ADMINISTRATIVE REGULATION DATE APPROVED AR 1203 JANUARY 21 2014

2 GENERAL SECRETARIAT ADMINISTRATIVE MEMORANDUM NO 54
ADMINISTRATIVE TRIBUNAL JUDGEMENT NO 867 CASE NO 938
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(1) FROM (STAMP OF THE ADMINISTRATIVE AGENCY)  
(INSERT AGENCY NAME) REPRODUCTIVE HEALTH PROGRAM ADMINISTRATIVE POLICIES AND
(SCHOOL DISTRICT LETTERHEAD) DATE DIRECTOR DEPARTMENT OF ADMINISTRATIVE

ATTACHMENT II

ADMINISTRATIVE REGULATION DATE APPROVED AR 1203 JANUARY 21 2014


ADMINISTRATIVE REGULATION DATE APPROVED:



AR: 12.03 January 21, 2014

SUBJECT DEPARTMENT: TMENT:



Records Management Public Services




PURPOSE

The purpose is to provide documented policies, procedures and guidelines for the retention, storage and disposal of public records.


SCOPE

This policy is applicable to all Departments within the Board of County Commissioners and applies to all public records of the Department regardless of the medium in which they exist (i.e., paper, electronic or other).


AUTHORITY

Florida Statutes


Florida Administrative Code

DISTRIBUTION

All Board of County Commissioners staff will be notified of this policy via the email distribution list as well as provided on the website.

POLICY

The Board of County Commissioners – Administration Office shall establish and maintain an effective records management program for the custody and disposal of “PUBLIC” records, as well as provide for public access to those public records as required by law.




GENERAL

A records management program consists of retention, storage, disposition and all other record keeping requirements and practices that support the Department’s programs, activities, operations and accomplishments in order to best serve the public. Section 257.36(5)(b), F.S. states that it is the responsibility of local government agencies to “establish and maintain an active and continuing program for the economical and efficient management of records.”


The Board of County Commissioners Records Management Liaison Officer (RMLO) is designated by the County Administrator and serves as the Department’s contact for Records Management. The RMLO is located in the Administration Office of the Board of County Commissioners.


Each Department shall ensure that one Records Management Coordinator is assigned the Departments records management responsibilities and will be the RMLO’s records contact for that Department. All questions, issues, or concerns relating to records management in each Department should be addressed to the RMLO.


Each employee assigned as the Records Management Coordinator shall receive proper training and are required to acquaint themselves with the Policy for maintaining records in their respective Department.


Where retention schedules have not been established for public records of the Department, regardless of the record series format or storage media, applicable forms must be submitted to the Department of State through the Board of County Commissioners RMLO.


Such submissions must be in accordance with procedures established and defined by the Department of State, Division of Library and Information Services.


Records, regardless of retention requirements, may be retained in electronic imaging systems as opposed to paper. The electronic record must still be maintained according to its recommended retention established in the general or individual records schedules and the paper record disposed of in accordance with established procedures as defined in Rule 1B-26.003, F.A.C. Disposition must be handled in accordance with Chapter 1B-24, F.A.C.


Each division or staff office in the Department must systematically dispose of public records that have met their retention requirements and are no longer needed.


PROCEDURES

1. Organization and Maintenance


Public records shall be organized, arranged and maintained using a filing or record keeping system that


(a) is appropriate to the nature, purpose and use of the records;


(b) can be easily understood by all users; and


(c) facilitates locating and access to those records by all users, when and where it is needed.


All records shall be stored on an appropriate media format to ensure preservation of the record for the entire length of the required retention period.


Inactive records can be boxed and stored at the Records Center, on site or other appropriate storage facility until the applicable retention period has been met.


2. Inventory

Each division or staff office in the Department shall maintain a current inventory of all records series in their custody or control. Inventory can be in any format at the discretion of each division or staff office but at a minimum, the inventory must identify and describe each record series created or maintained by the division.


3. Establish Retention Schedules

Chapter 257.36(6), F.S., states that “a public record may be destroyed or otherwise disposed of only if in accordance with retention schedules established by the State.” This means that all records, regardless of access provisions, must be scheduled before disposition can occur.


Except as otherwise noted herein, the Board of County Commissioners will follow the Records Retention Schedule for its public records developed by the Department of State.


  1. General Records Schedule for State and Local Government Agencies GS1-SL - This schedule is issued by the Division of Library and Information Services, to establish disposition standards for records common to state and local agencies within the State of Florida. Many of the Department’s records are covered by this schedule.


The authorizations and recommendations contained in a General Records Schedule may be used by any agency with the listed records in its custody. The period reflected in the schedule is the MINIMUM time a record series is to be kept. If two or more record series are filed together, the combined files must be kept through the longest retention period of those records. An established General Records Schedule for a record series eliminates the need for the submission of a Records Retention Schedule, Form LSE-105REff.2-09. If the Board of County Commissioners desires a lesser retention period than that stated in a General Records Schedule must apply for the establishment of an individual agency retention schedule.

  1. Department Records Retention Schedules – Any record not covered by general records schedules must have a Records Retention Schedule established. This schedule is established when the Agencies RMLO submits a “Request for Records Retention Schedule” (Form LS5E-105REff.2-09) to the Division of Library and Information Services and receives approval authority. Once an approved Department Records Retention Schedule has been established for a records series, records in the series are eligible for disposal action when they have met the retention requirements. The approved schedule remains effective until there is a change in series content or other factors are introduced which would affect the initial approved retention period.


  1. Reasons for keeping a specific record past the minimum retention period:


  1. Exceptions to the Department of State Retention Schedule:


(1) Audio and Video Recordings of Board of County Commissioner Meetings, public hearings, and workshops, if made, will be kept for a minimum of five (5) years from the date of recording, rather than three (3) years as required by the Bureau of Records Management.


It is important to note that all records, exempt or non-exempt, must be scheduled and approved by the Division of Library and Information Services before disposition can occur (See Chapter 119.07, F.S.)


4. Obtain Disposal Authorization

When records have met retention requirements established by a General Records Schedule the County may initiate disposal action by submitting a Records Disposition Document to the County’s RMLO (Attachment A – Records Disposition Document). This request, when approved by the County’s RMLO, authorizes the disposition of the listed records. It also serves as a certificate of records disposition when signed by a State agency official. The request must be submitted and approved before the actual disposition is carried out.


The request assures that there is no premature disposal of records, or that records to be disposed of do not have an immediate or urgent value beyond the original retention period.


Rule 1B-24.0039(d)6 states that “Agencies are not required to document the disposition of records with a retention of retain until obsolete; superseded or administrative value is lost (OSA) except for records that have been microfilmed or scanned as part of a retrospective conversion project in accordance with Rules 1B-26.0021 or 1B-26.003, F.A.C. where the microfilm or electronic version will serve as the record (master) copy.” OSA documents can also be duplicate copies of the record (master) copy. Each Department shall identify OSA records of their specific area.

RESPONSIBILITIES



DEFINITIONS

Word/Term

Definition

Public Records

All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency.

Electronic Records

Any information recorded in machine-readable form.

Public Access


Chapter 119.07(1)(a), F.S., states that “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 supervised by the custodian of the public record or the custodian’s designee.” Chapter 119.07 defines the fees for copies.

Exemptions


Exemptions are listed in Chapter 119.07(3)(a)-(dd) as well as other applicable statutes (medical records, etc.). For a comprehehsive reference tool regarding exemptions, it is recommended that you use “The Government in the Sunshine Manual” that may be found on-line at http://legal.firn.edu/sunshine/download.html or purchased from:

The First Amendment Foundation

336 East College Avenue, Suite 103

Tallahassee, Florida 32301

(850) 222-3518


For examples of exemptions please see DMS’ Public Records Request Manual and the procedures and guidelines established by Divisions within the Department for handling confidential and/or exempt information.

Electronic Mail (E-mail)


Electronic mail or E-mail is the electronic transfer of information typically in the form of electronic messages, memoranda and attached documents from a sending party to one or more receiving parties by means of an intermediate telecommunications system. Electronic mail that is created or received by any agency in connection with official business is a record that is subject to access and records management laws and regulations.


E-mail consists of a variety of records series or types recorded on a specific media. As such, E-mail is considered to be a public record in accordance with Section 119.011(1), F.S., and is therefore subject to the same provisions of use and disposition as further defined in the Florida Statutes, the Florida Administrative Code, and this policy. It has been determined that E-mail is not in and of itself a records series but may encompass a variety of records series or types recorded on a specific media. Therefore, E-mail records must be maintained according to the retention schedule of the record type represented by the E-mail.

Records Retention Schedule


A schedule describing the records and setting the retention period for each record series or type of record. This officially determines the minimum length of time that the record series must be retained to meet administrative, legal, fiscal and historical needs.

Inactive Records

Records that have lost some of their value or have been superseded by new records but have not yet met all of their retention requirements. These records can be stored off-site until final disposition.

Disposition

Final actions taken with regard to records that have met retention requirements and are no longer needed for current government business as indicated in records retention schedules (general or individual). Disposition may include either destruction of public records or transfer of public records to the custody of another public agency such as the Florida State Archives or a local government archives or records repository.

Record series

A group of related public records arranged under a single filing arrangement or kept together as a unit (physically or intellectually) because they consist of the same form, relate to the same subject or function, result from the same activity, document a specific type of transaction, or have some other relationship arising from their creation, receipt, or use. A record series might contain records in a variety of forms and formats that document a particular program, function, or activity of the agency.




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(YOUR AGENCY’S NAME) REPRODUCTIVE HEALTH PROGRAM ADMINISTRATIVE POLICIES AND
02313 BOARD OF DENTAL EXAMINERS MAINE ADMINISTRATIVE PROCEDURE ACT
02395 PLUMBERS’ EXAMINING BOARD MAINE ADMINISTRATIVE PROCEDURE ACT 2010


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