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2015.06.16 Work Session Packet (2nd) Posted: June 12, 2015 CRYSTAL CITY COUNCIL SECOND WORK SESSION AGENDA Tuesday, June 16, 2015 To immediately follow the EDA Special Meeting Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the second work session of the Crystal City Council was held at ______ p.m. on Tuesday, June 16, 2015 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Libby ____ Norris ____ Parsons ____ Therres ____ Peak ____ Sutter ____ Adams ____ Revering ____ Dahl ____ Gilchrist ____ Deshler ____ Serres ____ Kolb II. Agenda The purpose of the work session is to discuss the following agenda items: 1. Overview of property maintenance code inspections prior to sale 2. Records retention policy update 3. Northwest Hennepin Human Services Council update 4. Constituent issues update 5. New business* 6. Announcements* III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: June 11, 2015 TO: Mayor and City Council Anne Norris, City Manager FROM: Chrissy Serres, City Clerk CC: City Attorney SUBJECT: Proposed changes to Data Practices and Records Retention Policies Policies regarding data practices and record retention require City Council approval and adoption. The City’s current data practices policy must be updated to be consistent with changes in state law. Attached is a proposed newly updated data practices policy drafted by the City Attorney’s office. The City’s current records retention schedule is in need of updating as well. The City adopted a records retention schedule years ago; however, staff is recommending adoption of the State General Records Retention Schedule rather than maintain its own schedule to streamline processes for more efficient records management. The current State General Records Retention Schedule is over 100 pages. Therefore, paper copies of the Schedule will not be provided in this packet but can be reviewed electronically at: http://www.mcfoa.org/vertical/sites/%7B067FFB58-E3CD-42BA-9FB1- 11EFC7933168%7D/uploads/General_Records_Retention_Schedule_for_MN_Cities_- _July_2013.pdf The data practices procedure changes must be updated no later than August 1 per state law. Staff requests the Council discuss the proposed changes to the data practices and record retention polices and consider approval at its meeting on July 14, 2015 to meet the August 1 deadline. 1 APPENDIX A NON PUBLIC, PRIVATE AND CONFIDENTIAL DATA MAINTAINED BY THE CITY OF CRYSTAL The list of data types is divided into the following categories: General; Administration; Community Development; Personnel; and Public Safety. The categories are provided only for convenience in locating types of data; inclusion in any particular category is not intended to indicate an exclusive location for that data type. (E.g., data listed under Personnel may be physically located in more than one City department.) GENERAL Business Data CLASSIFICATION(S): Private/Nonpublic/Public GOVERNING STATUTE: Minn. Stat. § 13.591 DESCRIPTION OF DATA: Data submitted to the City by a business requesting financial assistance or a benefit financed by public funds are private or nonpublic data. The data becomes public when public financial assistance is provided or the business receives a benefit from the City, except that business plans, income and expense projections not related to the financial assistance provided, customer lists, income tax returns, and design, market and feasibility studies not paid for with public funds remain private or nonpublic. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. City Attorney Records CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.393 DESCRIPTION OF DATA: The use, collection, storage, and dissemination of data by the city attorney are governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility. Data which is the subject of attorney-client privilege is confidential. Data which is the subject of the “work product” privilege is confidential. Employee Work Access: Certain Administration Department employees on an as needed basis as part of specific work assignments. Civil Investigative Data CLASSIFICATION(S): Confidential / Protected Nonpublic/ Not public / Public GOVERNING STATUTE: Minn. Stat. § 13.39 DESCRIPTION OF DATA: Data collected as part of an active investigation undertaken to commence or defend pending civil litigation, or which are retained in anticipation of pending civil litigation, with the exception of disputes where the sole issue is the City’s timeliness in responding to a data request. Employee Work Access: Certain Administration and Police Department employees on an as needed basis as part of specific work assignments. Continuity of Operations CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.43, subd. 17 DESCRIPTION OF DATA: Personal home contact information used to ensure that an employee can be reached in the event of an emergency or other disruption affecting continuity of operation of a government entity. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Elected Officials Correspondence CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 2 DESCRIPTION OF DATA: Correspondence between individuals and elected officials is private data on individuals, but may be made public by either the sender or the recipient. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Identity of Employees Making Complaints CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 181.932, subd. 2; 13.7905, subd. 5(b) DESCRIPTION OF DATA: The identity of an individual who reports to any governmental body or law enforcement official a violation or suspected violation by the individual’s employer of any federal or state law or rule. Employee Work Access: HR staff on as needed basis as part of specific work assignments. Internal Competitive Response CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 5, 13.37. DESCRIPTON OF DATA: A bid or proposal to provide government goods or services that is prepared by the staff of a government entity in competition with bids or proposals solicited by the same government entity from the private sector or a different government entity from the private sector are classified as private or nonpublic until completion of the selection process or completion of the evaluation process at which time the data are public with the exception of trade secret data as defined and classified in Minnesota Statutes Section 13.37. Employee Work Access: Certain Public Works and Administration staff on an as needed basis as part of specific work assignments. Internal Auditing Data CLASSIFICATION(S): Confidential/Private/Protected Nonpublic/Public GOVERNING STATUTE: Minn. Stat. § 13.392 DESCRIPTION OF DATA: Data, notes, and preliminary drafts of reports created, collected and maintained by the internal audit offices of the City or by person performing audits for the city and relating to an audit or investigation; data on an individual supplying information for an audit or investigation, under specified circumstances. Employee Work Access: Certain Administration and Finance Department staff on an as needed basis as part of specific work assignments. Personal Contact and Online Account Information CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.356, 13.04, subd. 2. DESCRIPTION OF DATA: Data on an individual collected, maintained, or received by the City for notification purposes or as a part of a subscription list for the City’s electronic periodic publications as requested by the individual. This data includes telephone numbers, e-mail addresses, Internet user names and passwords, Internet protocol addresses and any similar data related to the individual’s online account or access procedures. This data may only be used for the specific purpose for which the individual provided the data. This data also does not include data submitted for purposes of making a public comment. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Requests for Proposals CLASSIFICATION(S): Private/Nonpublic/Not public/Public GOVERNING STATUTE: Minn. Stat. §§ 13.591, subd. 3(b), 13.37. DESCRIPTION OF DATA: Data submitted by a business to the City in response to a request for proposals is not public data until the responses are opened. Once the responses are opened, the name of the responder is public. All other data in a response to a request for proposal are private or nonpublic data until completion of the evaluation process. After completion of the evaluation process, all remaining data submitted by responders are public with the exception of trade secret data as classified in Minnesota Statutes Section 13.37. If all responses to a request for proposals are rejected prior to completion of the evaluation process, all data, other than that made public at the response opening, remain private or nonpublic until a resolicitation of the requests for proposal results in the completion of the evaluation process or a determination is made to abandon the purchase. If rejection occurs after the completion of the evaluation process, the data remains public. If resolicitation of the proposals does not occur within one year of the proposal opening data, the remaining data become public. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Safe at Home Program Participants CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07, subd. 1(b). DESCRIPTION OF DATA: The name and address of a Safe at Home program participant that is maintained in connection with an active investigation or inspection of an alleged health code, building code, fire code, or city ordinance violation allegedly committed by a program participant. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments Sealed Bids CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Sealed bids, including the number of bids received, prior to opening. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Security Information CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Data which if disclosed would be likely to substantially jeopardize the security of information possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass, or physical injury (as determined by the Responsible Authority). This includes crime prevention block maps and lists of volunteers who participate in community crime prevention programs and their home and mailing addresses, telephone numbers, e-mail or other digital addresses, Internet communications services account information or similar account information, and global positioning system locations but this information may be disseminated to other volunteers participating in crime prevention programs. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Service Cooperative Claims Data CLASSIFICATION(S): Nonpublic GOVERNING STATUE: Minn. Stat. § 13.203 DESCRIPTION OF DATA: Claims experience and all related information received from carriers and claims administrators participating in a group health or dental plan, including any long-term disability plan, offered through Minnesota service cooperatives to Minnesota political subdivisions and survey information collected from employees and employers participating in these plans and programs, except when the executive director of a Minnesota service cooperative determines that release of the data will not be detrimental to the plan or program, are classified as nonpublic data not on individuals. Employee Work Access: HR and Finance Department staff on an as needed basis as part of specific work assignments. Social Security Numbers CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.355 DESCRIPTION OF DATA: Social security numbers of individuals, or any part of a social security number Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. State Auditor Data CLASSIFICATION(S): Confidential/Protected nonpublic GOVERNING STATUTE: Minn. Stat. § 6.715, subd. 5 DESCRIPTION OF DATA: Data relating to an audit conducted by the State Auditor’s office and provided by the State Auditor for purpose of review and verification of the data, prior to publication of the final report of the audit Employee Work Access: Finance Department staff on an as needed basis as part of specific work assignments. Trade Secret Information CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Data, including a formula, pattern, compilation, program, device, method, technique or process: (1) that was supplied by the affected individual or organization; (2) that is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain its secrecy; and (3) that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Utility Disconnections CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § § 13.681, subd. 6 and 216B.0976, subd. 2 DESCRIPTION OF DATA: Data on customers provided to the City by a utility regarding disconnection of gas or electric service. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. ADMINISTRATION Absentee Ballots CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 and 13.607, subd. 7 and 203B.12, subd. 7 DESCRIPTION OF DATA: Sealed absentee ballots before opening by an election judge are private. Names of voters submitting absentee ballots may not be made available for public inspection until the close of voting on Election Day. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Assessor's Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.51 DESCRIPTION OF DATA: Data contained on sales sheets from private multiple listing service organizations; income information on individuals used to determine eligibility of property for classification for class 4(d) under Minnesota Statutes Section 273.126; and specified data regarding income properties. Employee Work Access: Certain County, Administration and Community Development Department staff on as needed basis as part of specific work assignments. Candidates for Election to City Council CLASSIFICATION(S): Public / private GOVERNING STATUTE: Op. Atty.Gen. No. 852, October 6, 2006; Advisory Opinion No. 05-036; Minn. Stat. § 13.607, subd. 8 and 204B.06, subd. 1b DESCRIPTION OF DATA: Data created, collected or maintained about an individual candidate for election to the City Council is public. An affidavit of candidacy must state an address of residence and telephone number. The candidate may request that the address be classified as private data by certifying that a police report has been submitted or an order for protection has been issued in regard to the safety of the candidate or candidate’s family. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Computer Access Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.15 DESCRIPTION OF DATA: Data created, collected, or maintained about a person’s access to the City’s computer for the purpose of: (1) gaining access to data or information; (2) transferring data or information; or (3) using government services. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Deferred Assessment Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.52 DESCRIPTION OF DATA: Data collected pursuant to Minnesota Statutes Section 435.193, which indicates the amount or location of cash or other valuables kept in the homes of applicants for deferred assessment. Employee Work Access: Certain Administration and Finance Department staff on as needed basis as part of specific work assignments. Federal Contracts Data CLASSIFICATION(S): Private/Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.35 DESCRIPTION OF DATA: All data collected and maintained by the City when required to do so by a federal agency as part of its contract with the City. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Homestead Applications CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.4965, subd. 3, 273.124, subd. 13 DESCRIPTION OF DATA: Social security numbers, affidavits or other proofs of entitlement to homestead status that are submitted by property owners or their spouses. The data may be disclosed to the Commissioner of Revenue or, under limited circumstances, the county treasurer. Employee Work Access: Certain Administration Department staff on as needed basis as part of specific work assignments. Municipal Bonds Register Data CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 12, 475.55, subd. 6 DESCRIPTION OF DATA: Data with respect to the ownership of municipal obligations. Employee Work Access: Certain Finance Department staff on as needed basis as part of specific work assignments. Municipal Utility Customer Data CLASSIFICATION(S): Public / Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.685 DESCRIPTION OF DATA: Data on customers of municipal electric utilities are private data on individuals or nonpublic data. Data on customers of other municipal utilities are public. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Municipal Self-insurer Claims CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 9(a), 471.617, subd. 5 DESCRIPTION OF DATA: Data about individual claims or total claims made by an individual under a self-insured health benefit plan of a municipality. Employee Work Access: Certain HR and Finance Department staff on an as needed basis as part of specific work assignments. Registered Voter Lists CLASSIFICATION(S): Confidential/Public GOVERNING STATUTE: Minn. Stat. §§ 13.607, subd. 6; 201.091 DESCRIPTION OF DATA: Information contained in the master list of registered voters. Employee Work Access: City Clerk and certain Administration Department staff on as needed basis as part of specific work assignments. Social Recreational Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.548 DESCRIPTION OF DATA: For people enrolling in recreational or other social programs: name, address, telephone number, any other data that identifies the individual, and any data which describes the health or medical condition of the individual, family relationships, living arrangements, and opinions as to the emotional makeup or behavior of an individual. Employee Work Access: Certain Recreation Department staff on an as needed basis as all or in part of specific work assignments. COMMUNITY DEVELOPMENT Appraisal Data CLASSIFICATION(S): Confidential / Protected Nonpublic / Public GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 3 DESCRIPTION OF DATA: Appraisals made for the purpose of selling or acquiring land through purchase or condemnation. Data made confidential or protected nonpublic may, among other ways set forth in the statute, become public at the discretion of the City, determined by majority vote of the City Council. Employee Work Access: Certain Community Development Department staff on an as needed basis as all or in part of specific work assignments. Benefit Data CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.462 DESCRIPTION OF DATA: Data on individuals, corporations and/or partnerships collected or created when individuals, corporations and/or partnerships seek information about becoming, is or was an applicant for or recipient of benefits or services provided under any housing, home ownership, rehabilitation and community action agency, Head Start, or food assistance programs administered by the City. Employee Work Access: Certain Community Development Department staff on an as needed basis as all or in part of specific work assignments. Housing Agency Data CLASSIFICATION(S): Confidential / Private / Protected Nonpublic / Nonpublic / Public GOVERNING STATUTE: Minn. Stat. § 13.585 DESCRIPTION OF DATA: Correspondence between the agency and agency’s attorney containing data collected as part of an active investigation undertaken for the purpose of the commencement or defense of potential or actual litigation; income information on individuals collected and maintained to determine property tax classification eligibility; data pertaining to negotiations with property owners regarding the purchase of property. Employee Work Access: Certain Community Development staff on an as needed basis as all or in part of specific work assignments. Property Complaint Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.44, subd. 1 DESCRIPTION OF DATA: Data that identifies individuals who register complaints concerning violations of state laws or local ordinances concerning the use of real property. Employee Work Access: Certain employees on an as needed basis as part of specific work assignments. Redevelopment Data CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.59 DESCRIPTION OF DATA: Names and addresses of individuals and businesses and the legal descriptions of property owned by individuals and businesses, when collected in surveys of individuals conducted by the City or Housing and Redevelopment Authority for the purposes of planning, development, and redevelopment. Employee Work Access: Certain Community Development staff on an as needed basis as all or in part of specific work assignments. PERSONNEL Applicants for Appointment and Members of Advisory Boards CLASSIFICATION(S): Public GOVERNING STATUTE: Minn. Stat. § 13.601, subd. 3 DESCRIPTION OF DATA: Data on applicants for appointment to the City Council or a board or commission are private except that the following are public: name, city of residence (except when the appointment has a residence requirement that requires the entire address to be public), education and training, employment history, volunteer work, awards and honors, prior government service, and veteran status. Once the individual is appointed, the following additional items become public: residential address and either a telephone number or electronic mail address where the appointee can be reached, or both at the request of the appointee. Any electronic mail addresses or telephone number provided by the City for use by an appointee is public. NOTE: This section also applies to applicants for appointment to the city council (e.g., in case of vacancy), in addition to Minn. Stat. § 13.43. Employee Work Access: Certain Administration Department staff on an as needed basis as all or in part of specific work assignments. Employee Drug and Alcohol Tests CLASSIFICATION(S): Confidential / Private GOVERNING STATUTE: Minn. Stat. §§ 13.7905, subd. 5(c), 181.954, subd. 2 and 3 DESCRIPTION OF DATA: Results of employee drug and alcohol tests. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Employment and Training Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.47 DESCRIPTION OF DATA: Data on individuals collected, maintained, used, or disseminated because an individual applies for, is currently enrolled in, or has been enrolled in employment and training programs funded with federal, state or local resources. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Examination Data CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. § 13.34 DESCRIPTION OF DATA: Completed versions of personnel and licensing examinations Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Labor Relations Information CLASSIFICATION(S): Private / Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.37 DESCRIPTION OF DATA: Management positions on economic and non-economic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position. Employee Work Access: HR staff on an as needed basis as all or in part of specific work assignments. Personnel and Employment Data CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. § 13.43. DESCRIPTION OF DATA: Data on individuals maintained because the individual is or was an employee of or an applicant for employment by, performs services on a voluntary basis for, or acts as an independent contractor with the City. Generally all data about people who are or were an employee, an applicant for employment, a volunteer, or an independent contractor are private, with the exceptions noted below. NOTE: This section applies to members of the city council after their election or appointment to the council. It also applies to applicants for appointment to the City Council (e.g., in case of vacancy), but not to candidates for election to the City Council, together with Minnesota Statutes Section 13.601 (see “Applicants for Appointment and Members of Advisory Boards” above.). Employee Work Access: HR staff and certain Finance Department staff on an as needed basis as all or in part of specific work assignments. Public Data - Applicants The following data on current and former applicants is public: * Veteran Status * Relevant test scores * Rank on eligibility list * Job history * Education and training * Work availability * Name, after being certified as eligible for appointment to a vacancy or when considered a finalist for a position of public employment (which occurs when the person has been selected to be interviewed by the appointing authority) * Names of applicants for appointment to and members of an advisory board or commission. Public Data - Employees The following data on current and former employees (including council members), volunteers, and independent contractors are public: * Name * Employee identification number, which may not be a social security number * Actual gross salary * Salary Range * Terms and conditions of employment relationship * Contract fees * Actual gross pension * Value and nature of employer paid fringe benefits * Basis for and the amount of added remuneration, including expense reimbursement, in addition to salary * Job title * Bargaining unit * Job description * Education and training background * Previous work experience * Date of first and last employment * The existence and status (but not nature) of any complaints or charges against the employee, regardless of whether the complaint or charge resulted in a disciplinary action * Final disposition of any disciplinary action, with specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the City * Complete terms of any agreement settling any dispute arising from the employment relationship; except that the agreement must include specific reasons for the agreement if it involves the payment of more than $10,000 of public money * Work location * Work telephone number * Badge number * Work-related continuing education * Honors and awards received * Payroll time sheets or other comparable data that are only used to account for employee’s work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee’s reasons for the use of sick or other medical leave or other non-public data. “Final disposition” of a disciplinary action: a final disposition occurs when the City makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the City, or arbitrator. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. A disciplinary action does not become public data if an arbitrator sustains a grievance and reverses all aspects of any disciplinary action. The City may display a photograph of a current or former employee to a prospective witness as part of the City’s investigation of any complaint or charge against the employee. A complainant has access to a statement provided by the complainant to the City in connection with a complaint or charge against an employee. Notwithstanding other provisions contained in Minnesota Statutes Section 13.43, subdivision 2, upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources. “Public Official” means the chief administrative officer, or the individual acting in an equivalent position, in all political subdivisions. Data relating to a complaint or charge against a public official are public only if: (1) the complaint or charge results in disciplinary action or the employee resigns or is terminated from employment while the complaint or charge is pending; or (2) potential legal claims arising out of the conduct that is the subject of the complaint or charge are released as part of a settlement agreement. This paragraph does not authorize the release of data that are made not public under other law. Undercover Law Enforcement Officer All personnel data about an undercover law enforcement officer is private until no longer assigned to those duties. Then, the officer is subject to the same rules applicable to other employees unless the law enforcement agency determines that revealing the data would threaten the officer’s safety or jeopardize an active investigation. Access by Labor Organizations Personnel data may be given to labor organizations and to the Bureau of Mediation Services to the extent this it is necessary to conduct elections, notify employees of fair share fee assessments, or to implement state labor laws. Employee Assistance Programs All data associated with employee assistance programs is private. Harassment When there is a harassment complaint against an employee, the employee may not have access to data that would identify the complainant or other witnesses if the data would threaten the personal safety of the complainant or witness, or subject the complainant or witness to harassment. However, summary information will be provided to the employee in order for him/her to prepare for a disciplinary proceeding that has been initiated. Peer Counseling Debriefing Data acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed. Protection of Employee or Others If it is reasonably necessary to protect an employee from harm to self or to protect another person who may be harmed by the employee, information that is relevant to the safety concerns may be released to (1) the person who may be harmed or to the person’s attorney when relevant to obtaining a restraining order, (2) a prepetition screening team in the commitment process, or (3) a court, law enforcement agency or prosecuting authority. Continuity of Operations An employee’s personal home contact information may be used to ensure that an employee can be reached in event of an emergency or other disruption affecting continuity of operations of the City or other government entity, including sharing the information with another government entity. Grievance Arbitration Decisions An arbitration decision that sustains a grievance and reverses all aspects of any disciplinary action is private. Salary Benefit Survey Data CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.435 DESCRIPTION OF DATA: Salary and personnel benefit survey data purchased from consulting firms, nonprofit corporations or associations or obtained from employers with the written understanding that the data shall not be made public. Employee Work Access: HR staff and certain Finance Department staff on an as needed basis as all or in part of specific work assignments. PUBLIC SAFETY 911 Emergency Telephone Service CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.202, subd. 6, 403.07, subd. 3 and 4 DESCRIPTION OF DATA: Names, addresses and telephone numbers provided to a 911 system. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Ambulance Service Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.381, subd. 12, 144E.123 DESCRIPTION OF DATA: Ambulance reports/pre hospital medical care data are private data on individuals. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Child Abuse Report Records CLASSIFICATION(S): Confidential / Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (b), 13.82, subd. 8 and 9 and 626.556 DESCRIPTION OF DATA: Active or inactive investigative data that identify a victim of child abuse or neglect reported under Minnesota Statutes Section 626.556 are private data on individuals. Active or inactive investigative data that identify a reporter of child abuse or neglect under Minnesota Statutes Section 626.556 are confidential data on individuals, unless the subject of the report compels disclosure under Minnesota Statutes Section 626.556, subd. 11. Investigative data that becomes inactive under Minnesota Statutes Section 626.556, subd. 7 (a) or (b) and that relate to the alleged abuse or neglect of a child by a person responsible for the child’s care, as defined in Minnesota Statutes Section 626.556, subdivision 2 are private data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Corrections and Detention Data CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. § 13.85 DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained by a municipal correctional or detention facility, the release of which would disclose medical, psychological, financial or personal information not related to the individual’s detainment or which would endanger an individual’s life; detention data, the release of which would endanger an individual’s life, endanger the effectiveness of an investigation, identify a confidential informant, or clearly endanger the security of any institution or its population. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Crime Alert Requests CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 12 and 611A.0393 DESCRIPTION OF DATA: Contact information provided by a citizen requesting a disability accessible crime alert. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Crime Victim Notice of Release CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5 (a), 611A.06 DESCRIPTION OF DATA: All identifying information regarding a crime victim, including a victim’s request for notice of release and a notice of release made pursuant to Minnesota Statutes Section 611A.06. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Criminal Gang Investigative Data System CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 14, 299C.091 DESCRIPTION OF DATA: Data in the criminal gang investigative data system are confidential data on individuals as defined in Minnesota Statutes Section 13.02, subdivision 3, but are accessible to law enforcement agencies and may be released to the criminal justice agencies. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Criminal History Data CLASSIFICATION(S): Private / Public GOVERNING STATUTE: Minn. Stat. § 13.87 DESCRIPTION OF DATA: Criminal history data maintained by agencies, political subdivisions and statewide systems are classified as private, pursuant to Minnesota Statutes Section 13.02, subdivision 12, except that the data created, collected or maintained by the Bureau of Criminal Apprehension that identify an individual who was convicted of a crime, the offense of which the individual was convicted, associated court disposition and sentence information, controlling agency and confinement information are public data for 15 years following the discharge of the sentence imposed for that offense. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Data on Videotape Consumers CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 325I.02, subd. 2, 13.487, subd. 3 DESCRIPTION OF DATA: Personally identifiable information concerning a videotape consumer that a law enforcement agency obtains in connection with an action commenced by the videotape seller or provider to collect fines for overdue or unreturned videotapes or collection for unpaid videotapes. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Detention Data CLASSIFICATION(S): Private / Confidential / Public GOVERNING STATUTE: Minn. Stat. § 13.85 DESCRIPTION OF DATA: Data on individuals created, collected, used or maintained because of their lawful confinement or detainment in a correctional or detention facility, including a City jail or lockup. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Diversion Program Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 18, 299C.46, subd. 5 DESCRIPTION OF DATA: Names and identifying data concerning diversion program participants that are maintained in the criminal justice data communications network. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Domestic Abuse Data CLASSIFICATION(S): Confidential / Public GOVERNING STATUTE: Minn. Stat. § 13.80 DESCRIPTION OF DATA: Data on individuals collected, created, received or maintained by police departments pursuant to the Domestic Abuse Act. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. E-Charging Data CLASSIFICATION(S): Private/Nonpublic, Confidential/Protected Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.871, subd. 11 and 299C.41. DESCRIPTION OF DATA: Credentialing data is private or nonpublic data. Auditing data and workflow and routing data are classified as provided by other law. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. EMT or First Responder Misconduct Data CLASSIFICATION(S): Confidential/Protected Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.383, subd. 2, 144E.305, subd. 3. DESCRIPTION OF DATA: Reports of emergency medical technicians, emergency medical technicians-intermediate, emergency medical technicians-paramedic or first responder’s misconduct are considered to be confidential or protected nonpublic while an investigation is active. Except for the Emergency Medical Services Regulatory Board’s final determination, all communications or information received by or disclosed to the Board relating to disciplinary matters of any person or entity subject to the Board’s regulatory jurisdiction are confidential and privileged and any disciplinary hearing shall be closed to the public. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Explosives Use and Storage CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. § 13.6905, subd. 28a; Minn. Stat. § 299F.28 and 299F.75, subd. 4 DESCRIPTION OF DATA: Data related to use and storage of explosives by individuals holding a permit, including locations of storage, place and time of intended use of explosives or blasting agents, and place and means of storage of explosives or blasting agents. Data may be shared with a government entity or utility whose job duties require access to a facility containing explosives but may not be disclosed to anyone not directly involved in work to be completed at the site where the explosives or blasting agents are stored or used. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Firearms Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.87, subd. 2 DESCRIPTION OF DATA: Data about the purchase or transfer of firearms and applications for permits to carry firearms. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Hazardous Substance Emergency CLASSIFICATION(S): Nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 27, 299F.095 and 299F.096, subd. 1 DESCRIPTION OF DATA: Information contained in hazardous materials notification reports made pursuant to Minnesota Statutes Sections 299F.091 to 299F.099. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Health Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.3805, subd. 1 DESCRIPTION OF DATA: Data on individuals created, collected, received or maintained by the city relating to the identification, description, prevention, and control of disease or as part of an epidemiologic investigation designated by the commissioner of health as necessary to analyze, describe or protect the public health. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Integrated Search Service Data CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. § 13.873 DESCRIPTION OF DATA: Data on individuals stored on one or more databases maintained by criminal justice agencies and accessible through the integrated search service operated by the Bureau of Criminal Apprehension. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Investigative Detention Data CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. § 13.86 DESCRIPTION OF DATA: Data created, collected, used or maintained by a municipal correctional or detention facility that, if revealed, would identify an informant who provided information about suspected illegal activities and is likely to subject the informant to physical reprisals by others. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Law Enforcement Data CLASSIFICATION(S): Private / Confidential / Public/ Non Public GOVERNING STATUTE: Minn. Stat. §§13.82, 259.10, subd. 2 DESCRIPTION OF DATA: Certain arrest data, request for service data, and response or incident data are public data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. An audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire or medical emergency is private data on individuals, except that a written transcript of the audio recording is public, unless it reveals the identity of an individual otherwise protected under Minnesota Statutes Section 13.82, subdivision 17. Criminal investigative data collected or created by a law enforcement agency in order to prepare a case against a person for the commission of a crime or other offense for which the agency has primary investigative responsibility is confidential or protected nonpublic while the investigation is still active. Photographs that are part of inactive investigative files and that are clearly offensive to common sensibilities are classified as private or nonpublic, provided that the existence of the photographs shall be disclosed to any person requesting access to the inactive investigative file. Investigative data that consist of a person’s financial account number or transaction numbers are private or nonpublic data at the close of the investigation. Data on court records relating to name changes under Minnesota Statutes Section 259.10, subdivision 2 which is held by a law enforcement agency is confidential data on an individual while an investigation is still active and is private data on an individual when the investigation becomes inactive. Data in arrest warrant indices are classified as confidential data until the defendant has been taken into custody, served with a warrant or appears before the court, except when the law enforcement agency determines that the public purpose is served by making that information public. Data that uniquely describe stolen, lost, confiscated or recovered property are classified as either private data on individuals or nonpublic data depending on the content. Financial records of a program that pays rewards to informants are protected nonpublic data in the case of data not on individuals or confidential data in the case of data on individuals. Data on registered criminal offenders are private data on individuals. Data in missing children bulletins are public data. Data that reflect deliberative processes or investigative techniques of law enforcement agencies are confidential data on individuals or protected nonpublic data, provided that information, reports, or memoranda that have been adopted as the final opinion or justification for a decision of a law enforcement agency are public data. Booking photographs are public data. Data that would reveal the identity of persons who are customers of a licensed pawnbroker, secondhand goods dealer or scrap metal dealer are private data on individuals. Data describing the property in a regulated transaction with a licensed pawnbroker, secondhand goods dealer or scrap metal dealer are public. Orders for Protection and No Contact Orders CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 13 and 299C.46, subd. 6 DESCRIPTION OF DATA: Data from orders for protection or no contact orders and data entered by law enforcement to assist in enforcement of those orders. Data about the offender can be shared with the victim for purposes of enforcement of the order. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Peace Officer Discipline Procedures CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6(p), 626.89, subd. 6 and 13.43 DESCRIPTION OF DATA: Investigative report made by a law enforcement agency in connection with a peace officer disciplinary matter; identities of confidential informants in such matters; identities of witnesses expected to testify in disciplinary hearings. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Peace Officer Records on Juveniles CLASSIFICATIONS(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.875, subd. 2, 260B.171, subd. 5. DESCRIPTION OF DATA: Peace officers’ records of children who are or may be delinquent or who may be engaged in criminal acts. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Reports of Gunshot Wounds CLASSIFICATION(S): Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (a), 626.53 DESCRIPTION OF DATA: A report made by a health professional concerning a wound or injury arising from or caused by discharge of a firearm or inflicted by the perpetrator of a crime using a dangerous weapon other than a firearm. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Safe at Home Data CLASSIFICATION(S): Private/nonpublic GOVERNING STATUTE: Minn. Stat. §§ 13.805 and 5B.07 DESCRIPTION OF DATA: Data regarding the process for data sharing by the Bureau of Criminal Apprehension, the secretary of state and law enforcement agencies related to the Safe at Home program is nonpublic data. Data related to applicants, eligible persons and participants in the Safe at Home program are private data. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Sex Offender HIV Tests CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 5(b), 611A.19, subd. 2 DESCRIPTION OF DATA: Results of HIV tests of sex offenders must be handled in accordance with Minnesota Statutes Section 611A.19. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Sexual Assault Crime Victims CLASSIFICATION(S): Private GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3(e), 609.3471 DESCRIPTION OF DATA: Data that identifies a victim who is a minor, in records or reports relating to petitions, complaints or indictments made for criminal sexual conduct in the first, second, third or fourth degrees. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Undercover Buy Fund CLASSIFICATION(S): Confidential / Private / Public GOVERNING STATUTE: Minn. Stat. §§ 13.6905, subd. 13, 299C.065, subd. 4 DESCRIPTION OF DATA: An application to the Commissioner of Public Safety for a grant pursuant to Minnesota Statutes Section 299C.065; information within investigative files that identifies or could reasonably be used to ascertain the identity of assisted witnesses, sources, or undercover investigators; information in a report at the conclusion of an investigation pertaining to the identity or location of an assisted witness. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Use of Motor Vehicle to Patronize Prostitutes CLASSIFICATION(S): Private/Public GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 3 (c) and 609.324, subd. 5 DESCRIPTION OF DATA: Notation in a driving record that the driver has used a motor vehicle to patronize prostitutes, but becomes public if the person has been convicted previously of patronizing a prostitute or another violation under Minnesota Statutes Section 609.324 or 609.322. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Videotapes of Child Abuse Victims CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.821, 611A.90 DESCRIPTION OF DATA: Videotapes in which a child victim or alleged victim is alleging, explaining, denying, or describing an act of physical or sexual abuse. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Vulnerable Adult Report Records CLASSIFICATION(S): Private / Confidential GOVERNING STATUTE: Minn. Stat. §§ 13.871, subd. 6 (l), 626.557, subd. 12(b). DESCRIPTION OF DATA: Reports made pursuant to Minnesota Statutes Section 626.557 of possible incidents of maltreatment of vulnerable adults; identities of individuals making such reports. Employee Work Access: PD staff on an as needed basis as all or in part of specific work assignments. Issue Type Key Summary Assignee Reporter Status Created Updated Issue CRCI-31 US Postal Service Box - 38th Avenue Anne Norris Anne Norris In Progress 6/11/2015 13:28 6/11/2015 13:40 Issue CRCI-29 78XX - 58th Place - unkempt yard Anne Norris Anne Norris In Progress 6/11/2015 13:17 6/11/2015 13:40 Issue CRCI-27 57XX Brunswick - storm damaged boulevard tree Anne Norris Jeff Kolb In Progress 5/1/2015 0:00 6/11/2015 13:40 Issue CRCI-19 67XX - 58th Avenue North - questionable relocation of gas meter Anne Norris Jeff Kolb In Progress 4/1/2015 0:00 6/11/2015 13:41 Issue CRCI-18 Bassett Creek Park - debris dumping, garbage Anne Norris Jeff Kolb New Issue 4/1/2015 0:00 6/10/2015 21:19 Issue CRCI-17 56XX Yates - overnight parking in street Anne Norris Jeff Kolb In Progress 4/1/2015 0:00 6/11/2015 13:41 Issue CRCI-15 60XX - 34th Avenue - boulevard tree Anne Norris Jeff Kolb In Progress 4/1/2015 0:00 6/11/2015 13:41 Issue CRCI-14 50th and Florida - stop sign request Anne Norris Jeff Kolb In Progress 3/1/2015 0:00 6/11/2015 13:41 Issue CRCI-13 63XX 61st Avenue - no garbage collection, junk in yard Anne Norris Jeff Kolb In Progress 3/1/2015 0:00 6/11/2015 13:41 Issue CRCI-11 58XX Regent - unkempt yard Anne Norris Jeff Kolb New Issue 2/1/2015 0:00 6/10/2015 21:19 Issue CRCI-10 59XX Regent - tree issue Anne Norris Jeff Kolb In Progress 2/1/2015 0:00 6/11/2015 13:42 Issue CRCI-9 Street striping - 38th & Louisiana Anne Norris Jeff Kolb In Progress 1/1/2015 0:00 6/11/2015 13:42 Issue CRCI-8 36xx Georgia Avenue - placement of Century Link equipment in right-of-way Anne Norris Jeff Kolb In Progress 1/1/2015 0:00 6/11/2015 13:42 Issue CRCI-7 Heathers Pond (3000 Douglas) - maintenance Anne Norris Jeff Kolb In Progress 11/1/2014 0:00 6/11/2015 13:42 Open Issues (JIRA) Displaying 14 issues at 06/11/15 1:44 PM. Generated at Thu Jun 11 13:44:20 CDT 2015 by Anne Norris using JIRA 6.5-OD-05-041#65001-sha1:e07c9f6ede7074bd21de4ab8b492355afe6390de. 1 of 1