City Commission Policy 140 - Public Records
DEPARTMENT: Treasurer-Clerk
DATE ADOPTED: October 19, 1990
DATE OF LAST REVISION:
140.01 Authority: Florida Statutes, Chapter 119; City Commission.
140.02 Purpose: It is the sole purpose of this policy to ensure that requests for the review and/or copy of Public Records are accommodated in the most timely, efficient, and cost effective manner possible. It is not the intent of this policy to preclude employees of any department from providing routine assistance or dissemination of information to any person or persons.
140.03 Scope and Applicability: This policy shall not apply to the Tallahassee Police Department or the City Attorney's Office. Due to the nature of the activities conducted by those agencies, Public Records requests shall be made to and considered by the City Attorney or his designee. Upon approval of the City Attorney or his designee, it shall be the responsibility of those agencies to comply with the request. All requests for Public Records pertaining to arson investigations shall be referred to the Chief of the City Fire Department. All other Public Records requests shall be made in writing to the City Treasurer-Clerk.
Requests by a City employee, in the normal course of his duty as a City employee, shall not fall under the purview of this policy
140.04 Policy Statement: It is the policy of the City of Tallahassee to comply with all requests for Public Records by making such records available for inspection by any person at reasonable times and under reasonable circumstances, and to provide copies of such records as are requested, within time frames and at costs consistent with the provisions of Chapter 119, Florida Statutes.
140.05 Definitions:
Public Record: Shall be as defined by Section 119.011(1), Florida Statutes, as may be amended from time to time by the Florida Legislature, but currently shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency (of the City).
Exempt Public Record: Shall be those records specifically exempted by Section 119.07(3), Florida Statutes, as may be amended from time to time by the Florida Legislature (see Attachment A). In the event clarification as to the intent of Section 119.07(3) is needed, the interpretation of the City shall be requested, and such opinion shall be final.
Appointed City Official: Shall mean the City Manager, City Treasurer-Clerk, City Auditor, and City Attorney.
140.06 Exceptions: Those public records which are herein determined to be Exempt Public Records pursuant to the provisions of Section 119.07(3), Florida Statutes are specifically excluded from the requirements of this policy. Such Exempt Public Records are not to be made available for inspection by nor copied for any person or persons not employed by the City and needing copies of or access to such records for the purpose of performing in his capacity as a City employee, unless so required and directed by the Appointed City Official having custody of such records or by a court of competent jurisdiction
140.07 Request for Research: Requests for research of City records shall not be accommodated, unless so ordered by a court of competent jurisdiction. Should the Requesting Party desire research, he may do so himself by requesting to examine Public Records pursuant to the procedures implementing this policy. In such event, however, his request must contain the specificity necessary to indicate the appropriate source records. Generic requests for the Requesting Party to conduct research in City records will not be accommodated.
140.08 Request When Litigation is Pending: In the event the individual requesting to review and/or copy Public Records is involved in litigation with or an investigation of the City, or is representing a third party involved in litigation with or an investigation of the City, such request shall be referred to the City Attorney's Office. At the City Attorney's direction, the request may be accommodated through the procedures implementing this policy, or may be dealt with through the City Attorney's Office.
140.09 Administration: The Treasurer-Clerk's Office shall be responsible for the preparation of any forms and the institution of any procedures necessary for the implementation of this policy. It shall be his responsibility to administer this policy and to recommend any amendments as may, from time to time, be appropriate.
140.10 Sunset Review: It shall be the Treasurer-Clerk's responsibility to schedule this policy for sunset review by the City Commission at least once every five years, or pursuant to such other schedule as may subsequently be adopted by the City Commission for general sunset review of City policies.
140.10 Effective Date: This policy shall become effective upon adoption by the City Commission.