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HomeMy WebLinkAbout2025 02 10 Regular 501 - Resolution 2025-02 Updating the Retention Policy of Official Meeting Recordings and Formal Agenda Documents for Periods of Time Exceeding Minimum State Requirement for RetentionREGULAR AGENDA ITEM 501 CITY COMMISSION AGENDA | FEBRUARY 10, 2025 REGULAR MEETING TITLE Resolution 2025-02: Updating the Retention Policy of Official Meeting Recordings and Formal Agenda Documents for Periods of Time Exceeding the Minimum State Requirement for Retention SUMMARY The general records schedules established by the Department of State are intended for use by state, county, city and special district public records custodians. The City Clerk’s Office primarily uses the GS1-SL, which provides retention periods for the most common administrative records, such as routine correspondence and personnel, payroll, financial and legal records. The retention periods set forth in the general records schedules are based on federal and state laws and regulations, general administrative practices and fiscal management principles. These are minimum retention periods and public agencies may retain their records longer at their discretion. The City of Winter Springs adopted Resolution 2008-23, establishing a Records Retention Policy authorizing the City to retain certain records beyond the minimum requirements established in the Department of State General Records Schedule GS1- SL. Subsequently, the city adopted Resolution 2008-24 (attached) authorizing extended retention periods for certain documents. At the time of Resolution 2008-24, the city was in possession of over 20 years’ worth of meeting audio on cassette tapes, the majority of which had already met retention and should have been sent for disposition. After the adoption of this resolution, the department was required to maintain these records. Cassette tapes were the primary medium for meeting audio until around 2016 when the department began using CDs. Per Rule 1B-26.003(10), Florida Administrative Code cassette tapes are not an acceptable format for record copies of permanent records. The City Clerk’s Office is currently in possession of as many as 6,000 cassette tapes which, if we are not allowed to send for disposition, will need to be converted into an acceptable and accessible format. The quality of these tapes is unknown, but it is fair to believe that many may already be unusable. The time and cost to convert these records would be considerable and the current space they are taking is substantial. These old tapes have little to no administrative value given their age and condition. Meeting audio has been stored digitally since January 2018. Digital audio and video, while not taking physical space, also has a cost associated with cloud storage in the 340 long term that may need to be addressed in the future. The proposed resolution seeks to retain digital audio/video permanently unless otherwise determined by the City Commission. Other items that were specified in Resolution 2008-24 for extended periods (i.e. records of public input and roll call sheets) are memorialized in the official minutes and therefore, in the opinion of staff, do not require retention beyond what is prescribed in the GS1-SL (2 anniversary years after approval of the minutes). This items also have little to no administrative value after the time prescribed by the State. Due to these considerations, the Clerk’s Office is requesting the Commission consider adoption of Resolution 2025-02 modifying the established city retention schedules FUNDING SOURCE RECOMMENDATION Staff is recommending the Commission adopt Resolution 2025-02 updating the retention policy of official meeting recordings and formal agenda documents for periods of time exceeding the minimum state requirement for retention. 341 City of Winter Springs Resolution No. 2025-2 Page 1of 3 RESOLUTION NO. 2025-02 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, UPDATING THE RETENTION POLICY OF OFFICIAL MEETING RECORDINGS AND FORMAL AGENDA DOCUMENTS FOR PERIODS OF TIME EXCEEDING THE MINIMUM STATE REQUIREMENT FOR RETENTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Department of State maintains a General Schedule for state and local government agencies which regulates the minimum amount of time certain records must be retained; and WHEREAS, public agencies, at their discretion, may retain certain records longer than the minimum retention period established by the Department of State; and WHEREAS, this Resolution is adopted pursuant to Resolution 2008-23 which established a Records Retention Policy to authorize extension of minimum retention periods beyond the retention required by the Department of State General Records Schedule GS1-SL for State and Local Government Agencies; and WHEREAS, the City Commission recognizes that meeting minutes are required to be maintained permanently. However, the City Commission desires to update its policy regarding the retention of meeting audio/video recordings, formal agenda items, and other supporting and presented meeting documents, and desires to retain the meeting documents specifically referenced herein to exceed the minimum state retention requirement and rely on the State’s minimum retention periods for all other documents; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Records Retention for Minutes: Official Meeting and Supporting Documents. The City Commission of the City of Winter Springs hereby establishes extended 342 City of Winter Springs Resolution No. 2025-2 Page 2of 3 retention schedules for the following records (item numbers correspond to those established in the Department of State General Records Schedule GS1-SL for State and Local Government Agencies): 1. Minutes: Official Meetings (Preliminary/Audio Recordings/Video Recordings) Item #4 Official audio/video recordings of official City Commission meetings as defined by section 286.011(1), Florida Statutes from January 1, 2018 to present. Retention: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. 2. Minutes: Official Meetings (Supporting Documents) Item #123 Formal City Commission agendas and supporting documents. Retention: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4 Repeal of Prior Inconsistent Resolutions. Resolution No. 2008-24 is hereby expressly repealed in its entirety. All other prior resolutions or parts of resolutions in conflict herewith are also hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. [Signature Page Follows] 343 City of Winter Springs Resolution No. 2025-2 Page 3of 3 RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 10th day of February, 2025. ______________________________ KEVIN McCANN, Mayor ATTEST: _______________________________________ CHRISTIAN GOWAN, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ________________________________________ ANTHONY A. GARGANESE, City Attorney 344 RESOLUTION N0.2008-24 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AUTHORIZING THE RETENTION OF OFFICIAL MEETINGS MINUTES AND SUPPORTING DOCUMENTS FOR PERIODS OF TIME EXCEEDING THE MINIMUM STATE REQUIREMENT FOR RETENTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERAIiILI'1'Y ANll AN EFFECTIVE DATE. WHEREAS, the Department of State maintains a General Schedule for state and local government agencies which regulates the minimum amount oftime certain records must be retained; and WHEREAS, public agencies, at their discretion, may retain certain records longer than the minimum retention period established by the Department of State; and WHEREAS, this Resolution is adopted pursuant to Resolution 2008-23 which established a Records Retention Policy to authorize extension of minimum retention periods beyond the retention required by the Department of State General Records Schedule GS 1-SL for State and Local Government Agencies; and WHEREAS, the City Commission desires to retain its official executed minutes, agendasandsupportingdocumentspermanently, and desires to retain other records related to the aforementioned records for a period of 25 years, thereby exceeding the minimum state retention requirement; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Records Retention for Minutes: Official Meetin and Su ortin Documents. The City Commission of the City of Winter Springs hereby establishes extended retention schedules for the following records (item numbers correspond to those established in the Department of State General Records Schedule GS 1-SL for State and Local Government Agencies): City of Winter Springs Resolution No. 2008-24 Pagelof3 345 1. Minutes: Official Meetings (Preliminary/Audio RecordingsNideo Recordings) Item #4 A. Official executed minutes and audio/video recordings ofofficial City Commission meetings as defined by section 286.011(1), Florida Statutes. Retention: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. B. Other records presented to or generated by the City Commission including, but not limited to handwritten or typed notes. Retention: a) Record copy. 25 anniversary years after adoption of the official minutes or certification of transcript. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. 2. Minutes: Official Meetings (Supporting Documents) Item #123 A. Formal City Commission agendas and supporting documents. Retention: a) Record copy. Permanent. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. B. Other records presented to or generated by the City Commission within this record category including, but not limited to roll call sheets and sign-in sheets for speakers. Retention: a) Record copy. 25 anniversary years after adoption of the official minutes or certification of transcript. b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. Section 3. Severability. if any section, subsection, sentence, clause, phrase, word, or portion ofthis Resolution is for any reason held invalid or unconstitutional by a court of competent City of Winter Springs Resolution No. 2008-24 Page 2 of 3 346 jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4 Reveal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. RESOLVED by the City Commission of the City of Winter Springs, #'lorida, in a regular meeting assembled on this 28~' day of April, 2008. _ : , , OHN F. BL'SHT Ma~ynr, -. ATT~ST: ~ _ i LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City o inter Springs only: CN~F~I'ONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-24 Page 3 of 3 347