HomeMy WebLinkAbout01-03-2000 Public Records PolicyW
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LAW OFFICES
AIVIARI & TIm"RIAC, P.A.
Attorney. snd Courekelors At Lair
Richard S. Atnuri
Nicholas B. Bawos'
Kobe Bennett
Bradly Roger Bettin, Sr.
Anthony A. Garganese +
Mitchell S. Goldman
J. weuley Howie
Matthew J. Monaghan
Mark S. Peter%
David M. Presnick
Charle% R. Steinberg
James S. Theriac, III
*Admitted AL, FL
.Board Certified City, County, & Local Governinent Law
Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
1126 E. State Road 434
Winter Springs, Florida 32708
RE: Public Records Policy
Dear Andrea:
Reply To: Cocoa P.O. Box
January 3, 2000
P. 2
Mariner Square
96 Willard Street, Suite 302
P.O. Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plazu
Suitt B104
6769 N. Wickham Road
Melbourne, Florida 32940
'retephtme (321) 259-6611
Fax (321) 259-6624
1 am transmitting a second draft of the resolution adopting a Public Records Policy which
reflects the changes discussed at the staff meeting last Thursday.
Please review and contact me at your earliest convenience to finalize the resolution for the
upcoming City Commission agenda.
Anthony A. Garganese, City Attorney
AAG: ccr
Attachments
It. it re AiAm m Vuhiie Rmw4, Polity Amended..Pd
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RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA, ESTABLISHING THE PUBLIC RECORDS
POLICY OF THE CITY OF WINTER SPRINGS, PROVIDING FOR
REPEAL OF PRIOr- INCONSISTENT RESOLUTIONS OR MOTIONS;
PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission deems it is in the best interests of public health, safety,
and welfare of the citizens of Winter Springs to establish a public records policy to provide the
public with access to public records while at the same tirne safeguarding the Dublic records and
insuring the orderly function of the City of Winter Springs, Florida.
NOW, THEREFORE, THE FOLLOWING PUBLIC RECORD POLICY IS
HEREBY ESTABLISHED BY THE CITY COMMISSION:
edjon 1 Established - Public Records Policy of the CitY of Winter Springs, Florida.
A) SHORT Tir E This resolution and any amendments or modifications thereto
shall be known and cited as "the Public Record!; policy of the City of Winter Springs, Florida."
B) _Ajd,I_CAT�N This policy shall uniformly apply to all requests for public
records made to the City and its departments and personnel.
C) pUR�E The purpose of this policy is to comply with the public records law of
the `hate of Florida <ind to set forth policy and procedures for providing public accessibility to public
records while at the same time safeguarding the public records from alteration, damage, theft, or
destruction.
D) M(—JC _
It is the policy of the City of Winter Springs that all public records, except those exempted
by law, shall at all times be open for personal inspection, examination, or copying by any person
accordance with Chapter 119, Florida StatutesCealand
the
lregardleof the City of ss of the `umber
inter
Springs, The City will endeavor to prod public records requested
of documents involved or possible inconvenience to the City.
E) PF NITIQns The following words used herein shall have the meaning
ascribed below:
1. "Actual Cost of Duplication" means the cost of the material and supplies used to
duplicate the public record, but does not include the labor cost or overhead cost associatedwith such
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duplication.
2. "Custodian" means any person who has supervision and control over a public record
or legal responsibility for its care, keeping or guardianship including, but not limited to, the City Clerk
and the department custodian required herein.
3. "Public Records" means all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other materials, regardless of
physical form, characteristics, or means of transmission made or received pursuant to law or
ordinance or in connection with the transaction of official business by the City of Winter Sprints.
F) GENERAL GUID'EWNES
1. All Custodians shall permit the inspection and examination of public records by any
person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision
of the Custodian of the public record or the Custodian's designee.
(a) Reasonable Time. An automatic delay in producing public records shall not
be imposed before allowing access to public records. However, the Custodian shall be allowed a
reasonable time to retrieve the public records and delete those portions of the record the Custodian
asserts are exempt from public records disclosure. If satisfying the request immediately Would unduly
interfere with the operation of the department, however, the Custodian will arrange a mutually
satisfactory time for fullfilling the request. This will vary according to the circumstances of the
request for public records including, but not limited to, the number of records requested and
reviewed, the number of years of public records requested and reviewed, the department's filing
system, storage of records, and any other factor affecting the retrieval and copying of public records.
Upon request by an individual or as deemed appropriate by the Custodian, a written receipt may be
provided which will acknowledge the public records request, the date and time of such request, and
the apporximate date and time the individual can pick up the public records requested.
(b) Reasonable Conditions. The Custodian shall neither prohibit the inspection
and copying of public records nor create burdensome constraints designed to preclude such inspection
and copying. Notwithstanding, the Custodian shall, as circumstances dictate, take appropriate and
reasonable steps that would permit the Custodian to protect public records from alteration, damage,
theft or destruction.
2. Custodians should be familiar with the following requirements of the Florida Public
Records law when a public records request is made to inspect or copy a record and the Custodian
should advise the public of the same when appropriate:
(a) Individuals are not required to identify themselves or make the request in
City of Winter Springs
Public R,ocords Policy
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person, in writing or any other particular format, nor give a reason for such request;
(b) Individuals may not be denied access to public records due to the lack of
specifics of the record they wish to inspect or copy;
(c) Computerized public records are governed by the same rule as written
documents and other public records. Information stored on a computer is as much a public record
as a. written page or a tabulation in a file stored in a file cabinet.
(d) Custodians are not required to verbally give out information contained in a
public record. The Custodian's obligation is to provide access to, or copies of, the public records
being requested.
(e) Custodians are not required to produce records in a particular form or format
as demanded by the requestor, nor tailored to the requestor's specific needs. If a particular form or
format of a public record does not exist because it is not ordinarily created, filed, produced,
maintained, or used in that form by the City, a Custodian is not required, upon request, to create that
public record in such form or format.
(f) If any attorney requests to inspect or copy public records regarding a pending
lawsuit which the City is a party, the City Attorney shall be promptly contacted and advised of the
request. The City Attorney will determine the City's response to the request.
(g) A special service charge or fee may not be imposed for the mere inspection and
exarvnation of public records by the general public unless the nature or volume of the public records
to be inspected is such as to require extensive use of information technology resources or extensive
clerical or supervisory assistance. As set forth in section J of this public records policy, a special
service charge or fee shall be required when extensive use of information technology resources or
extensive clerical or supervisory assistance is required to locate, review for confidential information,
copy and re -file requested public records.
(h) Custodians should advise those individuals requesting copies of public records
that may be copyrighted that copying such records may be subject to federal copyright laws and
penalties.
3. If a public records request is insufficient to identify the records sought, the Custodian shall
promptly notify the requestor that more information is needed in order to produce the records.
G) DESIGNATED CUSTODLA.NS
1. The City Clerk is hereby designated the supervisor of public records for the City of Winter
Springs. To that extent, the City Clerk shall have full authority to manage and coordinate the
City of Hinter Springs
Public Records Policy
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inspection and copying of public records requested by the general public consistent with this Policy.
The City Clerk shall be the Custodian of public re-oords generated and received by the Mayor and City
Commission and insofar as practicable, the Custodian of vital, permanent, or archival records of the
City.
2. Each department, ¢hector of the City is; hereby designated Custodian of public records for
their respective departments and the director may designate an assistant witNn their department for
purposes of implementing this Policy. The Custodian will be responsible for handling, in coordination
with, and at the direction of, the City Clerk, requests for public records which are relevant to the
department, whether the request is made directly to the department, to the City Clerk, or any other
City personnel.
H) PROCEOUgF
1. All requests to inspect and copy public records shall be managed by, and coordinated
through the City Clerk in accordance with this public records policy. The City Clerk will create and
maintain a public record's log for noting requests made for public records, the date and time of the
request, the information requested, the date and time the request was completed, fees and special
service charges (if any), and any other information deemed pertinent by the City Clerk to efficiently
manage public records requests.
2. Should any person request public records directly from any department (other than the City
Clerk and the Police and Fire Departments), the department's Custodian shall promptly notify the
City Clerk of the request. The City Clerk will immediately log the request and coordinate with the
department's Custodian, and any other department which may have a public record being requested,
the retrieval and/or copying of the public records. The City Clerk and the department's Custodian
will ensure that the inspection and copying of the public records request has been completed and
delivered to the requestor.
3. Should any person request public records directly from the Police or Fire department, and
the public records are on file with the police or fire department, the department's Custodian shall
handle the request for public records. Public records not on file with the fire or police department
shall be coordinated. with, and handled by, the City Clerk. The police and fire departments shall each
keep a public record's log of requests made to the department in a form provided by the City Clerk.
Copies of the log shall be provided to the City Clerk for tracking purposes.
4 The City Cleric shall handle all requests for public records on file with the City Clerk.
5. Should the City Clerk receive a request for public records which are not on file with the
City Clerk, the City Clerk shall forward said request to the affected department and the department's
Custodian shall be responsible for retrieving and/or copying the public records and forwarding them
to the City Clerk in accordance with this public records policy,
City of winter Springs
Public Records Policy
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6. To the extent feasible and in order to avoid disrupting the day-to-day operations of City
business, the City Manager shall establish a designated area or areas at City Hall, the Police
Department and Fire Station 24, for the purpose of safeguarding public records from alteration,
daniage, theft, or destruction and allowing, the general public the opportunity to inspect public
records.
7. Should any person making a request for public records from any department of the City
feel that the department has restricted or circumvented their right to inspect public records, said
person shall make their request to the City Clerk for resolution,
8. The Mayor/City Commission, City Manger, and City Attorney will be advised immediately
of any i`ormal citizen or news media complaints and lawsuits filed against the City regarding access
to public records.
1. Florida law provides that some public records are confidential and exempt from
public records disclosure. It is the policy of the City of Winter Springs that exempt and confidential
public records shall not be disclosed to the public. All Custodians shall take reasonable steps to
ensure that exempt and confidential records are not improperly released to the public
2. Any Custodian who has a question regarding whether a certain public record,
or portion thereof, is exempt or confidential should address the matter with their department director.
If the department director can not determine wherher the public record is exempt or confidential, the
City Clerk should be contacted to address the matter. If the City Clerk can not make such a
determination, the City Attorney shall be contacted to determine whether a public record should be
declared by the City to be exempt from public records disclosure or confidential. A record referred
to the City Attorney for review shall not be made public until the City Attorney has made a final
determination of the legal questions presented, The City Attorney shall review all public records
requests which present a legal question as to whether a record contains information which is
confidential or exempt.
3. If the Custodian asserts that a record, or part of a record, is exempt from
public records disclosure, the Custodian shall deny the public records request and state to the
requestor the basis of the exemption which the Custodian believes is applicable to the record,
including the statutory citation to the exemption. Additionally, upon request by the requestor, the
Custodian shall state in writing and with particularity the reasons for asserting the exemption and
denying the public records request.
4. If the Custodian asserts that only a portion of a record is exempt or
confidential, the Custodian shall delete or redact the exempt or confidential portion of the record and
produce the remainder of the record which is not exempt or confidential. A Custodian may comply
City of Winter Springs
Public Records Policy
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with this subsection by using any reasonable method which maintains and does not destroy the
exempted portion while allowing public inspection of the nonexempt portion.
5. Any public record related to a federal agency which contains information that
is suspected of being confidential, and said record is deemed public and open for inspection and
copying by Florida law, should be examined to determine whether a federal statute (i.e. The Freedom
Of Information Act, U.S.C. Section 552) requires the particular information to be exempt from public
disclosure.
J) FEES
as follows:
Any person requesting copies of public records shall be charged a copying fee,
(a) Fee for Duplication of Public Records
14"x8-1/2" or less - one sided
1.4"x8- l /2" or less - two sided
1 Vx17n
14-7/8"xl l" (greenbar,computer)
All other printed copies
Tapes/Disks
(b) Cert'fir ed copy:
$0.15
$0.20
$0.25
$0.25
Actual cost of duplication
Actual cost of duplication
1n addition to the actual cost of duplication, a $1.00 fee shall be charged for each
certified. copy of a public record.
(c) fee, for Extensive Clybcalor Sup - Assistance.
if the nature or volume of public records requested to be inspected, examined, or
copied is such as to require extensive use of information technology resources or extensive clerical
or supervisory assistance by personnel of the department, City Clerk, or City Attorney involved, in
addition to the actual cost of duplication, a special service charge may be imposed. The actual charge
shall be reasonable and based upon the labor costs actually incurred or attributable to the City for the
clerical and supervisory assistance required of such personnel providing the service.
The amount to be charged shall reflect the actual hourly rate of the individuai
providing the service. In keeping with the City of Winter Spring's commitment to provide open
access to pubic records, there will be no special service charge for requests requiring thirty (30)
minutes or less in actual labor. However, when a person requests public records which require more
than thirty minutes in actual service to locate, review for confidential information, copy and re -file
City of Winter Springs
Public Records Policy
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requested public records, the person will be charged for all time expended above thirty minutes.
Based upon the length of time estimated to provide the service and the cost of copying, a reasonable
deposit may be collected prior to the cost actually being incurred. Monies collected exceeding the
actual cost of assistance and copying shall be returned to the person requesting the public records.
2. Nothing herein shall prohibit the City from providing free copies of public records to
the news media, government agencies, and public service charitable groups for purposes of
disseminating infortnation to the public, such as, copies of City newsletters, City Commission and
other City board agendas, and press releases.
K) DESTRTJCT_ION OF PUBLIC RECORDS
Pursuant to the requirements of section 119.041, Florida Statutes, the City Clerk shall
systematically dispose of public records no longer needed by the City, subject to the consent of the
records and information mana;ement program of the Division of Library and Information Services
of the Department of State.
I') $ >LATIONSHIP TO i'LORIDA AND FEDERAL PUBLIC BLIC RECORDS LAWS
Nothing herein is intended in any way to conflict with or abrogate chapter 119, Florida
Statutes, or any other applicable Florida or federal laws. In the event of any conflict between this
Policy and any Florida or federal law, the conflicting provision of the Florida or federal law shall
prevail and apply.
&CIO.IL2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Sgstion 1. Repeal of Prior Inconsistent Resolutions or Motions. All resolutions and motions
or parts of resolutions and motions in conflict herewith are hereby repealed to the extent of the
conflict.
5go,ka 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
City of Winter Springs
Public Records Policy
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$Wxon S. Effective date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Winter Springs, Florida.
ADOPTED this day of January, 2000 by the City Commission of the City of Winter
Springs,
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Paul Partyka, Mayor
City of Winter Springs
Public Records Policy
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1=03-2000 1:04AM
f
r
Richard S. Amari
Nicholas B. Batgosa
Kohn Bennett
Bradly Roger Bettin, Sr.
Anthony A. Garga»ese •
Mitchell S. Goldman
J. Wmley Hewwre
Matthew J. Monaghan
Mark S. Petere
Datid M. Presnick
Charles R. Steinberg
James S. Theriac, Ill
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Coungelors At Law
*Admitted AL, FL
+Board Certified City, County, & Local Gevertunent Law
Reply To: Cmoa P.O. Box
January 3, 2000
TO: Andrea Lorenzo-Luaces, City Clerk
City of Winter Springs
FAX NUMBER: 407-327-4753
FROM: Anthony A. Garganese, City Attorney
Attached is our FAX transmittal, which is 1(l_ pages, INCLUDING this one.
Mariner Square
96 Willard Street, Suite 302
P.O. Box I4(17
Cocnia, Florida 32923-1807
Telephone (407) 639-1320
Fax (407) 639-6690
Itap'TW. Plana
Suite B1a4
6769 N. Wickham Road
Melbourne, Fkrrida 32940
Telephone (407) 259.6611
tax (447) 269.6624
COENTIALITY NOTE. viE, IVI'O12AdATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE. USE. OF T14P 1NXVIDUAL OR ENTITY NAMED ABOVE. IF THE READER
OF TIIIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBLMON
OR COPYING OF THIS TELFCOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEA 1:D T141S TELECOPY IN ERROR. PLEASE
IMMI:UTATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE
UNITED STATES PUS'rAL SERVICE, !'HANK YOU.
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