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HomeMy WebLinkAboutResolution 2000-01 Public Records Policy RESOLUTION NO. 2000-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABUSlDNG THE PUBLIC RECORDS POLICY OF THE CITY OF WINTER SPRINGS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS OR MOTIONS; PROVIDING FOR SEVERABll..ITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission deems it is in the best interests of public health, safety, and welfare of the citizens of Winter Springs to establish a public records policy to provide the public with access to public records while at the same time safeguarding the public records and insuring the orderly function of the City of Winter Springs, Florida. NOW, THEREFORE, THE FOLLOWING PUBLIC RECORD POLICY IS HEREBY ESTABLISHED BY THE CITY COMMISSION: Section 1. Established - Public Records Policy of the City of Winter Springs, Florida. A) SHORT TITLE This resolution and any amendments or modifications thereto shall be known and cited as "the Public Records Policy of the City of Winter Springs, Florida." B) APPLICATION This policy shall uniformly apply to all requests for public records made to the City and its departments and personnel. C) PURPOSE The purpose of this policy is to comply with the public records law of the State of Florida and to set forth policy and procedures for providing public accessibility to public records while at the same time safeguarding the public records from alteration, damage, theft, or destruction. D) POLICY It is the policy of the City of Winter Springs that all public records, except those exempted by law, shall at all times be open for personal inspection, examination, or copying by any person in accordance with Chapter 119, Florida Statutes and the public records policy of the City of Winter Springs. The City will endeavor to produce all public records requested regardless of the number of documents involved or possible inconvenience to the City. E) DEFINITIONS ascribed below: The following words used herein shall have the meaning 1. "Actual Cost of Duplication" means the cost of the material and supplies used to duplicate the public record, but does not include the labor cost or overhead cost associated with such Page 1 of 8 duplication. 2. "Custodian" means any person who has supervision and control over a public record or legal responsibility for its care, keeping or guardianship including, but not limited to, the City Clerk and the department custodian required herein. 3. "Public Records" means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other materials, regardless of physical form, characteristics, or means of transmission made or received pursuant to law or ordinance or in connection with the transaction of official business by the City of Winter Springs. F) GENERAL GUIDELINES 1. All Custodians shall permit the inspection and examination of public records by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision of the Custodian of the public record or the Custodian's designee. (a) Reasonable Time. An automatic delay in producing public records shall not be imposed before allowing access to public records. However, the Custodian shall be allowed a reasonable time to retrieve the public records and delete those portions of the record the Custodian asserts are exempt from public records disclosure. If satisfYing the request immediately would unduly interfere with the operation of the department, however, the Custodian will arrange a mutually satisfactory time for fullfilling the request. This will vary according to the circumstances of the request for public records including, but not limited to, the number of records requested and reviewed, the number of years of public records requested and reviewed, the department's filing system, storage of records, and any other factor affecting the retrieval and copying of public records. Upon request by an individual or as deemed appropriate by the Custodian, a written receipt may be provided which will acknowledge the public records request, the date and time of such request, and the approximate date and time the individual can pick up the public records requested. (b) Reasonable Conditions. The Custodian shall neither prohibit the inspection and copying of public records nor create burdensome constraints designed to preclude such inspection and copying. Notwithstanding, the Custodian shall, as circumstances dictate, take appropriate and reasonable steps that would permit the Custodian to protect public records from alteration, damage, theft or destruction. 2. Custodians should be familiar with the following requirements of the Florida Public Records law when a public records request is made to inspect or copy a record and the Custodian should advise the public of the same when appropriate: (a) Individuals are not required to identify themselves or make the request in City of Winter Springs Public Records Policy Page 2 of 8 person, in writing or any other particular format, nor give a reason for such request; (b) Individuals may not be denied access to public records due to the lack of specifics of the record they wish to inspect or copy; (c) Computerized public records are governed by the same rule as written documents and other public records. Information stored on a computer is as much a public record as a written page or a tabulation in a file stored in a file cabinet. (d) Custodians are not required to verbally give out information contained in a public record. The Custodian's obligation is to provide access to, or copies of, the public records being requested. (e) Custodians are not required to produce records in a particular form or format as demanded by the requestor, nor tailored to the requestor's specific needs. If a particular form or format of a public record does not exist because it is not ordinarily created, filed, produced, maintained, or used in that form by the City, a Custodian is not required, upon request, to create that public record in such form or format. (f) Ifany attorney requests to inspect or copy public records regarding a pending lawsuit which the City is a party, the City Attorney shall be promptly contacted and advised of the request. The City Attorney will determine the City's response to the request. (g) A special service charge or fee may not be imposed for the mere inspection and examination of public records by the general public unless the nature or volume of the public records to be inspected is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance. As set forth in section J of this public records policy, a special service charge or fee shall be required when extensive use of information technology resources or extensive clerical or supervisory assistance is required to locate, review for confidential information, copy and re-file requested public records. (h) Custodians should advise those individuals requesting copies of public records that may be copyrighted that copying such records may be subject to federal copyright laws and penalties. 3. If a public records request is insufficient to identifY the records sought, the Custodian shall promptly notify the requestor that more information is needed in order to produce the records. G) DESIGNATED CUSTODIANS 1. The City Clerk is hereby designated the supervisor of public records for the City of Winter Springs. To that extent, the City Clerk shall have full authority to manage and coordinate the City of Winter Springs Public Records Policy Page 3 of 8 inspection and copying of public records requested by the general public consistent with this Policy. The City Clerk shall be the Custodian of public records generated and received by the Mayor and City Commission and insofar as practicable, the Custodian of vital, permanent, or archival records of the City. 2. Each department director of the City is hereby designated Custodian of public records for their respective departments and the director may designate an assistant within their department for purposes of implementing this Policy. The Custodian will be responsible for handling, in coordination with, and at the direction of, the City Clerk, requests for public records which are relevant to the department, whether the request is made directly to the department, to the City Clerk, or any other City personnel. H) PROCEDURE 1. All requests to inspect and copy public records shall be managed by, and coordinated through, the City Clerk in accordance with this public records policy. The City Clerk will create and maintain a public record's log for noting requests made for public records, the date and time of the request, the information requested, the date and time the request was completed, fees and special service charges (if any), and any other information deemed pertinent by the City Clerk to efficiently manage public records requests. 2. Should any person request public records directly from any department (other than the City Clerk and the Police and Fire Departments), the department's Custodian shall promptly notify the City Clerk of the request. The City Clerk will immediately log the request and coordinate with the department's Custodian, and any other department which may have a public record being requested, the retrieval and/or copying of the public records. The City Clerk and the department's Custodian will ensure that the inspection and copying of the public records request has been completed and delivered to the requestor. 3. Should any person request public records directly from the Police or Fire department, and the public records are on file with the police or fire department, the department's Custodian shall handle the request for public records. Public records not on file with the fire or police department shall be coordinated with, and handled by, the City Clerk. The police and fire departments shall each keep a public record's log of requests made to the department in a form provided by the City Clerk. Copies of the log shall be provided to the City Clerk for tracking purposes. 4. The City Clerk shall handle all requests for public records on file with the City Clerk. 5. Should the City Clerk receive a request for public records which are not on file with the City Clerk, the City Clerk shall forward said request to the affected department and the department's Custodian shall be responsible for retrieving and/or copying the public records and forwarding them to the City Clerk in accordance with this public records policy. City of Winter Springs Public Records Policy Page 4 of 8 6. To the extent feasible and in order to avoid disrupting the day-to-day operations of City business, the City Manager shall establish a designated area or areas at City Hall, the Police Department and Fire Station 24, for the purpose of safeguarding public records from alteration, damage, theft, or destruction and allowing the general public the opportunity to inspect public records. 7. Should any person making a request for public records from any department of the City feel that the department has restricted or circumvented their right to inspect public records, said person shall make their request to the City Clerk for resolution. 8. The Mayor/City Commission, City Manger, and City Attorney will be advised immediately of any formal citizen or news media complaints and lawsuits filed against the City regarding access to public records. I) EXEMPT AND CONFIDENTIAL RECORDS 1. Florida law provides that some public records are confidential and exempt from public records disclosure. It is the policy of the City of Winter Springs that exempt and confidential public records shall not be disclosed to the public. All Custodians shall take reasonable steps to ensure that exempt and confidential records are not improperly released to the public 2. Any Custodian who has a question regarding whether a certain public record, or portion thereof, is exempt or confidential should address the matter with their department director. If the department director can not determine whether the public record is exempt or confidential, the City Clerk should be contacted to address the matter. If the City Clerk can not make such a determination, the City Attorney shall be contacted to determine whether a public record should be declared by the City to be exempt from public records disclosure or confidential. A record referred to the City Attorney for review shall not be made public until the City Attorney has made a final determination of the legal questions presented. The City Attorney shall review all public records requests which present a legal question as to whether a record contains information which is confidential or exempt. 3. If the Custodian asserts that a record, or part of a record, is exempt from public records disclosure, the Custodian shall deny the public records request and state to the requestor the basis of the exemption which the Custodian believes is applicable to the record, including the statutory citation to the exemption. Additionally, upon request by the requestor, the Custodian shall state in writing and with particularity the reasons for asserting the exemption and denying the public records request. 4. If the Custodian asserts that only a portion of a record is exempt or confidential, the Custodian shall delete or redact the exempt or confidential portion of the record and produce the remainder of the record which is not exempt or confidential. A Custodian may comply City of Winter Springs Public Records Policy Page 5 of 8 with this subsection by using any reasonable method which maintains and does not destroy the exempted portion while allowing public inspection of the nonexempt portion. 5. Any public record related to a federal agency which contains information that is suspected of being confidential, and said record is deemed public and open for inspection and copying by Florida law, should be examined to determine whether a federal statute (i.e. The Freedom of Information Act, U.S.c. Section 552) requires the particular information to be exempt from public disclosure. J) FEES 1. Any person requesting copies of public records shall be charged a copying fee, as follows: (a) Fee for Duplication of Public Records: 14 "x8-l/2" orless - one sided 14 "x8-l/2" or less - two sided II"xI7" 14- 7 /8"x 11" (greenbar,computer) All other printed copies Tapes/Disks $0.15 $0.20 $0.25 $0.25 Actual cost of duplication Actual cost of duplication (b) Certified copy: In addition to the actual cost of duplication, a $1.00 fee shall be charged for each certified copy of a public record. (c) Fee for Extensive Clerical or Supervisory Assistance: If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the department, City Clerk, or City Attorney involved, in addition to the actual cost of duplication, a special service charge may be imposed. The actual charge shall be reasonable and based upon the labor costs actually incurred or attributable to the City for the clerical and supervisory assistance required of such personnel providing the service. The amount to be charged shall reflect the actual hourly rate of the individual providing the service. In keeping with the City of Winter Spring's commitment to provide open access to pubic records, there will be no special service charge for requests requiring thirty (30) minutes or less in actual labor. However, when a person requests public records which require more than thirty minutes in actual service to locate, review for confidential information, copy and re-file City of Winter Springs Public Records Policy Page 6 of 8 requested public records, the person will be charged for all time expended above thirty minutes. Based upon the length of time estimated to provide the service and the cost of copying, a reasonable deposit may be collected prior to the cost actually being incurred. Monies collected exceeding the actual cost of assistance and copying shall be returned to the person requesting the public records. 2. Nothing herein shall prohibit the City from providing free copies of public records to the news media, government agencies, and public service charitable groups for purposes of disseminating information to the public, such as, copies of City newsletters, City Commission and other City board agendas, and press releases. K) DESTRUCTION OF PUBLIC RECORDS Pursuant to the requirements of section 119.041, Florida Statutes, the City Clerk shall systematically dispose of public records no longer needed by the City, subject to the consent of the records and information management program of the Division of Library and Information Services of the Department of State. L) RELATIONSHIP TO FLORIDA AND FEDERAL PUBLIC RECORDS LAWS Nothing herein is intended in any way to conflict with or abrogate chapter 119, Florida Statutes, or any other applicable Florida or federal laws. In the event of any conflict between this Policy and any Florida or federal law, the conflicting provision of the Florida or federal law shall prevail and apply. Section 2. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 3. Repeal of Prior Inconsistent Resolutions or Motions. All resolutions and motions or parts of resolutions and motions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. City of Winter Springs Public Records Policy Page 7 of 8 Section 5. Effective date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Winter Springs, Florida. ADOPTED this 10th day of January, 2000 by the City Commission of the City of Winter Springs. Paul Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk City of Winter Springs Public Records Policy Page 8 of 8