 “PUBLIC RECORDS” MEANS ALL DOCUMENTS, PAPERS, LETTERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS, FILMS, SOUND RECORDINGS, DATA PROCESSING SOFTWARE, OR OTHER.

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Presentation transcript:

 “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. ( (1), F.S.).   THE FLORIDA SUPREME COURT FURTHER DEFINED PUBLIC RECORDS IN A SEMINAL 1980 LEGAL DECISION. IN SHEVIN V. BYRON, HARLESS, SCHAFFER, REID, AND ASSOCIATES (379 SO. 2D 633, FLA. 1980), THE COURT RULED THAT A PUBLIC RECORD:... IS ANY MATERIAL PREPARED IN CONNECTION WITH OFFICIAL AGENCY BUSINESS WHICH IS INTENDED TO PERPETUATE, COMMUNICATE, OR FORMALIZE KNOWLEDGE OF SOME TYPE. THEREFORE, ANY DOCUMENT MEETING THE ABOVE CRITERIA SET FORTH BY THE COURT IS A PUBLIC RECORD REGARDLESS OF WHETHER IT IS IN FINAL FORM OR IS DESIGNATED BY THE AGENCY AS A “DRAFT,” “WORKING COPY,” OR “PRELIMINARY VERSION.” IF AN AGENCY HAS CIRCULATED A “DRAFT” FOR REVIEW, COMMENT, OR INFORMATIONAL PURPOSES, THAT DRAFT IS A PUBLIC RECORD.  ELECTRONIC RECORDS ARE GOVERNED BY F.S  PAPER RECORDS ARE GOVERNED BY F. S  DIGITIZED OR IMAGED RECORDS ARE GOVERNED BY F.S Public Records Definitions

ST PETE COLLEGE RECORDS ARE SUBJECT TO FLORIDA STATUTES 119, KNOWN AS THE PUBLIC RECORDS LAW, AND FLORIDA ADMINISTRATIVE CODE. RECORDS MUST BE MADE AVAILABLE FOR THE PUBLIC TO VIEW UPON REQUEST, UNLESS THE FLORIDA STATUTES PROVIDE A SPECIFIC EXEMPTION. ST PETE COLLEGE RECORDS ARE SUBJECT TO FLORIDA STATUTES 119, KNOWN AS THE PUBLIC RECORDS LAW, AND FLORIDA ADMINISTRATIVE CODE. RECORDS MUST BE MADE AVAILABLE FOR THE PUBLIC TO VIEW UPON REQUEST, UNLESS THE FLORIDA STATUTES PROVIDE A SPECIFIC EXEMPTION.  NOTE: FERPA PROVIDES A FEDERAL EXEMPTION FROM DISCLOSING STUDENT RECORDS EXCEPT FOR DIRECTORY INFORMATION WITHOUT A SIGNED RELEASE.  THE GENERAL COUNSEL’S OFFICE COORDINATES PUBLIC RECORDS REQUESTS.

Public Records Definitions  RECORDS RETENTION CAN BE BASED ON U.S. FEDERAL LAW, STATE LAW, LOCAL LAW,  RECORDS RETENTION CAN BE BASED ON U.S. FEDERAL LAW, STATE LAW, LOCAL LAW, ACCREDITATION STANDARDS, OR AUDIT REQUIREMENTS. (NOTE: IF ANY RETENTION PERIODS ARE SHORTER THAN THE STATE OF FL, THEN RECORDS MUST BE KEPT ACCORDING TO FLORIDA STATE RETENTION GUIDELINES.)  RECORDS RETENTION PERIODS ARE DETERMINED BY THE LEGAL, ADMINISTRATIVE, FISCAL, AND HISTORICAL VALUE OF A RECORD.

 PUBLIC RECORDS STATUTES ALLOW FOR THE DESTRUCTION OF RECORDS WHICH HAVE MET THEIR RETENTION PERIODS. THEIR RETENTION PERIODS.  ELECTRONIC RECORDS FOLLOW THE SAME RETENTION GUIDELINES AS PAPER RECORDS AND SHOULD BE DESTROYED WHEN THE CORRESPONDING PAPER RECORDS ARE DESTROYED.  ONLY ABOUT 2%-3% OF RECORDS HAVE A PERMANENT RETENTION REQUIREMENT. Public Records Definitions

Records Retention Schedules  SCHEDULES ARE PUBLISHED BY THE STATE OF FLORIDA DIVISION OF LIBRARY AND INFORMATION SERVICES, BUREAU OF ARCHIVES AND RECORDS MANAGEMENT.  CURRENTLY THERE ARE 15 STATE OF FLORIDA GENERAL RECORDS RETENTION SCHEDULES.

Records Retention Schedules  GS1 ADMINISTRATIVE  GS2 LAW ENFORCEMENT  GS3 SUPERVISOR OF ELECTIONS  GS4 HOSPITALS AND MEDICAL  GS5 UNIVERSITY AND COMMUNITY COLLEGE  GS6 BUILDING DEPT (NOW MERGED WITH GS1)  GS7 PUBLIC SCHOOLS  GS8 FIRE DEPARTMENTS  GS9 STATE ATTORNEY  GS10 PUBLIC DEFENDER  GS11 CLERK OF COURT  GS12 PROPERTY APPRAISER  GS13 TAX COLLECTOR  GS14 PUBLIC UTILITIES  GS15 LIBRARY

Records Retention Schedules  STATE OF FLORIDA GENERAL RETENTION SCHEDULES SPECIFY:  HOW PUBLIC RECORDS SHOULD BE CLASSIFIED OR NAMED  HOW LONG EACH CLASSIFICATION OF RECORDS MUST BE KEPT  HOW/WHEN PUBLIC RECORDS MAY BE DESTROYED

Records Inventory  A PORTION OF YOUR RECORDS ARE DUPLICATES, OR HAVE MET THEIR SCHEDULED RETENTION PERIOD, AND CAN BE LEGALLY DESTROYED.  A PORTION OF YOUR RECORDS ARE INACTIVE AND SHOULD BE TRANSFERRED TO STORAGE.  A PORTION OF YOUR RECORDS ARE ACTIVE AND STILL NEEDED IN THE OFFICE ENVIRONMENT.

Preparing your Records  INVENTORY YOUR RECORDS IN ORDER TO DETERMINE WHAT YOU HAVE, AND WHERE IT IS. BE SURE TO KEEP THE INVENTORY LIST CURRENT.  DETERMINE THE APPROPRIATE RETENTION CODE FOR EACH CLASSIFICATION OF RECORDS.  SELECT A FILING SYSTEM THAT WILL BEST SUIT YOUR NEEDS.  IT IS RECOMMENDED THAT YOU PURGE YOUR OFFICE OF “INACTIVE” FILES AT LEAST ANNUALLY.

Preparing Your Records  ALPHA  NUMERIC  SUBJECT  GEOGRAPHIC  CHRONOLOGICAL

Preparing Your Records  BOX RECORDS ACCORDING TO THE FILING SYSTEM YOU CHOOSE.  ON-CAMPUS RECORDS ASSISTANCE IS ALWAYS AVAILABLE  STATE RETENTION SCHEDULES AVAILABLE ON SHARE POINT (address below)

Preparing Your Records  WHEN SENDING “INACTIVE” FILES TO STORAGE, REMEMBER:  DO NOT MIX FILES WITH DIFFERENT RETENTION REQUIREMENTS IN THE SAME BOX (I.E. RECORDS WITH A 3 YEAR RETENTION REQUIREMENT SHOULD NOT BE PLACED INTO THE SAME BOX WITH RECORDS HAVING A 10 YEAR RETENTION REQUIREMENT).  USE THE REQUIRED BOX TYPE AND DO NOT PACK BOXES TOO TIGHTLY.  LEAVE ROOM FOR FUTURE ADDITIONS. AVOID PAPER CUTS, TORN CUTICLES, AND OTHER INJURIES THAT MIGHT RESULT FROM TRYING TO DIG THROUGH BOXES THAT HAVE BEEN OVER-STUFFED.

IMPORTANCE OF GOOD RECORDS MANAGEMENT COST SAVINGS/ COST REDUCTIONS.  COSTS ASSOCIATED WITH THE CREATION AND STORAGE OF UNNECESSARY RECORDS (I.E. PURCHASE OF FILING CABINETS).  COSTS ASSOCIATED WITH USING EXPENSIVE OFFICE SPACE FOR FILE STORAGE.  COSTS INCURRED BY SEARCHING FOR LOST OR MISSING FILES, CALCULATED AS FOLLOWS: HOURLY SALARY (INCLUDING BENEFITS) X HOURS WORKED FOR EACH EMPLOYEE INVOLVED IN THE SEARCH.

Importance Of Good Records Management  PROTECTS THE ORGANIZATION IN THE EVENT OF A LAWSUIT BY ENSURING THAT RECORDS ARE RETAINED FOR THE REQUIRED PERIOD OF TIME.  PROTECTS THE ORGANIZATION IN THE EVENT OF A LAWSUIT BY ENSURING THAT RECORDS WHICH ARE NO LONGER REQUIRED ARE ROUTINELY DESTROYED AS A PART OF ON-GOING BUSINESS OPERATIONS, AND IN ACCORDANCE WITH THE STATE RETENTION SCHEDULES.

Importance Of Good Records Management  NOTE: SAVED COPIES MUST BE PRODUCED IN THE EVENT OF A LAWSUIT, EVEN IF THE ORIGINAL RECORDS WERE PREVIOUSLY DESTROYED.  NOTE: HARD DRIVES CAN BE SEIZED DURING INVESTIGATIONS

Importance Of Good Records Management  PROTECTS THE ORGANIZATION BY ENSURING THAT VITAL RECORDS OR THOSE WITH PERMANENT RETENTION ARE BACKED UP ON AN ALTERNATIVE MEDIUM AND ARE PROPERLY STORED.  ENSURES THAT RECORDS CAN BE FOUND WHEN REQUESTED.

Electronic Records  TREAT YOUR ELECTRONIC FILING CABINET JUST LIKE YOUR PAPER ONE!!

Electronic Records ( ) HERE IS A SAMPLE OF MY ELECTRONIC ARCHIVE INBOX: HERE IS A SAMPLE OF MY ELECTRONIC ARCHIVE INBOX:INBOXREFERENCE INSURANCE CERTIFICATES SHREDDER REPORTS STUDENT INSURANCE

Quick Reference Guide Messages Are Records When..  They are made or received by your agency under Federal law or in connection with public business; and  They are preserved or are appropriate for preservation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government, or because of the information value of the data they contain. Principal Categories of s to be Preserved  Preserve any correspondence that:  Documents the formulation and execution of basic policies and decisions and the taking of necessary actions  Documents important meetings  Facilitates action by you or your successors  Makes possible a proper scrutiny by the Congress or by duly authorized agencies  Protects the financial, legal, and other rights of the Government and of persons directly affected by the Government’s actions Points to Remember about  Agency systems are for “official use” only by authorized personnel  Before deleting any message, determine whether it meets the legal definition of a record and, if so, preserve a copy of the message  Printed messages kept as a record should contain essential transmission, receipt data, and attachments; if not, print the data or annotate the printed copy  File printed messages and essential transmission and receipt data with related files  Delete messages that are not records when no longer needed  Delete messages that are records, after they have been placed in a recordkeeping system Courtesy-FL Gulf Coast ARMA

SPC Information Systems Usage  INFORMATION TECHNOLOGY USE THAT SUPPORTS AND ENABLES THE EFFECTIVE AND EFFICIENT COMPLETION OF JOB DESCRIPTION DUTIES AND ASSIGNED TASKS IS ACCEPTABLE. (BOT # 6.900)  OCCASIONAL AND INFREQUENT PERSONAL USE BY EMPLOYEES THAT DOES NOT INTERFERE WITH JOB DUTIES, SUPERSEDE WORK RESPONSIBILITIES, OR ADD ADDITIONAL COSTS TO THE COLLEGE IS ACCEPTABLE. (BOT # 6.900)  USE BY FACULTY (AND STUDENTS UNDER THE DIRECTION OF FACULTY) THAT CONTRIBUTES TO SCHOLARLY RESEARCH AND ACADEMIC WORK WITHIN THE BOUNDARIES OF THE APPROVED CURRICULUM  THE BOARD RESERVES THE RIGHT TO REVIEW AND INSPECT ALL DATA AND MATERIALS ON ANY COMPUTER, SERVER, NETWORK OR OTHER INFORMATION SYSTEMS FURNISHED BY THE COLLEGE TO ANY STUDENT OR EMPLOYEE. (BOT # 6.900).  ALL ELECTRONIC RECORDS CREATED, TRANSMITTED OR RECEIVED IN CONNECTION WITH THE TRANSACTION OF COLLEGE BUSINESS ARE CONSIDERED PUBLIC RECORDS. CORRESPONDENCE, AS WELL AS OTHER ELECTRONIC DOCUMENTS, MESSAGES OR RECORDS, MUST BE PRESERVED AND MAINTAINED TO THE EXTENT POSSIBLE AND IN ACCORDANCE WITH APPLICABLE STATE LAW, AND THESE BOARD OF TRUSTEES’ RULES AND PROCEDURES. FACULTY AND STAFF ARE REQUIRED TO UTILIZE THEIR COLLEGE ACCOUNT (INCLUDING, WHERE APPROPRIATE, THEIR ANGEL/LMS ACCOUNT) WHEN TRANSMITTING AND RECEIVING ELECTRONIC CORRESPONDENCE IN THE COURSE OF CONDUCTING WORK RELATED TO THE COLLEGE. IT SHOULD BE NOTED, HOWEVER, THAT THE USE OF PERSONAL ACCOUNTS OR OTHER NON-COLLEGE ACCOUNTS TO COMMUNICATE COLLEGE RELATED BUSINESS IS SUBJECT TO DISCLOSURE PURSUANT TO THE FLORIDA PUBLIC RECORD ACT. (CHAPTER 119, FLA. STATS and. BOT # 6.900)

Information Systems Usage  NOTE: DELETED MESSAGES CAN BE RECOVERED FROM BACKUP TAPES OR BY SPECIAL SOFTWARE PROGRAMS.  NOTE: DOCUMENTS REQUESTED AS PART OF A PUBLIC RECORDS REQUEST MUST BE PRODUCED.  NOTE: USE CAUTION WHEN WORDING MESSAGES. WHAT WAS INTENDED AS INNOCENT OR HARMLESS COULD BE TAKEN OUT OF CONTEXT AND MISCONSTRUED BY OTHERS.  SENSITIVE OR CONFIDENTIAL INFORMATION SHOULD NOT BE DISCUSSED VIA !

Personal Shredders PLEASE READ THE INFORMATION BELOW AND HAVE ALL USERS ACKNOWLEDGE THEIR UNDERSTANDING BY REPLYING TO THIS . PLEASE READ THE INFORMATION BELOW AND HAVE ALL USERS ACKNOWLEDGE THEIR UNDERSTANDING BY REPLYING TO THIS . DUE TO FLORIDA STATUTES REGARDING PUBLIC RECORDS LAWS, SHREDDERS ARE NORMALLY APPROVED ONLY FOR THOSE DEPARTMENTS THAT HAVE VERY LARGE AMOUNTS OF DOCUMENTS THAT HAVE BEEN OTHERWISE PRESERVED, I.E.: SCANNED OR MICROFILMED. DUE TO FLORIDA STATUTES REGARDING PUBLIC RECORDS LAWS, SHREDDERS ARE NORMALLY APPROVED ONLY FOR THOSE DEPARTMENTS THAT HAVE VERY LARGE AMOUNTS OF DOCUMENTS THAT HAVE BEEN OTHERWISE PRESERVED, I.E.: SCANNED OR MICROFILMED. FLORIDA STATUTES REQUIRE THAT WE RETAIN ALL RECORDS BASED ON ESTABLISHED RETENTION PERIODS. ADDITIONALLY, WE MUST REPORT TO THE STATE, ANNUALLY, ALL RECORDS DESTROYED. IN ORDER FOR THE COLLEGE TO COMPLY WITH THIS REQUIREMENT, IT IS NECESSARY TO TRACK THE RECORDS THAT ARE SHREDDED AS WELL. FLORIDA STATUTES REQUIRE THAT WE RETAIN ALL RECORDS BASED ON ESTABLISHED RETENTION PERIODS. ADDITIONALLY, WE MUST REPORT TO THE STATE, ANNUALLY, ALL RECORDS DESTROYED. IN ORDER FOR THE COLLEGE TO COMPLY WITH THIS REQUIREMENT, IT IS NECESSARY TO TRACK THE RECORDS THAT ARE SHREDDED AS WELL. CONSIDERATION FOR A SHREDDER MUST MEET THE FOLLOWING REQUIREMENTS. 1) YOUR DEPARTMENT HEAD AND YOUR PROVOST MUST APPROVE. 2) YOU MUST BE WILLING TO ASSUME RESPONSIBILITY FOR WHAT IS SHREDDED. 3) YOU MUST ASSURE THAT ONLY DUPLICATES ARE SHREDDED. 4) ORIGINALS MUST FOLLOW THE RECORDS MANAGEMENT PROCESS FOR STORAGE OF RECORDS. CONSIDERATION FOR A SHREDDER MUST MEET THE FOLLOWING REQUIREMENTS. 1) YOUR DEPARTMENT HEAD AND YOUR PROVOST MUST APPROVE. 2) YOU MUST BE WILLING TO ASSUME RESPONSIBILITY FOR WHAT IS SHREDDED. 3) YOU MUST ASSURE THAT ONLY DUPLICATES ARE SHREDDED. 4) ORIGINALS MUST FOLLOW THE RECORDS MANAGEMENT PROCESS FOR STORAGE OF RECORDS. 5) YOU MUST RECORD (BY WEIGHT, VOLUME, OR PIECES) THE AMOUNT OF PAPER SHREDDED, BY RECORD TYPE. I CAN PROVIDE ASSISTANCE ON THIS IF NEEDED. 5) YOU MUST RECORD (BY WEIGHT, VOLUME, OR PIECES) THE AMOUNT OF PAPER SHREDDED, BY RECORD TYPE. I CAN PROVIDE ASSISTANCE ON THIS IF NEEDED. ALSO, YOU WILL BE ASKED TO PROVIDE ANNUALLY A TOTAL AMOUNT OF SHREDDING THAT HAS BEEN DONE FOR INCLUSION IN THE REPORT TO THE STATE. 6) YOU MUST LIMIT ACCESS TO ONLY THOSE THAT ARE AWARE OF THESE PROCEDURES. ALSO, YOU WILL BE ASKED TO PROVIDE ANNUALLY A TOTAL AMOUNT OF SHREDDING THAT HAS BEEN DONE FOR INCLUSION IN THE REPORT TO THE STATE. 6) YOU MUST LIMIT ACCESS TO ONLY THOSE THAT ARE AWARE OF THESE PROCEDURES.

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