Governing policy: Records Management Policy

Department: Office of City Clerk

Effective: March 2, 2004, Council Action 2004A-1065

Procedure

Background

The Minnesota Government Data Practices Act (MGDPA) gives members of the public, the right to see and have copies of public data that the City keeps. The law also controls how the City keeps government data and what the City tells the public when they ask to see the data the City has.

Policy

The law says that all the data the City has is public (can be seen by anybody) unless there is a state or federal law that classifies the data as not public.

• Chapter 13 of the Minnesota Statutes, also known as the Minnesota Government Data Practices Act (MGDPA), is the primary resource the City uses in determining the public/not public 11ature of data.
• Unless there is a specific citation from the Data Practices Act or elsewhere in state or federal law, the City presumes that the data is public.
• The requestor has the right to look at all public data the City keeps.

Procedures

Contact the City of Minneapolis

1. Directly contact the department that maintains the requested data. City staff from every department have been designated by the Responsible Authority to respond to data practices requests. Contact that department directly to ensure the most prompt response.
2. Request public data online - In case of any difficulties obtaining data, contact the Responsible Authority who bears ultimate responsibility under the MGDPA.
3. The requestor may ask for and receive public information over the telephone, in person, through the mail, via fax or email.    While the City receives requests in a variety of ways, the City may ask for the request in writing.
4. Requests may be made during our normal working hours, 8:00am to 4:30pm.

Information to include in the request

1. State that the request is a data request under the Minnesota Government Data Practices Act (MGDPA).
2. Describe clearly what information is requested.
3. If the request is unclear, the City may ask for clarification, but the requestor is not required to say who they are or explain why the data is being requested.

Response from the City

1. The City will respond as soon as possible about whether the data is available.
2. if the City does not have the data, the City will inform the requestor right away if possible. The City does not have to collect or create data in order to respond to a request.
3. If the data is available, the City will let the requestor see or have copies of the data right away if possible.
4. If the City needs more time to identify, find or copy the requested data, they will notify the requestor about when the data will be available.            .
5. lf the City has the data that is asked for but does not keep the data in the form the requester wants, the City may not be able to give the data in that form. If the City is unable put the data in the form requested, the requestor may have the data in the City's format and convert it to the form requested. If the City can put the data in the form requested, they will let the requestor know how long it will take to provide the data and how much it will cost. The requestor can then decide if the City should provide the data in that form or not.
6. If the information requested is not public data, the City will inform the requestor when the request is made or will notify the requestor as soon as possible.  The City will also tell the requestor which specific law makes the information not public. If the requestor asks, the City will put this in writing.

lnspection of public data

1. The requestor has the right to look at public data at no cost. The City, where possible, will let the requestor look at computerized data on a computer screen, or print a copy, so that the data can be inspected at no charge.
2. If the City keeps the data in electronic format, the requestor may inspect public data on his/her own computer, and may print or download the data using his/her own computer, at no cost.
3. The City cannot charge a fee for separating public data from data that are not public.
4. The requestor has the right to have public data explained in a way that is understandable to the requestor. If the requestor has any questions about the meaning of public data that the City keeps, the requestor should contact the department that maintains that data or the City's Responsible Authority and ask for an explanation.

Copying of public data

1. If the requestor has the right to have a copy of any data that they have a right to see. This includes the right to have copies of all or parts of specific documents, files, records or other types of data that the City keeps. If the requestor asks for the copies in electronic form, and the City keeps the data in electronic form, the City will give the requestor the data in electronic form if possible.
2. ln the request, state that the request is for copies of data under the MGDPA. Tell the City as clearly as possible what types of data or information are to be copied. If the City has any question about the copies that are requested, they will ask the requestor. The requestor is not required to say who they are or explain why the data is being requested but the City may ask for purposes of clarification to better 'respond to the request.
3. The City will provide the copies requested as soon as reasonably possible, depending on how many copies are requested and how many staff are available to respond to the request.
4. The City has the right to charge a reasonable fee for providing copies. The City may charge a fee for making copies of the requested data. If the requestor asks the City to mail or fax the copies, the fee may include postage or long-distance phone charges. If a certified copy of a document is requested, the City will charge a fee to certify the document.
5. If the copies of data have commercial value, the City will charge a fee in addition to the fee for the copies.
6. The City may require a portion or full payment in advance.
7. The City's basic fees for providing copies are detailed in the City of Minneapolis Data Charges document. Additionally, departments may have developed copying fees for data that are unique to their areas.

Summary data

1. Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The City will prepare summary data if the requestor makes a request in writing to the department maintaining that data or the City's Responsible Authority and pays the City what it costs to prepare the data.
2. The City may require prepayment. When the City receives the request, they will contact the requester to make detailed arrangements to prepare the summary data.
3. The City will let the requester or someone else prepare the summary data if:
• the requestor explains in writing why they want to prepare the data;
• if the requestor agrees not to release any of the private or confidential data used to prepare the summary data; and
• if the City determines that giving the requestor access to private and confidential data will not compromise those data.