HomeMy WebLinkAbout07-16-2007 Public RecordsPage 1 of 2
Andrea Lorenzo-luaces
From: Kate Latorre [klatorre@orlandolaw.net]
Sent: Monday, July 16, 2007 10:34 AM
To: Andrea Lorenzo-luaces
Subject: RE: Public Records
Andrea:
I generally agree with your analysis. As the City Clerk, you should oversee any public records requests submitted
to the City. However, each individual department is best suited to provide the specific documents being
requested, not your office. I suppose very simple records requests, which may be responded to in total using the
City's Laserfiche system, can be handled by your office; however, as you know, these kinds of requests are not
the norm. The City Clerk's office cannot be solely responsible for ensuring that certain department records are
disclosed in response to a request, as you simply can't know about the existence of each and every city document
that would fall under the scope of a public records request. Further, Florida law charges any person having
custody of a public record to make it available for inspection and copying. Individual city department should
review public records requests and coordinate with your office as to what records need to be provided in
response. (The City's Public Records Policy set forth in Resolution 2007-25 is consistent with this, especially
sections G and H.)
I do think it would be a good idea for your office to review the information being provided in response to a public
records request for the purpose of identifying certain information that may be exempt from disclosure or
confidential -- or at the very least, to inform other departments of possible confidentiality issues that may come up
depending on the scope of certain public records requests. This is why it's important to ensure that department
heads are generally aware of the several various exemptions from disclosure and that certain information is
considered confidential under Florida law.
I hope this email answers your questions. Please let me know if I can be of further assistance.
Kate
From: Andrea Lorenzo-luaces[mailto:aluaces@winterspringsfl.org]
Sent: Friday, July 13, 2007 10:37 AM
To: Kate Latorre
Subject: Public Records
Good Morning,
I would appreciate your guidance on this — just to make sure...
Do you feel that as noted in Florida Statutes and the recent Resolution which replaced 2000-01 dealing with
Public Records Requests, that I and or my staff are to handle other departments' documents to fulfill a Public
Records Request. One department seems to think my department is to fulfill requests that come to them. They
think that because their records are on Laserfiche, as are other Departments records, that we need to handle
such requests. That would be the same as asking the Information Services Department to make copies of the
Public Works' Department (for instance) emails if someone requested such. I thought and correct me if I am
wrong, that I am responsible overall for the City's records, but I don't go rummaging through another departments
records, to make a copy for someone. Our Resolution states that each Department is to have staff responsible
for their records. I would think that any Public Records Requests would be handled by that Department. Now, I
might get involved, if a requestor was having trouble getting a document from another Department. I would then I
believe, go to the person in that department who is responsible for their records and or the Department Director
and ask them to help get the request completed asap.
At your earliest convenience, please advise.
Thank you,
At reAc
1/4/2008
Page 2 of 2
Andrea Lorenzo-Luaces, 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: gluaces@wi_ntersprin.gsfl,_orcg
Florida Association of City Clerks Central East District Director
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