbers collected in whole or in part, are private data on individuals.
Public Employees Retirement Association Data (Private) Minnesota Statute §13.63
The home address, date of birth, direct deposit account number, and tax withholding data of individual
beneficiaries and survivors of members are private data on Individuals.
Electronic Payments, Credit Card and Bank Account Numbers (Private/Non-public)
Minnesota Statute §13.37
Information that would substantially jeopardize the security of information, possessions, or individuals or
property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical
injury is private or non-public.
Drug and Alcohol Test Results (Private) Minnesota Statute §181.954
With respect to public sector employees and job applicants, the results of drug or alcohol tests are private data
on individuals.
Group Auto Self-insurance Claims Data (Private/Non-public) Minnesota Statute § 471.617
Claims data, either as to single claims or total claims of an individual, is private or non-public data, except that
it may be disclosed to authorize personnel of the City in order to administer a health benefit program.
Welfare (Private) Minnesota Statute §13.46
Generally, welfare data (expect summary data) is private data. The welfare data section of the MGDPA, however,
has numerous exceptions and special treatment for particular data types and applications. The City does not
provide welfare services. Contact the County attorney for requests involving welfare data.
Benefit Data (Private) Minnesota Statute §§ 13.462
Data on individuals seeking information about becoming an applicant for or a recipient of benefits or services
pro- vided, or that is or was an applicant or recipient of such benefits or services, under various housing, home
ownership, rehabilitation and community action agency, Head Start, and food assistance programs administered
by government entities, with the exception of names and addresses, is private data.
Safe At Home Participant (Private) Minnesota Statute §13.045
Identity and location data on a program participant that are not otherwise classified by law are private data
on individuals.
Domestic Abuse Data (Confidential) Minnesota Statute §13.80
Law enforcement is done by contract with Wright County; inquiries regarding domestic
data should be directed to Wright County.
Personal Contact and Online Account information (Private) Minnesota Statute §13.356
Data on an individual collected, maintained, or received for notification purposes or as part of a subscription
list for electronic periodic publications as requested by the individual are private data on individuals: (1)
telephone number; (2) e-mail address; and (3) internet user name, password, internet protocol address, and any
other similar data related to the individual's online account or access procedures.
City of Otsego
Data Disclosure Request Form
TO BE COMPLETED BY REQUESTER:
Date:
Description of Data
Note: You will be required to identify yourself and verify your identity if the data you request is classified as private.
TO BE COMPLETED BY DEPARTMENT:
Department Name: Handled By:
Information classified as: (circle)
■ Public
■ Private
■ Nonpublic
■ Confidential
■ Protected Nonpublic
Verification:
For private data, identification must be verified using a driver's license or state ID
Comparison of requester's signature on file or personal knowledge of identity
Attach a copy if applicable.
Action:
APPROVED
APPROVED IN PART (Explain Below)
DENIED (Explain Below)
Basis for denial or partial approval, including statutory section where applicable:
Fees: See Data Practices Policy for appropriate charges.
Total Charges:
Prepayment Required? Yes( ) No( )
Authorized Signature: Date:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2017-21
RESOLUTION APPROVING CITY DATA PRACTICES POLICY
WHEREAS, Minnesota Statutes require that each political subdivision adopt and
have in place a Data Practices Policy to provide guidance for City Staff and the
public regarding access to public data; and
WHEREAS, the City had previously adopted limited portions of a data practices
policy which is contained in the City Personnel Policy; and
WHEREAS, the attached City Data Practices Policy contains additional required
data and information in order to further comply with State requirements; and
WHEREAS, the City Council has reviewed and approved the attached Data
Practices Policy.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Otsego, Wright County, Minnesota as follows;
1. The attached Data Practices Policy is hereby approved and adopted on this
date.
ADOPTED this 13th day of March, 2017 by the City Council of Otsego.
MOTION TO ADOPT the Resolution by Council Member
and seconded by Council Member.
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk