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HomeMy WebLinkAbout08-15-2008 Clarification needed for Code/ConfidentialityPage 1 of 2 Danielle Harker From: Kate Latorre [klatorre@orlandolaw.net] Sent: Friday, August 15, 2008 10:19 AM To: Danielle Harker Cc: _City Clerk Department Subject: RE: Clarification needed for Code/Confidentiality Danielle: The Code Board should receive agenda without any redaction so they can conduct hearings and issue orders with all of the relevant information. Confidential information should be redacted from agendas and detailed agenda reports when they are the subject of a public records request and when you scan them into the City's' online document search system. With regard to Code enforcement specifically, the Respondent is the property owner and the property owner should have already received a Notice of Violation and Notice of Hearing -- thus, there's no due process issues there. In certain cases, whether to publish an address on an agenda will need to be considered on a case -by -case basis and the City will have to consider whether redacting certain information outweighs the public's right to have that information --for instance, when a variance or conditional use is being requested on a property where the address can be redacted under some exemption -- the neighboring property owners, in my opinion, should be made aware of what's being requested. When you run across these "iffy" situations, please contact us and we'll assist in making the most appropriate decision under the circumstances. Please let me know if you require anything further, Kate Latorre From: Danielle Harker[mailto:dharker@winterspringsfl.org] Sent: Thursday, August 14, 2008 3:13 PM To: Kate Latorre Cc: _City Clerk Department Subject: Clarification needed for Code/Confidentiality Importance: High Kate, How are you? Hope all is well. I would like to receive clarification regarding the Code Enforcement Board Agendas and the Confidentiality List. As I understand, we are to check for exemptions on everything that can be viewed by the Public to ensure that those exempt employees' information is kept confidential. We are also reviewing our Board's Agendas for exempt information as well. What would be the procedure if we were to come across an address on the Code Enforcement Board Agenda that is exempt? Would not putting the exempt address on the Agenda conflict with a Respondent's due process? My next Code Enforcement Board Meeting is on Wednesday, August 27th and I would need to post the Agenda on Wednesday, August loth. I wanted to receive clarification on this before I posted my Agenda. Any help with this matter would be greatly appreciated. 8/15/2008 Page 2 of 2 Have a great day, (Danieffe Yfarker Deputy City Clerk City of Winter Springs (407) 327-5965 f- (407) 327-4753 1126 East State Road 434 Winter Springs, Florida 327o8 "Promise only what you can deliver. Then deliver more than you promise." - Anonymous MD'i N 'd an"chr ; w ntaln�� informaiklil nte inwod owy too *,!,w�� w,,o� of J,i,, no,4(�o lito h- �"niz, e w,.N i?, oo, tm;rk-,yplen1 the ernoIi)y,:e 0r 'IaWnt foi dehvi: ;t if", ,, :rli(: t If yoi� h,,)Vr, r1I;,','0IIWr"o !N; n ei mir, 8/15/2008