HomeMy Public PortalAboutPublic Records Policy 10-09-15TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
PUBLIC REcoRDs
COMPLIANCE PROGRAM
TABLE OF CONTENTS
(1) POLICIES AND PROCEDURES
(2) CHAIN OF COMMAND
(3) STAFF EDUCATION AND TRAINING
(4) MONITORING OF INCOMING REQUESTS
(5) REPORTING COMPLIANCE TO THE TOWN COMMISSION
(6) ENFORCEMENT OF POLICIES
(7) ANNUAL REVIEW
ATTACHMENT A: SAMPLE ACKNOWLEDGMENT LETTER
ATTACHMENT B: SAMPLE REQUEST FOR CLARIFICATION LETTER
ATTACHMENT C: ACTUAL COST OF DUPLICATION
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(1) POLICIES AND PROCEDURES
1. Introduction
Florida law provides that materials made or received pursuant to law or ordinance, or in
connection with the transaction of official business by the Town of Gulf Stream ("Town") are
public records. Public records are different from records of businesses and private organizations,
and Florida Law requires municipal records to be open for personal inspection and copying by
any person. The only records that can be withheld from public disclosure are those specifically
designated by the Florida Statutes as confidential or exempt, and employees and agencies do not
have the authority to withhold records deemed "sensitive." This document provides employees
with information necessary to understand and carry out their public records responsibilities.
This document affirms the public's right to access Town records and the commitment of the
Town to respond to each request in a time that is reasonable under the circumstances of each
request. It also sets forth procedures to facilitate access to the information requested and to
establish fees to be paid to the Town to cover the cost of responding to public records requests.
2. Policy
It is the Town's policy to ensure that public records in the Town's custody are maintained and
managed as required by Florida's public records laws. These laws provide that materials made or
received pursuant to law or ordinance, or in connection with the transaction of official business
by Florida's local governments are public records.
The Town encourages its citizens to use the internet to access Town documents. Agendas and
meeting minutes related to the Town's business, and other documents, are often posted online.
The Town responds to all public records requests in a timely manner. A Town employee is
designated as the Public Records Coordinator by the Town Manager to assist with the production
of public records requests, and reports directly to the Town Manager. It is the policy of the Town
that all public records, with the exception of records or portions of records exempted by Florida
Statutes, shall be open for personal inspection by any person.
3. Purpose
The purpose of this document is to provide Town employees with the information and
procedures necessary to understand and cavy out their responsibilities under Florida's Public
Records Laws, including the requirements for managing public records, and the manner in which
public records requests are to be processed to ensure that responses to each request are
organized, inclusive, and in compliance with applicable statutes and rules.
4. Scope
This document applies to all Town employees, who are responsible for forwarding any public
records requests to the Public Records Coordinator. This document also applies to all public
records of the Town, regardless of the medium in which they exist, i.e. paper or electronic.
5. Definitions
a. "Public records" are 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. Florida Statutes §
119.011(12).
b. "Confidential" means public records that have been identified in the Florida
Statutes as confidential. The information in these records is not subject to
inspection by the public and may be released only to the persons and entities
designated in the statute.
c. "Exempt" means public records that have been identified in Florida Statutes
Chapter 119 or other applicable Florida Statutes as exempt from public
disclosure.
d. "Inactive records" means records which have lost some of their value or have
been superseded by new records, but have not reached their specified
retention. Records that are referenced less than once per month are usually
considered inactive.
e. "GS1-SL" means the General Records Schedule GSI -SL for State and Local
Government Agencies, which is available at
httv:Hdlis.dos.state.fl.us/recordsmgmt/gen records schedules.cfin
LI
6. Records Management
Records management entails retention, storage, disposition, and all other record-keeping
requirements and practices that support Department programs, activities, operations, and
accomplishments in order to best serve the public. These activities should consider the following:
a. Organization and Maintenance: Public Records shall be organized, arranged, and
maintained using a filing or record keeping system that is appropriate to the
nature, purpose, and use of the records, can be easily understood by all users, and
facilitates the location of and access to those records by all users, when and where
it is needed.
b. Retention of records: The Town follows the General Records Schedule GSI -SL
for State and Local Government Agencies and other General Records Schedules
that may apply to specific records maintained by the Town, e.g. records pertaining
to Law Enforcement.
c. Disposition of Records: The Town should systematically dispose of public
records that have met their retention requirements and are no longer needed. The
Town Clerk or other designated records custodian must properly document
disposition of public records. A records disposition document form is available
from the Division of Library and Information Services website at
httv://dlis.dos.state.fl.us/barm/forms/dispositiondoc.i)df The Town Clerk or other
designated records custodian must permanently retain completed disposition
forms.
7. Procedures for responding to a Public Records Request
A public records request is a request to either inspect or copy, or both, public records pursuant to
Florida Statutes Chapter 119. There is no requirement that the request be made in person or in
writing, or be in any particular form. The person making the request is not required to identify
himself or herself, or to provide information about the reason for the request, or how the records
will be used.
The Town must respond to all public records requests in a reasonable time, taking into account
the extent, scope, and nature of the request. If a request is extremely narrow in scope, and a
document is immediately available, and time and costs spent to provide access or to otherwise
respond to a public records request are nominal, then Town employees and contractors are
encouraged to fulfill the request at the time it is made. Production of documents that are $1 or
less will be provided free of charge. In all cases, the Town employee or contractor should also
notify the Public Records Coordinator of a public records request.
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The Town of Gulf Stream has developed the following internal procedures to respond to a public
records request and assist the public in obtaining public records:
a. Mark public records requests as received.
If the request is received by someone other than the Public Records Coordinator, the employee
will forward the request to the Public Records Coordinator, who will then add the request to the
Public Records Log for monitoring purposes.
b. Acknowledge receipt of a public records request.
As soon as reasonably possible after the receipt of a Public Records Request, the Town of Gulf
Stream should acknowledge the request in writing. A sample letter is provided as Attachment A.
The letter may also notify the requestor of the possibility of costs, may provide an estimate of
costs, or may request a deposit for costs, as further discussed below.
c. Request clarification, as needed.
As a courtesy to the requestor to ensure the proper documents are produced or an accurate
estimate is provided, the Town may send correspondence asking a requestor to clarify the request
before proceeding with production or an estimate. Requests for clarification may be sent out
when a request is very broad in scope, ambiguous, or if the Public Records Coordinator
otherwise determines that he or she needs further clarification to fulfill the request. A sample
letter is provided as Attachment B.
d. Coordinate with contractors, commissions, and other third parties, as needed.
Some public records requests may relate to documents not currently in the possession of the
Town. For example, documents may be in the possession of a commission member or member of
a Town board, the Town Attorney, or a contractor to the Town.
If requests for public records are received by persons who are not Town employees, the Public
Records Coordinator should be notified, and should provide the necessary coordination to ensure
a proper effort to respond to the public records request. The Public Records Coordinator should
also consult with the Town Attorney to ensure that confidential or exempt records, or otherwise
private records, are not unnecessarily produced.
C
e. Provide an estimate of costs.
For public records requests exceeding $1, the Public Records Coordinator may provide an
estimate of the cost to produce the documents, either in the acknowledgement letter, or in
separate correspondence. Estimates should contain an itemized breakdown of costs per page and
special service charges. The Town Clerk or designee shall collect the deposit and the Town will
commence production of documents only after receiving a deposit. Deposit fees may be paid by
cash, check, or money order made payable to the Town of Gulf Stream. If an estimate proves too
high, overpayments will be promptly refunded when the public records request is closed. If an
estimate proves too low, the Town will provide a partial production of documents, and provide a
new deposit request before resuming work. Factors to be considered when developing an
estimate of costs associated with a response to a public records request are as follows:
• Costs of duplication. When a request does not require extensive use of information
technology resources or extensive clerical or supervisory assistance, the estimate shall
be calculated by Fla. Stat. § 119.07 (4): up to 15 cents may be charged per one-sided
copy of not more than 14 by 8 '/� inches; no more than an additional five cents for
each two-sided copy. For all other copies, the actual cost of duplication may be
charged as calculated in Attachment C.
• Delivery of records. Costs of mailing or shipping may be added if the requestor asks
for material to be delivered instead of the requestor picking up the material in person.
• Electronic records. When records can be sent electronically, the Town will make an
effort to do so in the interest of efficiency and to minimize costs. In these cases, the
Town will charge only for extensive time, if applicable. If the records must be placed
on an electronic storage device or because the requestor does not want them sent by
email, the cost of the storage device will be charged in addition to any other charges.
• Special Service Charges. When a request does require extensive use of information
technology resources or extensive clerical or supervisory assistance by personnel, the
estimate shall be the sum of the actual cost of duplication and a special service charge
in the amount of the labor cost of the personnel providing the service. The estimate
shall include a breakdown of the estimated cost, which shall include the hourly
employee rate and estimated time that will be required, and/or the number of
responsive documents identified that will fulfill the request. The wage expense
portion of the public records special service charges shall be calculated by including
the hourly value of benefits in addition to the hourly base rate of pay. A requestor
shall not be charged for the first 15 minutes to fulfill a request; the special service
charge shall be calculated after the first 15 minutes. However, when multiple requests
are received from the same person within 24 hours, expenses for responding to those
requests may be aggregated.
VII
f. Asserting confidentiality or exemptions
For some public records requests, the Public Records Coordinator may identify potentially
exempt documents and may consult with the Town Attorney as necessary to determine whether
these document(s) are exempt. Every time a document has been identified as exempt or
confidential, the Public Records Coordinator must communicate any exemptions to the
requestor, redact and produce a portion of the document if necessary, and cite the specific section
of the Florida Statutes that covers the exempt information.
The Town's preferred method of redacting records is through the Town's electronic records
management software, however, the Town may also black out the exempt information on a copy
of the original, photocopy the marked copy, and provide the final copy to the requestor. The
marked copy may be immediately destroyed. Other methods are acceptable and may be used as
long as the confidential or exempt information is not released to the requestor.
g. Requests for documents that do not exist.
The Public Records Law does not require the Town to generate or create new records not already
in the Town's custody in response to a public records request. When a request is made, all
documents in the Town's possession at that time that may be responsive must be produced. If
other documents that are responsive to the request are created subsequently to the request being
received, they are not included in any response. If no responsive documents exist, the Town
should notify the requester.
h. Closing public records requests.
When a public records request has been fulfilled, the Public Records Coordinator shall notify the
requestor. When the Town responds to a public records request with a request for clarification, or
a request for a deposit, and the requester fails to respond within 30 days, the request may be
administratively closed.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(2) CHAIN OF COMMAND
1. Town Manager
The Town Manger is the senior level officer responsible for delegating responsibility for
responding to all public records requests and naming those employees who will serve in the
position of Public Records Coordinator. The Town Manager shall be responsible for monitoring
the timely performance of responses to public records requests and reporting compliance with
the public records laws to the Town Commission.
2. Public Records Coordinator
The Town Clerk, or other town employee designated by the Town Manager, shall serve as the
Public Records Coordinator who shall be responsible for monitoring all incoming public records
requests and adhering to the policies and procedures of how to respond to these requests as
outlined in (1) POLICIES AND PROCEDURES within this document.
The Public Records Coordinator is responsible for keeping a log of public records requests, for
implementing the monitoring system outlined in (4) MONITORING OF INCOMING REQUESTS, and
for reporting regularly (depending on the volume of incoming public records requests) to the
Town Manager on compliance and any issues with production. Issues should be resolved within
a reasonable time after the meeting with the Town Manager.
The Public Records Coordinator has access to the Govemment-in-the-Sunshine manual, training,
and other resources to assist him or her in the timely production of public records, including the
Florida Division of Library & Information Services, and the Florida Attorney General's Offices.
If Public Records Coordinator is unsure how to proceed after conferring with the resources listed
above, and has communicated this to Town Manager, Town Manager can authorize the Public
Records Coordinator to contact Town Attorney to provide guidance on how best to comply with
the law.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(3) STAFF EDUCATION AND TRAINING
Town Employees who handle public records requests should attend at least one training session
relating to Florida's public records laws and compliance per year. If the employee is a new hire
and has not handled public records requests before within the State of Florida, the employee
must attend a training as soon as is reasonable after his or her hire date.
Training events can be in-person seminars, pending approval of travel and conference expenses;
on-site training on the Town's records management software; or any of the various webinars
offered by the State of Florida, the Florida Institute of Government, and other Florida -specific
public records trainings.
Other public records trainings may be authorized or required by the Town Manager.
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TowN OF GULF STREAM
PALm BEACH COUNTY, FLORIDA
(4) MONITORING OF INCOMING REQUESTS
The Public Records Coordinator is responsible for logging all incoming requests through the date
of production and close out. An Excel spreadsheet or other similar program, such as the Town's
electronic records management software, should be used to track the following:
I . Date Received (the date the Public Records Request was received)
2. Received by (the Town employee who received the record
3. Requestor (name, email address, or identifier of the entity or person making a request)
4. Respond to (the preferred method of response, i.e. an email or mailing address.)
5. Public Records Requested (including two columns of information)
a. the name of the request (e.g. the subject line of the email, for tracking purposes)
b. the actual language used by requestor to identify documents
6. Date of acknowledgment letter (date the acknowledgement letter was sent by the Town)
7. Date of Estimate (date the estimate letter was sent out by the Town, if applicable)
8. Date of Production (date fully or partially responsive documents were sent by the Town)
9. Notes/follow up (additional information, e.g. email attachments; no such record, etc.)
The Town Clerk, Town Manager, and Public Records Coordinator shall meet periodically, at the
Town Manager's discretion, to review the status of matters on the public records spreadsheet.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(5) REPORTING COMPLIANCE
TO THE TOWN COMMISSION
To demonstrate the Town's commitment to compliance with the public records law, the subject
should be periodically discussed with the Town's elected Commissioners and other leaders. For
example, the Town Commissioners should be informed of the Town's ability to respond to
public records requests so they can make decisions about staff training and additional policies
and procedures that may be needed to further the Town's goal of providing access to public
records. This discussion may take place annually, or more frequently at the discretion of the
Town Manager, depending on the amount of activity to report. In general, the Town Manager
should ensure that the Town Commission is informed of the following:
1. Any significant changes to Florida's public records laws.
2. Current procedures used by Town staff to fulfill all incoming requests (which generally
should align with (1) POLICIES AND PROCEDURES, above)
Public records training activity that has been undertaken, or that will be undertaken, by
Town staff.
4. The overall status of the Town's efforts to comply with the public records laws,
including a summary of information from the public records tracking spreadsheet.
5. A discussion of any measures efforts taken to discipline or otherwise respond to non-
compliance with the public records laws, if it occurs.
6. A discussion of time and costs associated with the public records process, including the
effects of the public records process upon Town Staff, the Town Attorney, contractors or
commissioners.
Other items as the Town Manager deems appropriate, or as requested by the Town
Commissioners or Town Attorney.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(6) ENFORCEMENT OF POLICIES
The Town of Gulf Stream is committed to compliance with the public records laws of Florida.
The Town Attorney should inform the Town Commission if a lawsuit is filed against the Town.
The Town Manager should inform the Town Commission if a significant violation of the Town's
policies or procedures, as set forth in this document, should occur.
At all times, the Town Commission, Town Manager, and Town Attorney are encouraged to
proactively discuss how to implement appropriate measures to improve and enforce compliance
with the public records laws.
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
(7) ANNUAL REVIEW
At the end of each fiscal year, the Town Attorney and the Town Manager shall review this
document, along with other staff or supporting personnel as appropriate. Thereafter, this
document should be promply modified to reflect changes in the Public Records Law and to
further the goals of the Town of Gulf Stream in providing the public with access to public
records.
Town Manager has discretion to make and to immediately implement any minor revisions to this
document or to the appendices, or to make any other revisions required by law. Major changes to
this document should be approved by the Town Commission.
(Cl
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
ATTACHMENT A: SAMPLE
ACKNOWLEDGMENT LETTER
Delivered via e-mail
[insert date]
[insert name of requestor] [insert preferred method of communication, e.g. email address or
phone number]
Re: PUBLIC RECORDS REQUEST — [insert name or description of request]
[copy of the request as stated by the requestor]
Dear [insert name of requestor],
The Town of Gulf Stream has received your public records request dated [insert date]. If your
request was received in writing, then the first page of that request is attached to this cover letter.
If your request was verbal, then the description of your public records request is set forth in the
space below. Our staff will review your request within the next three business days, and we will
promptly send you the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
15
Wa/
�h
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
ATTACHMENT B: SAMPLE REQUEST FOR
CLARIFICATION LETTER
Delivered via e-mail
[insert date]
[insert name of requestor] [insert preferred method of communication, e.g. email address or
phone number]
Re: PUBLIC RECORDS REQUEST — [insert name or description of request]
Dear [insert name of requestor],
The Town of Gulf Stream has received your public records request dated [insert date], which was
acknowledged on [insert date] and is reproduced on the following pages.
This letter requests clarification of [state what portion of the request or language of the request is
unclear] of your request before determining whether to provide you with an estimate for the
extensive use of information technology resources or extensive clerical or supervisory assistance
as described in Fla. Stat. § 119.07(4)(d). This request for clarification is done as a courtesy to
you to ensure the Town is able to accurately and promptly provide you with either an estimate, if
necessary, or production of the public records you seek.
Please clarify the above request as indicated and the Town of Gulf Stream will proceed with
fulfilling your request, or providing you an estimate of the cost of production based on your
clarification. [If needed, include the following: "If the Town does not receive clarification from
you within 30 days, it will consider this matter closed."]
Sincerely,
Town Clerk
Custodian of the Records
[C
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
ATTACHMENT C: ACTUAL COST OF
DUPLICATION
Fla. Stat. § 119.07(4)(a)3 —Actual Cost of Duplication (updated November 2013)
Based on the following information, the Town of Gulf Stream's actual cost of duplication per
Fla. Stat. § 119.07 (4)(a)3 is as follows:
8 %z x 11
$0.08 per sheet
8 %z x 14
$0.09 per sheet
11x17
$0.11 per sheet
These figures are based on the paper cost; monthly copier fee for rental, maintenance, and ink
divided by the average number of pages printed per month during FY 2013; and the fixed meter
charge.
PPa er Cost: The cost of the different sizes of paper is responsible for the difference in
actual cost of duplication stated above. Based on the supplemental figures detailed on the
following page, the Town of Gulf Stream's actual cost for paper is as follows:
8 '/z x 11
$0.01 per sheet
81/2x 14
$0.02 per sheet
11x17
$0.04 per sheet
Monthly Copier Fee for Rental. Maintenance. and Ink: The Town's cost to rent the copier
is $501.42 per month. This figure includes all ink, service, and maintenance. The monthly
average number of pages printed by the Town during FY 2013 is 8088. Based on these figures, it
costs the Town $0.06 per copy for use of the printer, all ink, service, and maintenance. (See
supplemental figures, below, for a breakdown of these figures).
Fixed Meter Charge: In addition to the monthly fee discussed above is the per -copy fixed
meter charge. This charge is $0.01 for black & white copies (rounded from $0.0099), and $0.07
per copy for color copies. B&W $0.01 (rounded from $0.0690)
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Supplemental figures— Fla. Stat. 6 119.07 (4)(03 —Actual Cost of Duplication
Paper Cost
8.5 x I 1 = $0.01
$6.89 for 750 pages = $0.01 (rounded from $0.0092)
8.5x14=$0.02
$11.49 for 500 pages = $0.02 (rounded from $0.0229)
11x17 = $0.04
$22.49 for 500 pages = $0.04 (rounded from $0.0449)
Monthly Copier Fee for Rental. Maintenance. and Ink
Number of copies made during FY 2013
Month b&w Color Total
1.
5740, 1002
6742
2.
5233, 1004
6237
3.
4155,1161
5316
4.
6884,699
7583
5.
7971, 1881
9852
6.
6952, 1291
8243
7. 10246, 1139 11385
a. 2446, 427
8. 6497, 1534 8031
9. 5252,1901 7153
(start 2012, FY 2013)
10. 6656, 1289 7945
11. 7846, 2067 9913
12. 4496,1289 5785
2873 (second half of invoice)
97,058 total copies made for FY 2013
Divided by 12 months = 8088, the average number of copies per month
Monthly Copier Fee for Rental, Maintenance, and Ink: $501.42
Average pages per month divided by monthly copier charge = $0.06 (rounded from $0.0619)
In