September 18, 2001; City of Duluth
9/18/2001 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, with the exception of any data that are not public, are available for public access. On July 30, 2001, IPA received a letter from Sally L. Tarnowski, on behalf of the Duluth News Tribune. In this letter, Ms. Tarnowski asked the Commissioner to issue an advisory opinion regarding her client's right to gain access to certain data maintained by the City of Duluth. In response to Ms. Tarnowski's request, IPA, on behalf of the Commissioner, wrote to Jeffrey Cox, City Clerk. The purposes of this letter, dated August 7, 2001, were to inform him of Ms. Tarnowski's request and to ask him to provide information or support for the City's position. On August 13, 2001, IPA received a response from Bryan F. Brown, City Attorney for Duluth. A summary of the facts of this matter follows. In letters dated May 25, 2001, the Duluth News Tribune requested access to data related to the City's I amp; I Reduction Project Fund, the purpose of which, according to Ms. Tarnowski, is to assist homeowners in making alterations, repairs or improvements so that the City is in compliance with sanitary sewer inflow and infiltration standards. . . . The homeowner has the work done by an independent contractor and then the City issues a check made payable to the homeowner and the contractor jointly in the amount of the contractor's bill. Ms. Tarnowski stated that the City maintains the data, but refused to provide access to some of the data the Tribune requested, on the basis of Minnesota Statutes, section 13.462. In his response to the Commissioner, Mr. Brown stated: The city has been conducting a program to limit infiltration of storm water into the sanitary sewer system. . . . One part of the program is to enlist homeowners to disconnect foundation footing drains and then drain the foundations with a sump pump system. The City has either paid the contractors to perform the conversion or reimbursed homeowners. We consider this a housing rehab program similar to fuel assistance or weatherization programs. Therefore, some of the data is benefit data under M.S.A. section13.462. Issue:In her request for an opinion, Ms. Tarnowski asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.03, subdivision 1, all government data are public unless otherwise classified under state or federal law. Section 13.462, subdivision 1, provides: As used in this section, 'benefit data' means data on individuals collected or created because an individual seeks information about becoming, is, or was an applicant for or a recipient of benefits or services provided under various housing, home ownership, rehabilitation and community action agency, Head Start, and food assistance programs administered by state agencies, political subdivisions, or statewide systems. Benefit data does not include welfare data which shall be administered in accordance with section 13.46. Pursuant to subdivisions 2 and 3, other than certain data about individuals who apply for and receive assistance to purchase housing or other real property, all benefit data are private data on individuals. Ms. Tarnowski and Mr. Brown disagree as to the applicability of section 13.462 to the data in question. According to Ms. Tarnowski, the I I project fund is not a housing program, a home ownership program, a rehabilitation or community action program, a Head Start program or a food assistance program. This project is not intended to necessarily benefit the individual so much as it is intended to benefit the City by keeping sewer water out of the storm water system. Ms. Tarnowski further asserted: However, the qualifications for receiving funding are simply that a particular home is putting sewer water into the storm water system and, eventually, Lake Superior, during times of significant rainfall. This is not a situation where an applicant only qualifies for the funding based upon his or her income, race, or other personal characteristic. This funding may go to the owner of a $30,000 home as well as to an owner of a $230,000 home. This is not the type of benefit contemplated by the statute. The Commissioner agrees with Ms. Tarnowski. From the information provided, it appears that the I amp; I project benefits the City as a whole, rather than individual homeowners. The City receives the benefit of cleaner water in its sewer system. There is nothing in the record that indicates that property owners receive any individual benefit. Section 13.462 classifies data about individual recipients of benefits, and therefore does not apply to the data in question. Accordingly, those data are presumptively public pursuant to section 13.03, subdivision 1. Opinion:Based on the facts and information provided, my opinion on the issues raised by Ms. Tarnowksi is as follows:
Signed: David F. Fisher
Dated: September 18, 2001 |
Response to data requests
Benefit data
