HomeMy Public PortalAboutPublic Records Policy 11-2016TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
PUBLIC RECORDS
COMPLIANCE PROGRAM
Updated 11/2016
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 Acknowledgement 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 cant' 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.
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3. Purpose
The purpose of this document is to provide Town employees with the information and
procedures necessary to understand and carry 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. "GSI -SL" means the General Records Schedule GSI -SL for State and Local Government
Agencies which is available at h"://dlis.dos.state.fl.us/recordsmgmt/een records schedules cfin.
a
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 GovernmentAgencies 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
ht!R://dlis.dos.state.fl.us/bani/forms/disposidondoc.T)d 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 $1.00 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.
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.
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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, commissioners 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.
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:
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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 14x8 1/2
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.
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 Statates
that covers the exempt information.
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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 meeting with the Town Manager.
The Public Records Coordinator has access to the Government -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.
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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:
1. 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).
3. 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 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.
7. 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 promptly 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.
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ATTACHMENT A: SAMPLE
ACKNOWLEDGMENT LETTER
Delivered via a -mail
[insert date]
[insert name of requestoij [insert preferred method of conmumication, e.g. entail address or
phone numbeij
Re: GS [insert # on Public Request Number Log] -[insert name or description of
request]
[copy ofthe request as stated by the requestoij
Dear [insert name of requestor],
The Town of Gulf Stream has received your public records request dated [insert date received]
The original public records request can be found at the following link:
[insert link to Town of Gulf Stream Lasetfche Weblink]
Please be advised that the Town of Gulf Stream is currently working on a large number of incoming
public records requests. The Town will use its very best efforts to respond to you in a reasonable
amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk
Custodian of the Records
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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 j [insert preferred method of connnunication, e.g. email address or
phone number]
Re: GS [insert # on Public Request Nuurber Log] -[insert name or description of
request]
Dear [insert name ofrequestoj,
The Town of Gulf Stream received your public record request dated [insert date received]. Your
request can be found at the following link:
[insert link to Town of Gulf Stream Laserfiche Weblinkj
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 the Town does not receive clarification from you within 30 days, it will consider
this request closed.
Sincerely,
Town Clerk
Custodian of the Records
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ATTACHMENT C: ACTUAL COST OF
DUPLICATION
Fla. Stat. § 119.07(4)(a)3 —Actual Cost of Duplication (updated October 2016)
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 $0.10 per sheet
8 % x 14 $0.10 per sheet
11 x 17 $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 2015-16; and the fixed meter charge.
Paper 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
$0.01 per sheet
I 1 x 17
$0.02 per sheet
Monthly Copier Fee for Rental, Maintenance and Ink/Toner. The Town's cost to rent the copier is
$567.49 per month. This figure includes all ink/toner, service, and maintenance. The monthly average
number of pages printed by the Town during FY 2015-16 is 6,916. Based on these figures, it costs the
Town $0.08 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, and $0.10 per copy for color copies.
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Supplementalfigures— Fla. Stat. & 119.07 (4)(a)3 -Actual Cost of Duplication
Paper Cost
8.5 x I 1 = $0.01
$532.21 for 93 reams at 500 sheets = $0.01 (rounded from 0.0114)
8.5 x 14 = $0.01
$82.81 for 15 reams at 500 sheets = $0.01 (rounded from 0.0110)
11x17=$0.02
$22.98 for two reams at 500 sheets = $0.02 (rounded from 0.0229)
Monthly Copier Fee for Rental. Maintenance. and Ink
Number of copies made during FY 2015-16
Month
Black and White Copies
Color Copies
Total Copies
October 2015
6151
2339
8490
November 2015
5515
2946
8461
December 2015
3365
1800
5165
January 2016
3044
1385
4429
February 2016
4740
1543
6283
March 2016
4467
2874
7341
April 2016
5889
1185
7074
May 2016
4667
2164
6831
June 2016
7432
3237
10,669
July 2016
3173
1805
4978
August 2016
4198
2895
7093
September 2016
3924
2256
6180
TOTAL
56,565
26,429
82,994
82,994 total copies made for FY 2015-16
Divided by 12 months = 6,916 (the average number of copies per month)
Monthly Copier Fee for Rental, Maintenance and Ink/Toner: $567.49
Monthly copier charge divided by average copies per month = $0.08 (rounded from 0.0820)
to