HomeMy WebLinkAboutResolutions - 2016.10.06 - 22613MISCELLANEOUS RESOLUTION #16267 October 6, 2016
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: INFORMATION TECHNOLOGY — OPEN DATA POLICY
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Public Act 462 of 1996, the Enhanced Access to Public Records Act, being MCL 15.441 et
seq. (the "Act"), allows public bodies to provide at no charge enhanced access for inspection and copying
of a public record or Geographic Information System (GIS) Data that is not confidential or otherwise
exempt by law from disclosure; and
WHEREAS in the interest of transparency and making information freely available to the public, Oakland
County desires to make certain data available to the public on an open data portal free of charge; and
WHEREAS making certain data available to the general public on an open data portal free of charge will
foster civic engagement through data sharing, increase the trust and improve the relationship between
citizens, business, and government agencies, and enable businesses and other citizen enterprises to
make use of government data to promote economic development and increase investment; and
WHEREAS the Act requires that a public body who wishes to provide such enhanced access, must
produce a policy, approved by the governing body; and
WHEREAS the Department of Information Technology together with Corporation Counsel has drafted an
Open Data Policy attached hereto.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves and
adopts the attached Open Data Policy.
Chairperson, on behalf of the Finance Committee, I move the adoption of the foregoing resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
OPEN DATA POLICY
Oakland County, Michigan
September, 2016
1. PURPOSE
a. In the interest of transparency and making information freely available to the public,
Oakland County desires to implement an Open Data Policy. Under this policy, Oakland
County will make certain data available on an open data portal free of charge.
b. Making this data available to the general public on an open data portal free of charge has
numerous benefits, including, but not limited to:
i. fostering civic engagement through data sharing between government agencies,
citizens, businesses, and other community organizations;
increasing the trust and improving the relationship between citizens, business, and
government agencies; and
enabling businesses and other citizen enterprises to make use of government data
to promote economic development and increase investment.
2. DEFINITIONS
a. "Geographic Information System Data" or "GIS Data" means the output from a
Geographic Information System as defined by MCL 15.442(6) or the saved output (data
.file).
b. "Open Data Portal" means a publicly-accessible web portal to access Open Data that is
provided and maintained by Oakland County.
c. "Open Data" means a public record or GIS Data that is published on the Open Data
Portal.
d. "Person" means that term as defined in Section 2 of the Freedom of Information Act,
1976 P.A. 442, and being Section 15.232 of the Michigan Compiled Laws.
e. "Public Body" means that term as defined in Section 2 of the Freedom of Information
Act, No. 442 of the Public Acts of 1976, and being Section 15.232 of the Michigan
Compiled Laws.
f. "Public Record" means that term as defined in Section 2 of the Freedom of Information
Act, No. 442 of the Public Acts of 1976, and being Section 15.232 of the Michigan
Compiled Laws.
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3. AUTHORIZATION
a. Pursuant to the Enhanced Access to Public Records Act, 1996 P.A. 462, Oakland County
may provide GIS Data or a public record's immediate availability for inspection and
copying by digital means as long as the GIS Data or public record is not confidential or
otherwise exempt by law from disclosure.
b. This Open Data Policy does not require Oakland County to provide, publish, keep, or
provide access to any specific Public Record, GIS Data, or Open Data on the Open Data
Portal,
4. PUBLICATION OF OPEN DATA
a. Oakland County shall establish and maintain an Open Data Portal where access to Open
Data will be provided.
b. Except as otherwise provided in the Terms of Use on the Open Data Portal, Oakland
County shall not impose restrictions upon a Person to retrieve, download, sort, search,
and reuse Open Data for any lawful purpose.
c. Oakland County shall not charge a fee for providing access to Open Data.
d. This Open Data Policy shall only apply to Open Data.
5. PROCESS FOR PUBLICATION OF OPEN DATA
a. The Oakland County Department of Information Technology is responsible for providing
access to and maintaining the Open Data Portal.
b. A Public Record or GIS Data that is exempt from disclosure under the Michigan Freedom
of Information Act, 1976 P.A. 442, shall not be published on the Open Data Portal.
c. Oakland County elected officials, department heads, agencies, boards, commissions, and
councils that are legally responsible for the creation, preparation, ownership, custody,
control, maintenance, preservation, guardianship, retention, possession, or use of the
Public Record or GIS Data shall select and/or approve, prior to publication on the Open
Data Portal, which Public Records or GIS Data may be published on the Open Data
Portal.
d. Principles and policies to be considered in determining which Public Records or GIS
Data may be published on the Open Data Portal include, but are not limited to, the
following:
i. whether the Public Record or GIS Data will primarily benefit the general public
or serve an educational purpose;
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whether the Public Record or GIS Data will benefit public health or safety;
whether the Public Record or GIS Data will benefit non-profit research, such as
academic or public interest research;
iv. whether the Public Record or GIS Data will enable businesses and other citizen
enterprises to make educated decisions regarding economic development and
investment;
v. whether the Public Record or GIS Data contains information that will uniquely
identify a particular Person and constitute a clearly unwarranted invasion of
personal privacy;
vi. whether the Public Record or GIS Data contains information that will compromise
the safety or security of building or dwelling; or
vii. whether the harm of publishing the Public Record or GIS Data outweighs the
public benefit.
6. DISCLAIMER
a. Open Data is only for informational purposes and is provided "AS IS." Oakland County
does not warrant or guarantee the completeness, accuracy, or content of the Open Data.
Oaldand County, its officers, officials, employees, agents, volunteers, or contractors
make no warranties of any kind, including but not limited to warranties of accuracy,
fitness for a particular purpose, or of a Person's right to use the Open Data.
b. The Oakland County Department of Information Technology shall provide a Terms of
Use on the Open Data Portal, which shall include a disclaimer substantially similar to the
above disclaimer in subsection (a), that the Oakland County Department of Information
Technology and Corporation Counsel deem necessary and appropriate.
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Resolution #16267 October 6, 2016
Moved by Fleming supported by Bowman the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Dwyer, Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Kochenderfer,
KowaII, Long, McGillivray, Middleton, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman,
Crawford, (20)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
GERALD D. POISSON
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PLANIJANT T MM. 4S:559A(7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October 6,
2016, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 6th day of October, 2016,