4601 Relating to Public RecordsOrdinance No. 2021-4601
An ordinance of the City of Sanford, Florida repealing all provisions
of Sections 1-35 through 1-44 of the Code of Ordinances of the City
of Sanford and Resolution Number 2177 relating to public records;
providing for legislative findings and intent; providing for
Implementing administrative actions; providing for conflicts,
providing for a savings provision; providing for severability;
providing for codification; and providing for an effective date.
Whereas, the City Commission of the City of Sanford desired to ensure that
the rights of all persons relating to public records are protected in every respect; and
Whereas, the City Commission of the City of Sanford has deemed approval of
this Ordinance to be in the best interest of the residents and citizens of the City of
Sanford and to further the public health, safety and welfare; and
Whereas, the City Commission of the City of Sanford has complied with all
procedural and substantive requirements of controlling law in enacting this Ordinance.
Now Therefore, Be it enacted by the People of the City of Sanford:
Section 1. Legislative Findings And Intent. The City Commission of
the City of Sanford hereby adopts and incorporates into this Ordinance the recitals
(whereas clauses) set forth herein as the legislative and administrative findings and
intent of the City Commission which, together with the agenda materials, memorandum
and staff reports shall be maintained consistent with the maintenance schedule for
ordinances, as public records of the City.
Section 2. Repealer; Sections 1-35 through 1-44, City Code; Resolution
Number 2177.
(a). The provisions Sections 1-35 through 1-44 of the City Code are hereby
repealed.
(b). The provisions of Resolution Number 2177 are hereby repealed.
a Ig e
Section 3. Implementing Administrative Actions.
The City Manager, City Clerk and City Attorney are hereby authorized and
directed to implement the provisions of this Ordinance and to take any and all
necessary administrative actions to bring into effect the provisions of this Ordinance.
The policy of the City shall be to adhere to the requirements of controlling State law
relating to public records to the maximum extent. Administrative policies and procedures
shall be developed by the City Attorney and jointly adopted by the City Manager and
City Clerk to implement the provisions of State law in an administratively sound and
effective manner. The City Clerk may establish fees and charges for those matters that
are not specifically enumerated in controlling State law. The City Clerk shall be the
primary Charter official with the records management and maintenance functions of the
City. The City Clerk may make such budget requests to the City Commission in order
for the City to stay technologically advances and proficient in order to best serve the
public. The above being stated, it is the firm and resolute policy of the City to be an
open and transparent government which provides maximum access to public records in
accordance with the controlling provisions of State law.
Section 4. Conflicts.
All ordinances or parts thereof in conflict with this Ordinance are hereby
repealed.
Section 5. Savings.
The prior actions of the City of Sanford in terms of the matters relating public
records management and maintenance, as well as any and all actions and activities of
the City pertaining thereto or of an associated nature, are hereby ratified and affirmed.
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Section 6. Codification.
The actions required by this Ordinance shall be implemented as deemed
appropriate by the Code codifier. The provisions of Section 3 need not be codified, but
shall be the ongoing policy of the City unless and until modified by legislative action of
the City Commission.
Section 7. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance,
or application hereof, is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed a separate, distinct,
and independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 8. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 26th day of April, 2021.
Attest.*
owvC��J1,00101, mWt C
Traci Houchin, MMC, FCRM, City C
Approved as to form and
Legality:
William L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, Florida, Seminole County,
3 CJ
CITY OF
SkNru.wa
FLORIDA
CITY COMMISSION MEMORANDUM 21.105
APRIL 26, 2021 AGENDA
To: Honorable Mayor and Members of the Cit3
PREPARED BY: Traci Houchin, MMC, FCRM, City
rt
SUBMITTED BY: Noon N. Bonaparte, Jr., ICMAAM�,City
SUBJECT: Ordinance Relating To Public Records.®r,
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
F-1 Promote the City's Distinct Culture
Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. r7.
No. 4601.
The City Commission is being requested to approve Ordinance No. 4601, relating to public
records.
FISCAL/STAFFING STATEMENT:
There are no anticipated costs to the City. Indeed, the clarification of the matters addressed in the
proposed Ordinance No. 4601 will reduce the potential costs to the City in terms of issues that
could arise in the implementation of the City's duties under controlling law relating to public
records administration and in terms of reduced staff time in addressing public records issues.
BACKGROUND:
The provisions of Ordinance No. 4601 repeat Sections 1-35 through 1-44 of the City Code and the
provisions of Resolution No. 2177, all of which relates to public records administration in the City.
The text of those documents creates ambiguity in terms of the correct implementation of the
controlling provisions of State law by City personnel. State law is very clear on those duties and
much guidance is provided in the annual publication of the First Amendment Foundation entitled
Florida's Government -In -The -Sunshine Manual and Public Records LaI4, Manual which is
prepared by the office of the Florida Attorney General.
Internal City matters can be adequately addressed by administrative policies developed
collaboratively by the City Manager, City Clerk and City Attorney. To that end, Ordinance No.
4601 provides for implementing administrative actions and states that the City Manager, City
Clerk and City Attorney "are hereby authorized and directed to implement the provisions of this
Ordinance and to take any and all necessary administrative actions to bring into effect the
provisions of this Ordinance."
I I P t !-,> ",
Ordinance No. 4601 also provides that:
The policy of the City shall be to adhere to the requirements of controlling State
law relating to public records to the maximum extent. Administrative policies and
procedures shall be developed by the City Attorney and jointly adopted by the City
Manager and City Clerk to implement the provisions of State law in an
administratively sound and effective manner. The City Clerk may establish fees and
charges for those matters that are not specifically enumerated in controlling State
law. The City Clerk shall be the primary Charter official with the records
management and maintenance functions of the City. The City Clerk may make such
budget requests to the City Commission in order for the City to stay technologically
advances and proficient in order to best serve the public. The above being stated, it
is the firm and resolute policy of the City to be an open and transparent government
which provides maximum access to public records in accordance with the
controlling provisions of State law.
Accordingly, the City Commission's firm policy in favor of transparency in City government will
be implemented and adhered to in every respect after the enactment of Ordinance No. 4601.
LEGAL RF-viEw:
The City Attorney has assisted in the development of Ordinance No. 4601.
The City Commission approved the first reading of Ordinance No. 4601 on April 12, 2021.
The City Clerk published notice of the 2 "d Public Hearing in the Sanford Herald on April 25, 2021.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4601.
SUGGESTED MOTION:
I move to adopt Ordinance No. 4601."
Attachment: Ordinance No. 4601.
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