January 27, 2005; City of Lonsdale
1/27/2005 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 November 24, 2004, IPAD received a letter from David Anderson, in which he asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data from the City of Lonsdale. Mr. Anderson's request required clarification with IPAD staff. In response to Mr. Anderson's request, IPAD, on behalf of the Commissioner, wrote to Myles McGrath, (former) City Administrator. The purposes of this letter, dated December 16, 2004, were to inform him of Mr. Anderson's request and to ask him to provide information or support for the City's position. On January 10, 2005, IPAD received a response from Joel A. Erickson, current City Administrator. A summary of the facts follows. In an e-mail to Mr. McGrath dated July 21, 2004, Mr. Anderson requested access to data regarding the placement of street lighting and other utilities in the development in which he resides. Mr. McGrath responded by e-mail the same day, acknowledged receipt of Mr. Anderson's request, and stated that Mr. Anderson's data request will be processed as quickly as possible. Our City Engineer is out on Vacation but will return the [following week.] According to Mr. Anderson, as of the date of his opinion request, the City had not contacted him again about his request. In his comments to the Commissioner, Mr. Erickson first stated that the City should have responded in a timelier manner than it did to Mr. Anderson's request. Mr. Erickson wrote that he has been employed by the City since December 14, 2004, and that, after receiving notice from the Commissioner about this opinion, I have extensively reviewed all emails, letters, site plans, committee minutes, maps and communications with developers and consultants dealing with the information Mr. Anderson is requesting. Mr. Erickson wrote that he subsequently contacted Mr. Anderson, and has since provided him with the data he requested. Mr. Erickson also discussed reasons, including that the City was short-staffed, which contributed to the delay in its response to Mr. Anderson. Mr. Erickson stated that once he was aware of the request, he responded in an appropriate, prompt and timely manner. Issue:In his request for an opinion, Mr. Anderson asked the Commissioner to address the following issue:
Discussion:Pursuant to Minnesota Statutes, section 13.03, when a government entity receives a data request from an individual 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.) According to Mr. Erickson, the City provided Mr. Anderson with the data he requested in January 2005, some five months after he requested it. The Commissioner acknowledges the circumstances Mr. Erickson described that contributed to the time frame in which the City responded; however, its response to Mr. Anderson was neither prompt nor within a reasonable time. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Anderson raised is as follows:
Signed:
Dana B. Badgerow
Dated: January 27, 2005 |
