Loading...
Public Records Requests Policy VILLAGE OF NORTH PALM BEACH ADMINISTRATIVE POLICY FOR PUBLIC RECORDS REQUESTS PURPOSE The purpose of this policy is to provide a uniform, efficient, and responsive procedure for processing public records requests in accordance with 119.07 Florida Statutes. The public may review or obtain copies of records by contacting the Clerk’s office or the relevant department. POLICY In accordance with 119.07(1)(a) Florida Statutes, “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 records.” The employees of the Village of North Palm Beach shall give public records requests high priority and every effort shall be made to fill requests for records promptly. All departments will respond to public records requests, either by providing the records directly to the requestor, or forwarding the records to the Village Clerk’s office. If the nature of the request precludes its completion within 2 business days of receipt, the requestor shall be notified and given an estimated completion date. PROCEDURE Request to the Clerk’s office for records maintained in another department: 1. Village Clerk or designee shall promptly acknowledge the request, complete the Records Request form and forward it to the appropriate department head(s). The department head(s) or designee shall respond to the Clerk’s office as soon as possible, either by issuing the requested records, giving an estimated completion date, or advising that there is no record responsive to the request. Request to department for records maintained/immediately available in department: 2. Department shall provide records directly to the requestor. If the requested records are not immediately available, or require supervised viewing, the department head or designee shall immediately forward the request to the Clerk’s office, and provide the requested documents to the Clerk’s office as soon as possible. 3.A public records request related to a criminal or internal investigation, or any other Public Safety records shall be routed to the Public Safety Department. Administrative Policy for Public Records Requests Page 2 of 7 4.A public records request for personnel records shall be routed to the Human Resources Department and/or Finance Department. 5.A public records request pursuant to pending or current litigation shall be copied to the Village Attorney and, if applicable, the Village’s litigation attorney. 6.The Village Manager shall be copied on all public records requests. 7.Village employees shall always retain custody of Village records. When appropriate, copies, computer printouts, or other materials created for distribution to the public may be issued to the requestor through the Clerk’s office. 8.The responding department shall determine if extensive time is needed to research, locate, review/redact confidential information, copy, refile, or oversee the review of the records requested, and shall notify the Clerk’s office as soon as possible with an estimate, so it can be determined if a special service charge and deposit are required. 9.If the nature or volume of the records requested requires extensive clerical, supervisory, or information technology assistance, the estimated cost of copies and any special service charge shall be provided to the requestor before the work is undertaken. The Village Clerk or designee may require prepayment if the information requested requires extensive use or assistance, research, and/or resources. 10.Fees will be in accordance with Section 119.07(4) Florida Statutes. Fees for public records shall be paid by cash, check or money order (made payable to the Village of North Palm Beach.) Payment in advance (including postage) is required if documents are to be mailed. Nothing herein shall prohibit the Village from providing courtesy copies free of charge to the news media, other governmental agencies, or as the Village Clerk or designee determines is in the public interest. See attached schedule for applicable fees. Payment for copies of public records shall be forwarded to the Finance Department. 11.Records that are available electronically will be provided at no charge via email or online, whenever practicable. 12.The Village Clerk or designee will contact the requestor when records are available for viewing or copies are ready to be picked up. The Village Clerk’s office will handle notification and billing to the requestor in compliance with Section 119.07(1)(a)(b) Florida Statues. effective 8/7/07; rev. 10/6/10, 4/18/12, 9/19/2016 Administrative Policy for Public Records Requests Page 3 of 7 TERMS Public Records Request Form: The form (copy attached) is used for administrative and informational purposes to track public records requests. The person requesting a public record is not required to complete the form in order to obtain copies or review records. The employee receiving the records request may complete the form, or may ask the requestor to complete the form voluntarily, in order to assist staff in correctly processing the request. Designee: The Village Clerk may designate the Deputy Village Clerk and Administrative Assistant to respond to public records requests. Department Directors may designate an employee to respond to public records requests on behalf of the Department. Exempt or Confidential Information: For the purposes of this policy “exempt information” or “confidential information” shall be defined as all items considered exempt from public record as described in Florida Statues. Some of the more commonly cited exemptions are:  home addresses, telephone numbers, social security numbers, and photographs of current or former law enforcement personnel, firefighters code enforcement officers, and their spouses and children; the names and locations of schools or day care facilities attended by their children.  social security numbers;  bank account numbers or debit, charge or credit card numbers;  medical information pertaining to prospective, current, or former officer or employee, which, if disclosed, would identify that person;  financial statements required of prospective bidders. If there is any uncertainty concerning exempt information, the employee designated to respond to the records request shall contact the Village Clerk or Village Attorney, before providing the requested records. Extensive Use: Any request in which the nature or volume of the public records requested to be inspected or copied requires more than 15 minutes of clerical and/or supervisory assistance to research, locate, review for confidential information, copy, refile, oversee the review of, print and/or use of information technology resources. Special Service Charge: As defined by Florida Statutes Section 119.07(4)(d) “...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...” It is the policy of the Village of North Palm Beach to charge the hourly rate (excluding benefits) of the individual providing the public records. effective 8/7/07; rev. 10/6/10, 4/18/12, 9/19/2016 Administrative Policy for Public Records Requests Page 4 of 7 FEES (PER 119.07(4) FLORIDA STATUTES) (4) The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are authorized: (a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8.5 inches; 2. No more than an additional 5 cents for each two-sided copy; and 3. For all other copies, the actual cost of duplication of the public record. (b) The charge for copies of county maps or aerial photographs supplied by county constitutional officers may also include a reasonable charge for the labor and overhead associated with their duplication. (c) An agency may charge up to $1 per copy for a certified copy of a public record. (d) If the nature or volume of public records requested to be inspected or copied pursuant to this subsection 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. (e)1. Where provision of another room or place is necessary to photograph public records, the expense of providing the same shall be paid by the person desiring to photograph the public records. 2. The custodian of public records may charge the person making the photographs for supervision services at a rate of compensation to be agreed upon by the person desiring to make the photographs and the custodian of public records. If they fail to agree as to the appropriate charge, the charge shall be determined by the custodian of public records. effective 8/7/07; rev. 10/6/10, 4/18/12, 9/19/2016 VILLAGE OF NORTH PALM BEACH RECORDS REQUEST Date Request for copies Request to view documents Description of records requested Person Making Request (this information is optional) Name Mailing Address Telephone # Fax # Email Address Administrative Use Received by (employee) Request # (Clerk's Office) Dept(s) request sent to Date Request Available Comments from Dept. Copies pages x 0.15 (1-sided) pages x 0.20 (2-sided) Other (CD/lg format/color) x ***Special Service Fee *** (must provide estimate first) Clerical or IT help exceeding 15 minutes, or supervising review of records exceeding 15 minutes Clerical hours x (hourly rate excluding benefits) Information Tech hours x (hourly rate excluding benefits) Supervise review hours x (hourly rate excluding benefits) SUBTOTAL DEPOSIT TOTAL AMOUNT DUE Administrative Policy for Public Records Requests Page 6 of 7 Intranet Form for notification to Clerk’s Office by Department RECORDS REQUEST WEBDESK TO VILLAGE CLERK DATE FROM (EMPLOYEE NAME) FROM (DEPARTMENT) RECORD REQUESTOR'S NAME & ADDRESS, IF AVAILABLE REQUESTOR'S CONTACT NUMBER REQUESTOR'S CONTACT EMAIL DOCUMENT OR INFO REQUESTED DEPT WILL PROVIDE Y/N DEPT WILL SEND TO CLERK Y/N SPECIAL SERVICE CHARGE Y/N ESTIMATED COST ESTIMATED TIME TO COMPLETE SUBMIT TICKET PRINT THIS PAGE effective 8/7/07; rev. 10/6/10, 4/18/12, 9/19/2016 Administrative Policy for Public Records Requests Page 7 of 7 Website Form for Online Public Records Requests VILLAGE OF NORTH PALM BEACH ONLINE PUBLIC RECORDS REQUEST Important: Requests to view or obtain copies of public records are not required to be made in writing. You do not have to give your name or explain why you are making a request. If you want to make a verbal request, call 561-841-3355. If you want to make a written request via e-mail, please use the fill-in form below. Note: Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send e-mail to this entity. Instead, contact this office by phone or in writing at the phone number or address below. 501 US HIGHWAY 1 NORTH PALM BEACH FL 33408-4906 PHONE: 561-841-3355 FAX: 561-881-7469 EMAIL: NPB PUBLIC RECORDS YOUR NAME YOUR ADDRESS YOUR PHONE NUMBER YOUR EMAIL ADDRESS REQUESTOR'S CONTACT EMAIL DOCUMENT OR INFORMATION REQUESTED Please check all that apply: I prefer to be contacted by phone I prefer to be contacted by email I prefer to be contacted in writing It is OK to leave a message SUBMIT effective 8/7/07; rev. 10/6/10, 4/18/12, 9/19/2016