HomeMy WebLinkAbout15-111RESOLUTION NO. 15-111
A RESOLUTION ADOPTING POLICY ON PUBLIC RECORDS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the
following determinations:
1. By Resolution No. 06-191, adopted June 13, 2006, the Board of County Commissioners adopted
Section 4.00 Code of Workplace Conduct including Section 4.15 Inquiries About Former
Employees and Public Records.
2. By Resolution No. 13-179, effective October 1, 2013, the Board of County Commissioners
amended the Employee Handbook and reduced Section 4.15 to address only employee records.
3. It is necessary to adopt this Resolution in order to adopt a policy to address all public records
requests.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
The Board does hereby adopt the Public Records Policy, attached hereto and incorporated herein
as Exhibit "A".
After a motion and second the vote of this resolution was as follows:
Chair, Paula A. Lewis
AYE
Vice Chair, Kim Johnson
AYE
Commissioner Chris Dzadovsky
AYE
Commissioner Tod Mowery
AYE
Commissioner Frannie Hutchinson
AYE
ATTEST:
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY: n
CHAIR
APPROVE AS TO FORM
CORRECTN S
BY:
COUNTY ATTO EY
EXHIBIT "A"
PUBLIC RECORDS
St. Lucie County (the "County") shall comply with Chapter 119, Florida Statutes.
1. Purpose:
To comply with the public records law and establish consistent procedures for efficient
processing of public records.
II. Policy:
A. It is the policy of St. Lucie County that all county records, except those exempted by law,
shall be open for personal inspections, examination and/or copying.
B. "Public Records" means all documents, paper, 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,
C. The public records statute does not obligate the County to create a record or compile lists
of information from various existing records to accommodate a public records request.
III. Procedures:
A. Persons may request public records either orally or in writing.
B. Processing Public Records Requests.
1. Requests for Readily Available Documents: "Readily Available Documents" are those
that are easily retrievable, regularly disseminated to the public and do not require
additional review in order to determine whether they contain exempt information.
Any employee who receives a request for this type of information should comply by
providing review and/or a copy of the information as requested. When the
documents are readily available, there should not be any charge for the labor in
retrieving the requested documents, but any copies purchased by the requestor
should be charged as provided by Florida Statutes.
2. If a request for public records is not readily available, staff should forward the request
as follows:
a. Employee Records Requests:
The Human Resources Department shall respond to requests for employee
records.
b. Media Requests:
Requests from the media for public records shall be forwarded to the Public
Information Officer, (772) 462-1791.
c. Litigation -Related Requests:
The County Attorney's Office shall have the primary responsibility for responding
to public records requests involving lawsuits.
d. Requests for Other Documents:
All other requests shall be forwarded to the County Attorney's Office. Although
it cannot be required of the requestor, the requestor should be encouraged to
put his public records request in writing. The requestor cannot be required to
give his name, address, telephone number or asked why he wants a copy of the
public records.
C. Charges for Public Records.
1. General:
a. The fee for duplication of a one-sided letter size (8-1/2 x 11), legal (8-1/2 x 14) or
oversize (11 x 17) document, capable of being reproduced on existing county
equipment, shall be fifteen cents ($.15) per copy. Duplication of two-sided pages
shall be twenty cents ($.20) per copy.
b. The fee for a certified copy of a public record will be one and 0/100 ($1.00) dollar,
per copy.
c. For large, single documents not covered above (i.e., blueprints, maps, pats, etc.),
the fee shall be the actual cost to the County for reproduction.
2. Information Systems:
The fee for output to any other medium (i.e., diskette, compact disc, etc.) shall be the
cost to the County for such medium.
3. For any copies not listed above, the fee shall be limited to the actual cost of
duplication.
4. If the nature or volume of public records is such as to require extensive use of
information technology resources or extensive clerical or supervisory assistance, a
special service charge will be assessed which shall be reasonable and shall be based
on the cost incurred.
5. Fee Collection and Receipts:
a. Payment of costs associated with a public records request shall be made before
the copies are provided.
b. Payment may be requested prior to the extensive use of information technology
resources or extensive clerical or supervisory assistance.
c. A receipt for payment of costs associated with a public records request shall be
given to the requestor upon payment of the levied fee.
IV. Email, Texts, and Other Similar Communications:
Many emails, texts and other similar communications created or received in the transaction
of official County business are public records open to public inspection. The content is the
critical factor, rather than the medium. Depending on the content and topic of a particular
message and the County's approved retention schedule, the email, text and other similar
communications may or may not be exempt from public inspection under Florida's Public
Records Law. Each user is individually responsible for maintaining the public accessibility of
his/her own incoming and outgoing email, text and other similar communications as required
by the Public Records Law. Questions relating to whether or not the content of a particular
email, text or similar communications constitutes a public record or is covered by an
exemption should be directed to the County Attorney's Office.
V. Redaction of Exempt and Confidential Information:
A. County personnel responding to a public records request should follow these steps: a)
determine if the requested document is a public record; b) review the document to see if
any exemptions or confidentiality requirements apply under state or federal law; and c)
disclose the non-exempt/non-confidential material.
B. If a requested record or part of a record is confidential or exempt from inspection and
copying under state or federal law, the records custodian will redact the exempt or
confidential information and must state the basis and statutory citation for the
exemption.
C. Questions relating to whether or not the contents of a particular document constitutes a
public record or is covered by an exemption should be directed to the County Attorney's
Office.
VI. Summary of Common Exemptions and Confidentiality Requirements:
A brief summary of some common types of records that may be maintained by the County
and which are "exempt" or "confidential and exempt" from public disclosure includes, but is
not limited to:
a. Social security numbers
b. Home addresses, telephone numbers and photographs of current or former
human resource directors, assistant directors, managers or assistant managers
c. Home addresses, telephone numbers and photographs of current or former code
officers
d. Bank account numbers, debit, charge, and credit card numbers
e. Medical information
f. Security system plans — including all records, information, photographs,
schematic diagrams
g. Building plans, blueprints, schematic drawings and drawings, including draft,
preliminary, and final formats; attractions and recreation facilities; industrial
complexes; retail and service development; office development
h. Any information that would identify or help locate a child who participates in
government sponsored recreation programs or camps
i. Spouse and children or law enforcement personnel, certified firefighters and
County Judges
Questions relating to whether or not the content of a particular document constitutes a public
record or is covered by an exemption should be directed to the County Attorney's Office.
VII. This Policy shall be interpreted consistent with Florida and federal law.
VIII. Effective Date:
Adopted by the Board of County Commissioners and effective on 3u I � a I , acw5