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4318 Public Records Ordinance No. 4318 An Ordinance of the City Commission of the City of Sanford, Florida, relating to policies, procedures and charges for public records; recognizing the constitutional rights of citizens for access to public records; providing for authority and responsibilities; establishing a fee schedule for copies of public records and related matters; providing for implementing administrative actions and penalties; providing for conflicts; providing for severability; and providing for instructions relative to codification and providing for an effective date. WHEREAS, on April 26, 2010, the City Commission of the City of Sanford adopted Resolution 2177 establishing a City-wide records management program; WHEREAS, Section 119.01(1), Florida Statutes, and Article 1, Section 24 of the Constitution of the State of Florida (the Declaration of Rights for each Florida citizen) mandate that all records of the City of Sanford are to be open for public inspection by any person subject to such limitations as are set forth in law; and WHEREAS, the City Commission of the City of Sanford finds that the City and its staff have a paramount duty to comply fully and effectively with the provisions of Section 119.01(1), Florida Statutes, and Article 1, Section 24 of the Constitution of the State of Florida; and WHEREAS, the City Commission of the City of Sanford has determined that the provisions of Section 119.01(1), Florida Statutes, and Article 1, Section 24 of the Constitution of the State of Florida fail to expressly address certain issues that arise when members of the public request public records and that the policies set forth in this Ordinance will greatly assist City staff in responding efficiently and effectively and in the public interest when public records requests are submitted to the city; and WHEREAS, the Office of the City Clerk desires to implement the use of the form "Request for Confidentiality" to properly address and process public records requests encompassing records which contain confidential personal identifying information of certain individuals that is exempt from disclosure pursuant to Chapter 119, Florida Statutes; and WHEREAS, Section 119.07(4)(a), Florida Statutes, authorizes certain fees and charges when public records requests are tendered to the City; and WHEREAS, the City Commission of the City of Sanford has determined that the use of information technology resources should be advanced and relied upon by the City to ensure ease of access to City public records by the public, WHEREAS, the City Commission deems it is in the best interests of public health, safety, and welfare of the citizens of Sanford to adopt 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 Sanford, Florida; WHEREAS, the City Commission of the City of Sanford hereby reaffirms its commitment to openness in government and encouraging citizens to be knowledgeable of and participate in their local government. NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: Section 1. Legislative Findings. A new section of the City Code of the City of Sanford is created to read as follows: (a). This Ordinance shall be known as, and may be cited as, the "City of Sanford Public Records and Access to Government Information Ordinance". (b): The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c): The City Commission of the City of Sanford has demonstrated a firm commitment to openness in government and desires to further enhance its commitment in that regard. (d): The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the city Commission of the city of Sanford and incorporated into this Ordinance as if set forth in haec verba. Section 2. DEFINITIONS A new section of the City Code of the City of Sanford is created to read as follows: The following words, as used herein, shall have the following meanings as set forth below and the substantive provisions set forth in each definition shall be applicable in accordance with the terms thereof: (a): `Actual Cost of Duplication"means the cost of the material and supplies used to duplicate the public record, but does not include the costs of labor or overhead costs associated with such duplication. 2 (b): "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. Custodians of public record shall ensure that they are familiar with the provisions of the controlling provisions of State law which relate to public records and related matters to include, but not be limited to, the following: (c) "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 Sanford. The following shall not be public records requests and are not subject to the provisions of this Ordinance: (1). A request that is in the form of an interrogatory or question asking the City to provide written or oral answers or information even if the answers could be derived from an inspection of public records. (2). A request that the City either confirm or deny an assertion. (3). A request for a City employee to answer questions about public records. (4). A request for the City to assemble data and publish a report of the data collected. (5). A request that the City format public records in a manner not normatively formatted by the City. (6). A request for personal e-mail or documents even though such documents may be located in City files. Personal e-mail or documents must not relate to City business or operations in any way in order to be treated as such. (7). A request that is illegible, unclear, vague or is insufficient to identify the public records requested. F) GENERAL GUIDELINES 1. All Custodians shall permit the inspection and examination of public records by any 3 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. The identity of the Custodian's designee shall be disclosed to the person requesting to inspect or copy public records. All Custodians or their designees shall acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be inspected. (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 fulfilling 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 receipt of a public records request the custodian will promptly issue the requestor a written acknowledgement of the public records 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 person, in writing or any other particular format, nor give a reason for such request; 4 (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) If an attorney, or a person from an attorney's staff or a person otherwise works for an attorney, requests to inspect or copy public records regarding a pending lawsuit which may or may not involve the City, the City Attorney shall be promptly notified and the City Attorney will evaluate the matter and determine the response relating to the request. The City's Risk Manager shall be advised by the City Attorney of any requests to inspect or copy public records which may result from or result in a claim or litigation being filed against the city. A set of the documents copied for a requestor shall be kept and provided to the City Attorney upon request. (g) No special service charge or fee may 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. 5 (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 Sanford and shall have full authority to implement the provisions of this resolution in consultation with the City Manager and City Attorney. The City Clerk shall have full authority to manage and coordinate the inspection and copying of public records requested by the general public consistent with this Policy including employment of a records manager to oversee these functions. 2. Each department director of the City is hereby designated Custodian of public records for their respective departments and the director shall designate one or more assistants (records liaisons) 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. When a request for inspection or copies of public records is received, the request shall be documented on a form which shall be completed by the City employee receiving the request. The City shall never require a person to place a request in writing. The form is for the administrative use of the City and it shall be the obligation of each City employee to ensure that such requests are documented. All requests to inspect and copy public records shall be managed by, and coordinated through, the City Clerk's Office in accordance with this public records policy. The City Clerk's Office will create and maintain a public records log noting requests made for public records, including the date of the request, the information requested, the date 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 6 requests. 2. Should any person request public records directly from any department (other than the City Clerk's Office and the Police and Fire Departments); the department's Custodian shall promptly acknowledge receipt of the request and notify the City Clerk's Office 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's Office 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 Police or Fire department shall be coordinated with, and handled by, the City Clerk's Office. The Police and Fire departments shall each keep a public records log of requests made to the department in a form approved by the City Clerk's Office. Copies of the log shall be provided to the City Clerk's Office for tracking purposes. 4. The City Clerk shall handle all requests for public records on file with the City Clerk. If the request can be immediately honored, then the inspection or copying of the records shall be implemented immediately and the City Clerk shall be notified of the request and actions in response to the request. If the request cannot be immediately honored, the requestor shall be so advised. The request shall then immediately be referred to the City Clerk for processing. In any event, either the City Clerk or the records custodian shall immediately acknowledge the request in writing using such information as the requestor may have provided. 5. The City Clerk shall then promptly develop an estimate of the number of copies, CDs, tapes or other types of records necessary to fulfill the request, and the estimated charges to accomplish the request to include an estimate of any special service charge and the rationale for such charge. The estimate shall be provided to the requestor in an expeditious manner. 6. The person requesting the public records shall pay the total estimated charges prior to the preparation and production of the requested public records. 7 7. Upon payment by the person requesting the public records, the City shall produce the requested public records as soon as possible. The City shall be responsible for reviewing all records for possible exemptions to the open public records requirement. 8. Adjustments shall be made in the amount charged for the public records upon production of the requested public records if the actual charge differs from the estimated charge. Additional amounts due must be paid to the City before the public records are produced. 9. 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. 10. Any person may request and receive public records of the City. No charge shall be imposed for inspection of public records unless public records are requested. It is prohibited and unlawful to violate the provisions of this Ordinance and the violation of the provisions of this Ordinance shall subject a City employee to disciplinary action up to termination of employment with the City. 11. .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. 12.. The Mayor and City Commissioners, City Manager, 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 Sanford 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 and that records are properly redacted prior to release. 2. The City of Sanford "Request for Confidentiality" form shall be made available to 8 individuals seeking to make confidential those public records of the City which contain certain personal identifying information which is exempt from disclosure pursuant to Chapter 119, Florida Statutes. City employees shall complete said "Request for Confidentiality" form annually to assist the City in meeting its statutory obligation to keep the personal identifying information of its employees confidential and exempt from disclosure where provided by law. Completed "Request for Confidentiality" forms shall be notarized and submitted to the Office of the City Clerk for processing. 3. 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 cannot determine whether the public record is exempt or confidential, the City Clerk should be contacted to address the matter. If the City Clerk cannot 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. 4. 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 in writing to the requestor the basis of the exemption which the Custodian believes is applicable to the record, including the statutory citation to the exemption. 5. 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 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. 6. 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 9 Act, U.S.C. Section 552) requires the particular information to be exempt from public disclosure. J) PUBLIC RECORDS FEE SCHEDULE A new section of the City Code of the City of Sanford is created to read as follows: 1. Any person requesting copies of public records shall be charged a copying fee, as follows: (a) Normative Charges. Unless specifically stated otherwise in State law, the following statutory fees will apply to copying of public records: (1) Paper size up to and including 8 'h°x 11", 8 '/2" x 14", or 11" x 17": (A) Single sided page $.15 per page (B) Double sided page $.25 per page (2) All other copies: Actual cost of duplication. (3) Certified Copy: 1 + pages: $1.00 per certified document. (4) Audio Tape and CD Fees (audio tapes and CDs (if applicable) may require several days to reproduce), including research and labor: (A) Audio Tapes: Actual cost to City. (B) Data CD: Actual cost to City. (C) Audio CD: Actual cost to City. (D) Digital copy of any document on a CD: $5.00 If the records request is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the City (which shall mean in excess of 20 minutes) in addition to the actual cost of duplication, then an additional service charge equal to the actual cost incurred for such extensive use of information technology resources plus the labor cost of the personnel providing the service will be charged. "Information technology resources" is defined as data processing hardware and software and services, communications, supplies, personnel, facility resources, maintenance and training; provided, however, that the term does not include a videotape or a machine to view a videotape. The City Clerk shall determine the appropriate charge and such charge shall be no more than the actual costs to the City and shall be calculated in a manner which shall not deter the public from 10 making or pursuing public records requests. The city shall charge no more than the actual cost of the City personnel's time and shall be sensitive to accommodating the request in such a way as to ensure unfettered access while safeguarding the records. In keeping with the City of Sanford's' commitment to provide open access to public records, there will be no special service charge for requests requiring twenty (20) minutes or less in actual labor. However, when a person requests public records which require more than twenty minutes in actual service to locate, review for confidential information, copy and re-file the requested public records, the person will be charged for all time expended above twenty minutes. Charges include a City employee's salary in calculating labor costs for the special service charge, recognizing, however, that charges must be reasonable and based upon the actual labor costs incurred by or attributable to the City and the City shall charge a clerical rate for the time spent making copies, even if due to staff shortages, a more highly paid person does the work. 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. Unless the City Clerk determines a labor cost to the contrary, such costs shall be calculated by multiplying the hourly rate of an employee by 1.0. Monies collected exceeding the actual cost of assistance and copying shall be returned to the person requesting the public 9 PY 9 P q 9 P 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. Section 3. Establishment of City of Sanford Public Records Access Policy; Public Records Copy Request Procedures. A new section of the City Code of the City of Sanford is created to read as follows: (a). It is the policy of the City of Sanford, Florida, that all public records as defined in Chapter 119, Florida Statutes, be open for public inspection, free of any charge, subject to such exemptions as provided by law. Charges may be assessed in accordance with State law and to ensure that the citizens of the City and State (as well as those interested in City of Sanford governmental matters) are afforded 11 their constitutional and statutory rights to access public records. It is also the policy of the City of Sanford to ensure that the City acts in manners which demonstrate competency with enhancements and ongoing developments in the area of information technology such as, by way of example only, text messaging and similar messaging technology and communications utilizing the most contemporary technology. All custodians of City public records 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 by the custodian of the public record or the custodian's designee provided, however, the custodian shall remain responsible to ensure that access to public records is afforded to requesting parties. (b). It shall be the responsibility of the City Clerk to monitor compliance with the policies and procedures established in this Ordinance and implement the provisions of this Ordinance on a day-to-day basis. The City Clerk shall be the City's centralized public records contact person for tracking public records requests submitted to all City departments and offices. (c). The City Clerk is hereby declared to be the records custodian and manager of all City public records and shall have authority to implement the provisions of this Ordinance in consultation with the City Manager and City Attorney; provided, however, that each department director and manager of an office within City government shall be deemed to be a custodian of public records for the purposes of implementing the provisions of this Ordinance. Assistant custodians may be designated, in writing, with the designee executing the written designation and acknowledging the requirements relating to that designation and this Ordinance. With regard to the operations of the Police Department and the Fire Department, both the Police Chief and the Fire Chief shall have the obligations of the City Clerk for the requirements of this Ordinance as they relate to their respective departments in terms of complying with public records requests directed to public records pertaining to records maintained within those departments; provided, however, that the Police Chief and Fire Chief may designate, in writing, with the designee executing the written designation and acknowledging the requirements relating to that designation and this Ordinance, the responsibility for being the primary person responsible for public records matters within those respective departments. (d). The City Attorney shall provide an annual report to the City Commission relating to changes 12 in public records laws. The City Clerk shall provide an annual report relating to access to City records and compliance with the provisions of this Ordinance. (e). To the extent not implemented by this Ordinance, the provisions of Resolution Number 2177 (Records Management Program) shall be implemented by the City Manager, in conjunction with the City Clerk and City Attorney, by means of the adoption of administrative rules. K) DESTRUCTION OF PUBLIC RECORDS Pursuant to the requirements of section 119.041, Florida Statutes, the Records Custodians, through the City Clerk's Office, shall systematically dispose of their departments' public records no longer needed by the City, in accordance with the provisions of adopted Resolution No. 2177. 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 4. Repeal of Prior Inconsistent Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Ordinance 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. Section 6. Effective date. This Ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the City Commission of the City of Sanford, Florida, this 14th day of April, 2014. Attest: City Commission of the city of Sanford, Florida. 1,AIS Cynthia rter, City Clerk Jeff Triple , M� AT 13 For use and reliance of the Sanford City Commission only. Approved as to form and legality. illiam L. Colbert, City Attorney 14 SWOT%ic OM Ar V4 —1877- Request for Confidentiality (Request to be completed by residents and property owners in the City of Sanford) Florida law provides that all state, county and municipal records are open for personal inspection and thus, the City of Sanford has a duty to provide access to its public records, including information that may become available via the internet as tools are implemented by the City that facilitate this form of access. All City records are subject to public disclosure and inspection pursuant to Chapter 119, Florida Statutes, unless there is a specific exemption for a particular record. The reader is directed to the Florida Statutes for more details regarding Chapter 119.07 at the following website: http://www.leo.state.fl.us/statutes/ Individuals that qualify for an exemption must submit a complete and notarized "Request for Confidentiality" form to the City of Sanford City Clerk's Office in order to seek redaction of names and other identifying information from the City's public records. In general, qualifying individuals are residents of the City of Sanford, who own property in the City of Sanford, and are involved in certain positions of public service including, but not limited to, Law Enforcement, Code Enforcement, Firefighters, State and U.S. Attorneys, etc. Simply print and complete the form that immediately follows on the pages below, then bring them to the City Clerk for processing along with official documentation that validates the individual's confidentiality qualification. Blank forms may also be obtained from the City Clerk's Office at City Hall. For further assistance please call (407)688.5014 REQUEST FOR CONFIDENTIALITY While Chapter 119, Florida Statutes, provides that it is the general policy of the state that all state, county, and municipal records are open for personal inspection and copying by any person, certain personal identifying information of certain agency personnel,their spouse, and children is explicitly exempt from disclosure as part of the public record. Those individuals who desire to benefit from such exemption are required to submit a written request for maintenance of the exemption to the City of Sanford City Clerk's Office. Upon receipt and review of a Request for Confidentiality, the City Clerk shall maintain the exempt status of the personal information with regard to the City's Official Records. See generally§119.071,Fla.Stat.(2006). Please be advised that any person seeking exemption of personal identifying information from the City's public records may be asked to provide supporting documentation showing such exemption is warranted. (Please print) Full Name: Other names used: Home/Property Address: City, State,Zip: Social Security No.: Telephone No: I am a(n): (Please select only one(1)of the following): _ Active _ Former Spouse of an active Spouse of a former Child of an active Child of a former (Please select all that apply): Law Enforcement Personnel (including correctional and correctional probation officers) Department of Children & Family Services Personnel (whose duties include the investigation of abuse, neglect, exploitation,fraud, theft, or other criminal activity) Department of Health Personnel(whose duties include support and investigation of child abuse or neglect) Department of Revenue or Local Government Personnel (whose duties include revenue collection and enforcement or child support enforcement) Justice or Judge (U.S. Court of Appeal, U.S. District Court, Magistrate) State Attorney, Assistant State Attorney, Statewide Prosecutor, Assistant Statewide Prosecutor, U.S. Attorney, or Assistant U.S.Attorney Water Management District or Local Government Personnel (if employed as Human Resource, Labor Relations or employee Relations Director, Assistant Director, Manager or Assistant Manager AND whose duties include hiring and firing, labor contract negotiation,administration, or other personnel duties) Code Enforcement Officer _ Guardian Ad Litem (If seeking confidentiality as a Guardian Ad Litem, a written statement shall be submitted providing that reasonable efforts have been made to protect confidential information from being accessible to the public through other means.) Juvenile Probation Officer or Supervisor; Detention Superintendent, Assistant Detention Superintendent, Senior Juvenile Detention Officer, Juvenile Detention Officer or Supervisor Other(Please specify exempt entity: OR CITY OF SANFORD •City Hall 300 N.Park Avenue—Sanford, FL 32772 (December, 2013)