Facts and Procedural History:

On November 30, 2004, IPAD received a letter from John Musgjerd, in which he asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data from the City of Greenwood. Mr. Musgjerd's request required additional information and clarification with IPAD staff, which he provided on February 8, 2005.

In response to Mr. Musgjerd's request, IPAD, on behalf of the Commissioner, wrote to the City. The purposes of this letter, dated February 16, 2005, were to inform him of Mr. Musgjerd's request and to ask him to provide information or support for the City's position. On February 23, 2005, IPAD received a response from Mark W. Kelly, attorney for the City.

A summary of the facts follows. In a letter and fax addressed to Terry Nagel, then Mayor of Greenwood, dated November 14, 2004, Mr. Musgjerd asked to inspect public data related to the construction of a fence. In his opinion request, Mr. Musgjerd stated that he directed his request to the Mayor due to the fact that the responsible authority for the City had passed away and another individual has still not been appointed to fulfill the responsibilities of the office.

In his February 5, 2005, opinion request, Mr. Musgjerd stated the following:

The Greenwood City Office was visited and the minutes of every Council Meeting (both Regular and Special) for the months of June through December 2004 were examined. There was no official action taken on the part of the City Council to appoint another responsible authority. In addition, all supporting information in the council packets was reviewed to ascertain whether this matter was addressed; and, no evidence was found.

According to Mr. Musgjerd, as of the date of his request, the City had not provided him with access to the data.

In his comments to the Commissioner, Mr. Kelly stated:

Greenwood Ordinance Code Section 125.00, Subd. 2 establishes that 'the responsible authority for the City of Greenwood shall be the City Clerk . . . . It is true that in the summer of 2004, the City Clerk of the City of Greenwood passed away. Subsequently, on September 7, 2004, the City engaged the services of a new individual to serve as City Clerk. Consequently, the office of the 'Responsible Authority' was filled at all times pertinent hereto. The office was not vacant on November 14, 2005 [sic].

Mr. Kelly stated that Mr. Nagel, the former Greenwood Mayor, has no recollection of Mr. Musgjerd's November 14, 2004, request for data, and [c]onsequently, no action was taken. Mr. Kelly continued:

The City regrets the government data request contained in the letter was not directed to the attention of the 'Responsible Authority' for the City of Greenwood nor [sic] to the City Clerk. City Code places the public on notice that the City Clerk is the 'Responsible Authority' for the handling of Government Data requests. A notice regarding how to make a government data request is posted at the City Clerk window. (See copy enclosed). This system has served the City, and the public, well. In the past, Mr. Musgjerd has directed Government Data practice requests to the attention of the City Clerk and, on information and belief, received the assistance requested. On information and belief, Mr. Musgjerd did not follow his past practice in the request at issue. In fact, his [opinion request dated] February 5, 2005, [stating that the minutes of every regular and special Council Meeting for the months of June through December 2004 were examined at the Greenwood City Office] . . . appears to confirm that Government Data can be accessed at the office of the City Clerk. . . . The City regrets that Mr. Musgjerd did not recognize that the person serving as City Clerk, and not a specific individual, is Greenwood's 'Responsible Authority' under the Government Data Practices Act.

The notice, posted at the City Clerk's office, states:

The responsible Authority of the City of Greenwood is Roberta Whipple, City Clerk, City of Greenwood 20225 Cottagewood Road Excelsior MN 55331 appointed by Ordinance 130 (Greenwood Ordinance Code Section 125) and Resolution No. 6-01. The Responsible Authority is responsible for answering inquiries from the public concerning the provision or dissemination of government data. The Responsible Authority is also charged with creating an inventory of data varieties that the City maintains. All data is presumed public unless specifically determined confidential or private by State or Federal Law.

In summary, Mr. Kelly wrote:

At the time in question, November 2004, the office of Responsible Authority under the Government Data Practices Act was filled. The City is of the opinion that the first alleged infraction did not occur. Mr. Musgjerd is entitled to inspect public Government Data in the custody of the City of Greenwood, including but not limited to, the ordinances, files, and records, as requested. The Responsible Authority for the City is the City Clerk. (Greenwood Ordinance section125.00). The request in question was not directed to the attention of the City Clerk, the Responsible Authority for the City. The City regrets that Mr. Musgjerd's the [sic] letter is not recalled by former Mayor Nagel. The requested data awaits Mr. Musgjerd's inspection at the office of the City Clerk during regular Greenwood City Clerk office hours.

Issues:

In his request for an opinion, Mr. Musgjerd asked the Commissioner to address the following issues: