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Home My WebLink About04-05-2007 Survey - e-mail as public recordsPage 1 of 3 Andrea Lorenzo-luaces From: Kate Latorre [klatorre@orlandolaw.net] Sent: Thursday, April 05, 2007 3:09 PM To: Andrea Lorenzo-luaces Subject: RE: Survey - e-mail as public records Andrea: I advise that the public records exemption for code enforcement officers' personal identifying information not be extended to building officials. There is no applicable opinion of the Attorney General on this issue, but given the distinct difference between the two individuals and their respective job duties, I don't feel it's safe to assume that the Legislature meant to protect building officials in the same manner as it did code enforcement officers. Code enforcement officers' responsibilities to enforce all of the provisions of the city code lead to enforcement actions in front of the code board, liening of private property and foreclosure actions. While the building official, in some instances, is also responsible for identifying certain code violations, a building official's duties are usually more interpretive of the Florida Building Code and the city's zoning regulations as they pertain to development projects and permit issuance. It's my opinion that the same risk of abuse of personal identifying information is not present for a building official as for a code enforcement officer, which is likely why the Legislature hasn't afforded the same protection to building officials. Further, to address the question posed at the FACC Central District meeting last month regarding whether the personal identifying information of city managers would be exempt from disclosure pursuant to section 119.071(4) (d)2., Florida Statutes, I think it is arguable that such information would be exempt, however its difficult to ascertain how this issue would be interpreted by a court or the Attorney General given that no Florida court nor the Attorney General has ever opined on this particular exemption with regard to city managers. Because city managers oftentimes oversee most hiring and firing decisions for all of the city departments and may be targeted by disgruntled employees, its not completely off -base to consider city managers as "employee relations directors" in a sense. That said, I'm not sure it would be wise to extend this interpretation to each department head of the city. The main duties of department heads are usually not directly related to personnel matters and therefore, it's unlikely the Legislature intended for this exemption to apply to department heads. Because this issue is essentially still up for interpretation given the lack of legal authority available, I advise that cities be cautious in over -extending too many exemptions for personal identifying information and instead look to the intent behind the statute or seek an official interpretation from the attorney general. I hope this is responsive to the questions posed. If you would be so kind as to forward this email on to the group, I would appreciate it. Please let me know if I can be of further assistance. Kate Latorre, Esq. 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: v�w_w.odandolaw.net Email: klatorre@)orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being 1 /4/2008 Page 2 of 3 quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Andrea Lorenzo-luaces [mailto:aluaces@wlnterspringsfl.org] Sent: Tuesday, March 27, 2007 12:40 PM To: Kate Latorre Subject: FW: Survey - e-mail as public records Hi Kate, Just a similar message related to the other related one that you were going to look into — in terms of wouldn't Department Heads and City Managers also be exempt, as they also have hiring and firing capabilities. This was asked at the Central East District Meeting that you so kindly spoke to us at, on March 15t'. Thank you, Aln<m' Andrea Lorenzo-Ludces, CMC City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: (407) 327-5955 Facsimile: (407) 327-4753 email: aluacesowinterspringsfl,org Florida Association of City Clerks Central East District Director From: THoffkins@WESTMELBOURNE.ORG [mailto:THoffkins@WESTMELBOURNE.ORG] Sent: Tuesday, March 27, 2007 12:34 PM To: Barbour, Barbara Cc: agrimmage@cwgdn.com; alana.brenner@cityofodando.net; Andrea Lorenzo-luaces; anne.sasser@groveland- fl.gov; apierce@ponce-inlet.org; askewr@codb.fl.us; asslstant@oaktownusa.com; astatula@usa2net.net; barbet@palmbayflorida.org; bboyens@satellitebeach.org; bea.meeks@cltyofmascotte.com; beikenbeny@d.ocoee.fl.us; betty.richardson@leesburgflorida.gov; bgroom@port-orange.org; bonnie.pineda@cityofmascotte.com; bunnelicltyclerk@flagler.net; cathywilliams@cfl.rr.com; cbonham@cityofwinterpark.org; cdoerrfeld@cityofcocoabeach.com; cfoster@lakemaryfl.com; cherbanok@oakhillfl.com; choeni@ci.paim-coast.fl.us; cityclerk@melbourneflorida.org; cityclerk@edgewood.cc; cityclerk@cityofrockiedge.org; cityclerk@cityofflaglerbeach.com; cityclerk@cityoffelismere.org; ckelley@townofmalabar.org; clerk@sewallspolnt.martin.R.us; clink@deland.org; cobibbateman@bellsouth.net; cschwab@dbshores.com; cwhite@ci.stuart.fl.us; c m_heintz@yahoo.com; dburkhalter@town.windermere.fl.us; ddavis@d.palm-coast.fl.us; deputycityclerk@cityofflagierbeach.com; dfltzgerald@southdaytona.org; dfranklin@townofmalabar.org; dgardner@casselberry.org; diane.smith@leesburgflorida.gov; dnoak@ciermontfl.org; dolores.meyer@cityoforlando.net; dougherj@ci.sanford.fl.us; Brenner@ci.orange- city.fl.us; eienag@melbournebeachfl.org; FMiller@ci.deltona.fl.us; fziegler@westmelbourne.org; gwilliams@ci.orange-dty.fl.us; haas-cape@cfl.rr.com; hennessy@deland.org; herefordm@oakhilifl.com; irsclerk@bellsouth.net; irstclerk@bellsouth.net; jbarlow@lakehelen.com; Joan Brown; jclark@cocoafl.org; jclauss@ponce-inlet.org; jconion@city-ftpierce.com; Janice Goebel; jmcdaniel@minneola.us; jmcintyre@covb.org; 1/4/2008 Page 3 of 3 johnny.bledsoe@titusville.com; jwilllams@cityofsebastlan.org; karenp@cityofpsl.com; kblissett@ponce-inlet.org; KeoughG@ci.mount-dora.fl.us; kgolden@cwgdn.com; khoward@umatillafl.org; koleary@kissimmee.org; kpowers@city-ftpierce.com; kstraka@ladylake.org; Ibloomer@cityofedgewater.org; leaton@indialantic.com; lgamiotea@cityofokeechobee.com; Igoff@ci.longwood.fl.us; Ijaworsk@kissimmee.org; Ikalaghchy@cltyofcocoabeach.com; Imccorkle@stcloud.org; Imulholland@cocoafl.org; Irmilan@melbournebeachfl.org; marge.strausbaugh@cityofmascotte.com; marglew@cltyofpsl.com; matownoforchid@bellsouth.net; meddings@cltyofokeechobee.com; mghlanuly@ci.stuart.fl.us; Mary Manley; mnash@ci.stuart.fl.us; montverde@earthlink.net; mrichard@ponce-inlet.org; msibbitt@ci.ocoee.fl.us; mwaldrop@itsmymaitland.com; myersj@ci.eustis.fl.us; nbarnett@tavares.org; orchid.clerk@comcast.net; passma@palmbayflorida.org; patg@cityofpsi.com; patterson@ormondbeach.org; pewainright@altamonte.org; plerson@usa2net.net; plee@ci.deltona.fl.us; porterc@ci.sanford.fl.us; rmckinney.satellitebeach._org@westmelbourne.org; robertsj@ci.eustis.fl.us; samiller@altamonte.org; Andrews, Sue; sgay@ladylake.org; skabana@townofmalabar.org; skelly@port-orange.org; skelly@city-ftpierce.com; skrueger@indianharbour.org; smalo@cltyofsebastian.org; smirus@ci.longwood.fl.us; snovack@tavares.org; stebo@debary.org; stills-cape@cfl.rr.com; swadsworth@cityofedgewater.org; tackroyd@clermontfl.org; thomasj@codb.us; tmcpherson@casselberry.org; tmv@fdn.com; towey@ormondbeach.org; townclerk@townofdundee.com; Linda Balsavage; tvock@covb.org; vmanning@hollyhillfl.org; wanda.wells@tltusville.com Subject: RE: Survey - e-mail as public records I have a question that was brought to me regarding the request of personnel files. Is a building inspector consideration a Code Enforcement Officer according to 119.071(3)(d)(5)? I was under the impression (possibly the wrong impression) that Code enforcement officers were those individuals in the position of Code Enforcement Officer not building inspectors. Fortunately, we haven't had the need to release their information but the question has me concerned. Also, do department heads and the City Manager also contain exemptions from the public records law? Tina M. Hoffkins, City Clerk City of West Melbourne 2285 West Melbourne West Melbourne, Florida 32904 Phone: (321)727-7700 x. 112 Fax: (321) 768-2390 Email: thoffkins@westmelboume.org Confidentiality Note: This e-mail, and any attachment to it, contains information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 1 /4/2008