The URL can be used to link to this page

Home My WebLink About06-20-2008 Public RecordsPage 1 of 4 Andrea Lorenzo-luaces From: Kate Latorre [klatorre@orlandolaw.net] Sent: Friday, June 20, 2008 1:50 PM To: Andrea Lorenzo-luaces Cc: Joan Brown; Danielle Harker Subject: RE: Public records Attachments: Kate Latorre.vcf HR is permitted to release this information to other City departments. Anthony's opinion below is still accurate -- confidential records don't lose their confidentiality by making them available to other inter -City departments. There are cases and attorney general opinions to support this principle. The law requires the City to protect the confidential information of its own employees; therefore, the City's Clerk's office should be able to access the names and addresses of firefighters in furtherance of fulfilling this responsibility. However, just to clarify -- the exemption is strictly for "firefighters certified in compliance with s. 633.35 [Florida Statutes]" -- not general Fire Department staff. Please let me know if you require additional assistance regarding this issue. Thanks, Kate Katherine W. Latorre, Esq. 111 N. Orange Avenue, Suite 2000 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: klatorre(cb-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 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. 6/20/2008 Page 2 of 4 From: Andrea Lorenzo-luaces [mailto:aluaces@winterspringsfl.org] Sent: Friday, June 20, 2008 8:02 AM To: Kate Latorre Cc: Joan Brown; Danielle Harker Subject: FW: Public records Importance: High Kate, In trying to get completed Confidentiality Forms from some of our Departments, it seems that some of the Fire Department are saying that as the Confidentiality Form is not mandatory, they do not have to fill it out and turn it in, and will not. As you know, the Confidentiality Forms were created to help us make sure that we did get everyone's information that needed to be redacted, and we were just gathering their personal information to make sure we protected our employees, which is required by Florida Statutes. So, because we could not get all of Fire personnel to cooperate, we had requested a list of names and addresses of Fire staff, so that we could at least have something to check and make sure we did in fact redact needed information. HR is saying they cannot release that information to us. I understand that, however, Michelle Greco mentioned the below notes from Attorney Garganese and I am asking if this would be okay to go by so that we can get such a list and use that to complete our redactions. We are just trying to do this correctly. Thanks in advance for your time and consideration. At your earliest convenience, please advise. Andrea Andrea Lorenzo-Luaces, CMC City Clerk City of Winter Springs * 1126 East State Road 434 Winter Springs, Florida 32708 *Telephone: (407) 327-5955 7Facsimile: (407) 327-4753 8 email: aluaces@winterspringsfl.org Florida Association of City Clerks Central East District Director P Please consider the environment before printing this email. -----Original Message ----- From: Michelle Greco Sent: Thursday, June 19, 2008 5:35 PM To: Andrea Lorenzo-luaces Cc: Kevin Smith; 'Anthony Garganese' Subject: FW: Public records Importance: High Hello - Please see the email below sent by Anthony that says that it is ok to exchange this data inter -office. So unless he has made a reversal on this subject matter it seems to be ok to provide information from City Clerk to Finance or from HR to City Clerk. Thanks! 6/20/2008 Page 3 of 4 Please let me know if you are told something different. Thanks again for letting me butt in on your conversation! Michelle Greco Finance Director City of Winter Springs 1126 East SR 434 Winter Springs, FL 32708 (407) 327-5960 Fax (407) 327-4753 -----Original Message ----- From: Anthony Garganese[mailto:aarganese@orlandolaw.net] Sent: Thursday, August 24, 2006 6:16 PM To: Michelle Greco Cc: Andrea Lorenzo-luaces Subject: RE: Public records It is my view that an inter -office exchange of public records is not a public records request. Further, the exempt status of the protected information is retain even though the information is exchanged between city departments. See e.g., Ragsdale v. State, 720 So. 2d 203 (Fla. 1998) (applicability of particular exemption is determined by the document not by the identity of the agency possessing the record). As such, when you deliver the exempt information to the parks and recreation department, the parks department should be advised NOT to disclose the names and addresses of the exempt individuals to the general public. Let me know if you need anything further. Anthony Garganese 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 & Viera (866) 425-9566 Website: www.orlandolaw.net Email: aarganese@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 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 6/20/2008 Page 4 of 4 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. -----Original Message ----- From: Michelle Greco [mailto:mgreco@winterspringsfl.org] Sent: Monday, August 21, 2006 4:26 PM To: Anthony Garganese Cc: Andrea Lorenzo-luaces Subject: Public records What is your position on finance providing a file of names and addresses of new residents to parks and recreation that may contain police officers, firefighters, code enforcement, etc.? Must finance redact the exempt individuals from this list? Would this be viewed as a public records request? Thank you. Michelle Greco 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. Sent from My Blackberry Wireless Device 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. 6/20/2008