Loading...
Agenda 11/13/2012 Item #10F11/13/2012 Item 10.F. EXECUTIVE SUMMARY Discussion of Policies and Procedures governing the processing of public records requests and request for inspection of personnel records. OBJECTIVE: To review and affirm the existing policies and procedures governing the processing of public records requests and requests for inspection of personnel records. CONSIDERATIONS: Recent actions taken to address requests for inspection of personnel records and related public records for Board Office employees have raised concerns about the process used to obtain, review and produce the requested documents. GROWTH MANAGEMENT: NONE LEGAL CONSIDERATIONS: NONE RECOMMENDATION: To review and affirm that existing policies and procedures be followed in the management of request for inspection and production of public records and personnel records. PREPARED BY: Fred W. Coyle, Chairman District 4 Commissioner AGENDA DATE: November 13, 2012 Packet Page -330- 11/13/2012 Item 10.F. COLLIER COUNTY Board of County Commissioners Item Number: 10.F. Item Summary: Discussion of Policies and Procedures governing the processing of public records requests and request for inspection of personnel records. (Commissioner Coyle) Meeting Date: 11/13/2012 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 11/6/2012 12:13:37 PM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo 11/6/2012 12:13:39 PM Approved By Name: KlatzkowJeff Title: County Attorney Date: 11/6/2012 2:18:42 PM Name: OchsLeo Title: County Manager Date: 11 /6/2012 4:32:46 PM Packet Page -331- 11/13/2012 Item 10.F. CMA # 5313 PUBLIC RECORDS REQUEST MANAGEMENT PROCEDURE § 5313 -1. Purpose. § 5313 -2. Concept. § 5313 -3. Responsibility. § 5313 -4. Definitions. § 5313 -5. Procedure for handling requests. § 5313 -6. Currency. § 5313 -7. Reference. [Effective Date: October 1, 2003 (Revised: January 1, 2005, effective December 1, 2005; Revised: September 1, 2006, effective November 1, 2006; Revised: December 1, 2006, effective March 1, 2007)] § 5313 -1. Purpose. The purpose of this document is to provide direction for processing official public records requests. § 5313 -2. Concept. Collier County is legally obligated and committed to responding to citizens who request public records. It is important that staff comply appropriately and completely with all such - requests. § 5313 -3. Responsibility. All substantial public records requests must be logged in with the Communication and Customer Relations Department, except for requests for employee personnel files, which are handled by the human Resources Department. Upon completing a substantial public records request, provide the following information to the Communication and Customer Relations Department: A. Requestor's name (if provided). B. Request. C. Date received/date completed. D. Action taken. § 53134. Definitions. As used in this CMA, the following terms shall have the meanings indicated: PUBLIC RECORDS — All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical 5313:1 09-15-2007 Packet Page -332- 11/13/2012 Item 10.F. OFFICE OF COUNTY MANAGER ADMINISTRATIVE § 5313 -4 PROCEDURE § 5313 -7 form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by the County, which are used to perpetuate, communicate or formalize knowledge. Note that this definition of public records is very broad and includes such items as handwritten notes taken by staff or materials received from members of the public, provided the notes or materials are made or received in connection with official business and intended to perpetuate, communicate or formalize knowledge. MINIMAL REQUESTS — Minimal verbal requests involve small volumes of routine documents accessible enough to be produced at the time of the request, or shortly thereafter if made by telephone, e-mail or mail. A minimal request is also one that can be answered in less than one hour. SUBSTANTIAL REQUESTS — Requests which are complex and may include requests for multiple documents, e- mails, correspondence, maps or other hard copies. Usually these requests take considerable staff time to complete. § 5313 -5. Procedure for handling requests. A. Public records requests are processed according to the Collier County Records Management Manual. A copy can be obtained by contacting the Records Manager at 530 -6832. B. Requests for employee personnel files shall be processed by the Human Resources Department. Human Resources shall notify employees that such requests have been filled unless an exception is justified C. Requests for employee a -mails and other work-related documents shall be processed by the Communication and Customer Relations Department. This includes e- mails provided that resulted from key word searches (e.g., all a -mails containing "Vanderbilt Beach Road Extension "). Communication and Customer Relations shalt notify employees that such requests have been filled unless an exception is justified The County is not obligated to provide "personal" a -mails to fulfill a public records request. § 5313 -6. Currency. The Records Manager is responsible for maintaining the currency of this Instruction. § 5313 -7. Reference. Legal Authority: Article 1, Section 24, of the Florida Constitution; Chapter 119, Florida Statutes; Collier County Resolution No. 98498. 5313:2 09-15-2007 Packet Page -333- 11/13/2012 Item 10.F. CMA # 5315 INSPECTION OF PERSONNEL RECORDS [Effective Date: March 17,1999 (Revised: October 1, 2001; Revised: October 1, 2003; Revised May 1, 2009)] § 5315 -L Purpose. The purpose of this Instruction is to provide for the implementation of an Inspection of Personnel Records procedure authorized by the County Manager. § 5315 -2. Concept. Records Requests for files of Employees A. Requests for personal inspection of a County personnel file, job application or other related documents for current or former employees must be made to the Human Resources Department. B. It is reasonable for Human Resources staff to inform the requestor that the file(s) requested must be reviewed for exemptions prior to release. The time to comply will depend on the workload of the employee(s) assigned to complete the request, and the review should be completed as soon as practicable. C. Human Resources staff will take appropriate steps to redact information exempted from disclosure under Chapter 119, Fla. Stat. prior to the records being released for review. D. After complying with the request for personal inspection of a County personnel file by anyone other than management, Human Resources staff shall notify employees that such requests have been filled unless an exception is justified. E. The Human Resources Director, or designee, will require that all examinations will be made in the Human Resources Department under the supervision of the Human Resources Director or designee in order to protect the records. Inspections will be handled in such a manner to meet the needs of the individual(s) making the request and the Human Resources Department. F. The Human Resources Director, or designee, shall furnish a copy or copies of any nonexempt item(s) requested from the records. Fees for copies will be in accordance with those authorized in Chapter 119, Fla. Stat. The Human Resources Department will, to the extent reasonably possible, notify current employees that their personnel file has been viewed, following compliance with the request. G. A service charge for labor costs may also be assessed in accordance with Collier County Resolution 07 -327. H. An employee may inspect his/her individual personnel file at any time during Human Resources Department operating hours and may request a copy of any item(s) contained in his/her file. Employees may be charged any applicable fee(s). Page I of 2 Packet Page -334- 11/13/2012 Item 101. CMA # 5315 In addition to the personnel file located in the Human Resources Department, a County department may also maintain an employee personnel file. This file may also contain disciplinary documentation involving verbal counselings and/or warnings, written counselings and/or warnings and other personnel information. This file is subject to the same provisions for inspection and photocopying as the Human Resources Department personnel file. In the event that a request is made for personnel records, the Human Resources Director, or his/her designee, will contact the department where the employee works to secure the file for review. § 5315 -3. Currency. The Human Resources Department is responsible for maintaining the currency of this Instruction. § 5315 -C Reference. It is the practice of the County that personnel records of Collier County employees shall be open to inspection, pursuant to the requirements set forth in Florida Statutes. Inspection of personnel records shall be subject to the following. A. Collier County Personnel Ordinance, Ordinance No. 2001 -50: Inspection of Personnel Records: It is the policy of the County that personnel records of Collier County employees shall be open to inspections, pursuant to the requirements set forth in Florida Statutes, Page 2 of 2 Packet Page -335- 11/13/2012 Item 10.F. RESOLUTION NO.2007 -327 Resolution Superseding Resolution No. 98-498 Establishing a Uniform Policy Imposing Fees for the Inspection, Examination and Duplication of Public Records Pursuant to Section 119.07, Florida Statutes. WHEREAS, Section 11 9.07(l), Florida Statutes, authorizes the custodian of public records to charge a fee for copying public records provided upon request; and WHEREAS, Section 119.07(1)(b), Florida Statutes, allows for the imposition of a special service charge for public records requests which require extensive use of clerical or supervisory labor; and WHEREAS, the Board of County Commissioners has determined that a policy should be created establishing the allowable copying fees and defining what is extensive use of clerical or supervisory labor; and WHEREAS, the Board of County Commissioners has determined that such a policy is necessary in order to create uniformity in application of those fees and to guide staff in determining when imposition of such fees is acceptable and appropriate (legally sufficient); and WHEREAS, the Board of County Commissioners has found that it is within the publics' best interest for the County to impose such a fee in order to cover the actual cost of duplication and to cover the actual cost of extensive clerical or supervisory time required to respond to public records requests. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Staff shall charge the following fees for duplication of public records: A. 15 cents per one -sided copy which is 14 inches by 8 '/z inches or less; B. An additional 5 cents for each two -sided duplicated copy; C. $1.00 per copy for a certified copy of a public record; D. The actual cost of duplication for all other copies. "Actual cost of duplication" is defined in §119.07(1), Florida Statutes, as, 'the cost of material and supplies used to duplicate the record," but it does not include the labor cost and overhead cost associated with such duplication. Staff may, however, charge for the reasonable labor and overhead costs associated with copying county maps or aerial photographs. Packet Page -336- 11/13/2012 Item 10.F. 2. If the nature or volume of public records requested to be inspected, examined, or copied is such as to require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel of the County office, department or agency involved, or both, the office, department or agency shall charge, in addition to the actual cost of duplication, a special service charge, which shall be reasonable and shall be based on the cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is actually incurred by the agency or attributable to the agency for the clerical and supervisory assistance required, or both. "Information technology resources" shall have the same meaning as in Section 282.303(13), Florida Statutes. "Extensive use" shall be defined as requiring more than an hour of clerical or supervisory time to locate, review for confidential information, copy and refile the requested material. Time incurred shall be based upon the nature or volume of the request and not solely by the location of the requested documents. 3. This Resolution applies to all offices, agencies and departments authorized and organized as Collier County government of the Board of Collier County Commissioners. 4. Public Records requests made by other governmental units (i.e., municipalities, Collier County School Board, fire departments and constitutional officers) within Collier County funded solely by ad valorem tax dollars will be exempt from payment of charges defined in this Resolution provided that they agree, in writing, to not charge the Board of County Commissioners and Divisions / Departments working for the Board of County Commissioners for public records requests made to them, their agencies and departments. 5. The following public records requests shall not be subject to the charges and costs implemented by this Resolution. They are standard operations of conducting business: A. All advisory Board members' requests for records and documents relating to a future committee agenda shall be made to the County Manager who will assign the appropriate staff to perform the requested task. Packet Page -337- 7 adoption. 11/13/2012 Item 10.F. The requirement to make requests through the County Manager does not apply to the Collier County Planning Commission. Members of that commission may make requests to the Community Development and Environmental Services Division staff for records and documents. B. All requests made by individual members of the Board of County Commissioners for records and documents relating to the performance of their official duties shall be made through the County Manager who will assign the appropriate staff to perform the requested task. C. Requests for records and documents between all county offices under the ultimate authority of the Board of County Commissioners. It is expected that all such county offices will work together and share records and documents and there will be no charge to the requesting office. This Resolution supersedes Resolution No. 98 -498. This Resolution shall be effective and implemented as of the date of This Resolution adopted this � day of o 2007, after motion, second and majority vote in favor of adoption. DWGNT,E - 8'RgCK, CLERK �0%46.64ffaL 91'- 1.154 11 Mali S tnnatuc Applf6ici s�oTorm and legal suffici�y: David C. Weig County Attorney 04- COA- 01051/711 BOARD OF COUNTY COMMISSIONERS COLLIER C O IDA By: JAMES COLETTA, CHAIRMAN Packet Page -338- 11/13/2012 Item 10.F. BrockMary.io From: OchsLeo Sent: Tuesday, November 06, 2012 12A2 PM To: BartlettKristi Cc: BrockMaryJo Subject: RE: BCC Agenda 11.13.12 Will do From: BartlettKristi Sent: Tuesday, November 06, 2012 12:01 PM To: OchsLeo Subject: BCC Agenda 11.13.12 Importance: High Leo, At the request of Commissioner Coyle, please add the attached to the agenda for November 13, 2012 BCC meeting. Thank you. 9Cristi J Bartlett Executive .Aide to Commissioner Fred Coyle, Chairman District 4 239.252.8097 Ur:de 'lnnd,+ t aw E-mail address 5 a: , OW" .4", reco,,t , t youdo not want your e snit address released in resn. se to n pti0k, records reques: do rot send 1(+vr ,n :. n at ' to ,his entity losteiar t.nntarr',his ofh:,e by telephone or in writing Packet Page -339-