Requesting public records in the City of Fernandina Beach

Submitted by Suanne Z. Thamm
Reporter – News Analyst
February 23, 2017 10:16 a.m.

 

Florida has some of the broadest public records laws in the United States. According to Attorney General Pam Bondi’s website (myfloridalegal.com):

“Florida began its tradition of openness back in 1909 with the passage of Chapter 119 of the Florida Statutes or the “Public Records Law.” This law provides that any records made or received by any public agency in the course of its official business are available for inspection, unless specifically exempted by the Florida Legislature. Over the years, the definition of what constitutes “public records” has come to include not just traditional written documents such as papers, maps and books, but also tapes, photographs, film, sound recordings and records stored in computers.

“Throughout the history of Florida’s open government, its courts have consistently supported the public’s right of access to governmental meetings and records. As such, they also have been defining and redefining what a public record is and who is covered under the open meetings law.”

It is fairly obvious that items such as election records, meeting minutes, resolutions and codes are public records. But what may not be obvious to the public—or even to some elected or appointed office holders, including those who sit on appointed local boards—is that emails, text messages, Facebook posts and even sticky notes can be public records.

Fernandina Beach City Clerk Caroline Best

Fernandina Beach City Clerk Caroline Best and her staff of three work to respond to public records from all sorts of requestors from all walks of life. In responding to these requests they do their utmost to adhere to legal requirements that they provide information requested in a reasonable time and in good faith. When it appears that a request is complex or will take considerable staff time, the requestor may be advised that s/he will need to pay an upfront fee that reflects the number of hours spent on the request multiplied by the hourly wage of the lowest paid individual working on the request.

In addition to gathering the information requested from the various city offices and departments, the Clerk’s Office must also review the information collected before releasing it to make sure that protected information such as Social Security Numbers are not inadvertently released.  Best noted that a recent request involved collecting 20,000 emails from a particular city department director.  She said that request took two weeks to put together.

But most requests can be handled with relative ease by the knowledgeable staff in the Clerk’s office at no cost to the requestor.

While the City Clerk is the “go to” person for most public records, other city offices also provide information to meet the public’s right to access information. For example, the Police Department maintains its own files on incidents and investigations; the Community Development Department is the obvious place to head to review blue prints and building files.

City paper records are stored in City Hall and in 7 storage bays off the island. Many files are available electronically through the city’s website or via Laser Fiche, the electronic storage medium for archives. Electronic files can be searched from any computer with access to the city’s website, www.fbfl.us.

City Clerk Caroline Best says that her office will gladly assist those in need of public records. Requestors may email, call or visit her office in person. When files are too voluminous to email, her office can make arrangements for onsite visits that allow requestors to go through what can be boxes of files.

Best said, “We in the Clerk’s Office are here to assist citizens. We are happy to help and truly at their service. If there is something they don’t understand or can’t find in the electronic files or on the website, we are literally just a phone call away.”

The public may direct records requests to City Clerk Caroline Best in City Hall, 204 Ash Street, Fernandina Beach, FL  32034 during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.  Requests may be made in person or by email to [email protected] or by phone (904) 310-3115 or Fax (904) 310-3454.

Depending on pending issues or litigation, the volume of requests can vary greatly. At times, Best said, 60 percent of staff time has been spent on public records requests. That is not the case today. However, as you can see from the register below (and yes, a public records request is a public record in itself), requests are many and varied. Some are even anonymous.

Suanne Thamm 4Editor’s Note: Suanne Z. Thamm is a native of Chautauqua County, NY, who moved to Fernandina Beach from Alexandria,VA, in 1994. As a long time city resident and city watcher, she provides interesting insight into the many issues that impact our city. We are grateful for Suanne’s many contributions to the Fernandina Observer.

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Dave Lott
Dave Lott(@dave-l)
7 years ago

Informative and interesting article. Reading the Open Records requests is entertaining in itself. While an OR request can be done in an anonymous manner with no disclosure of personally identifiable information, it is a bit alarming to see the amount of personal information that some people give perhaps not understanding that the OR request is public information itself.
It should also be noted that the City is under no obligation to create reports that don’t already exist.
Caroline, Kim and Lillie always do an outstanding job in handling and fulfilling the requests as quickly as possible.

Mrs. D. Hunter
Mrs. D. Hunter (@guest_48529)
7 years ago
Reply to  Dave Lott

You’re right, Mr. Lott, there is a weird entertainment value to having these requests presented on the internet, in composite form, no search required on any of our parts. It should be harder than this to go looking for who made what request, and when. Delivering these people, their requests and their contact information seems creepy. I hope public search requests won’t become a regular feature here [like permits and business licenses] but if so, could more care be taken in redacting individuals’ contact info?

Robert Warner
Robert Warner (@guest_48533)
7 years ago

Some thoughts – since our city employees actually have other work to do, on occasion.
1. Perhaps an appropriate hourly labor charge for reviewing, searching, assembling, redacting, and delivering a response to a record requester might be in order – with an upfront minimum for requests involving large quantities of commercially related documents. Even the process of redacting can be very time consuming.
2. Many of these requests also seem to ask for information that is publically available in courthouse records – using our city employees to perform work that properly should be done by a requester.
3. An identifiable “record” in existence should be required before any search begins. There should be no requirement that the city create a record from many separate records that might be on file.
4. An alternative might be allowing the requester to review and copy redacted files, in house, under supervision.