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Home My WebLink About02-29-2000 City Related Mail Sent to Elected Officials ResidencesFeb 29 00 03:04p Rmari, Theriac, P.R. 407-639-6690 p.2 LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Mariner Square Nicholas B. Bangos' Reply To: Cocoa P.O. Box 96 Willard Street, Suite 302 Kohn Bennett P.O. Box 1807 Bradly Roger Bettin, Sr. Cocoa, Florida 32923-1807 Anthony A. Garganese + Telephone (321) 639-1320 Mitchell S. Goldman Fax (321) 639-6690 J. Wesley Howze ----------- Matthew J. Monaghan Imperial Plaza Mark S. Peters Suite B104 David M. Presnick 6769 N. Wickham Road Charles R. Steinberg Melbourne, Florida 32940 James S. Theriac, III Telephone (321) 259-6611 Fax (321) 259-6624 *Admitted AL, FL +Board Certified City, County, & Local Govermneut Law February 29, 2000 Andrea Lorenzo-Luaces City Clerk of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 Via Fax and U.S. Mail Re: City Related Mail Sent to Elected Official's Residence Dear Andrea: As you requested in your February 28, 2000 letter to me, I am providing legal advice regarding the issues raised in that letter. For purposes of my response, I have framed the issues, as follows: ISSUES: 1) Whether mail or any other document which is received by a City Commissioner/Mayor at their place of residency constitutes a public record, if the mail or document is given to the Commissioner/Mayor in their official capacity in connection with the transaction of City business? 2) If the mail or document is a public record, how should the mail or document be handled by you and the City Commissioner/Mayor? SUMMARY OPINION: It is my opinion that mail or any other document received by a City Commissioner/Mayor at their residence is a public record, provided the mail or document is given to the City Commissioner/Mayor in his or her official capacity, See Fla. Attorney General Opinion, 077- 141. FED-29-2000 16:04 407 639 6690 95% Feb 29 00 03:04p Rmari, Theriac, P.R. 407-639-6690 p.3 Ms. Lorenzo-Luaces, City Clerk February 29, 2000 Page 2 In AGO 77-141, the Attorney General opined that copies of letters or other documents received by the Mayor of Clearwater in his official capacity constitute records received "in connection with the transaction of official business" and, therefore, are public records which must be produced for inspection unless exempted by law. The Attorney General stated '*fw]ritings coming into the hands of public officials in connection with their official functions should generally be accessible to members of the public so that there will be an opportunity to determine whether those who have been entrusted with the affairs of government are honestly, faithfully, and competently performing their functions as public servants." Id. Accordingly, I am of the view that mail or any other document received by a City Commissioner/Mayor at their residence is a public record if the mail or document is received in his or her official capacity. I would also note that my view is the same for any other Public official or employee including, but not limited to, the City Manager, City Clerk, Department Directors, and City Attorney. The Public Records Law, Chapter 119, Florida Statutes, does not set forth a procedure for handling public records received by a Mayor/City Commissioner at their residence. Therefore, with respect to your question regarding the handling of such public records, you should handle those records pursuant to the City's local practice and procedure. See Informal Opinion of Florida Attorney General to Paxton, March 19, 1996. The Florida Public Records .act requires the safekeeping of public records. Section 119.031, Florida Statutes, provides in part: Insofar as practicable, custodians of vital, permanent, or archival records shall keep them in a fireproof and waterproof safes, vaults, or rooms fitted with noncombustible materials and in such arrangements as to be easily accessible for convenient use. All public records should be kept in the buildings in which they, are ordinarily used. Section 119,031 should be used as guidance in establishing a local practice and procedure to handle public records received by the Mayor/ City Commissioners at their residence. As you stated in your letter to me, you previously advised Commissioner Blake that a copy of mail or other documents received by the Mayor and City Commissioners at their residence involving City business should be provided to the City Clerk for safekeeping. In my view, your advice appears to be consistent with the intent and meaning of Section 119.031, Florida Statutes, and Winter Springs City Charter, Section 4.10, and should be the local practice and procedure of the City. Compare Fla. Attorney General Opinion, 93-16 (the retention of FEB-29-2000 16:04 407 639 6690 95% P.03 Feb 29 00 03:05p Rmari, Theriac, P.R. 407-639-6690 p.4 Ms. Lorenzo-Luaces, City Clerk February 29, 2000 Page 3 public records in the home of a public official would produce a chilling effect on the rights of the public to examine and copy such records); see also, Maxwell v. Pine Gas Corporation. 195 So. 2d 602 (Fla. 4`h DCA 1967) (public records are not the personal property of a public officer), If you require additional assistance regarding this matter, please do not hesitate to contact me. In the meantime, please provide a copy of this Ietter to the Mayor/City Commission and City Manager so that they may be advised of my response to your inquiry. U Anthony A. Garganese, ity Attorney AAG FED-29-2000 16:04 407 639 6690 95% Um Feh129 00 03:04p Rmari, Theriac, P.R. 407-639-6690 p.1 a Richard S. Amarl Nicholas B. Bangos" Kohn Bennett Bradly Roger Bettin, Sr. Anthony A. Garganese Mitchell S. Goldman J. Wesley Howze Matthew J. Monaghan Mark S. Peters David M. Presnick Charles R, Steinberg James S. Theriac, III LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors At Law *Admitted AL, FL *Board Certified City, County, & Local Government Law Reply To! Cocoa P.O. Box February 29, 2000 FAX TRANSMITTAL SHEET TO: Andrea Lorenzo-Lusces City Clerk, City of Winter Springs FAX NUMBER: 321-327-4753 FROM: Attorney Anthony A. Garganese Attached is our FAX transmittal, which is 4 pages, INCLUDING this one. Mariner Square 96 Willard Street, Suite 302 P.O. Box 1807 Cocoa, Florida 32923-1807 Telephone (407) 639-1320 Fax (407) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (407) 259-6611 Fax (407) 259-6624 RaCLCIVIED FEB 2 q anno CITY OF WINTER 3PRjfyG8 CITY HALL , .CONFIDENTIALITY NOTE THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND CONFIDENTIAL. INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPmNT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED STATES POSTAL SERVICE THANK YOU. FEB-29-2000 16:04 407 639 6690 95: P.01