January 28, 2005; School District 15 (St. Francis)
1/28/2005 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:On December 30, 2004, IPAD received a letter from William Gardner, in which he asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data from Independent School District 15, St. Francis. In response to Mr. Gardner's request, IPAD, on behalf of the Commissioner, wrote to Edward C. Saxton, Superintendent of the District. The purposes of this letter, dated January 3, 2005, were to inform him of Mr. Gardner's request and to ask him to provide information or support for the District's position. On January 12, 2005, IPAD received a response from Paul C. Ratwick, attorney for the District. A summary of the facts follows. Mr. Gardner asked the District for access to data that document the District's appointment of its responsible authority. The District responded by providing Mr. Gardner with a copy of the minutes from its June 8, 1998, School Board meeting, and a copy of School Board Policy 510, which the Board adopted at that meeting. That Policy states that the District has designated the Director of Human Resources and Services as the authority responsible for personnel data. In his comments to the Commissioner, Mr. Ratwick stated the following: The District has determined that naming the Director of Human Resources and Services as its Responsible Authority for personnel and employment data does not satisfy the MGDPA's requirement that a specific individual be appointed. On December 13, 2004, the School Board adopted a resolution (copy attached) adopting School Board Policy 415, specifically designating Mr. Jay J. Reker as its the [sic] Responsible Authority for student data. On January 10, 2005, the School Board adopted a resolution naming a specific individual, Mr. Jay J. Reker, as its Responsible Authority for all purposes and with regard to all governmental data. Issue:In his request for an opinion, Mr. Gardner asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.02, subdivision 16, the responsible authority in a school district is the individual designated by the governing body of that district who is 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. Pursuant to Minnesota Rules, part 1205.0200, subpart 14, (C), the the school board shall appoint an individual who is an employee of the school district. Mr. Ratwick acknowledged that the School Board erred when it adopted the provision of School Board Policy 510 that named the Director of Human Resources and Services as its Responsible Authority for personnel and employment data, because it did not satisfy the requirement under statute and rule that a specific individual be appointed. The Board has since properly appointed an individual as responsible authority for the District. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Garnder raised is as follows:
Signed:
Dana B. Badgerow
Dated: January 28, 2005 |
Responsible authority
Name, title, and address
