HomeMy Public PortalAboutResolution No. 23-072 - Establishing a public records retention and disposition policy for the City of Opa-lockaSponsored by: City Clerk
RESOLUTION NO. 23-072
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, ESTABLISHING A PUBLIC
RECORDS, RECORD RETENTION AND DISPOSITION
POLICY FOR THE CITY OF OPA-LOCKA, FLORIDA;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING AN EFFECTIVE DATE. Sponsored by City Clerk
WHEREAS, the City Commission of the City of Opa-Locka desires to adopt and establish
the Public Records, Record Retention and Disposition Policy attached as Exhibit "A"; and
WHEREAS, the City Commission of the City of Opa-Locka maintains that transparency
in government should always be a top priority; and
WHEREAS, the City Commission of the City of Opa-Locka finds that adoption of the
Public Records Policy attached hereto is in the best interests of the City of Opa-Locka.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka authorizes the adoption of
the Public Records, Record Retention and Disposition Policy attached hereto as Exhibit "A".
Section 3.
of Opa-Locka.
Section 4.
The Policy shall be kept on file in the Office of the City Clerk of the City
Sections of this Resolution may be renumbered or re -lettered and correction
of typographical errors which do not affect the intent may be authorized, following review by the
City Attorney, without the need for public hearing, by filing a corrected copy of same with the City
Clerk
Section 5. This Resolution shall take effect upon the adoption and is subject to the
approval of the Governor or Governor's Designee.
PASSED and ADOPTED this 24th day of May, 2023.
John ' . Tayl • r Jr., Mayor
Resolution No. 23-072
ATTEST:
Flores, City Clerk
Joann'
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
`-Bernadette Dorris -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
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City of Opa-Locka
Aienda Cover Memo
Office of the
City Clerk:
Joanna Flores
Commission
Meeting
Date:
05/24/2023
Item Type:
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Ordinance
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2nd Reading
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Public Hearing:
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Ex:
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Advertising Requirement:
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Required:
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No
RFP/RFQ/Bid#:
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Strategic
Plan Related
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Strategic Plan Priority
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Sponsor
Name
City Clerk
Department:
Office of the City Clerk
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
ESTABLISHING A PUBLIC RECORDS, RECORD RETENTION AND DISPOSITION POLICY
FOR THE CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
In response to Finding # 81 included in the 99 Findings which the City of Opa-locka must take
corrective action on per the Auditor General of the State of Florida, the City Clerk's Office is
implementing a city-wide policy for Public Records Request Retention and Disposition.
Proposed Action:
The City Clerk recommends that the City Commission approve the legislation to establish, adopt, and
implement the city's Public Records, Record Retention and Disposition policy.
Attachment:
1. Agenda Cover Memo
2. Public Records, Records Retention and Disposition Policy
CITY OF OPA-LOCKA
PUBLIC RECORDS, RECORD RETENTION & DISPOSITION POLICY
DEPARTMENT: City Clerk
DATE ADOPTED: TBD
SECTION A — EXECUTIVE SUMMARY
A.01 — Authority
Florida Constitution, Article 1, Section 24;
Florida Statutes, Chapter 119 (Public Records);
Florida Statutes, §257.36 (Records Disposition);
Florida Statutes, Chapter 668 (Electronic Commerce);
Florida Statutes (various chapters / exemptions to public access to certain records);
Florida Administrative Code (F.A.C.), Ch. 1 B-24 (Disposal of Records);
Florida Administrative Code (F.A.C.), Ch. 1 B-26 (Electronic Record -keeping);
Florida Records Retention Schedules;
City Charter, Citizens' Bill of Rights
A.02 — Scope of Applicability
This policy shall apply to all departments of the City of Opa-locka.
A.03 — Purpose
It is the purpose of this policy to ensure that the public records of the City of Opa-locka
are efficiently distributed, retained and disposed in a manner consistent with Florida
Statutes, Florida Administrative Code, the Florida Public Records Act, and the City
Charter.
A.04 — Policy Statement
It is the policy of the City of Opa-locka to comply with the Public Records Act by making
the City's public records available for inspection at reasonable times and under
reasonable circumstances and, upon request, provide copies of such records at costs
authorized by Florida Statutes. Furthermore, it is recognized that employees have a duty
to preserve and retain all public records, including electronic communications, in
compliance with Florida Law.
A.05 — Supplemental Administrative Policies & Procedures
The City Clerk ("Clerk") is authorized to adopt additional administrative policies, if
necessary to carry out the recordkeeping and public records functions of the City. All such
additional policies and procedures shall be incorporated herein.
City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
A.06 — Prompt Handling
It is the goal of the City of Opa-locka to fulfill public records requests promptly and in good
faith, as stipulated in Florida law, provided that the requested records are readily
accessible and absent of exempt or confidential information. Voluminous requests,
requests spanning multiple city departments, or requests for records requiring redaction
of statutorily exempt or confidential information may result in longer response times.
SECTION B — CUSTODIAN OF RECORDS
B.01 — Custodian of Records
While public records requests may be submitted to city employees/departments for the
most expeditious processing, public records should be submitted online at
https://opalockafl.iustfoia.com/publicportal or directed to the following:
City Clerk
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Phone — (305) 953-2800
Email: iflores(a�opalockafl.gov
City employees/departments who receive a public records request directly shall promptly
notify the City Clerk's Office.
SECTION C — DEFINITIONS
Appointed Officials: Shall mean the City Manager, City Attorney and City Clerk.
Confidential Public Records: Shall be those records, or portion thereof, specifically
designated as "confidential" by applicable statute. Unlike "exempt" records, the City has
no discretion and may not release records designated by the Florida Legislature as
confidential.
Electronic Communications: All communications, regardless of the technology or
means of transmission, sent electronically from one device to another. This includes
electronic mail (e-mail), SMS messages (text messages), MMS (multimedia / picture
messages), social media records (Facebook, lnstagram, YouTube, Twitter, etc.).
Employee: As used in this policy, employee shall include all persons who are full-time or
part-time employees of the City of Opa-locka, including the Mayor and City
Commissioners, and shall also include any non -paid volunteers, interns, and appointees
to the various advisory boards and committees.
Exempt Public Records: Shall be those records, or portions thereof, specifically
designated as "exempt" by applicable statute. As exempt records, the City has discretion
to release such records, in whole or in part, when there is a public purpose.
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
Long -Term Record: For the purposes of this policy, records having a minimum retention
period of 5 years, or greater, shall be considered long-term records. In addition, any
records a department intends to or has retained for 5 or more years, regardless of the
minimum retention period, shall be considered long-term records.
Public Record: Shall have the definition as specified by §119.011 (12), F.S., as may be
amended from time to time, which currently reads:
"all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the 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 any
agency".
The definition shall be interpreted liberally to include all records prepared in connection
with official agency business, including electronic communications, which are intended to
perpetuate, communicate, or formalize knowledge. This definition includes e -mails and
text messages created or transmitted in connection with transactions of official business,
regardless of whether the communication was sent from a City -owned device or a
privately owned device.
Records Custodian: Employee designated as responsible for processing Public
Records Request within a specific department or division of the City for the records
maintained therein.
Redact / Redaction: The act of censoring all or part of a record to obscure or excise
information contained therein that is exempt or confidential, thereby preventing public
disclosure of the protected content.
Research: Shall mean those instances where the City elects to compile information that
is not routinely developed or maintained by the agency or that requires extensive amount
of manipulation or computer programming.
Records Management System (RMS): The centralized record management system
implemented by the City and administrated by the Clerk. Currently, the Clerk administers
Laserfiche as the City's RMS.
Readily Accessible Record: A record that is routine in nature, easily located by staff
with a minimum of effort, is in a medium that affords easy duplication, and which requires
no redaction of exempt or confidential information. Examples of readily available records
may include City budgets, minutes of official meetings, copies of public notices, etc.
SECTION D — RECORDS RETENTION
D.01 — Retention
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
Records meeting the statutory definition of "public records" must be retained in
accordance with Florida law. Records may not be disposed of until the longest applicable
retention period has been satisfied, per the public retention schedules.
D.02 — Retention Schedules
The State of Florida Department of State, Division of Library & Information Services
(DLIS), per rulemaking authority granted by §257.36(6), F.S., has developed a set of
record schedules containing individual record series defining various public records, and
establishing minimum retention requirements. Employees must adhere to these
schedules and shall keep records in compliance with the longest retention period
imposed.
D.03 — Long -Term Records
It is the policy of the City that all departments utilize the established records management
system (RMS) as the primary public records repository for all long-term records of the
City. Short-term records may also be stored in the RMS, at the discretion of the
appropriate department director.
D.04 — Electronic Mail
All electronic mail (e-mail) communications meeting the statutory definition of a "public
record" must be retained in accordance with Florida law. To satisfy this requirement, the
City shall acquire, implement, and maintain IT systems which maintain a searchable
archive of messages sent or received from the City's centralized e-mail platform (e.g.
Microsoft Outlook / Exchange).
To ensure that all e-mail messages meeting the definition of a "public record" are retained,
city employees are specifically prohibited from using private, non -City e-mail servers to
conduct City business (e.g. @gmail.com, @yahoo.com, etc.). Furthermore, should any
employee receive unsolicited e-mail communications to their private/personal e-mail
account, it is the duty of the employee to preserve and retain all communications meeting
the definition of a "public record" and to promptly transfer those records to the custody of
the City. (See also: D.05 Text Messaging & Other Electronic Communications)
D.05 — Text Messaging & Other Electronic Communications
Employees shall transmit and/or receive text messages only on devices owned or leased
by the City of Opa-locka. All City -issued cellular/mobile phones shall be enrolled into the
retention system to ensure that all communications sent or received on the City -owned
device are automatically retained for public record purposes.
Note: Under this policy, it shall be permissible to transmit messages from a personally
owned phone to a City -issued phone, or vice versa, as the City -issued phone will preserve
a record of all communications. It is the intent of this section to prohibit business -related
communications originating from a private device from being transmitted to another
privately owned device, thereby circumventing the City's automatic retention software.
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
Personally Owned Devices: Employees are specifically prohibited from transmitting or
receiving any written electronic communications concerning City business on privately
owned devices. Furthermore, should an employee (1) receive unsolicited
communications on a non -City -owned device or (2) inadvertently transmit such
communications, it is the duty of the employee to preserve and retain all communications
meeting the definition of a "public record" and to promptly transfer those records to the
custody of the City. (See also D.04 Electronic Mail)
Technologies other than text messaging: This prohibition shall be broadly interpreted to
prohibit the use of any technology for which the City lacks a mechanism to automatically
retain every written communication, including instant messaging, personal messaging,
and social media (Facebook, Twitter, lnstagram, Skype, Teams, Zoom, etc.).
D.06 — Social Media Records
The Information Technology Department shall implement a retention system to collect
and store all content posted to City -owned or maintained social media accounts.
SECTION E — RECORDS DISPOSITION AND DESTRUCTION
E.01 — Disposal of Records; Active Request or Litigation
No record which is the subject of an active public records request, or which pertains to
active, pending, or anticipated litigation shall be disposed of without the written consent
of the City Attorney.
Records pertaining to an inactive or abandoned records request shall be maintained for
at least 30 days after the completion of the request.
All other records may be disposed upon the expiration of the longest applicable retention
period. When disposal is conducted, all records containing exempt or confidential
information shall be disposed of using a means of destruction authorized by the Florida
Administrative Code.
E.02 — Email Disposal
As e-mail is the most abundant record created or received by the City's government, it is
impractical to retain such quantities of records en masse for lengthy periods of time.
Therefore, it shall be the policy of the City of Opa-locka to dispose of e-mail messages
after a period of five years except messages sent or received by specified senior staff,
specifically the Mayor, City Commissioners and their aides; appointed officials and their
aides; and department heads, which shall be retained for a period of at least 15 years.
Up to the point of disposition, staff shall have the ability to transfer selected e-mail
messages from the main e-mail repository and refile same into the subject matter file to
which they pertain (e.g. e -mails relating to a building permit can be transferred from the
e-mail repository and filed with the permit file).
E.03 — Disposal Notification
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
Employees/Departments shall notify the Clerk upon the destruction of any public records
in the custody of the City.
E.04 — Annual Report to the Florida Department of State
In accordance with Ch. 257, F.S., the Clerk shall complete and return the annual
statement to the Florida Department of State summarizing the records disposed of during
the year.
SECTION F — PUBLIC RECORDS REQUESTS
F.01 — Written Request Not Required
A member of the public shall not be required to submit their request in writing, upon any
pre-printed or electronic form. A request may be submitted in any format including written,
orally, or via electronic communication including telephone, e-mail or fax. Employees
must honor a public records request in any format and/or means of submittal. However,
the City encourages requestors to submit requests online at
https://opalockafl.justfoia.com/publicportal, thereby providing documentation of their
requests should any dispute arise.
F.02 — Acknowledgement and Timely Response Required
Florida courts have ruled that the only permissible delay to providing access to public
records is the reasonable amount of time necessary for custodians to locate the
responsive records and enforce any applicable exemptions thereto. Therefore, staff shall
promptly acknowledge all public records requests and respond in good faith.
F.03 — Clerk to Coordinate Requests
The Clerk shall serve as the centralized coordinator of all requests for City records.
F.04 — Log of Requests
The Clerk shall be notified of all requests for City records and the Clerk shall keep a log
of all requests.
F.05 — Requests When Litigation Pending
In the event the individual or entity requesting access to public records is involved in
active or threatened litigation, or is representing such persons, such a request shall be
referred to the City Attorney's Office. The City Attorney shall notify the Clerk upon the
completion of the request.
F.06 — Screening Records for Exempt or Confidential Information
By Florida Law, records custodians are mandated to review records which are known or
suspected to contain exempt or confidential content. If a review of the responsive
record(s) is warranted, it shall be completed expeditiously by a property trained employee.
Public records declared as Exempt or Confidential by law shall not be made available for
inspection or copying to a member of the public, unless the exempted portions are
sufficiently redacted to prevent disclosure.
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
F.07 — Choice of Formats
If City records are available in more than one format, the requestor may choose which
format/medium to receive; however, staff is not required to convert records into a new
medium or format. Furthermore, staff shall not convert records from one format to another
with the intent of frustrating or inconveniencing the requestor or hindering the requestor's
ability to easily and conveniently utilize the records or data.
F.08 — Search Parameters
Requestors are highly encouraged to provide as much detail in each request so as to
positively identify the records sought. Specifically, it is helpful for the requestor to:
1. Provide a date range
2. Provide the name(s) of the specific employee(s), individual(s), City
Department(s), and/or business entity(ies) pertaining to the inquiry
3. Provide a list of relevant keywords or search parameters
4. If the request pertains to e-mail, provide the relevant e-mail address(es) and/or
domain name(s), if known
5. If the request pertains to property, provide the address, parcel number, or
owner's name, if known
Providing such detail greatly assists City staff in narrowing the scope of the request to
encompass only those records sought — which reduces time necessary to provide access
to the requested records and can reduce the cost of fulfilling the request, if any.
F.9 — Fees
The City shall assess any applicable fee associated with public records requests as
authorized by Chapter 119, F.S. Fees are for those items set out in §119.07(4), F.S. For
other consumable materials not specifically addressed by said statute, the actual cost of
duplication, materials, and postage shall be charged.
If the nature or volume of public records requested to be inspected, examined, or copied
is such as to require extensive use of clerical or supervisory assistance by personnel of
the department or division involved, in addition to the actual cost of duplication, a special
service charge of not less than Fifteen Dollars ($15.00) per hour shall be imposed. The
service charge may exceed this amount, based on the actual hourly rate of the lowest
paid personnel that can provide the service.
F.10 — Deposit Required When Fees Assessed
For requests where a fee or special service charge is assessed, staff shall transmit a cost
estimate to the requestor and obtain a deposit in the amount of 50% of the total estimate
prior to initiating any work relative to the request. In such cases, the responsive records
shall not be provided to the requestor until all outstanding assessments have been paid
in full. (See F.12 Abandoned Requests)
F.11 — Abandoned Requests
City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
Should the City attempt to contact the requestor and/or transmit a cost estimate and the
requestor fails to respond in good faith, the City shall deem the request as "abandoned"
after a period of 14 calendar days and the log shall reflect abandonment. In cases where
holidays or other closures of the City's administrative offices occur, staff shall afford
reasonable additional time to the requestor to respond.
F.12 — Request for Employee Personnel Files
As the City possesses many records relative to individual employees, it is necessary to
define the specific items that shall comprise the official "personnel file" in order to provide
consistency in the release of records pursuant to the public records request. For purposes
of responding to a public records request, the "personnel file" shall constitute those items
which document an employee's work history and career events (hiring, transfer,
promotion, dismissal, resignation, retirement, etc.) compensation, training,
commendations, performance evaluations, disciplinary actions, and/or work injuries. This
definition thereby excludes records pertaining to fringe benefit selections (i.e. annual open
enrollment), garnishments, timesheet/payroll data, background or driving history checks,
drug and alcohol tests, federal tax related forms, pension records, etc.
F.13 — Electronic Date
Florida Law mandates that information technology (IT) systems implemented by public
agencies shall not erode the public's access to records (see §119.07(2) (a), F.S.).
Therefore, staff shall provide access to raw data. In the event that no preexisting report
or query exists to extract the records sought, a special service charge for extensive use
of resources or staff time may be assessed, in compliance with this policy.
F.14 — Requests for Research
Requests for research of City records may be accommodated at the convenience of the
City (pursuant to §119.07(2) (f), F.S.). In the event the City elects to conduct research, a
research fee shall be levied in the amount of the actual costs of conducting research.
F.15 — Standing Requests
The City shall not accept any standing request for records that do not yet exist, or for
records which may be created or received by the City at some future date. The City is
only obligated to respond to requests by providing records which exist at the time a public
records request is submitted.
F.16 — Requests by Employees
Mayor/City Commission: The members of the City of Opa-locka Commission and
appointed officials shall have access to all general records of the municipality,
except those which may relate to active/ongoing investigations.
City Auditor: In compliance with §119.07(6), F.S., the City Auditor shall be
afforded access to the records necessary for fulfilling his/her duties.
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City of opa-Iocka
Public Records, Records Retention & Disposition Policy
City Ethics Officer: The City's Ethics Officer shall be afforded access to the
records necessary for fulfilling his/her duties.
All Other Employees: Requests by an employee in the normal course of his/her
duties shall not fall under the purview of this policy.
F.17 — Email Address Confidentiality
Under Florida law, e-mail addresses are public records. If an individual does not want
their e-mail address released in response to a public records request, they should not
send electronic mail to any City employee. Instead, contact the office by phone or in
writing. (§668.6076, F.S.)
F.18 — Certified Records
For certification, eligible records in City custody shall be certified by affixing the City Seal
and being countersigned by the Clerk or Deputy Clerk. The Clerk may assess the
statutory fee for certification of records.
SECTION G — TRAINING, COMPLIANCE, AND VIOLATIONS
G.01 — Violations
Employees are hereby notified that violation of public records law or City policies
concerning public records shall be grounds for disciplinary action. Repeated violations or
flagrant abuses shall be grounds for termination.
G.02 — Sunshine Manual
On an annual basis, the Mayor/Commission, appointed officials and department heads
shall be provided a copy of the latest version of the Florida Attorney General's Sunshine
Manual.
SECTION G — MISCELLANEOUS PROVISIONS
G.01 — Administration
The Clerk shall be responsible for the preparation of any forms necessary for the
implementation of this policy. It shall be his/her responsibility to administer this policy and
to recommend any amendments that may, from time to time, be appropriate.
G.02 — Ministerial Amendments
The Clerk is authorized to periodically update this policy in the event of legislative changes
to the Public Records Act or other exemptions created or abolished by the Florida
Legislature, or to incorporate new case law from Florida courts. A record of such
amendments shall be kept by the Clerk and shall be reflected in the revision history of
this policy.
The Clerk shall notify the Mayor/Commission via memorandum of any planned ministerial
revisions to this policy and the revisions shall become effective 30 days thereafter
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City of Opa-Iocka
Public Records, Records Retention & Disposition Policy
notwithstanding the objection of any member of the City Commission. Upon any objection,
the Clerk shall place the revisions on a regular meeting agenda for ratification by the full
City Commission.
All substantive amendments to this policy shall require ratification by the City
Commission.
G.O3 — Effective Date
This policy shall become effective upon adoption by the City Commission.
Revision History:
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