2010-27497 Reso 1
' I
i RESOLUTION NO. 2010 -27497
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE TIME FRAME
FROM ONE HOUR TO THIRTY (30) MINUTES FOR THE IMPOSITION
OF A SPECIAL SERVICE CHARGE, PURSUANT TO SECTION
11 OF THE FLORIDA STATUTES, FOR THE COSTS
INCURRED FOR THE EXTENSIVE USE OF INFORMATION
TECHNOLOGY RESOURCES, OR FOR THE LABOR COSTS OF
EXTENSIVE CLERICAL OR SUPERVISORY ASSISTANCE BY
PERSONNEL OF THE CITY, OR BOTH, FOR PUBLIC RECORDS
REQUESTS.
WHEREAS, it, is the policy of the 'State of Florida, pursuant to the public records
provisions in Chapter 119 of the Florida Statutes which are subject to certain stated exceptions,
that state, county, and municipal records are open for personal inspection and copying by any
person; and
..WHEREAS, Section 119.07(4)(d) of the Florida, Statutes provides that Jf "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'incurr'ed fo'r 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 "; and
WHEREAS, in many other local governments in Miami -Dade and Broward Counties, the
extensive use of information technology resources or clerical or supervisory assistance has
Peen. defined as labor exceeding thirty (30) minutes after which a special service charge is
imposed for assistance in responding to public records requests; and
WHEREAS, in the City "of Miami Beach it is reasonable to impose a special service
charge for the extensive use of information technology resources or the labor costs of clerical or
supervisory assistance with public records requests when such assistance exceeds thirty (30)
minutes.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY .OF MIAMI BEACH, FLORIDA, that the extensive use of
information technology resources or clerical or supervisory assistance for purpose of' assisting
with responses to public records requests pursuant to Chapter 119 of the Florida Statutes, shall
be defined as labor that is provided in excess of thirty (30) minutes for which a special service
charge, .authorized by Section 119.07(4)(d) of the Florida Statutes, may be. imposed by the City.
K
PASSED and ADOPTED this c2Of6 day of September, 2010. f
ATTEST:
{
M TI HERRERA BOWER , T
MAYOR APPROVE AS
D 0
ROBERT PARCHER, CITY CLERK FORM & LA,�GUAGE
A FOR E E
F: \atto \TURN \RESOS \Clerical Assistance for Public Records Requests.docx . q T NE ' DATE
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The Time
Frame From One Hour To Thirty (30) Minutes For The Imposition. Of Special Service Charges,, Pursuant To
Section 119.079(D) Of The Florida Statutes, For The Costs Incurred For The Extensive Use Of Information
. Technology Resources, Or For The Labor Costs Of Extensive Clerical Or Supervisory Assistance By
Personnel Of The City Or Both, For Public Record Requests.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Issue:
Shall the City adopt this resolution to amend the existing Public Records Request Policy?
Item. Summa /Recommendation:
The Florida Stature allows authorization as follows:... "If the nature or volume of public records requested to
be inspected 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, theagency 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."
Under the City of Miami Beach Public Records Request Policy, the term "extensive" shall be defined as labor of
one (1) hour or more, which will be charged at the flat rate of-the employee (fringe benefits not included) whose
normal scope of duties include performing the function.
If this resolution is adopted; the definition of "extensive" shall be defined as labor of half an hour (1/2 hour) or
more.
Adviso ° Boa'rd Recommendation:
: 'A roved at the August 25, 2010 Finance and Citywide Projects Committee Meetin
Financial Information:
Source'of Am r
} Accounts.
Funds
:2
3
i OBPI Total'
Financial Impact Summary:
City Clerk's Office Legislative Trackin
Robert E. Parcher, City Clerk
Sign-Offs:
Department ire ctor Assistant ,City Manager City; Manageyr,
Ro Parcher Dolores Meia Jorge n le
TAAG NDA\2 10 \September 20 \Public Records Request Summary.doc
AGENDA ITEM A,M,l EACH C 7 A
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DA TE 9
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MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION. MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
j FROM: Jorge M. Gonzalez, City Manager
I DATE: September 20, 2010
I SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE TIME FRAME FROM ONE HOUR TO THIRTY (30)
MINUTES FOR THE IMPOSITION OF SPECIAL SERVICE CHARGES, PURSUANT TO
i SECTION 119.079(D) OF THE FLORIDA STATUTES, FOR THE COSTS INCURRED
FOR THE EXTENSIVE USE OF INFORMATION TECHNOLOGY RESOURCES, OR
�. FOR THE LABOR COSTS OF EXTENSIVE CLERICAL OR SUPERVISORY
' ASSISTANCE BY PERSONNEL OF THE CITY, OR BOTH, FOR PUBLIC RECORD
i
REQUESTS.
{ ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the resolution.
{ BACKGROUND
{
} The Florida Legislature recently debated Senate Bill 1598, which required all elected and appointed public
officials to undergo education and training on the requirements of the Sunshine in Government Act, and
provided that if the nature or volume of the public record requested to be inspected or copied required more
than 30 minutes of agency resources, the agency may charge a fee for the agency resources incurred, etc.
Staff costs may be charged only for a public- record request that requires more than 30 minutes of the staff
member's time to complete. Staff costs must be calculated based on the base hourly rate of the lowest paid
staff member who is capable of providing the requested public record, including the cost of any supervisory
assistance. Although the Bill died at committee, the 30- minute policy is justifiable for the City of Miami
Beach, due to the amount of public records requests processed throughout the departments.
The Florida Stature allows authorization as follows:.:. "If the nature or volume of public records requested
to be inspected or copied is such as to require extensive use of information technology resources or
extensive clerical or supervisory assistance b personnel of the agency involved or both the agency may
P rY by 9 Y 9 Y Y
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."
Under the City. of Miami Beach Public Records Request Policy, the term "extensive" shall be defined as
labor of one (1) hour or more, which will be charged at the flat rate of the employee (fringe benefits not
included) whose normal scope of duties include performing the function.
If this resolution is adopted, the definition of "extensive" shall be defined as labor of half an hour (1/2 hour)
or more.
ANALYSIS
The City Clerk's Office has compiled a list of municipalities performing Public Records Requests and their
regarding "extensive" use of clerical or supervisory , assistance throughout Miami -Dade and Broward
i Counties (see second page). It has been estimated that the average "extensive" use of labor is.assessed
roughly after thirty (30) minutes.
Municipality "Extensive" Use of Policy
Clerical /Su erviso Assistance
Coral Gables After 20 minutes.. Ordinance 2004 -39
Fort Lauderdale N/A
Hialeah No time set
Homestead After 15 minutes
Miami After 20 minutes
Miami Shores After one hour
Miami -Dade County After 20 minutes Administrative Order 4 -48
r N, orth Miami After 10 minutes First 35 pages are free.
`Pembroke Pines After 30 minutes
Pinecrest N/A
South Miami After three or more hours No policy in place
5uhny Isles After two hours
Sunrise After 30 minutes
` CONCLUSION
,The Administration recommends approval of the resolution.
T:\AGENDA\2010 \September 20 \Public Records Request - Memo.doc