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To Share or Not to Share: Data PracticesIssues for City Clerks
LMC Clerks Orientation Conference
June 19, 2013
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Who We Are and What We Do
Information Policy Analysis Division (IPAD)
Informal advice
Commissioner of Administration advisoryopinions
Website and information materials
Listserv and newsletters
Legislative assistanceTraining and workshops
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What well cover today
Overview of Minnesotas
Government Data Practices Act
Overview of governmentpersonnel data
Hot topics and legislation
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GOVERNMENT DATA PRACTICES
Minnesota Statutes, Chapter 13
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Government Data Practices Act
Minnesota Statutes, Chapter 13
Provides rights for the public and data subjects
Presumes government data are public Classifies data that are not public
Requires that data on individuals are accurate,
complete, current, and secure
Provides penalties for violations
Minnesota Rules, Chapter 1205
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Other Data Practices Related Laws
The Official Records Act (Minn. Stat. 15.17)
The Records Management Statute (Minn.
Stat. 138.17)
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Official Records ActCreate and Maintain Data
Government Data Practices ActAdminister Data
Records ManagementDestroy Data
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What are government data?
Government data are all data collected,
created, received, maintained or
disseminated by any government entityregardless of its physical form, storage
media or conditions of use.
(Minn. Stat. 13.02, subd. 7)
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Application
The Data Practices Act applies to: State agencies
Statewide systems (e.g., University of Minnesota, MnSCU)
Political subdivisions Counties, cities, school districts, certain metro townships, any
board, commission, district or authority created by law
The Data Practices Act does not apply to: Certain townships
Non-governmental entities (e.g., condo associations)
The Legislature
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Classification of Government Data
Classification Meaning of Classification Examples
Public Available to anyone for any reason-- Employee name
-- Meeting minutes
Private/Nonpublic
Available to:
Data subject
Those in the entity whose workrequires access
Entities authorized by law
Those authorized by data subject
-- Social security number
Confidential/
Protected nonpublic
Available to:
Those in the entity whose work
requires access
Entities authorized by law
Not available to data subject
-- Active investigative data
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Response Times
Member of the
Public
(13.03, subd. 3)
Data Subject
(13.04, subd. 3)
Inspection or
copies of Data
Appropriate and
prompt, reasonable
amount of time
Immediately, if possible,
or within 10 business
days
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Do You Have to Pay a Fee to Get
Access to Government Data?
Member of the Public13.03, subd. 3(a); subd. 3(c)
Data Subject13.04, subd. 3
Inspection No charge or fee allowed No charge or fee allowed
Copies 25 per page
100 or fewer, black andwhite, legal/letter size
paper copies
Actual cost
-- All other copies
-- No charge to separate
public from not public data
-- Note: electronic data
Actual cost
-- No charge to searchfor and retrieve data
-- No charge to
separate public from
not public data
-- No charge to redactprivate or confidential
data about others
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Policies & Procedures
Government entities must have policiesData inventory
o Minn. Stat. 13.025, subd. 1
Responding to public data requestso Minn. Stat. 13.025, subd. 2
Data subject rights and responding to datasubject requestso Minn. Stat. 13.025, subd. 3
Sample policies:www.ipad.state.mn.us/docs/accesspol.html
http://www.ipad.state.mn.us/docs/accesspol.htmlhttp://www.ipad.state.mn.us/docs/accesspol.htmlhttp://www.ipad.state.mn.us/docs/accesspol.html -
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Staff with Data Practices Duties
Responsible authority (RA)
Designee
Data practices compliance official (DPCO)
Other staff with data practices
responsibilities
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Requests for Data
Members of the public and data subjects
can request datato inspect or get copies
Require written requests? Process for accepting requests
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Some Additional Obligations
Policy/practice on staff access to not public
data
Policy/practice on notice to minors aboutreleasing private data to parent or guardian
Tennessen warning notices
Using legally-valid informed consents Samples:
www.ipad.state.mn.us/docs/consentmain.html
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Penalties & Remedies
Remedies (Minn. Stat. 13.08)
Action to compel compliance
Action for damages, costs, and attorneys fees
New administrative Remedy (Minn. Stat. 13.085) Administrative hearing within 2 years of alleged violation
Action to compel compliance
Penalties (Minn. Stat. 13.09)
Willful violation = misdemeanor Dismissal or suspension
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GOVERNMENT PERSONNEL DATA
Minnesota Statutes, section 13.43
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Personnel DataDefined
Government data on individualsmaintained because an individual is orwas an employee of a government entity,applicant for employment, volunteer, orindependent contractor
Reverses general public presumption
All personnel data are private exceptspecified public data
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Personnel DataPublic
Name; employee ID; actual gross salary; salary range; terms and
conditions of employment relationship; contract fees; actual gross
pension; the value and nature of employer paid fringe benefits; and the
basis for and the amount of any added remuneration, including expense
reimbursement
Job title and bargaining unit; job description; education and training
background; and previous work experience
Date of first and last employment
Existence and status of any complaints or charges against the
employee, regardless of whether the complaint or charge resulted in adisciplinary action
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Personnel DataPublic, cont.
Final disposition of any disciplinary action together with the specific
reasons for the action and data documenting the basisof the action
Complete terms of any agreement settling any dispute arising out of an
employment relationship, including a buyout agreement; except that
the agreement must include specific reasons for the agreement if itinvolves the payment of more than $10,000 of public money
Work location; a work telephone number; badge number; work-related
continuing education; and 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 theextent that release of time sheet data would reveal the employee's
reasons for the use of sick or other medical leave or other not public
data
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Elected Officials
Are elected officials employees covered by
the personnel data section?
Entity determination
If not employees, data are presumptively public
Note: Minn. Stat. 13.601
Unpublished MN Court of Appeals
Krout v. City of Greenfield, A11-1200, April 16, 2012 Confirms guidance in advisory opinions that entity
should decide whether elected officials are employees
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Disciplinary Data
While entity is investigating, existence and
status of a complaint or charge about an
employee is public All other related data are private during
the investigation
Reminderdata are not confidential
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Disciplinary Data, cont.
If no discipline following an investigation
No additional data become public, all related
data remain private If there is discipline and final disposition
Specific reasons for the disciplinary action
and data that document the action are public
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Final Disposition
Government entity makes its final decision aboutdiscipline regardless of later proceedings
Final disposition includes resignation if after finaldecision
Final disposition in collective bargaining agreementsConclusion of arbitration proceedings, or
Failure of employee to elect arbitration
Disciplinary action is not public if:Arbitrator sustains grievance, and
Reverses all aspects of discipline
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Public OfficialsLocal Govt
Political subdivisions
Chief administrative officer
Three highest-paid employees in city or county with
population over 15,000Managers, chiefs, heads, or directors in cities over
7,500 and counties over 5,000
School districts
Business managers, HR directors, ADs (50% of time inadministration, etc.), chief financial officers,directors, superintendents, and principals
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Hot Topics and Legislation
Technology Social media
Email issues
Databases Legislation
Data practices omnibus bill (2013Session Law, Ch. 82)
Personal email/phone/account
information Public officials
Data breaches
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QUESTIONS?
www.ipad.state.mn.us
651.296.6733