Advisory Opinion 07-023
November 9, 2007; City of Newport
Background & Issues
A member of the public asked the City of Newport for public complaint records regarding six police officers, but received no response or data after making multiple requests over several months. The city explained that the search was delayed due to limited staffing and older files stored across different formats. The Commissioner was asked whether the city complied with state public records law in its response to the request.
Commissioner Decision
The Commissioner determined that the City of Newport failed to comply with state public records law in handling the data request.
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Excerpted Ruling / ConclusionBased on the facts and information provided, my opinion on the issue that Mr. Hansen raised is as follows:
The City of Newport did not comply with Minnesota Statutes, Chapter 13, in its response to a May 29, 2007, request to inspect certain government data.
November 9, 2007; City of Newport
11/9/2007 10:14:43 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 September 11, 2007, IPAD received a letter, dated September 8, from Paul Hansen. In his letter, Mr. Hansen asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data from the City of Newport. IPAD requested clarification and additional information, which Mr. Hansen provided on September 24, 2007. In response to Mr. Hansen's request, IPAD, on behalf of the Commissioner, wrote to Larry Bodahl, City Administrator. The purposes of this letter, dated September 24, 2007, were to inform him of Mr. Hansen's request and to ask him to provide information or support for the City's position. On October 3, 2007, IPAD received a response, dated October 1, 2007, from Veid Muiznieks, Chief of Police for the City. On October 18, 2007, Mr. Bodahl submitted additional information. A summary of the facts as Mr. Hansen presented them follows. In a letter dated May 29, 2007, Mr. Hansen requested access to and inspection of the public portions of complaint data on six City police officers. Mr. Hansen stated that the City did not respond, so he wrote again, reiterating his request, on July 12, 2007. According to Mr. Hansen, as of the date of his opinion request, he had not received either a reply to my request or access to the data requested. In his comments to the Commissioner, Chief Muiznieks stated that Mr. Bodahl was out of the office until October 15. Chief Muiznieks wrote: Regarding the request for 'complaint' information on police officers from [Mr.] Hansen, I had begun a search sometime after [Mr.] Hansen first requested data. The issues I have before me are multiple in [Mr.] Hansen's request. First and foremost, the City of Newport has no administrative staff to search for 'complaint' data on the six (6) police officers (on two of whom [Mr.] Hansen misspelled names) named by [Mr.] Hansen. This leaves the search to me, the City of Newport Chief of Police. From day to day I am required to balance the needs of data requestors and other police issues. Secondly, the past Chief of Police may have placed 'complaint' information on different storage media during his twelve and one-half years of City of Newport Employment. Media include paper, 'floppy disks', C.D.'s, and computer files with different names and titles that need be searched. Lastly, some of the police officers named had careers dating to the mid-nineteen sixties and nineteen seventies. Some of the older files are more difficult to search because of filing technique and location and need to be hand searched. The City of Newport most certainly wishes all requestors to receive the data they wish and will continue to work toward providing the data in a 'reasonable' practical time frame.
Issue:
Based on Mr. Hansen's opinion request, the Commissioner agreed 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.) In addition, pursuant to section 13.03, subdivision 1, entities must keep records containing data in such an arrangement and condition as to make them easily accessible for convenient use. Chief Muiznieks wrote that the data apparently are filed in numerous places, on different storage media. He stated that the City does not have administrative staff available to respond to such requests like this, so that it is he who must respond. Chapter 13 confers upon individuals the right to request and gain access to data. Mr. Hansen asked for specific data, and the City is obliged to provide those data regardless of how they are filed. The fact that the City cannot easily locate data documenting complaints filed against police officers does not negate the City's obligation to respond in an appropriate and prompt manner, within a reasonable time. Chief Muiznieks also stated that some of the names of the officers were misspelled. If the City needed to clarify any aspect of Mr. Hansen's request it should have done so promptly upon receipt of his request. Mr. Hansen asked for the data on May 29, 2007, and the City has not yet provided him with access. This is not a timely response. Opinion:Based on the facts and information provided, my opinion on the issue that Mr. Hansen raised is as follows:
Signed:
Dana B. Badgerow
Dated: November 9, 2007 |