HomeMy WebLinkAboutRES NO. 18-03-468 - 03/05/2018 - Authorize Comm Partners to receive Personal InfoSTATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 18-03-468
RESOLUTION AND POLICY OF THE CITY OF MILTON AUTHORIZING CERTAIN
COMMUNITY PARTNERS TO RECEIVE (LIMITED) PERSONAL INFORMATION
FOR AUTHORIZED PURPOSES
WHEREAS, O.C.G.A. 50-18-71 provides that all public records shall be open for personal
inspection and copying, except those which by order of a court of this state or by law are
specifically exempt from disclosure;
WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) provides that public disclosure shall not be
required for records that reveal certain personal information, including personal e-mail addresses;
WHEREAS, O.C.G.A. 50-18-72(a)(20)(A) is mandatory in application, and prohibits the
release of certain personal information to the general public;
WHEREAS, the Open Records Act, however, anticipates that private providers may
provide governmental (municipalized) services in lieu of such services being provided directly by
the City of Milton;
WHEREAS, in such situations, such private actors operate in association with the City of
Milton;
WHEREAS, to that end, the City of Milton partners and coordinates with certain private
entities ("Community Partners" or "Community Partner") in providing certain services to the City
and its residents;
WHEREAS, as noted above, these Community Partners provide services for or on behalf
or in conjunction with the City of Milton;
WHEREAS, a Community Partner, in providing services for or on behalf of the City of
Milton, or in conjunction therewith, may require access to certain, limited in scope, personal
information in order to provide such services;
WHEREAS, it is the intent of the Milton City Council for Community Partners to receive
certain (narrowly defined) personal information pertinent to any services provided for or on behalf
of, or in conjunction with, the City of Milton, provided such personal information is used only for
authorized purposes; and,
WHEREAS, it is the policy of the City of Milton that such Community Providers only
have access to limited personal information, as defined herein, and in accord with this policy and
any associated Memorandum of Understanding that may be entered with such Community
Partners.
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NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the representations, statements, and policy objectives in the above preamble
are hereby restated verbatim and made a part of the approvals in this Resolution;
2. It is the policy of the City of Milton that Community Partners providing services
for or on behalf of the City of Milton may receive certain (limited) personal
information, particularly contact information, in the possession of the City of
Milton;
3. Any such limited personal information to be made available to the Community
Partner shall be determined by the City of Milton on a case by case basis, and
limited to there existing a bona fide, public service reason for such information to
be provided to a Community Partner;
4. As a condition of receiving any personal information from the City of Milton,
Community Partner shall be required to sign a memorandum of understanding
("MOU") that shall provide, at a minimum:
a. Any personal information the Community Partner is authorized to receive;
b. The bona fide governmental reason justifying access to the personal
information;
c. The authorized purpose for which the personal information may be used by the
Community Partner;
d. Conditions under which the Community Partner shall safeguard and protect the
personal information and ensure no dissemination of same;
e. That the Community Partner shall use any personal information received from
the City of Milton gWy for the stated authorized purposes in the MOU and in
compliance with any and all applicable law; and,
f. That if the Community Partner, or any officer, employee, or agent of the
Community Partner uses such personal information in derogation of the MOU,
or allows the personal information to be released due to negligence or lack of
adherence to approved protocols, that the City of Milton shall have the
immediate right to terminate the MOU, terminate its relationship with the
Community Partner, and otherwise take whatever civil or criminal action is
warranted and justified under the facts leading to such use or distribution.
5. That, notwithstanding the public policy objectives of this Resolution, the City of
Milton shall not share with a Community Partner information consisting of, but not
limited to, citizen and resident social security numbers, medical information,
financial information, account passwords, and GCIC information.
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SO RESOLVED, this day of '2018.
Attest:
Sudie Gordon, City Clerk
Joe L ck o 'Mayor
City of Mil n
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