May 16, 2007; Ramsey County Sheriff
5/16/2007 10:15:43 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 April 5, 2007, IPAD received a letter dated April 3, 2007, from X. In X's letter, X asked the Commissioner to issue an advisory opinion regarding his/her right to gain access to certain data from the Ramsey County Sheriff's Office. IPAD, on behalf of the Commissioner, wrote to Bob Fletcher, Ramsey County Sheriff, in response to X's request. The purposes of this letter, dated April 11, 2007, were to inform him of X's request and to ask him to provide information or support for the Office's position. The Commissioner did not receive a response. A summary of the facts as provided by X is as follows. In a letter dated February 15, 2007, X wrote to Sheriff Fletcher and asked for copies of certain data that appear to be related to a criminal investigation and copies of certain data related to the Ramsey County jail. In a letter dated March 8, 2007, X wrote again to Sheriff Fletcher and asked for the data s/he requested in the February 15, 2007, letter. In the opinion request, X wrote: On February 15, 2007 I submitted a letter requesting access to data about myself under [Chapter 13] to Bob Fletcher assuming that he is the responsible authority for the Ramsey County Sheriff's Department. I requested from him data about myself that was obtained by . . . a Deputy with the Ramsey County Sheriff's Department. With no response from him I submitted a second request on March 8, 2007, today's date is April 3, 2007 and I have not receive [sic] a response from him. . . . On February 15, 2007 I submitted a letter requesting access to data about myself under [Chapter 13] to Bob Fletcher, assuming that he is the responsible authority for the Ramsey County Jail. I requested from him data about myself that was obtained by personnel from the Ramsey County Jail. With no response from him I submitted a second request on March 8, 2007, today's date is April 3, 2007 and I have not receive [sic] a response from him. . . .
Issues:
Based on X's opinion request, the Commissioner agreed to address the following issues:
Discussion:
Issue 1:Did the Ramsey County Sheriff comply with Minnesota Statutes, Chapter 13, regarding a February 15, 2007, request for data (all data listed under #2 of the data request)? Pursuant to Minnesota Statutes, Chapter 13, government data are public unless otherwise classified. It appears the data listed under #2 of X's data request are law enforcement data classified pursuant to section 13.82. Some law enforcement data are public, some are private, and some are confidential. Regarding any data of which X is the subject, X is entitled to gain access to the data classified as public and private. The Sheriff's Office should have provided a response to X about these data within ten business days. (See section 13.04, subdivision 3.) X first made a request for the data in a letter dated February 15, 2007. As of the date of X's opinion request, over six weeks later, apparently X had not received any response. The Sheriff's Office did not comply with Chapter 13. Regarding any data of which X is not the subject, X is entitled to gain access to the data classified as public. The Sheriff's Office should have provided a response to X about these data in a prompt and appropriate manner, and within a reasonable time. (See section 13.03, subdivision 2, and Minnesota Rules 1205.0300.) Again, by not providing any response to X before April 11, 2007, the Sheriff's Office did not comply with Chapter 13. Issue 2:Did the Ramsey County Sheriff comply with Minnesota Statutes, Chapter 13, regarding a February 15, 2007, request for data relating to the Ramsey County Jail (all data listed under #3 of the data request)? Pursuant to Minnesota Statutes, Chapter 13, government data are public unless otherwise classified. It appears the data listed under #3 of X's data request are corrections and detention data classified pursuant to section 13.85. Some corrections and detention data are classified as public, some are private, and some are confidential. Regarding any data of which X is the subject, X is entitled to gain access to the data classified as public and private. The Sheriff's Office should have provided a response to X about these data within ten business days. (See section 13.04, subdivision 3.) X first made a request for the data in a letter dated February 15, 2007. As of the date of X's opinion request, over six weeks later, apparently X had not received any response. The Sheriff's Office did not comply with Chapter 13. Regarding any data of which X is not the subject, X is entitled to gain access to the data classified as public. The Sheriff's Office should have provided a response to X about these data in a prompt and appropriate manner, and within a reasonable time. (See section 13.03, subdivision 2, and Minnesota Rules 1205.0300.) Again, by not providing any response to X before April 11, 2007, the Sheriff's Office did not comply with Chapter 13. Opinion:Based on the facts and information provided, my opinion on the issues that X raised is as follows:
Signed:
Dana B. Badgerow
Dated: May 16, 2007 |
