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RESO 25-064 - Approving Updated Data Practices Policies for the City of Golden ValleyRESOLUTION NO. 25-064 RESOLUTION ADOPTING UPDATED DATA PRACTICES POLICIES FOR THE MINNESOTA GOVERNMENT DATA PRACTICES ACT FOR THE CITY OF GOLDEN VALLEY WHEREAS, the City Council of the City of Golden Valley is the official governing body of the City of Golden Valley; and WHEREAS, the Minnesota Statutes §13.025, subds. 2 and 3, require that the City prepare policies related to public access to government data and related to the rights of data subjects and their access to government data; and WHEREAS, on July 16, 2024 the City adopted Resolution No. 24-047 which updated the City's data practices policies and data inventory; and WHEREAS, the Responsible Authority recommends updating the aforementioned policies and inventory to ensure compliance with Minnesota Statutes, Chapter 13; and WHEREAS, the City Council has reviewed Exhibit A and finds that the updated data practices policies and data inventory prepared by City staff comply with these statutory requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that the following are hereby approved: •Data Practices Policy for Members of the Public •Data Practices Policy for Data Subjects •City of Golden Valley Data Inventory This resolution replaces and supersedes Resolution No. 24-047. Adopted by the City Council of Golden Valley, Minnesota on this 15th day of July, 2025. _________________________________ Roslyn Harmon, Mayor ATTEST: _________________________________ Theresa Schyma, City Clerk Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Information Policy Title: Data Practices Policy for Members of the Public Department: Legal Policy Owner (job title): City Clerk Policy ID: LEG 300 Council Approval Date: 07-15-2025 Resolution Number: 25-064 Effective Date: 07-15-2025 ☐New ☒ Updated Policy Overview Policy Description: This policy explains the rights of members of the public to access and request copies of government data under t he Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written data access policy regarding the rights of members of the public. This policy outlines the public’s right to request and inspect public data held by the City, including but not limited to: •General Obligations •How to Make a Data Request •How the City Responds to a Data Request •Requests for Summary Data •Fees •Department Data Designees Definitions: For purposes of this policy, the terms below shall have the following meanings: •Data on Individuals – all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or other identifying data can be clearly demonstrated to be only incidental to the data and the data are not accessed by the name or other identifying data of any individual. •Data Practices Compliance Official – The staff person who receives and responds to questions or concerns about data practices problems, including problems in obtaining access to data the entity keeps. The Deputy City Clerk (Records) is the designated Data Practices Compliance Official for the City of Golden Valley. •Department Data Designee – A staff person that has been officially designated by the Responsible Authority as a “designee” to be in charge of individual files or systems containing government data and to receive and comply with the requests for government data. •Employee time – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. •Government Data – Means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. •Redaction – Separating public data from not public data. Government entities cannot charge for redaction. •Responsible Authority – The individual responsible for the collection, use, and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by state law. The City Clerk is the designated Responsible Authority for the City of Golden Valley. •Search and retrieval time – The amount of time an employee spends searching for and retrieving government data, and for making, certifying, and electronically transmitting copies of the data or the data. •You – A member of the public requesting government data. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 Related Documents, Materials & Resources : •City of Golden Valley’s Online Data Request Portal •Data Practices Policy for Requests for Data About You, and Your Rights as a Data Subject - If you would like private data about you, your minor child, or someone for whom you are the legal guardian •Minnesota Data Practices Act, Minnesota Statutes, Chapter 13 •Minnesota Data Practices Office Data Practices Policy for Members of the Public General Obligations The Data Practices Act requires the City of Golden Valley to keep all government data in a way that makes it easy for members of the public to access public data. The Data Practices Act presumes all government data is public unless a state or federal law says the data is not public. Members of the public (hereafter referred to as “you”) have the right to look at (inspect) public data and to request copies pursuant to the procedures and requirements in this policy and as otherwise limited by state and federal law. How to Make a Data Request You can request to look at data or obtain copies of data the City of Golden Valley keeps by making a request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: •a statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13 •a clear description of the data you would like to inspect or have copied •instructions for delivering the data to you, stating whether you would like to look at the data, receive copies of the data, or both You are not required to identify yourself or explain the reason for your data request. However, the City may need some information about you to respond to your request (for example, if you request emailed copies, the City will need your email address). If you choose not to give us any identifying information, the City will provide you with contact information so you may check on the status of your request. If City staff do not understand your request and have no way to contact you, the City will not be able to process your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. •If the City does not have the data, a staff member will notify you in writing as soon as reasonably possible. •If the City has the data but is not allowed to give it to you, a staff member will notify you as soon as reasonably possible and state which specific law says prohibits its disclosure. •If the City has the data and the data is public, a staff member will respond to your request within a reasonable amount of time by doing one of the following: o Arrange a date, time, and place for you to inspect data, for free, if your request is to look at the data o Provide you with copies of the data as soon as reasonably possible. You may choose to pick up your copies or a staff member will mail, email, or fax them to you. If you want the City to send you the copies, you will need to provide an address, email address, or fax number. The City will provide electronic copies (such CD-ROM) upon request if the data is normally kept in an electronic format. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 If you request paper copies or electronic copies that require more than 30 minutes of staff time to search and retrieve, you will be charged a fee and payment will be required prior to receiving your data. Additional information about costs is below. If you do not understand the data (technical terminology, abbreviations, or acronyms), please tell the staff person who provided the data to you. If you do not inspect or collect copies of the data you requested within five business days of being notified they are available, further responses will be suspended. Work will resume only after you inspect or collect the data. Staff may need additional information in order to fulfill your request. If you are contacted about your request and you do not respond within 10 days, your request may be considered ‘abandoned’ and closed. The Data Practices Act does not require the City to create or collect new data in response to a data request, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, City staff are not required to create electronic documents to respond to your request. If the City agrees to create data in response to your request, staff will work with you on the details of your request, including cost and response time. Under the Data Practices Act, the City is not required to respond to inquiries or questions that are not specific requests for government data. Requests for Summary Data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. The City may prepare summary data in certain circumstances depending on the nature of the data and staff availability and work loads. All requests for summary data must be made in writing and you will be charged for the actual cost of creating summary data in addition to any applicable copy costs. Fees The City of Golden Valley charges members of the public for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. •100 or fewer paper copies If you request 100 or fewer pages of black and white, letter, or legal size paper copies, the charge is 25¢ for a one-sided copy or 50¢ for a two -sided copy. •Most other types of copies The charge for most other types of copies is the actual cost of searching for and retrieving the data and making the copies or electronically sending the data (e.g., sending the data by email). Actual Cost of Making Copies The actual cost of making copies includes employee time, the cost of the materials onto which the data is copied (paper, CD, DVD, etc), and mailing costs (if any). Estimates of employee time are calculated using the lowest-paid employee(s) that would have access to the data and be qualified to search and retrieve the data. However, if, based on your request, it is necessary for a higher-paid employee to search for and retrieve the data, the City will calculate search and retrieval charges at the higher salary/wage. If it is determined that the data responsive to your request will exceed 100 pages, we will provide you with an estimate of the total cost prior to fulfilling your request. The actual fees charged may differ from the estimate. The City strives to Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 provide estimates that are as accurate as possible but cannot guarantee the final cost of the request until search and retrieval of the data is complete. You will only be charged the actual cost of fulfilling your request. In an effort to ensure access to public data, there will be no search and retrieval charge for requests that require less than 30 minutes of staff time. Serial requests will be consolidated and considered as one request when calculating fees. If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Department Data Designee s The Responsible Authority, in consultation with the department heads, will appoint one or more data designees for each City department. The department designees will be responsible for: •Maintaining departmental files and systems containing government data; •Ensuring compliance with the Data Practices Act; •Processing data requests; and •Answering inquiries from the public concerning departmental data. A list of the City’s department data designees will be kept on file with the Responsible Authority and posted on the City website. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 O FFICIAL C ITY P OLICY C ITY OF G OLDEN V ALLEY General Information Policy Title: Data Practices Policy for Data Subjects Department: Legal Policy Owner (job title): City Clerk Policy ID: LEG 301 Council Approval Date: 07-15-2025 Resolution Number: 25-064 Effective Date: 07-15-2025 ☐New ☒ Updated Policy Overview Policy Description: This policy explains the rights of data subjects to access and request copies of government data under the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (the “Data Practices Act”). Purpose & Scope: The Data Practices Act requires the City to prepare a written policy of the rights of data subjects under the Act and the specific procedures used by the City for access by a data subject to public or private data on individuals. This policy explains the rights of data subjects and tells individuals how to request data about themselves, their minor child, or someone for whom they are the legal guardian. This policy includes information on the following topics: •General Obligations •Classification of Data about You •Your Rights Under the Data Practices Act •How to Make a Request for Your Data •How the City Responds to a Data Request •Fees for Data Subjects •Standards for Verifying Identity Definitions: For purposes of this policy, the terms below shall have the following meanings: •Data on Individuals – Data in which any individual is or can be identified as the subject of that data. Individuals are natural persons, and include parents and guardians for minors or incapacitated persons. •Employee time – Full labor costs of wages and benefits of the lowest-paid employee(s) that would have access to the data. •Government Data – Means all data collected, created, received, maintained or disseminated by any government entity regardless of its physical form, storage media or conditions of use. •Redaction – Separating public data from not public data. Government entities cannot charge for redaction. •Search and retrieval time – The amount of time an employee spends searching for and retrieving government data, and for making, certifying, and electronically transmitting copies of the data or the data. •Subject of Data – An individual is the subject of data when the individual can be identified from the data. •You – A member of the public requesting government data. Related Documents, Materials & Resources : •City of Golden Valley’s Online Data Request Portal •Data Practices Policy for Members of the Public •Minnesota Data Practices Act, Minnesota Statutes, Chapter 13 •Minnesota Data Practices Office Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 Policy General Obligations The Data Practices Act says data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. Under the Data Practices Act, the City must keep all government data on individuals in a way that makes it easy for data subjects to access data about themselves. The City can collect and keep only those data about individuals needed for administering and managing programs that are permitted by law. Classification of Data about You The Data Practices Act presumes all government data are public unless a state or federal law says the data are not public. Data about you are classified by state law as follows: •Your Public Data: Some data about you is classified under the Government Data Practices Act as public data. For example, your name on an application for a license from the City is public data. The Government Data Practices Act presumes all government data are public unless a state or federal law says the data are not public. The City must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. •Your Private Data: Some data about you is classified as private data. For example, an employee’s Social Security number is private data. The City cannot give private data to the public. The City can share your private data with you, with someone who has your permission, with government entity staff whose job requires or permits them to see the data, and with others as permitted by law or court order. •Your Confidential Data: Some data about you is classified as confidential data. For example, your identity as mandated reporter of child abuse or neglect is confidential data. Confidential data have the most protection. Neither the public nor you can access confidential data, even when the confidential data are about you. The City can share confidential data about you with government entity staff who have a work assignment to see the data, and with others as permitted by law or court order. Your Rights Under the Data Practices Act Access to Your Data You have the right to look at (inspect), free of charge, public and private data the City keeps about you. You also have the right to get copies of public and private data about you. The Data Practices Act sets the amount the City may charge for copies. You have the right to look at data, free of charge, before deciding to request copies. If you ask, City staff will tell you whether the City keeps data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under age 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask the City not to give data about them to their parent or guardian. If you are a minor, the City will tell you that you have this right. The City may ask you to put your request in writing and to include the reasons the City should deny your parents access to the data. The City will make the final decision about your request based on the factors listed in Minnesota Administrative Rule 12 05.0500, subpart 3(B). Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When the City Collects Data From You When the City asks you to provide data about yourself that are not public, the City must give you a notice. The notice is sometimes called a Data Practices or Tennessen Warning. The notice controls what the City does with the data it collects from you. Usually, the City can use and release the data only in the ways described in the notice. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 The City will ask for your written permission if it needs to use or release private data about you in a different way, or if you ask the City to release the data to another person. This permission is called informed consent. If you want the to release data to another person, you may use the consent form provided by City staff. Protecting Your Data The Data Practices Act requires the City to protect your data. The City has established appropriate safeguards to ensure your data are safe. When Your Data are Inaccurate or Incomplete You have the right to challenge the accuracy and completeness of public and private data about you. You also have the right to appeal the City’s decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to Make a Request for Your Data You may request to look at (inspect) data or obtain copies of data we keep about you, your minor children, or an individual for whom you have been appointed legal guardian. You must make this request in writing. You can request data by making a data request on the City of Golden Valley’s Online Data Request Portal. You may also choose not use to use the online data request portal. If you chose not to use the online portal, your emailed, mailed, or faxed request should include: •a statement that you are making a request for public data under the Government Data Practices Act, Minnesota Statutes, Chapter 13 •a clear description of the data you would like to inspect or have copied •instructions for delivering the data to you, stating whether you would like to look at the data, receive copies of the data, or both •identifying information that proves you are the data subject, or data subject’s parent/guardian The City of Golden Valley may require proof of your identity before staff can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity included in this policy. If you do not provide proof that you are the data subject, the City cannot respond to your request. How the City Responds to a Data Request Upon receiving your request, the City will process it as follows. •If it is not clear what data you are requesting, City staff will ask you for clarification. •If the City does not have the data, staff will notify you in writing within 10 business days. •If the City has the data but the data are confidential or private data that are not about you, staff will notify you within 10 business days and state which specific law says you cannot access the data. •If the City has the data and the data are public or private data about you, staff will respond to your request within 10 business days by doing one of the following: o arrange a date, time, and place to inspect data, for free, if your request is to look at the data o provide you with copies of the data within 10 business days. You may choose to pick up your copies, or staff will mail, email or fax them to you. The City will provide electronic copies (such as CD-ROM) upon request if the data is normally kept in an electronic format. After the City has provided you access to data about you, the City does not have to show you the data again for six months unless there is a dispute or the City collects or creates new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let City staff know. The City will give you an explanation if you ask. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 If you do not inspect or collect copies of the data you requested within five business days of being notified they are available, further responses will be suspended. Work will resume only after you inspect or collect the data. Staff may need additional information in order to fulfill your request. If you are contacted about your request and you do not respond within 10 days, your request may be considered ‘abandoned’ and closed. The Data Practices Act does not require the City to create or collect new data in response to a data request if the City does not already have the data, or to provide data in a specific form or arrangement if the data is not kept in that form or arrangement. For example, if the data you request are on paper only, the City is not required to create electronic documents to respond to your request. If the City agrees to create data in response to your request, staff will work with you on the details of your request, including cost and response time. In addition, we are not required under the Data Practices Act to respond to questions that are not specific requests for data. Fees for Data Subjects The City of Golden Valley may charge you the actual cost for copies of government data about you. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. All charges must be paid in full before the data is released. The charges below may vary when a charge is set by statute or rule. Actual Cost of Making Copies In determining the actual cost of making copies, the City includes the actual cost for an employee to make and transmit paper copies or copies of electronically stored data, as well as the actual cost of materials. The City does not include charges for redaction or for searching for and retrieving data. Employee time is calculated using the lowest-paid employee(s) that would have access to the data. Prior to processing your request, the City will provide you with an estimation of the total cost. However, the actual fees charged may differ. The City strives to provide estimates that are as accurate as possible but cannot guarantee the final cost of the request until the request is complete. You will only be charged the actual cost of fulfilling your request. If your request is for copies of data City staff cannot copy in-house, such as photographs, the City will charge you the actual cost the City must pay an outside vendor for the copies. Standards for Verifying Identity The following constitute proof of identity. An adult individual must provide a valid photo ID, such as a: •state driver's license •military ID •passport •Minnesota ID •Minnesota tribal ID A minor individual must provide a valid photo ID, such as a: •state driver's license •military ID •passport •Minnesota ID •Minnesota tribal ID Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 •Minnesota school ID The parent or guardian of a minor must provide a valid photo ID and either a: •certified copy of the minor's birth certificate or •certified copy of documents that establish the parent or guardian's relationship to the child, such as: o a court order relating to divorce, separation, custody, foster care o a foster care contract o an affidavit of parentage The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as: •court order(s) •valid power of attorney Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the required documents or an affidavit of ID. Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 C ITY OF G OLDEN V ALLEY D ATA I NVENTORY PURSUANT TO M INN . S TAT . § 13.025, SUBD. 1 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Appointment Files Appointments to various Council Boards, Commissions, or Committees Public/Private Minn. Stat. § § 13.43, 13.601 Certain employees on an as-needed basis as part of specific work assignments Attorney Opinions Official opinions of City attorney Public/Private Minn. Stat. § § 13.393, 13.39 Certain employees on an as-needed basis as part of specific work assignments Audit Reports External Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Audit Reports Internal Based on private companies for review of tax payments, or based on internal operations Non-Public Minn. Stat. § 13.392 Certain employees on an as-needed basis as part of specific work assignments Automatic Payment Plan Authorization Form With supporting documentation Public/Private Minn. Stat. § § 13.37 Certain employees on an as-needed basis as part of specific work assignments Bids and Proposals Responses to requests for bids and proposals Public/Private Minn. Stat. § 13.591 Certain employees on an as-needed basis as part of specific work assignments Building Plans Commercial, industrial, residential Public/Private Non-Public Minn. Stat. § § 13.37, subd. (1)(b), 541.051 Certain employees on an as-needed basis as part of specific work assignments Checks (Accounts Receivable) Received from customers Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Civil Litigation Files Judgments, settlements, releases, correspondence Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments Community Development Block Grant Applications Annual breakdown of applications and supporting materials Public/Private Minn. Stat. § 13.462 Certain employees on an as-needed basis as part of specific work assignments Credit Card Receipts Merchant copies Public/Private Minn. Stat. § 16A.626 Certain employees on an as-needed basis as part of specific work assignments Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Criminal Litigation Files Documents litigation involving the City Public/Private Confidential Protected Non-Public Minn. Stat. § § 13.393, 13.82 Certain employees on an as-needed basis as part of specific work assignments Complaints By citizens about the use of real property Public/Private Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Absentee Ballot Application Absentee ballot application Public/Private Minn. Stat. § 203B.12 Certain employees on an as-needed basis as part of specific work assignments Ballots Voted or rejected Public/Private Minn. Stat. § 13.37 City Clerk on an as- needed basis Checks Received from customers submitted electronically Public/Private Minn. Stat. § 13.37 Certain employees on an as-needed basis as part of specific work assignments Insurance Claims Filed by or against the City Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments Fee Waiver Forms For low income participates in Parks & Recreation programs Private Minn. Stat. § 13.462 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Mailing Lists For program participants Private Minn. Stat. § 13.548 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Photographs Photos retained in accordance with item related to in General Records Retention Schedule Public/Private Minn. Stat. § 13.82 Certain employees on an as-needed basis as part of specific work assignments Property Acquisition Deeds, contracts, correspondence, purchase valuation data, agreements Public Confidential Protected Non-Public Minn. Stat. § § 13.44, 13.585 Certain employees on an as-needed basis as part of specific work assignments Property Files Files involving land acquisitions, condemnations, land sales, lawsuits, etc Public/Private Confidential Protected Non-Public Minn. Stat. § 13.39 Certain employees on an as-needed basis as part of specific work assignments Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87 Name of Record, File, Or Data Type Description Data Classification Citation For Classification Employee Work Access Real Property Appraisals Public/ Confidential Minn. Stat. § 13.44 Certain employees on an as-needed basis as part of specific work assignments Registration Forms For Parks & Recreation program participants Public/Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Rosters For Parks & Recreation program participants Private Minn. Stat. § 13.57 Certain Parks & Recreation employees on an as-needed basis as part of specific work assignments Social Security Numbers Collected or maintained on individuals Private Minn. Stat. § 13.355 Certain employees on an as-needed basis as part of specific work assignments Response to Data Requests Data collected in responding to requests for data maintained by City of Golden Valley Public/Private Various Responsible Authority Data Practices Compliance Official 1099 Miscellaneous Income 1099 Miscellaneous Income Public/Private Minn. Stat. § 13.43 Certain employees on an as-needed basis as part of specific work assignments Docusign Envelope ID: 0F29DD2D-AB0A-4D94-AB1E-6C866E72AE87