Attached is the document from Vice Mayor Burnette

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privacy-policyTed,
I have received your request. Attached is the document from Vice Mayor Burnette at last night’s meeting.
Below is an excerpt from the Government in the Sunshine Manual relating to “notes”.
Beginning on pg 53: “While the broad definition of the term “public record” ensures that the public’s right of access includes preliminary and nonfinal records, the Shevin decision recognizes that not every record made or received in the course of official business is prepared to “perpetuate, communicate or formalize knowledge.” Accordingly, preliminary drafts or notes prepared for the personal use of the writer may constitute mere “precursors” of public records if they are not intended to be the final evidence of the knowledge recorded. See Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla.1980). And see the discussion of “attorney notes” on pages 113-114.
 
Thus, public employees’ notes to themselves “which are designed for their own personal use in remembering certain things do not fall within the definition of ‘public record.’” (e.s.) Justice Coalition v. The First District Court of Appeal Judicial Nominating Commission, 823 So. 2d 185,192 (Fla. 1st DCA 2002). Accord Coleman v. Austin, 521 So. 2d 247 (Fla. 1st DCA 1988),holding that preliminary handwritten notes prepared by agency attorneys and intended only for the attorneys’ own personal use are not public records. See also AGO 10-55 (handwritten personal notes taken by city manager to assist in remembering matters discussed during manager’s interviews of city employees are not public records “if the notes have not been transcribed or shown to others and were not intended to perpetuate, communicate, or formalize knowledge”); government-in-the-sunshine-manual and Inf. Op. to Trovato, June 2, 2009 (to the extent city commissioner has taken notes for his own personal use and such notes are not intended to perpetuate, communicate, or formalize knowledge, personal notes taken at a workshop or during a commission meeting would not be considered public records)”
Thank you,
Robin
ROBIN L. FENWICK, CMC
CITY CLERK


[gview file=”burnette.pdf”]
 

8 thoughts on “Attached is the document from Vice Mayor Burnette

  • August 6, 2014 at 3:33 pm
    Permalink

    From: Ted Noftall [mailto:Ted@TedNoftall.com]
    Sent: Wednesday, August 06, 2014 2:53 PM
    To: Robin Fenwick (rfenwick@port-orange.org); Margaret Roberts (mroberts@port-orange.org)
    Cc: Shannon Lewis (slewis@port-orange.org)
    Subject: Where is the level playing field ???
    Hey Robin and Margaret,
    This is all too funny and I can’t help but think …. WHERE IS THE LEVEL PLAYING FIELD ??
    I get a public records request from your office for Kisela for my binders and “extensive notes” and I am encouraged to comply, absent any loophole advice – which I did fully and promptly,
    YET WHEN I make the same request of Burnette your office sends me back, and in so doing signals him regarding, loophole language from the Sunshine Manuel and 2 DCA rulings.
    Question Did Kisela receive the same answer regarding his request for my “extensive notes” , AND If so why wasn’t I signaled on that transmission as was Burnette with mine ??
    Regarding my notes let Kisela or anyone else have them. I have not destroyed anything, and do not have anything to hide.
    Ted Noftall

    Reply
  • August 6, 2014 at 4:01 pm
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    I agree with Ted for a change. There something wrong with this picture. What is councilman Burnette hiding.
    Whether the councilman is legally required to show his public records or not if he has nothing to hide he should produce all his records that contain anything related to the city of Port Orange.

    Reply
    • August 7, 2014 at 10:07 pm
      Permalink

      Riverwalk
      $400,000 Condos
      Loan Origination Fees.
      CaChing $ CaChing $ CaChing $

      Reply
      • August 7, 2014 at 10:10 pm
        Permalink

        Riverwalk
        $!00,000,000 Construction Project
        Subcontractor Contracts
        CaChing $ CaChing $ CaChing $

        Reply
        • August 8, 2014 at 1:18 am
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          Reward for $10,000,000 TIFF Subsidization
          Special Interest Favors
          Future Business Partnership
          CaChing $ CaChing $ CaChing $

          Reply
  • August 7, 2014 at 11:36 pm
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    Ted certainly brought his stuff forward quickly….NOW for those that were in question of him including myself!!! Time for Burnette and Sonya to be as forthright.

    Reply

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