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-e-1ch t-ta ndb~-~- $~~1 ~D$ <br />Bill Malinen <br />From: Carolyn Curti <br />Sent: Monday, August 11, 2008 2:18 PM <br />To: *RVCouncil <br />Cc: Jay Squires (jts@ratwiklaw.com); 'Kimberley K. Sobieck' <br />Subject: FW: Data Practices question; 4002(1)-1 <br />Mayor and Councilmembers, <br />A Councilmember raised the question about why comments from the commissioners where marked <br />confidential. I raised the question, wondering if appointed applicants are protected under <br />the data practices act.. We had consulted with the City Attorney on the question. Here is <br />the response which was provided. <br />Carolyn Curti <br />From: Kimberley K. Sobieck [mailto:ksobieck~ratwiklaw.com] <br />Sent: Wednesday, August 06, 2008 4:44 PM <br />To: Carolyn Curti <br />Cc: Jay T. Squires <br />Subject: Data Practices question; 4002(1)-1 <br />Carolyn, <br />You asked about the data practices classification of the recommendations that were written <br />about the commissioner applicants after the applicants were interviewed. In short, the <br />data is private. <br />Minn. Stat. Sec. 13.601 was amended during the 2008 legislative session. This statute now <br />reads: <br />(a) Data about applicants for appointment to a public body collected by a government <br />entity as a <br />result of the applicants application for appointment to the public body are private data <br />on <br />individuals except that the following are public: <br />(1) name; <br />(2) city of residence except when the appointment has a residency requirement that <br />requires the entire address to be public; <br />(3) education and training; <br />(4) employment history; <br />(5) volunteer work; <br />(6) awards and honors; <br />(7) prior government service; and <br />(8) any data required to be provided or that is voluntarily provided in an application <br />for appointment to a multimember agency pursuant to section 15.0597. <br />(b) Once an individual is appointed to a public body, the following additional items <br />of data are public: <br />(1) residential address; and <br />(2) either a telephone number or electronic mail address where the appointee can be <br />reached, or both at the request of the appointee. <br />(c) Notwithstanding paragraph (b), any electronic mail address or telephone number <br />provided by a public body for use by an appointee shall be public. An appointee may <br />use an electronic mail address or telephone number provided by the public body as the <br />designated electronic mail address or telephone number at which the appointee can be <br />reached. <br />The written recommendations fall within Minn. Stat. Sec. 13.601. The commissioner <br />1 <br />