HomeMy WebLinkAboutORDINANCE NO. 07-01-01ORDINANCE NO. 07-01-01
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE THE OPEN RECORDS POLICY FOR THE CITY
OF MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICY;
AND FOR OTHER PURPOSES
The Council of the City of Milton hereby ordains while in regular session on the 11th day of January, 2007
at 5:30 p.m.:
WHEREAS, it is necessary, from time to time, to establish policies and procedures consistent with the
administration of a municipal government in alignment with federal, state, and local regulations; and
WHEREAS, the City Clerk's office has comprehensively developed the Open Records Policy to provide
guidance and direction to City officials and City employees, to establish standard policies for recurring
matters, to establish strong internal controls and legal compliance, and to provide for an efficient and effective
means to serve constituents; and
WHEREAS, upon adoption, staff will incorporate the Open Records Policy into the City's management
program and effectuate the management of documents; and
WHEREAS, the City intends to utilize these policies and procedures in all open records requests.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
SECTION 1. That the Ordinance relating to the Open Records Policy is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as the Open Records Policy of the City of
Milton, Georgia; and,
SECTION 3. That staff is hereby directed to develop operating procedures and practices consistent
with the nature and scope of the policy attached hereto; and
SECTION 4. This Ordinance shall be effective immediately after adoption.
ORDAINED this 11th day of January, 2007.
Attest:
JehettR. Marchiafava, City Clerk
(Seal)
Approved:
Tne f .nAwnnrl M vnr
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CITY OF MILTON OPEN RECORDS POLICY
Purpose I
Policy II
Public Records III
Ownership of Public Records IV
Release of Information Procedures V
Inspection of Records; fees; costs VI
Exemptions VII
I. PURPOSE - The purpose of this policy is to provide procedures for open records
requests.
II. POLICY - The City of Milton is committed to conducting City business in a
manner that complies with all legal requirements, fosters citizen confidence in City
government, and promotes efficient and effective governmental operations. The
City recognizes the importance of communicating information to citizens and other
interested parties and will cooperate in supplying requested information which is
considered a matter of public record.
III. PUBLIC RECORDS - O.C.G.A. 50-18-70 (a) defines a public record as all
won" documents, papers, letters, maps, books, tapes, photographs, computer based or
generated information, or similar material prepared and maintained or received in
2046 the course of the operation of a public office or agency. Public records shall also
mean such items received or maintained by a private person or entity on behalf of a
public office or agency that are not otherwise subject to protection for disclosure.
O.C.G.A. 50-18-70 through 77, called the Georgia Open Records Act, establishes
the right of every citizen to inspect and take a copy of all records except those
specifically exempt from being open. When an agency receives a record request
under the Open Records Act, it must comply with guidelines established in the
law:
The agency has three business days from the date of the request to
determine if the requested records are open or closed.
If the records are closed, the agency must respond in writing specifying
the legal authority for restricting access to the records.
Otherwise, the records are to be provided within the three-day period or a
plan for providing access to the records provided to the requester.
IV. OWNERSHIP OF PUBLIC RECORDS — Records created and acquired by an
employee of the City of Milton in the course of conducting government business are
the property of the City of Milton and of the State of Georgia. Persons who create
or acquire custody or possession of official records by virtue of their positions do
not necessarily attain a proprietary interest in these records. City of Milton records
are public records under the law and belong to the government rather than the
employee. All City employees are responsible for reporting any actual or
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threatened loss or removal of records to the City Clerk, City Attorney, City
Manager, or Department Head.
"d V. RELEASE OF INFORMATION PROCEDURES - Formal requests for
information under the Public Records Act pursuant to O.C.G.A. § 50-18-70 should
be made in writing to the City Clerk. The City Clerk may accept requester's formal
written request or shall provide an Open Records Request Form to the person
making the request, which must be completed and returned to the City Clerk for
further action. Informal requests may be made verbally. The public will not need to
make a formal request for copies or viewing of routine ordinances, resolutions,
agendas, maps, and minutes. Upon receipt of request, the City Clerk will notify the
appropriate Department Head/Director by Form ORR-1 for retrieval of information.
When the requested information is compiled, all information along with Form
ORR-1, reflecting attorney review and approval, approval by Department
Head/Director and an estimate of costs and time, will be submitted to the City
Clerk. (See Form ORR-1) The City Clerk will certify information, issue invoice,
and notify requester to make arrangements for submittal of information.
Exception: Standardized and routine open records requests such as accident,
incident, and miscellaneous reports and general research and analysis requests
from the Police and Fire Departments will be received and handled by the
Police and Fire Departments. Also, open record requests pertaining to municipal
NNW court dispositions will be handled by the Clerk of Court.
am Whenever either type of request is received, the Department Head/Director or
designated person responsible for control of that information should ensure that
the information is provided as quickly as possible. Within 48 hours the City
Clerk will be advised of requests, which cannot be available to the requester
within three (3) business days from the date of receipt. The advisory will
include a description of the records requested and a timetable for availability.
The City Clerk will provide a written notification of this information to the
requester within 24 hours. In no event shall more than three (3) business days
lapse before a written timetable of inspection is provided to the requester from
the City Clerk or the information is provided to the requester by the appropriate
Department Head/Director.
Exceptions to the Open Records law are provided below. If there is a question
as to whether or not information requested is subject to the Open Records law,
the Department Head/Director shall immediately contact the City Clerk. In all
cases, the City Attorney shall make the final decision if information is to be
withheld and will provide a written response citing the appropriate code
section, which exempts the records from being released.
VI. INSPECTION OF RECORDS; FEES, COSTS — Pursuant to O.C.G.A. § 50-18-
70, if an individual has the right to inspect a record, he/she also has the right to
make extracts or to make copies of the records under the supervision of the
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Ww" custodian of the records. If information is to be released, the requester will be
allowed access, during normal business hours, to the documents containing the
requested information. Departments should decide what hours to make documents
available and monitor and supervise the inspection of approved records.
City of Milton employees do not have to prepare reports, summaries or
compilations of public records not in existence at the time of the request.
Copies must be furnished, if requested, at a charge of $.25 cents per page. A
written response to all formal requests must be prepared indicating the time and
place the records may be inspected and the approximate cost involved. A fee
may be charged for research, retrieval, monitoring, and other direct
administrative costs involved with the request, after the first fifteen (15) minutes
of employee time expended. This fee should represent the salary of the lowest
paid full-time employee who possesses the necessary skill and training to
perform the request.
Additional fees may be charged for other relevant information (e.g.
comprehensive plans, manuals, zoning and municipal ordinances, CDs) in
accordance to the adopted citywide fee schedules.
Redaction of Information: Many documents/materials are exempted from
*ow" release in their entirety and these items may be completely removed from the
record. Other documents/materials contain only specific information, which is
exempted from release. In these instances, a photocopy of the document will be
made and the specific exempted information will be blacked out with a heavy
ink marker or through electronic means. The document photocopy will then be
recopied to insure it cannot be read.
VII. EXEMPTIONS
Types of exempted documents that are not subject to disclosure are defined in
O.C.G.A. 50-18-72. (In all cases, the City Attorney shall make thefinal decision
if information is to be withheld and will provide a written response citing the
appropriate code section, which exempts the records from being released)
These are a few types of exempted documents:
1. Any record required by the federal government to be kept confidential.
2. An individual's social security number and insurance or medical information in
personnel records, which may be redacted from such records (Pursuant to
O.C.G.A. 50-18-72, 11.1)
3. Medical files
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.•.. 4. Records compiled for law enforcement or prosecution purposes to the extent that
production of such records would disclose the identity of a confidential source,
disclose confidential investigative or prosecution material, which would
all" endanger the life or physical safety of any person or persons, or disclose the
existence of a confidential surveillance or investigation.
5. Records of law enforcement prosecution, or regulatory agencies in any pending
investigation or prosecution of criminal or unlawful activity, other than initial
police arrest reports, accident reports, and incident reports; provided, however,
that an investigation or prosecution shall no longer be deemed to be pending
when all direct litigation involving said investigation and prosecution has
become final or otherwise terminated.
6. Records that consist of confidential evaluations submitted to, or examinations
prepared by, a governmental agency and prepared in connection with the
appointment or hiring of a public officer or employee, and records consisting of
material obtained in investigations related to the suspension, firing, or
investigation of complaints against public officers or employees until ten days
after the same has been presented to the agency or an officer for action or the
investigation is otherwise concluded or terminated, provided that this paragraph
shall not be interpreted to make such investigatory records privileged.
ow. 6. Real estate appraisals, engineering or feasibility estimates, or other records made
relative to the acquisition of real property until such time as the property has
�..+ been acquired or the proposed transition has been terminated or abandoned.
7. Those portions of records which would identify persons applying for or under
consideration for employment or appointment as executive head of an agency
("agency" is defined as a department, commission, board or authority, not just
the city government); provided, however, that at least 14 calendar days prior to
the meeting at which final action or vote is to be taken on the position, the
agency shall release all documents which came into its possession with respect
to as many as three persons under consideration whom the agency has
determined to be the best qualified for the position and from among whom the
agency intends to fill the position. Prior to the release of these documents, an
agency may allow such a person to decline from being considered further for the
position rather than have the documents pertaining to the person released. If the
agency has conducted its hiring or appointment process open to the public, it
shall not be required to delay 14 days prior to taking final action. The agency
shall not be required to release such records with respect to other applicants or
persons under consideration. Upon request, the agency shall furnish the number
of applicants and the composition of the list by such factors as race and sex.
8. Records that would reveal the home address or telephone number, social security
number, or insurance or medical information of law enforcement officers, or
judges or identification of immediate family members or dependents thereof.
mom
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,,,-M 9. Portions of personnel files that include medical records, evaluations and exams,
and materials obtained to investigate disciplinary action until 10 days after issue
is resolved.
10. Documents concerning ongoing criminal investigations, the informants and, in
exceptional cases, names of complainants other than the initial arrest reports,
accident reports and incident reports.
11. Names or addresses of juvenile offenders.
12. Real Estate documents pending acquisition.
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