HomeMy WebLinkAbout02-14-2005 Records Management - Supplemental ResponseBROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Law
Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher"
Joseph E. Blch
Jeffrey P. Buak" Cocoa & \'iera Victoria L. Cecil
Suzanne D'Agresta" Lisa M. Fletcher
Anthony A. Garganese' Amy J. Goddard
John H. Ward' Katherine Latorre
Jeffrey S. Weiss —
'Board Certified Civil Trial Lawyer
"Board Certified City, County & Local Government Law
February 14, 2005
Andrea Lorenzo-Luaces, CMC
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
Re: Records Management - Supplemental Response
City of Winter Springs - General
Our File No.: 1193
Dear Andrea:
Erin J. O'Leary
J. W. Taylor
Of Counsel
This correspondence is to acknowledge your letter dated February 11, 2005,
regarding the above -referenced matter. You have substantially asked for a supplemental
response to our opinion dated November 11, 2003, relating to the retention of minutes,
agendas, and supporting documents under the State's General Records Schedules.
Substantially, you are concerned that the destruction of audio tapes, in accordance
with the General Records Schedule, could make it difficult or impossible for the
Commission or other board/committee to examine past deliberations on the issue. Further,
you are concerned that the minutes, which are designed to be brief, although maintained
in perpetuity, may not provide enough detail to accurately describe those deliberations.
We understand your concern. As discussed in our November 11, 2003, opinion,
the General Records Schedule is a minimum retention schedule. The purpose of the
records retention schedule is to ensure adequate access to public records for a reasonable
period of time, during which interested or aggrieved parties would have access to review
the actions of the City. But the State legislature has acknowledged that it is not reasonable
or practical for local governments to maintain every record it has in perpetuity.
225 East Robinson Street, Suite 660 • P.O. Box 2873 - Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Andrea Lorenzo-Luaces, CMC
City of Winter Springs
February 14, 2005
Page 2
Based upon our discussions and correspondence, we believe the City is complying
with the law relating to the retention and disposition of records. It would also be in
compliance with the law if it chose a longer retention policy. They only hazard we see, is
that not all records would be handled in the same fashion. In other words, if you are
finding a need for the maintenance of certain audio tapes longer then two (2) years, then
all audio tapes should be kept for the same extended period of time. Determining how long
to maintain the records is a policy consideration taking into account how often this issue
has arisen.
As you point out, we suggested "educating" the commission, boards and public
about the record retention laws so that there will be no misunderstandings in the future as
to why certain records are no longer available. There is no specific law that requires this
nor any particular way to do it. Perhaps a disclaimer, similar to the one you already have
regarding the need for a verbatim record, at the bottom of each agenda relating to record
retention, and that all audio tapes will be disposed of in accordance with the General
Records Retention Schedule. Such a disclaimer may take the wind out of those who are
upset that records have been disposed of, especially when you couple it with the
practicality of retaining all records indefinitely. Perhaps other municipal or county clerks
have had to deal with this issue and may have some suggestions which would be helpful.
I hope this is responsive to your inquiry. If you have other questions, or if we have
missed your concern please call to discuss.
Very truly yours,
4 rw IJii
1
Assistant City Attorney
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