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3.4. & 3.5. SR 06-30-1997
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3.4. & 3.5. SR 06-30-1997
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6/30/1997
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6. Denying Access. If the Responsible Authority or designee believes that the requesting <br />person is not entitled by law to have access to the data, the request will be handled in the manner <br />provided in Section 7.F. <br />7. Fees. Fees may be charged only as provided in Section 9, "fees for copies of Government <br />Data". <br />& IDR Form Required. An "Information Disclosure Request" form (see Section 8) must <br />be completed for each request for confidential data not on individuals or protected not public <br />data. <br />IE. Data Requests Related to Litigation. <br />1. Litigation involving the City. Any request for data or subpoena that is related to a <br />lawsuit involving the City must be referred to the Responsible Authority, regardless of whether <br />the data requested is public or not public, The Responsible Authority will inform the city <br />attorney of the request, and either the Responsible Authority or the city attorney will respond to <br />the request. <br />2. Subpoenaed documents or testimony. Occasionally private parties subpoena City <br />employees to produce records or to testify concerning City records, in lawsuits that do not <br />involve the City. The rules that implement the Act require that, if a City employee is subpoenaed <br />to produce documents containing private or confidential data on individuals or to testify <br />concerning private or confidential data on individuals, the City must notify the court of the <br />statutes, rules, or regulations that restrict disclosure of the information. (Minn. Rules, Pt. <br />1205.0100, subp. 5.) To ensure that the City complies with its duties, all subpoenas must be <br />referred to the Responsible Authority, who may consult with the city attorney before responding <br />to the request. <br />IF. Denying Requests for Access to Data. � <br />1. When access may be denied. Access to government data may be denied when the data <br />is classified by state statute, federal law or temporary classification as not accessible to the <br />requestor. <br />2. Responsible Authority or designee to make determination. If an employee handling <br />a request believes that data requested is not public and that the requesting person is not otherwise <br />entitled by law to have access to the data, the employee will refer the request to the Responsible <br />Authority or designee. The Responsible Authority or designee will determine whether the <br />requesting person is entitled by law to have access to the data. In making that determination, <br />the Responsible Authority or designee may consult with the city attorney as deemed appropriate <br />and will consult with the city attorney when required by this policy. <br />3. Denying access. If the requesting person is not entitled by law to have access to the <br />requested data, the Responsible Authority or designee shall inform the requesting person of the <br />CAH50884 <br />GA125-26 34 <br />
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