5.1. ERMUSR 03-08-2011 - Laserfiche WebLink

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action, a factual reconstruction of events associated with the action, as well as the names and addresses of witnesses, and the names and addresses of victims. Investigative data collected or created by law enforcement to prepare a case are confidential--even the subject of the data is denied access-while the investigation is active. Inactive investigative data are public unless release of the data would jeopardize another active investigation or would reveal the identity of an individual who is entitled to privacy. Photos that are part of an inactive investigation, but are clearly offensive to common sensibilities are private, However, the existence of such photos must be disclosed. Parks and Recreation Data Something to Think About A law enforcement agency is entitled to withhold otherwise public information if it determines that revealing the identity would threaten an individual's personal safety. law enforcement agencies are required to establish procedures for making the determination as to when it is necessary to protect the identity of an individual. Data used for the purpose of enrolling individuals in a city's recreational and other social programs are private. Specifically, the name, address, telephone number, and other data that identifies an individua] are private. So are any data describing the health, medical condition(s), family relationships, living arrangements, and/or opinions as to the emotional makeup or behavior of an individual. Utility Data Data about customers of a municipal utility are public with the exception of electric utility data. If Social Security Numbers are collected in connection with municipal utility service, they must be edited from data provided to a requester. Electric utility data have an exception that makes them private data that may be released to law enforcement, a school for the purposes of assembling pupil census data, and to a public child support authority. Requests for information on new utility customers should be honored by any municipal utility other than an electric utility.. Data revealing the identity of people delinquent in their utility bills are also public, again with the exception of electric utility data. It is a city's responsibility to ensure that the information being released is accurate. Releasing information that a customer is delinquent on his/her utility bill when the bill is in fact current could be considered defamatory. Cities should develop a practice ofdouble-checking the accuracy of information before responding to such requests. Property Complaints The identity of a person making a complaint about a violation of law or ordinance concerning the use of real property is confidential data. This classification is used to shield the identity of an individual(s) who complains to a government agency from anyone who might seek retribution against the complainant. The Commissioner has issued opinions that this part of the Act not only covers the physical use of property, but noise and odors, too. Complaints against both city property and private property are included.