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2002-R-25 '-" ..."" RESOLUTION NO. 2002-R-25 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, REPEALING RESOLUTIONS NUMBERED 80-R- 149, 84-R-40 AND 90-R-63 IN THEIR ENTIRETY AND ADOPTINGIENACTING ANEW PUBLIC RECORDS POLICY AND ESTABLISHING A SCHEDULE OF FEES; PROVIDING FOR SEVERABILITY; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: WHEREAS, a public records policy was enacted by adoption of Resolutions Numbered 80- R-149, 84-R-40 and 90-R-63; and WHEREAS, the City of Edgewater public records policy has not been modified since 1990 and upon review, it has been determined that said policy should be replaced and brought up-to-date; and WHEREAS, in order to update the policy, the City desires to enact a new public records policy and establish a schedule of fees. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section 1. Resolutions numbered 80-R-149, 84-R-40 and 90-R-63 are hereby repealed in their entirety. Section 2. The following public records policy and schedule of fees is hereby established: A. Any request for the inspection or reproduction of any public records of the City of Edgewater shall be made to the Office ofthe City Clerk or his/her designee during normal business 2002-R-25 1 .... ...." hours in a written form as prescribed by said office. B. That the City Clerk or his/her designee, upon receiving a proper request form, shall within a reasonable time, dependent upon the volume of records requested, provide copies of the requested records/documents. Any records/documents kept in off-site storage shall require an additional time frame for delivery of said records/documents. C. All records shall be under the possession and custody of the City Clerk or his/her designee while being inspected, reproduced or copied. D. The City Clerk shall not relinquish possession and/or control of any original public records of the City of Edgewater except when directed to do so by an order from a court of competent jurisdiction, or when directed to do so by at least a three fifth affirmative vote ofthe City Council. E. Additional policy requirements and the schedule of fees are contained and further described in Exhibit "A" which is attached hereto and incorporated herein. Section 3. Severability. Ifany section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity ofthe remaining portion hereto. Section 4. Effective Date. This Resolution shall become effective immediately upon adoption. 2002-R-25 2 C 0 Section 5. Adoption. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on this resolution was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Myron F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judith Lichter X PASSED AND DULY ADOPTED this 7th day of October , 2002. ATTEST: oomer For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2002-R-25 3 CITY COUNCIL OF THE CITY OF EDGEWATEERR, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council during the Council meeting held on the 7th day of October 2002 under Agenda Item 6A ...... ~ EXHIBIT "A" PUBLIC RECORDS POLICY It is the policy of the City of Edgewater that all municipal records, with the exception of exempted records identified pursuant to S 119.07, Florida Statutes, shall be open for personal inspection by any person. "Public records" means 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, ordinance, or in connection with the transaction of official businesses by the City (S119.011(1), F.S.). Pursuant to S 119.07(1)(a), Florida Statutes, "every person who has custody of a public record shall permit the record to be inspected and examined 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 the custodian's designee." F or the purpose of this policy, "reasonable" time to provide access to public records is during normal business hours - Monday - Friday, 8:00 a.m. - 4:30 p.m.. "Reasonable" time-frame to provide copies, dependent upon the volume of records requested, shall be five (5) working days. Note: This is not to assume that a "minor" request for records should be delayed until the end of the fifth working day. Any records/documents kept in off-site storage shall require an additional time frame for delivery of said records/documents. Upon request, the City will furnish copies of public records based on the following fee schedule: . . . . . . Single-sided copies, up to 8 ~" x 14" Double-sided copies, up to 8 ~" x 14" Single-sided copies, up to 11" x 17" Double-sided copies, up to 11" x 17" Larger size copies Certified copy of a public record .15 each .20 each .50 each .75 each Based on actual cost of duplication $1.00 per page in addition to actual copy cost $5.00 No charge unless extensive clerical assistance is required Based on actual cost of duplication Based on actual cost of duplication $1.00 per faxed page . . Duplicate audio tape Duplicate audio tape (citizen provided tape) . . . Duplicate video tape Reprints of photographs Facsimile Transmission Note: Additional charges will be added to cover the cost of postage and packaging if necessary. 2002-R-25 4 /' " ..... ...." 9119.07(1 )(b), Florida Statutes, provides: "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 agency involved, or both, the agency may 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." For the purpose of this policy, "extensive clerical or supervisory assistance" is determined to be requests that require more than one hour of an employee's time to research, retrieve and copy the requested records. For public records requests requiring more than one hour, the requester will be required to pay the hourly salary of the employee doing the research, copying the records and/or supervising the requester's research. This hourly fee will begin after the first hour of clerical or supervisory assistance is completed. For requests estimated to require more than one hour of a City employee's time, a minimum deposit of$25 .00 will be required (deposit will be adjusted depending on the volume of records/research requested). The deposit will be applied to the final cost of the public records request. Any requestor of public records who submits a request for records to be delivered by facsimile transmission shall be informed that the charge for the records/documents would be the normal charges listed herein (which would cost less per page) versus the charge for facsimile transmission. Cash, personal check (on a local bank), money order, credit card, debit card or certified check shall be paid prior to the delivery of the requested materials. Any check, money order, or certified check shall be made payable to the "City of Edgewater". 2002-R-25 5 /' \.