MGDPA iPad to Share or Not to Share Data Issues for City Clerks

8/13/2019 MGDPA iPad to Share or Not to Share Data Issues for City Clerks

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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
http://www.ipad.state.mn.us/docs/consentmain.htmlhttp://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

[email protected]

MGDPA iPad to Share or Not to Share Data Issues for City Clerks

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