5.1. ERMUSR 03-08-2011 - Laserfiche WebLink

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Meeting the requirements of the Act can be difficult because of the demands placed on city staff to know intricate details that may differ depending on the data being requested. Finding guidance on how to apply the Act is not always as easy as simply consulting the statutes. In addition to the statutes, the Commissioner of Administration prepares educational materials and model policies. The Commissioner also has authority to issue advisory opinions regarding how the Act should be applied in certain situations. On occasion, Minnesota appellate courts are called upon to interpret provisions of the Act. These court decisions may disagree with the Commissioner's opinions. Appellate court decisions take precedence over Commissioner's opinions. Required Officials A city is required to have two officers to administer the responsibilities set forth in the Act. The required officers are the Responsible Authority and the Compliance Officer. According to the Act, requests for data are to be directed to the Responsible Authority. The Responsible Authority then makes the determination to provide or deny access to the data requested. If a person believes he/she has been wrongfully denied access to data, he/she can work with the Compliance Officer. A different outcome seems unlikely if the Compliance Officer is the same person who previously denied access to the requested data in the role of the Responsible Authority. While the concept of having both a Responsible Authority and a Compliance Officer may not seem practical in a smaller city, cities must have both to meet the requirements of the Act. Definition The Responsible Authority is an individual designated by the city council to be responsible for collection, use, and dissemination of a ny set of data. The Compliance Officer is an individual designated by the Responsible Authority to handle questions or issues with data access. The Responsible Authority may designate one or more persons to perform the required duties of this position. In larger cities, the Responsible Authority is usually the chief administrator. That person in turn might designate a representative in each department to handle data practices requests for information in those departments. In smaller cities, the city clerk is often the Responsible Authority and handles all data requests personally. The Act requires that each Responsible Authority establish procedures to ensure requests are received and complied with in an appropriate and prompt manner. These procedures must be in written form. Changes in personnel or circumstances that might impact public access to government data are to be incorporated by August 1 of each year. A copy of these procedures must be available to the public free of charge or a copy must be posted in a conspicuous place that is easily accessible to the public. The Compliance Officer can be the same person as the Responsible Authority.