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HomeMy WebLinkAbout08.e EDB Public Record Policies EXECUTIVE SUMMARY AGENDA ITEM: Request for approval of a Public Records Management Policy and a Public Records Request Policy Date: August 5, 2025 BACKGROUND: Section 257.36(5)(b), Florida Statutes, requires CCUA to establish and maintain an active and continuing program for the economical and efficient management of records. Florida Public Records Law, as codified in Chapter 119, Florida Statutes, provides a clear mandate for public agencies to manage public records in a professional manner. The attached policies will standardize CCUA procedures, help ensure compliance with public record laws, foster professional public records management,and formalize the establishment and maintenance of a CCUA Public Records Program. BUDGET: There is no financial impact. RECOMMENDATION: Staff respectfully requests the Board of Supervisors' approval of the attached policies. ATTACHMENTS: 1. Public Records Management Policy 2. Public Records Request Policy //SJ(Author) //JW,KR(Review) //KR(Final) �fl '�4YAUTo*`� POLICY & PROCEDURES Public Records Management Policy Effective Date: August 5, 2025 PURPOSE The Clay County Utility Authority "CCUA" shall maintain an active and continuing Records Management Program for the economical and efficient management of records in accordance with Article I, Section 24, Constitution of the State of Florida; Section 257.36(5), Florida Statute; Chapter 119, Florida Statutes; Rule 1B-24, Florida Administrative Code; and Rule 1B-26, Florida Administrative Code. CCUA shall maintain policies and procedures to ensure compliance with applicable state and federal statutes, rules, and regulations as they relate to the management of Public Records, an active program for storage and disposition of records, and achievement of Records Management Program goals. POLICY Public Records shall mean all documents,papers,letters,maps,books,tapes,photographs, films, sound recordings or other material, regardless of physical form or characteristics or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by CCUA. Format, media type, or duplication does not affect the public record status of information created or received by CCUA. Definitions Terms used in this policy shall have the following meanings: Administrator Records: Public Agency/Official consists of office files documenting the substantive actions of elected or appointed officials and constitute the official record of CCUA's performance of its functions and formulation of policy and program initiative. The Executive Director, or their stated designee, is the only position in CCUA that falls within this definition, unless other positions are designated in writing by the Records Management Liaison Officer. Copy of Record, or Record (Master) Copy means public records specifically designated by CCUA as the official, retention copy. Electronic Messages written communication created or received via text messaging,instant messaging, multimedia messaging (such as MMS), and chat messaging. Inactive Records means records with remaining retention, yet virtually no administrative value to require regular access. Record Series means a group of related documents arranged under a single filing arrangement or kept together as a unit because they relate to the same subject, form, or activity. Records Management Liaison Officer(RMLO) is an individual within a government agency who serves as the primary point of contact between that agency and the Florida Division of Library and Information Services' records management program. An RMLO shall be designated in writing to the Florida Department of State pursuant to s. 257.36,Florida Statute. Records Retention Schedule means retention requirements established for public records indicating the minimum time such records must be kept. Page 1 of 4 Public Records Management Policy - Policy & Procedures Transitory Messages consists of those records created primarily for the communication of information as opposed to communications designed for the perpetuation of knowledge. This data does not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. Transitory refers to short-term value based upon the content and purpose of the message. The informal tone of transitory messages might be compared to the communication that might take place during a telephone conversation or a conversation in an office hallway. Records Management Program CCUA shall maintain a Records Management Program to ensure compliance with public record laws. All decision-making affecting the management of any public record, either directly or indirectly, shall consider the Records Management Program standards and goals: Access • Internal — management access to both active and inactive records in an accurate and timely fashion to facilitate government processes. • External — management access to both active and inactive records in an accurate and timely fashion to facilitate public records request. Retention • Retention of records in accordance with all local, state, and federal requirements. Disposition • Timely destruction of records at the end of their retention period. • Disposition documentation pursuant to state requirements. Preservation • Protection of all records from physical calamity and decay. • Provision for disaster recovery, vital records protection. • Conversion of long-term retention records to an appropriate preservation format and location. • Storage of all records under secure conditions, preventing unauthorized access by both employees and third parties. Record Storage • All records shall be kept for a retention period stipulated in Rule 1B-24,Florida Administrative Code, and disposed of as soon as practical thereafter. • Paper records with a permanent retention requirement or more than 10 years remaining shall be considered for scanning. The decision to scan or to retain paper records shall be made by the Chief Human Resources Officer or Chief Engineer based on the availability of funds and considering the cost of storing versus the cost of scanning. • CCUA's RMLO shall ensure appropriate conditions are maintained where long-term paper records are stored and shall request funds when improvements to storage environment are warranted. • The Information Technology (IT) department shall ensure all systems on which digital records are kept meet the technical requirements of Rule 1B-26, Florida Administrative Code, and are protected from cyberthreats, loss due to natural disaster, or loss due to crime or fire. • The RMLO and the IT Department shall implement any technical changes necessary to comply with Florida Records Law and CCUA policy. • CCUA's Risk & Safety Manager shall notify each department head when records in their department must be retained due to e-discovery or active litigation. • The RMLO may promulgate standards and procedures as he deems necessary to ensure compliance with Florida's record laws and such standards and procedures shall have the authority of CCUA policy. Page 2 of 4 Public Records Management Policy - Policy & Procedures Electronic Messaging CCUA shall manage electronic messages as public records in accordance with Florida's Public Records law as codified in Chapter 119, Florida Statute and according to CCUA's Records Management Program goals. • Electronic messages will be accessible for copying and/or inspection within a reasonable time, under reasonable conditions. • CCUA employees will endeavor to limit their use of electronic messages to communications defined as transitory messages. • Any messaging of substance which does not constitute transitory messaging as defined will be relocated to an appropriate location for continued management. • Electronic messages will be captured and archived by CCUA and retained according to the applicable Florida Department of State records retention schedule, Record Series item for Transitory Messages. • CCUA employees will refrain from conducting electronic communications on devices not subject to the capturing and archiving procedure. • Deletion of electronic messages will be conducted in compliance with applicable state disposal requirements and CCUA policy&procedure. Email Archiving Emails made or received pursuant to law or ordinance or in connection with the transaction of official business by CCUA employees are Public Records and will be managed accordingly. • All Email records will be archived upon creation and/or receipt. • Archived emails will be retained as the Copy of Record. • CCUA will apply retention to agency email archiving application to ensure systematic disposition pursuant to law. o "Administrator Records: Public Agency/Official"emails will be archived for ten years. o Other emails will be archived for six years. o Emails located in individual outlook accounts will be maintained for three years as reference duplicates. • Emails related to imminent or pending litigation or criminal prosecution shall be captured using the archiving application's legal hold system. • The email archiving system is not intended to be a records repository for information determined to have a permanent or long-term retention. • CCUA staff will relocate any emails with long-term or permanent value to appropriately designated locations (e.g.,network drives). • All public business conducted via email shall, to the fullest extent possible, be done within the agency's email system. This includes members of elected or appointed governing bodies. • Any email conducted by users outside of the agency email system should be forwarded to agency email accounts. RESPONSIBILITIES Risk& Safety Manager CCUA's Risk& Safety manager shall be assigned as RMLO and shall: • Administer CCUA's Records Management Program to ensure the economic and efficient management of agency records. • Develop and circulate rules and regulations as may be necessary and proper to implement and maintain the Records Management Program. • Create procedures for the regular and systematic storage and disposition of records and information pursuant to Rule 1B-24, F.A.C. • Coordinate regular training of staff to ensure understanding of the agency Records Management Program. Page 3 of 4 Public Records Management Policy - Policy & Procedures Department Heads Shall ensure their department's personnel comply with CCUA public record policies,rules and procedures, public record laws, and filing standards, and shall ensure their departments actively participate in annual and other disposition efforts promulgated by the RMLO. Record Coordinators Shall coordinate department level Public Records activities including public records requests, storage and disposition of records, and leading the annual records disposition for their department. Employees, Appointed Officials, and Applicable Private Contractors • Shall manage public records pursuant to the Records Management Program and all applicable state and federal law. • Any public records, including electronic messages and emails, in the custody of appointed board members must be delivered to the custody of CCUA at the expiration of his or her term of office pursuant to Section 119.021, F.S. • Any public records in the custody of private contractors when considered a public agency by Chapter 119, Florida Statute, must be delivered to the custody of CCUA upon completion of contract/agreement pursuant to Section 119.0701, F.S. CHANGE LOG Date of Change Description of Change Page 4 of 4 owl POLICY & PROCEDURES Public Records Request Policy Effective Date: August 5, 2025 PURPOSE The purpose of this Public Records Request Policy is to ensure Clay County Utility Authority's (CCUA's) compliance with Florida's Public Records Law (Chapter 119, Florida Statutes), regarding the public's right to access records maintained by public entities. This policy aims to promote transparency, accountability, and trust by providing clear guidance for the public and employees regarding requesting and accessing public records. CCUA is committed to facilitating timely and efficient responses to public records requests, while safeguarding sensitive and legally exempt information, in alignment with state laws and regulations. POLICY In accordance with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statute, it is the policy of the CCUA to permit Public Records to be inspected and/or copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the Custodian of the Public Record, or their designee. Definitions Terms used in this policy shall have the following meanings: Custodian: The CCUA employee charged with directing the CCUA Public Records Program. Exemption: A provision of general law which provides that a specified record, or portion thereof, is not subject to the access requirements of Chapter 119, F.S., or s. 24, Art. I of the State Constitution. Extensive: Refers to requests for Public Records that require sixty (60) minutes or more to process including the time it takes to locate; retrieve; review for exempt or confidential/exempt information; redact; copy and/or supervise the inspection of the requested records, and if the total estimated fee is $100 or more. Public Records: All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by CCUA. Format, media type, or duplication does not affect the public record status of information created or received by CCUA. Readily Available Documents: Those documents identified by the Custodian, in coordination with a CCUA department, as being regularly requested and routinely available for distribution to the public. Reasonable Time: A reasonable timeframe during normal working hours for processing a request. It is dependent upon the volume of records requested and will be determined by the Custodian or his/her designee. Public Record Requests • The Risk&Safety Manager,hereinafter referred to as Custodian for the purposes of this policy, shall serve as the Custodian of Public Records for CCUA. Pursuant to s. 119.07(1)(b), F.S. the Custodian may designate other officers or employees of CCUA to permit the inspection and copying of any public record. Page 1 of 4 Public Records Request Policy - Policy & Procedures • All public records requests shall be directed to the Custodian. When a public records request is received by someone other than the Custodian(CCUA employee, board member, etc.)notice of the request shall be promptly sent to the Custodian. • A public records request shall be accepted in writing, by electronic mail, by telephone, or in person. o A request to inspect or copy public records does not need to be made in writing except as required by law. o A person requesting to inspect or obtain copies of public records is not required to disclose his or her name, address, telephone number, or other identifying information except as may be required by law. o A person requesting to inspect or obtain copies of a public record is not required to provide a reason or justification for the request. o It is permissible to question a requestor about a public record request for clarification purposes and to assist in keeping the costs reasonable for the requestor. • Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the Custodian of the public record or a designee. o The right of access only applies to those records defined as Public Records pursuant to Chapter 119, Florida Statute. o The right of access only applies to the CCUA's existing documents. Florida's Public Records Law does not require the Custodian of the public record,or his or her designee, to create a record in response to a request. • Upon receipt of a public records request, the Custodian or their designee shall promptly acknowledge receipt of the request in writing as soon as reasonably practicable, but typically not more than 48 hours after the request, including available information on fees, extensive use, etc. • A log of all received record requests shall be maintained by the Custodian. This log shall include the date of request, the initials or name of the staff member who received the request, name of requestor (when available), description of records requested, date of completion, and initials or name of the staff member who completed the request if other than the Custodian. . • Effort shall be made to respond fully to all public records requests within a reasonable time. • Except for requests of records defined as readily available documents, the Custodian will coordinate the fulfillment and monitor timely processing of requests. o Requests for readily available documents may be processed by the Department having custody of requested documents. o Any subpoenas or discovery requests shall be forwarded to the Custodian who will coordinate the request and fulfillment with assigned CCUA legal counsel prior to fulfillment, as appropriate. • Information contained in public records that is exempt or confidential and exempt pursuant to state or federal law, will be redacted prior to release. o If CCUA contends that all or part of the requested record is exempt from inspection and/or copying, CCUA shall state the basis for the conclusion that the cited exemption applies to the requested records including the statutory citation. Page 2 of 4 Public Records Request Policy - Policy & Procedures o If requested, CCUA shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. • Public records shall be provided in the format in which the record is maintained. • Any public records in the custody of elected/appointed board members must be delivered to CCUA's Custodian at the expiration of his or her term of office pursuant to Section 119.021(4), F.S. Fees The Custodian or their designee shall furnish a copy or a certified copy of the requested record upon payment of authorized fees. • For duplicated copies of not more than 14 inches by 8.5 inches,upon payment of not more than 15 cents per one-sided copy. • For each two-sided duplicated copy of not more than 14 inches by 8.5 inches,upon payment of not more than 20 cents for each two-sided duplicated copy. • For a certified copy upon payment of not more than$1.00 per copy. • Electronic files sent to a requestor via e-mail shall be provided at no charge for electronic copies transmission costs. • All other copies (larger size paper, CD, DVD,USB, etc.)will be provided at the actual cost of the materials and service used to duplicate the record. CCUA will not accept CD, DVD, USB, etc. provided by the requestor. • U.S. postage or other shipping costs incurred in the delivery of records shall be included in the costs charged to the requestor. • Changes in fees that are made in the annual rate resolution shall be incorporated into this policy and implemented 90 days after approval of the rate resolution by the Board of Supervisors. Extensive Use When 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, or both, CCUA may charge, in addition to the cost of duplication, a special service charge, which shall be based on the actual cost incurred for such extensive use of information technology resources or the labor cost of the personnel providing the service that is incurred by CCUA. • Extensive use charges shall not be randomly or automatically applied. Rather, each public records request must be evaluated to determine if extensive use charges are warranted and complied in conformity to the guidelines in this policy. • Multiple requests by one individual may be considered as one request and extensive use charges may be applied after the first sixty(60)minutes of staff or resource time. • To comply with this provision and before processing the request, when actual costs and extensive use fees cannot be immediately determined due to the nature of the request, an estimated cost for producing the records shall be provided. • CCUA shall require an advance deposit of the full amount of the estimated service charge in addition to any fees for copies. Page 3 of 4 Public Records Request Policy - Policy & Procedures o The service charge shall be calculated using the employee's hourly wage, including a markup for payroll taxes and pension benefits. o Fulfilment of the requests will not proceed until agreement to and payment of a deposit by the requestor for the estimated fee. o If the estimated fee represents an overpayment upon completion of the effort,a refund shall be made to the requestor. o If the estimated fee represents an underpayment of the effort, the Custodian or his/her designee shall notify the requestor and collect the additional balance due prior to delivery of the requested public records. • Fees Anonymous Public Record Requests o An anonymous request will be processed as described above for other requests. An anonymous request will be assigned a unique number to facilitate processing.If the deposit exceeds the actual value, a refund will be made by check. The anonymous requestor must provide a payee name and address for the check. o Refund checks shall be processed within CCUA normal accounts payable processes for the next regularly scheduled Board of Supervisors meeting. • In the event a requestor fails to pay all fees associated with a previous public record request, the agency shall not produce any additional record requests or prepare records for inspection for that specific requestor until the entire balance due to CCUA is paid. PRODEDURES & RESPONSIBILITIES Records Management Liaison Officer(RMLO) • Shall calculate the estimated fee for extensive use requests. • Shall notify the requestor of fee requirements. Managers Upon request shall provide the RMLO with employee time and direct cost requirements,if any,required to fulfill a public records request. Chief Financial Officer Shall make provisions for and establish procedures for the collection, holding, and reimbursement of fees under this policy. CHANGE LOG Date of Change Description of Change Page 4 of 4