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August 7, 2003; City of Farmington
8/7/2003 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 July 1, 2003, IPAD received a letter dated June 27, 2003, from Larry Walsh. In his letter, Mr. Walsh asked the Commissioner to issue an advisory opinion regarding his access to certain data the City of Farmington maintains. IPAD staff requested clarification. Mr. Walsh submitted his revised opinion request on July 9, 2003. In response to Mr. Walsh's request, IPAD, on behalf of the Commissioner, wrote to Ed Shukle, whom the Commissioner believed to be Administrator of the City. (IPAD subsequently learned that Dan Siebenhaler is the Interim City Administrator.) The purposes of this letter, dated July 14, 2003, were to inform him of Mr. Walsh's request and to ask him to provide information or support for the City's position. On July 25, 2003, IPAD received a response, dated July 24, 2003, from Joel Jamnik, an attorney representing the City. A summary of the facts as Mr. Walsh presented them is as follows. On June 11, 2003, Mr. Walsh sent an email to the City's Mayor. In the email, Mr. Walsh asked the Mayor to identify the City's responsible authority. Mr. Walsh also asked for a copy of the annual Responsible Authority identification document required by Chapter 13 and for a copy of the complaint policy referred to in [an article in the This Week newspaper]. Mr. Walsh provided to the Commissioner a copy of the article. The first paragraph states, Because the handling and resolution of resident complaints is a high service priority of the Farmington City Council and staff, a policy was enacted in 1997 establishing a City Council-resident complaint resolution process. Kevin Carroll, the City's Community Development Director, responded to Mr. Walsh's email on June 17, 2003. He wrote, [Mr. Walsh's data request has] been directed to the City Attorney, and he will be providing you with a separate response. As of the date of Mr. Walsh's opinion request, he has not received a response. Issues:In his request for an opinion, Mr. Walsh asked the Commissioner to address the following issues:
Discussion:Issue 1:Is the City of Farmington in compliance with the provisions of Minnesota Statutes, Chapter 13, and Minnesota Rules, Chapter 1205, with regard to the appointment of a responsible authority? Minnesota Statutes, section 13.05, subdivision 1, provides, The responsible authority shall prepare a public document containing the authority's name, title and address...Beginning August 1, 1977 and annually thereafter, the responsible authority shall update the public document and make any changes necessary to maintain the accuracy of the document. Minnesota Rules, Parts 1205.1000 - 1200, provide additional guidance regarding the public document and the responsible authority's appointment of any designees. In his comments to the Commissioner, Mr. Jamnik provided a copy of Resolution No. R16-84 Appointing a Responsible Authority and Assigning Duties. The resolution was signed on March 19, 1984. The document names the responsible authority at that time. Another document Mr. Jamnik provided to the Commissioner is entitled, Administrative Policy - 07, Data Practices Procedures. It does not appear to be dated. Section II of this document states, The person who is the responsible authority for compliance with [Chapter 13] is the City Administrator. The responsible authority has designated the Human Resources Director as the Data Practices Compliance Official to assist in complying with [Chapter 13]. It appears the City's Administrative Policy - 07, Data Practices Procedures document is the public document described in section 13.05, subdivision 1. (Mr. Walsh referred to this document in his data request as the annual Responsible Authority identification document. ) If so, it should be updated annually. Mr. Jamnik did not provide any information as to whether this is the case. In addition, the City's document should state the name, job title, and address of the individual serving as the responsible authority. The Administrative Policy - 07, Data Practices Procedures document states only the job title. Thus, it appears the City technically is not in compliance with certain requirements of Chapter 13 and Minnesota Rules, Chapter 1205 regarding the public document. Issue 2:Pursuant to Minnesota Statutes, Chapter 13, did the City of Farmington respond appropriately to a June 11, 2003, request for a copy of the City's City Council-resident complaint resolution process? When a government entity receives a data request from a requestor who is not the subject of the data, the entity is required to respond in an appropriate and prompt manner and within a reasonable time. (See section 13.03, subdivision 2(a), and Minnesota Rules, part 1205.0300.) In his comments to the Commissioner, Mr. Jamnik wrote: Unfortunately, no estimated timeline for completion of the search compilation and response was provided....If the City's initial response had provided an expected timeline for completion, perhaps Mr. Walsh would have not thought it necessary to seek an Advisory Opinion, but nonetheless, the City did immediately begin the process to search for and collect data responsive to the request.... The data requested by Mr. Walsh has been compiled and forwarded to him by letter dated July 21, 2003. That data includes information on the matters identified in your letter to the City regarding the appointment of the Responsible Authority, Data Practices Compliance Official, citizen guide, and the complaint process... Mr. Jamnik attached to his comments a copy of the materials the City forwarded to Mr. Walsh. They include the identities of the responsible authority and data practices compliance official, and, in addition to those discussed in regard to Issue 1, copies of the following: Council Policy - 01, Council-Resident Complaint Resolution Process ; and Administrative Policy - 06, Public Communications. Mr. Walsh made his request on June 11, 2003, and the City did not provide him with the copies he requested until sometime shortly after July 21, 2003. In the Commissioner's opinion, such a response time is outside the scope of what is appropriate, prompt or reasonable. Issue 3:Pursuant to Minnesota Statutes, Chapter 13, did the City of Farmington respond appropriately to a June 11, 2003, request for the public document that provides information about the City's responsible authority? See discussion regarding Issue 2. Opinion:Based on the facts and information provided, my opinion on the issues that Mr. Walsh raised is as follows:
Signed:
Brian J. Lamb
Dated: August 7, 2003 |
Response to data requests
Responsible authority
Public document/annual report (13.05, subd. 1 and 1205.1200)
Untimely, generally
Name, title, and address
