Victoria MN Newspaper-The Scoop at City Hall

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REQUESTS FOR DATA “NOT TYPICAL”

VICTORIA ATTORNEY SEEKS CLARIFICATION

City Attorney Bob Vose spoke March 9th in regard to several requests for information from the city under the Data Practices Act.

"Additional requests came in last week," he said. "They focused on data in the possession of councilmembers -- emails and documents not in possession of the city, but data in councilmembers' possession. The requests are quite broad and ambiguous, in my opinion, and novel. I am going to request clarification."

Attorney Vose pointed out that it's only recently that Victoria has city email accounts for councilmembers. "The way we operated in the past is very typical," he said. "The request is not typical. It's not focused. I'm going to seek clarification."

Mayor Tom O'Connor commented, "It is our policy to respond promptly. This is something we do routinely and it's our responsibility to reply." The mayor stated that the request for emails and data records only applies to himself and Councilmember Jim Crowley at this time.

Stated Councilmember Tom Strigel, "I'm shocked to hear there have been 22 data requests since August of 2013."

"That is a lot of requests for a city like Victoria," agreed Attorney Vose. "I have found that your staff is very good at this. You are prepared to do this. Your staff spends a fair amount of time responding to the requests. There is a cost to the city. Should you budget for this? That's a question you'd have to answer."

Councilmember Strigel asked if the city is adequately staffed to respond to the continual requests for data. "Is it impacting operations in other ways?" he asked.

Replied City Manager Laurie Hokkanen, "Our city clerk is spending a significant amount of time on their requests. We're trying to find ways to get that information without unduly affecting staff time."

Advised the city attorney, "Your primary job is to be responsive to the public."

Laurie stated that the public can reach councilmembers simultaneously by emailing council@ci.victoria.mn.us.

March 23rd

City Manager Laurie Hokkanen reported that the City of Victoria is looking to hire Shepherd Data Services and Kennedy and Graven to assist in complying with the recent requests for data. Estimated cost is $2,000 to $3,500 not including legal fees.

Data requests are seeking information in possession of individual councilmembers, not data in possession of the city.

"Normally I don't review all data practice requests with the City Council," said Laurie, "but these two requests were unique, making requests for data of individual councilmembers. We've been working diligently on the mechanics of the request -- with the city attorney and City Clerk Jennie Kretsch -- to provide the information being sought."

"Shepherd is a private company that facilitates this kind of work. There will be information that is not city business. We have a responsibility to protect that private data. Shepherd Data Services will help us accomplish these goals and to respond in a timely manner."

Resident Peter O'Gorman read a lengthy statement at this time.

Afterwards City Attorney Bob Vose replied, "Some time ago the councilmembers didn't have emails through the city. That is a very common practice for cities around the state. The laws of Minnesota do not require that cities establish email accounts. It is not a surprise that councilmembers would have been contacted by personal email. That was the city's policy."

Replied Mayor Tom O'Connor, "Under the Data Practice Act we've complied fully with past requests and we're going to comply with this one. The difference is that we've been asked to provide our personal computers, and I doubt if there's anybody in this room who if asked to provide their personal computers for my review, how you'd feel about that. So we're being a little bit more careful with this request than with others."

Click here to continue Requests for Data.

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City of Victoria 952-443-2771

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