Public RecordsEarl C. Rich, CRM

We’re Gonna Talk About:

• Definition of a public record• State policy on public access• Management of public records• Managing electronic information• Records management challenges• Wrap-up• Q&A

Defining “Public Records”

Statutory Definition

“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 or ordinance or in connection with the transaction of official business by any agency.

F.S. § 119.011(12)

Florida Supreme Court Interpretation

“…all materials made or received by an agency in connection with official business which are used to perpetuate, communicate, or formalize knowledge. All such materials, regardless of whether they are in final form, are open for public inspection unless the Legislature has exempted them from disclosure.”

Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633 (Fla. 1980)

State Policy on Public Access

General State Policy

“It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.”

F.S. § 119.01(1)

Public Records Requests

Do:•Be transparent•Stay within the law•Follow a defined fee schedule

Don’t:•Arbitrarily delay or postpone•“Lead” the requester to data•Ask: “Who?” or “Why?”

• Personally Identifiable Information (PII)

• Security Information (cyber and physical)

• Medical Information (HIPAA)

• Agency Investigations (criminal or internal)

• Proprietary Business Information

• Information on Government Facilities

F.S. § 119.01(1)

Statutory Exemptions

Records and Information Management

Minimum Requirements

1. Designate a Records Management Liaison Officer

2. Establish and maintain an active RIM program

F.S. § 257.36(5)

Records Management Principles

Accountability Availability

Compliance Disposition

Integrity Protection

Retention Transparency

Mission of Records Management

Asset

or

Liability

ManagingElectronic Records

Need I Say More…?

Electronic Correspondence

“Retention periods are determined by the content, nature, and purpose of records, and are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which they reside or the method by which they are transmitted.”

Excerpt from: GS1-SL “Electronic Communications”

E-mail Management

• The content & size of e-mails can vary vastly, but they can all be grouped into one of the following buckets:

– Transitory– Project Specific– General Correspondence

Social Media

• Facebook

• Twitter

• Myspace

• YouTube

• Wikis

• Blogs

RIMChallenges

Employee Challenges

• Antiquated legal opinions

• Packrats

• “CYA”

• Security Blanket Syndrome

Legacy Data

• Outdated file types (Lotus 123, etc…)• Non-supported storage mechanisms

(floppy drives, aperture cards, “onion skin” paper, etc…)

Wrap-up

Where do I begin?

Lao-tzu

Suggestions

• Incorporate stakeholders throughout the organization

• Don’t make it more complicated than it already is

• Engage a professional records manager

• Develop a good rapport with IT

• Facilitate employee training

Questions?

Thank you!Earl C. Rich, CRM