Advisory Opinion 00-026

Facts and Procedural History:

For purposes of simplification, the information presented by the person who requested this opinion and the response from the government entity with which the person disagrees are presented in summary form. Copies of the complete submissions are on file at the offices of IPA and, except for any data classified as not public, are available for public access.

On May 31, 2000, IPA received a letter from James E. Hulbert. In this letter, Mr. Hulbert asked the Commissioner to issue an advisory opinion regarding his right to gain access to certain data maintained by City of Greenwood.

In response to Mr. Hulbert's request, IPA, on behalf of the Commissioner, wrote to Sandra R. Langley, an employee of the City of Deephaven, who provides administrative services to Greenwood under contract. The purposes of this letter, dated June 1, 2000, were to inform her of Mr. Hulbert's request and to ask her to provide information or support for the City's position. On June 13, 2000, IPA received a response from Mark W. Kelly, attorney for Greenwood. A summary of the facts of this matter follows.

In a letter dated January 31, 2000, Mr. Hulbert requested the following:

Please allow me to inspect the following public information regarding the city property at the end of West Street.

1. Minutes of the Planning Commission Meetings regarding West Street.

2. Minutes of the City Council Meetings regarding West Street.

3. Map of this property at the end of West Street.

4. Any investigations done on this property at the end of West Street and the findings of these investigations.

5. Any Resolutions and or Ordinances related to this property at the end of West Street.

According to Mr. Hulbert, he made his request to the Deephaven City Administrator, and was required to pay a $50.00 deposit. He wrote:

My request to inspect was not met, and I was informed that they would get back to me when and if I could have access to it.

Over three months have passed, and I still have been refused the right to inspect any of the requested information. I have not received a refund for my deposit' and have heard nothing from City Hall on the status of my request.

In his response to the Commissioner, Mr. Kelly stated: . . . shortly after the City of Deephaven Administrator received [Mr. Hulbert's] request, he phoned [Mr. Hulbert] and left a voice mail message to the effect that the City was in receipt of his request but that the scope of the request was too broadly stated for the City Staff to knowingly respond in a practical manner.

Mr. Kelly stated that the City does not index its meeting minutes, Resolutions or Ordinances relative to West Street. He said citizens may not demand that the City provide research services. Mr. Kelly wrote: [d]espite the voice mail message left [for Mr. Hulbert], the City Staff has not heard from him; he has not clarified his request.

Issues:

In his request for an opinion, Mr. Hubert asked the Commissioner to address the following issues:

Pursuant to Minnesota Statutes, Chapter 13, may the City of Greenwood require a $50.00 deposit as part of a request to inspect government data? Pursuant to Minnesota Statutes, Chapter 13, has the City of Greenwood responded appropriately to a January 31, 2000, request for access to government data?

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Discussion:

The Commissioner previously addressed the issue of the provision in Greenwood City Ordinance No. 127 that requires a person seeking access to government data to pay a $50.00 deposit. In Advisory Opinion 00-015, the Commissioner opined that according to section 13.03, subdivision 3 (a), the City may not require a cash deposit in order to inspect government data.

In his response to the Commissioner regarding Mr. Hulbert's request, Mr. Kelly stated:

Please observe that the Greenwood ordinance in question never authorized or provided for the charging of a $50.00 deposit to inspect public data. Rather, the ordinance anticipated the need to collect a deposit where the costs of preparing, collating, copying and disseminating data requested would be incurred. This is in conformance with Minnesota Statutes Section 13.03 which specifically states: The responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data...' [Emphasis his.]

The Commissioner disagrees with Mr. Kelly. The provision of section 13.03 Mr. Kelly cites, namely subdivision 3 (c), provides, in relevant part: [i]f a person requests copies or electronic transmittal of the data to the person, the responsible authority may require the requesting person to pay the actual costs of searching for and retrieving government data, including the cost of employee time, and for making, certifying, compiling, and electronically transmitting the copies of the data or the data. . . . (Emphasis added.)

Mr. Hulbert clearly stated that he was seeking to inspect government data. He did not ask for copies or electronic transmittal of data. The Commissioner reiterates his conclusion in Advisory Opinion 00-015: Greenwood may not require a $50.00 deposit in response to a request to inspect government data.

Regarding the second issue, Mr. Hulbert and Mr. Kelly disagree about whether the City contacted Mr. Hulbert after he made his January 31, 2000, request to inspect government data. Mr. Hulbert says there was no subsequent contact; Mr. Kelly says the Deephaven City Administrator left Mr. Hulbert a voice mail message. The Commissioner cannot determine whose version is correct. However, we disagree with Mr. Kelly's assertion that Mr. Hulbert's request required clarification.

Mr. Hulbert clearly requested access to inspect data in meeting minutes, investigations, ordinances or resolutions relating to City property at the end of West Street. He also asked to see a map of the property.

Mr. Kelly is correct that Greenwood is not obligated under Minnesota Statutes, Chapter 13, to provide research services. Neither is the City obligated to index its data by any specific criteria. However, pursuant to section 13.03, subdivision 3, Greenwood is obligated to search for and retrieve government data, and to maintain its data such that they are easily accessible for convenient use. In this case, Mr. Hulbert provided criteria that would enable Greenwood to identify and retrieve the specific data he was seeking.

In addition, Mr. Kelly stated: [a]s regards a request for a map of the property at the end of West Street, those have always been available at the City Office on request. Accordingly, Mr. Hulbert should have been shown a map at the time of his request.

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Opinion:

Based on the facts and information provided, my opinion on the issues raised by Mr. Hulbert is as follows:

Pursuant to Minnesota Statutes, Chapter 13, the City of Greenwood may not require a $50.00 deposit as part of a request to inspect government data. Pursuant to Minnesota Statutes, Chapter 13, the City of Greenwood has not responded appropriately to a January 31, 2000, request for access to government data. Pursuant to section 13.03, the City is obligated to search for and retrieve data responsive to the request, and make it available for inspection free of charge.

Signed:

David F. Fisher
Commissioner

Dated: July 12, 2000

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