HomeMy WebLinkAbout09-17-2007 Confidentiality FormPage 1 of 4
Andrea Lorenzo-luaces
From:
Kate Latorre [klatorre@orlandolaw.net]
Sent:
Monday, September 17, 2007 4:49 PM
To:
Andrea Lorenzo-luaces
Subject: RE: Confidentiality Form
Attachments: Kate Latorre.vcf
Andrea:
Please find my responses to your inquiries in the order addressed in your email below:
1. Spooled records --I contacted Beth Golding, an "Archivist Supervisor" at the State Library and Archives of
Florida for assistance with this interesting category of records. She narrowed down the retention requirements to
the following few categories which best address the required retention periods. I am laying each out verbatim,
below for your review. Given my vague understanding of the practicalities of these records, I recommend that the
finance staff closely examine which category best describes the "spooled" records. It looks like retention will
either be 5 or 10 years depending on whether they make up "summary" or "detailed" records.
I have reviewed all of the records retention categories several times. There doesn't seem to be any specific
category other than those listed below which would fit the bill -- my point being that if the descriptions below do
not exactly describe what the spooled records consist of, pick the closest match or to be safe, the longest
retention period.
FYI -- The 5 fiscal year retention requirement for the DISBURSEMENT RECORDS: DETAIL and RECEIPT/REVENUE
RECORDS: DETAIL items is based upon guidance from the Auditor General's Office and the Department of
Financial Services in light of the Statute of Limitations of five years for a contract, obligation, or liability founded on
a written instruction (s. 95.11(2), F.S.) for most fiscal records have been increased from three to five fiscal years.
DISBURSEMENT RECORDS: DETAIL Item N340
This series consists of records documenting specific expenditures or transfers of agency moneys for the procurement
of
commodities and services and other purposes. The series may include, but is not limited to, procurement records
such as
requisitions, requisition logs, purchase orders, contracts, purchasing card (p-card) receipts, vendor invoices, receiving
reports,
acceptances of contract deliverables, approvals, and related documentation; and expenditure records for
disbursements made
through checks, warrants, electronic fund transfers (EFT), purchasing cards, or other methods, such as payment
vouchers,
approvals, check registers, cancelled checks, check stubs, cancelled warrants, disbursement ledgers, journal
transactions,
expenditure detail reports, refund records, and other accounts payable and related documentation. Retention is
based on s.
95.11(2), F.S., Statute of Limitations on contracts, obligations, or liabilities. See also "DISBURSEMENT RECORDS:
SUMMARY," "PURCHASING RECORDS," and "TRAVEL RECORDS."
RETENTION:
a) Record copy. 5 fiscal years provided applicable audits have been released.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.
DISBURSEMENT RECORDS: SUMMARY Item 0341
This series consists of records providing summary or aggregate documentation of expenditures or transfers of
agency moneys
for the procurement of commodities and services and other purposes. The series may include, but is not limited to,
summary
records such as trial balance reports, check logs and registers, summary expenditure reports, federal grant final
closeout reports,
summary journal transactions, and other accounts payable summary and related documentation. See also
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Page 2 of 4
"DISBURSEMENT
RECORDS: DETAIL."
RETENTION:
a) Record copy. 10 fiscal years provided applicable audits have been released.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.
FINANCIAL HISTORY SUMMARY RECORDS Item #347
This record series consists of records providing a periodic summary of an agency's receipts and disbursements over
the course
of an agency's history. The series may consist of annual summary general ledgers, annual financial reports, or
equivalent
records in other forms.
RETENTION:
a) Record copy. Permanent.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.
RECEIPT/REVENUE RECORDS: DETAIL Item #365
This series consists of records documenting specific receipts/revenues collected by an agency through cash, checks,
electronic
fund transfers (EFT), credit and debit cards, or other methods. The series may include, but is not limited to, records
such as
cash collection records and reports, cash receipt books, cash register tapes, deposit/transfer slips, EFT notices,
credit and debit
card records, receipt ledgers, receipt journal transactions and vouchers, refund records, bad check records, and other
accounts
receivable and related documentation. Retention is based on s. 95.11(2), F.S., Statute of Limitations on contracts,
obligations, or
liabilities. See also "RECEIPT/REVENUE RECORDS: SUMMARY."
RETENTION:
a) Record copy. 5 fiscal years provided applicable audits have been released.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.
RECEIPT/REVENUE RECORDS: SUMMARY Item #366
This series consists of records providing summary or aggregate documentation of receipts/revenues collected by an
agency.
The series may include, but is not limited to, records such as trial balance reports, bank statements, credit and debit
card reports,
revenue reconciliations, collection balance sheets, and other accounts receivable summary and related
documentation. See
also "RECEIPT/REVENUE RECORDS: DETAIL."
RETENTION:
a) Record copy. 10 fiscal years provided applicable audits have been released.
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.
2.. The law does not address whether the City can require proof from individuals that their personal identifying
information should be exempt from disclosure. I don't see any reason why asking for proof wouldn't be permitted
-- however, it may prove difficult in certain situations to show a particular status. The Request for Confidentiality
form does provide for a notarized signature which would attest that the information provided in the form is true
and correct; however, there's still no way of knowing for sure. I haven't been able to find any case law or other
legal authority addressing whether a local government can require proof of the right to have certain information
exempt from the public record. The law also fails to address any repercussions for falsely claiming that one is
entitled to an exemption. This comes down to a policy call for the City. It may be as simple as amending the form
to state something along the lines of "Any person seeking exemption of personal identifying information from the
City's public records may be asked to provide supporting documentation showing such exemption is warranted."
That way, the City can ask for proof if necessary and the requestor is on notice. ¢ '`
3.. If the retired police officer consents to certain of his information being disseminated for member list purposes,
I think that's fine. I would get something in writing from him giving the City permission to use that information and
for what purposes. I still recommend that if that information is made subject to a public records request that it be
redacted. If this particular officer is retired from Winter Springs, you're required by law to keep the information
exempt (but could still disseminate what he's allowed for board member list purposes); however, if he's a retired
police officer from another jurisdiction, you only have to keep it exempt per his request so if he's expressly
provided that his email address and telephone number may be passed out, that's good enough for me.
9/27/2007
Page 3 of 4
Please let me know if I can be of further assistance regarding this or any other matter.
Kate Latorre, Esq.
225 East Robinson Street, Suite
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: www.orlandolaw.net
Email: klatorreaorlandolaw..net
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From: Andrea Lorenzo-luaces[mailto:aluaces@winterspringsfl.org]
Sent: Wednesday, August 15, 2007 10:45 PM
To: Kate Latorre
Cc: Joanne Dalka; Ron Kandzer
Subject: FW: Confidentiality Form
Hi Kate,
Just following up on the below email. As for our status on the forms we have been trying to collect, we
do have some of our different departmental forms and are waiting on a few more and then we will get
those to you.
If you could please give me an idea on when you might be able to address the below issues, we would
appreciate it.
Thank you,
Alto rep,
Andrea Lorenzo-Luaces, CMC City Clerk
City oFWinter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327-5955
Facsimile: (407) 327-4753
email: aluacesnwinterspringsfl.orq
Florida Association of City Clerks Central East District Director
From: Andrea Lorenzo-luaces
9/27/2007
0
Page 4 of 4
Sent: Wednesday, July 18, 2007 8:57 AM
To: 'Kate Latorre'
Subject: RE: Confidentiality Form
Hi Kate,
Just following up on the spooled information issue you were going to decide on. Please advise when you might
have it completed.
A couple of other items regarding the Confidentiality/Exemption issue:
Are we allowed to ask for proof? If someone says they are a Judge, can we ask for some ID. If so, can we just
confirm that we saw some kind of ID because if we make a copy, that then will be another record that will
probably have to be protected and exempted, etc. Should our Confidentiality form have a place where this is
noted?
And, as you know, a former Police Department Captain just got appointed to the Planning and Zoning Board and
Anthony said that we need to keep his home address off of any memberlists and also off of mailing lists etc. We
have an email address and telephone number which this retired Captain (Bob Heatwole) says is okay for
distribution, etc.
It was brought up that we are keeping this information "exempt" without the former Police Officer asking us to do
that and since we don't want to pick and choose, are we causing any problems by us doing this. Because, say
someone else on one our Boards is exempt, and because we don't know, their information is not properly
exempted. Should there be a process to the handling of this so we are not protecting some, and not others when
it is really their responsibility as a former Law Enforcement Official to ask for an exemption.
We are working on getting a list of all City forms that may ask for name/address/SSN etc, so that we can get
something on them that says such a person is exempt...
For instance, something like our "Request to Speak" form that people fill out for Commission and Board
Meetings. In the past, we have had Fire Department Personnel (for instance) that have addressed the
Commission and on some occasions have written and said their personal address and something on the form
should alert someone to noting that their information is exempt. We will get with you when we get all these
documents from staff.
That's it for now.
Thank you,
AUc W.
Andrea Lorenzo-Luaces, CMC City Clerk
City oFWinter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: (407) 327-5955
Facsimile: (407) 327-4753
email: aluaces0wintersprings(I.orcg
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
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return it to the sender and delete it from your system. Thank you.
9/27/2007