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Mayor Klausing responded that Councilmember Johnson's concerns were valid from a <br />public policy standpoint, when elected officials should be encouraged to participate <br />through public venues in expressing their viewpoints to their constituency; but opined <br />that any policy should be consistent with state statute and the spirit of public discussions. <br />City Attorney Anderson noted that this draft was a working draft, and encouraged <br />Councilmember comment and input. <br />Mayor Klausing concurred with Councilmember Pust's concerns for retention of items on <br />home computers; whether retention was necessary if items had gone through staff at City <br />Hall where they would naturally fall into record retention categories; and whether <br />communication of advisory boards to the City fell within this framework and policy as <br />well. <br />City Manager Malinen advised that he needed to further consult with the City's <br />Information Technology staff on record retention practices; and referenced comment <br />received from Planning Commissioner Daniel Soerigter related to this matter and <br />advisory commissions. <br />Councilmember Pust opined that she didn't appreciate the tone or focus of the proposed <br />policy, and the comment about trying not to put things on paper so they could be <br />construed as public data; when it was the intent and interest of the City Council to <br />transparently comply with the Open Meeting Law and Minnesota Data Practice Act. <br />Further discussion included individual City Councilmember correspondence with <br />citizens, and when it became public information; removal of liability issues for the City <br />once a document was legally obtained from a government entity and came into the public <br />domain; and interpretation of uses of such data or using citizens as surrogates in forging <br />decisions privately and not in the public venue. <br />Councilmember Ihlan addressed the purpose statement on Page 1, second paragraph; and <br />suggested that the language mirror that of the Data Practices Act related to <br />correspondence between elected officials and individuals. <br />City Attorney Anderson so noted. <br />Councilmember Ihlan opined that the disclaimer as addressed by City Manager Malinen, <br />seemed confusing and unnecessary. <br />Mayor Klausing concurred; and questioned if it actually served a good public policy <br />purpose, and may actually make citizens less willing to correspond with their elected <br />officials if they thought the information was going to be shared. <br />City Attorney Anderson advised that his firm would work on the confidentiality concerns <br />as discussed; noting that the most common privacy issue was personnel and/or discipline <br />issues; and those would be the only practical things requiring a standard disclaimer. <br />