September 19, 2003; School District 832 (Mahtomedi)
9/19/2003 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 August 11, 2003, IPAD received a letter from John Wachlarowicz. In his letter, Mr. Wachlarowicz asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data maintained by Independent School District 832, Mahtomedi. Mr. Wachlarowicz's request required clarification with IPAD staff. In response to Mr. Wachlarowicz's request, IPAD, on behalf of the Commissioner, wrote to Mark Wolak, Superintendent of the District. The purposes of this letter, dated August 20, 2003, were to inform him of Mr. Wachlarowicz's request and to ask him to provide information or support for the District's position. On September 8, 2003, IPAD received a response from Karen Kepple, attorney for the District. A summary of the facts of this matter follows. In a letter dated July 30, 2003, Mr. Wachlarowicz wrote to Dr. Wolak and requested access to the following data: Appointment Order of Responsible Authority Designees for Mahtomedi ISD # 832 [and] data which would document the instruction of the Responsible Authority and Designees, distribution to designees of written materials, attendance of designees at any MGDPA training programs held within or outside of Mahtomedi ISD # 832. In a letter dated August 6, 2003, Dr. Wolak responded: [t]here are no available written materials to provide you regarding designees, instructional materials, or attendance at training programs. In her response to the Commissioner, Ms. Kepple wrote: Dr. Wolak's response [to Mr. Wachlarowicz] was accurate insofar as there is no written order of appointment from the school board. However, Dr. Wolak can and will provide to Mr. Wachlarowicz the following information as an additional response to his data request: 1. Agendas from meetings of the superintendent and principals in which principals were verbally informed that they would be designees for purposes of responding to data practices requests as those requests pertained to their respective school sites; and 2. Copies of training materials attended by Mahtomedi High School Principal Kevin Mackin. The agendas comprise written evidence of appointment of the principals as the superintendent's designees under the Data Practices Act. Since Mr. Wachlarowicz' request related to his challenge to Mr. Mackin's authority to respond to a data request, Mr. Mackin's training materials are enclosed. Issue:In his request for an opinion, Mr. Wachlarowicz asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.02, subdivision 6, 'designee' means any person designated by a responsible authority to be in charge of individual files or systems containing government data and to receive and comply with requests for government data. Pursuant to Minnesota Rules, part 1205.1100, subpart 1, the responsible authority has authority to appoint designees, who shall be members of the staff of the entity. Pursuant to subpart 2, [t]he appointment order shall be in writing and copies of the order constitute public data on individuals . . . . Minnesota Rules, part 1205.1100, subpart 3, provides:
The responsible authority shall instruct any designees in the requirement of [Minnesota Statutes, Chapter 13] and of this chapter. If the responsible authority deems it necessary, such instruction shall include:
Mr. Wachlarowicz asked for the written appointment orders for designees, and evidence that they have received instruction, as required under Minnesota Rules part 1205.1100. He also asked for data that document that the responsible authority for the District has received data practices training. The District did not provide copies of written appointment orders, because there are none. Ms. Kepple provided the Commissioner with copies of agendas from meetings of the superintendent and principals in which principals were verbally informed that they would be designees. She stated that the school board agendas she provided the Commissioner comprise written evidence of appointment of the principals as the superintendent's designees. After receiving notice that Mr. Wachlarowicz requested this opinion, the District stated that it would provide Mr. Wachlarowicz with copies of the aforementioned agendas and copies of training materials attended by Mr. Mackin. The Commissioner has the following comments. First, under the Rules, the responsible authority has the authority to appoint designees, and appointment orders for designees must be in writing. The Rules require government entities to issue written appointment orders so that individuals know to whom they should direct data requests. In order to be in compliance, the District, i.e., either the school board or the responsible authority, should take official action on the creation of appointment orders and do so promptly. Furthermore, Mr. Wachlarowicz asked for data that document that the responsible authority and all of his designees have received data practices instruction or training. The District told him there were no written materials regarding data practices instruction or training, but in her response to the Commissioner, Ms. Kepple stated that the District would be providing Mr. Wachlarowicz with copies of Mr. Mackin's training materials. It may be the case that Mr. Wachlarowicz would be satisfied just with evidence of the training Mr. Mackin has received, but the District should not make that assumption. Opinion:Based on the facts and information provided, my opinion on the issue raised by Mr. Wachlarowicz is as follows:
Signed:
Brian J. Lamb
Dated: September 19, 2003 |
Responsible authority
Designee appointed by Responsible Authority
Training required
