Data Practices Act Requests
Procedure for Review of MCWD Documents
Access to the data of public bodies, such as the Minnehaha Creek Watershed District (MCWD or District), is governed by the Data Practices Act (DPA), Minnesota Statutes Chapter 13. The DPA states that data of public bodies are to be available to the public unless specifically protected by law where individual privacy would be violated or where other valid concerns outweigh the interest in public availability. MCWD recognizes the public interest in open access to its data at the same time that it recognizes the public interest requires certain types of data not to be publicly available. It is the intent of the District to comply fully with the DPA statute and, where the DPA allows for the exercise of judgment, to exercise that judgment consistent with the public interests underlying the law.
All requests to inspect or receive copies of MCWD data, and all other inquiries regarding the DPA, must be in writing and delivered to the Data Practices Compliance Official. Requests to inspect or obtain copies of MCWD data must be in writing to ensure the response is timely and complete. The Data Practices Compliance Official will help ensure documents of interest have been gathered, documents not subject to inspection have been segregated, and assistance is available to the requesting party. MCWD will make requested data available for inspection at the MCWD Office.
Process Timeline
The DPA requires individuals be permitted to inspect or copy data within a reasonable time after a request. MCWD will attempt to respond to requests as quickly as possible. The response time will vary depending on the breadth of the request, the completeness and accuracy of the request, and the need to separate public data from protected data, if any.
MCWD may provide requested copies of data immediately or may advise that the copies will be provided as soon as reasonably possible thereafter. The ability to provide copies immediately depends on the number of copies requested, staff workload, and the need to deliver the data elsewhere for copies to be made (e.g., oversize documents, tapes, electronic data).
Protected Data
If MCWD determines certain data cannot be made available for inspection or copying, it will inform the individual of the classification of the data in question under the DPA and of the legal basis for denial of access. On the request of the individual, MCWD will certify in writing that the request has been denied and state the specific legal basis for denial.
Data Request Costs
There is no cost to inspect documents at the MCWD Office. If document copies are requested, the requesting individual will be charged 25 cents per page for up to 100 letter- or legal-sized black-and-white printed copies. There is no charge for delivery by email of less than 100 pages or the equivalent (as determined by MCWD) of data. Standard charges will apply for re-delivery of data in the event of failure of email delivery resulting from incapacity of the recipient’s email system. Copies of MCWD documents will not be certified as true and correct copies unless that is specifically requested. The fee for certification is $1 per document or part thereof.
With respect to oversize copies, tapes, electronic data, photographs, slides, and other formats, the requesting individual will be responsible for the actual cost incurred by MCWD to make copies, except that there is no charge for electronic delivery of less than 100 pages of data or the equivalent (as determined by MCWD).
An individual requesting copies or the electronic transmittal of more than 100 pages of data is responsible to pay MCWD the actual cost, including the cost of staff time to search for and retrieve data and to make, certify, compile, and transmit copies. Staff-time cost will be assessed based on established hourly rates. MCWD will not charge for staff time needed to separate public from protected data.
If an individual so asks, before copies are made, MCWD will advise of the approximate number of pages of documents responsive to a request or the likely cost of responding to the request. If payment is required, it will be made in advance to MCWD via check or credit card. At this time, an individual may request how the documents are transmitted, including via email, drop box, or some other agreed upon option.
When an individual asks for a copy of data that have commercial value and were developed with a significant expenditure of public funds by MCWD, the District may charge a reasonable fee that relates to the actual cost of developing the data. As a condition of making certain commercially valuable data available, MCWD may require execution of a license agreement defining allowable use or further distribution.
The MCWD fee schedule is as follows:
| Fee Type | Cost |
| MCWD Professional Staff | $70.07 per hour |
| MCWD Administrative Staff | $50.74 per hour |
| Consulting Engineer/Technician | Contracted Rate |
| District Counsel | Contracted Rate |
| B&W Copy Costs (8½ x 11 page) | $0.25 + actual staff time |
| Color Copy Costs (8½ x 11 page) | $1.00 + actual staff time |
| Electronic Records | Cost of Production |
Submit a Data Request
DPA requests can be submitted to the Data Practices Compliance Official via email, mail, or the electronic form below. MCWD will be able to most efficiently and completely respond to requests that are specific and detailed.