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HomeMy WebLinkAbout2008 04 28 Regular 605 Approval of Resolution 2008-24 Authorizing Retention of Official Meeting Minutes and Supporting DocumentsCOMMISSION AGENDA ITEM 605 April 28. 2008 Meeting REQUEST: Consent Informational Public Hearing Regular x i Mgr. / Att. / Dept. The City Clerk and City Attorney request that the City Commission approve Resolution No. 2008- 24, authorizing the retention of Official Meeting Minutes and Supporting Documents for periods of time exceeding the minimum requirement for retention provided by Florida law. PURPOSE: Upon adoption of the Records Retention Policy adopted by the City Commission, this Resolution authorizes the City Clerk to maintain the City Commission's Official Minutes and Supporting Documents beyond the minimum retention period established by the Florida Department of State. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act, Chapter 166, Florida Statutes. Department of State General Records Schedule GS 1-SL for State and Local Government Agencies. CONSIDERATIONS: 1. Resolution 2008-23 established a Records Retention Policy authorizing by resolution or administrative order, the retention of certain records beyond the minimum retention requirements set forth by the Department of State, if there is an administrative, operating, legal or other need for such retention. Page 1 of 2 2. This Resolution would require the City Clerk to retain the City Commission's official executed minutes, agendas and supporting documents permanently, and retain other records related to the aforementioned records for a period of 25 years, thereby exceeding the minimum state retention requirement of 2 years. STAFF RECOMMENDATION: The City Clerk and the City Attorney recommend that the City Commission approve Resolution 2008-24, authorizing the retention of official executed minutes, agendas and supporting documents of the City Commission permanently, and the retention of other supporting documents for a period of 25 years. ATTACHMENT: Resolution 2008-24 COMMISSION ACTION: The City Commission considered Resolution 2008-23 in Agenda Item # 604, establishing the authority to adopt this Resolution. (If the City Commission did not approve Resolution 2008-23, this Resolution should similarly not be approved.) Page 2 of 2 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, 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 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 GSl-SL for State and Local Government Agencies; and WHEREAS, the City Commission desires to retain its official executed minutes, agendas and supporting documents permanently, 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 Meeting and Supporting 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 Page 1 of 3 1. Minutes: Official Meetings (Preliminary/Audio Recordings/Video Recordings) Item #4 A. Official executed minutes and audio/video recordings of official 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. Severabilitv. 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 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. 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, Florida, in a regular meeting assembled on this 28`'' day of April, 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-24 Page 3 of 3 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, agendas and supporting documents permanently, 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 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 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