WHERE IS THE LEVEL PLAYING FIELD ??

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Hey Robin and Margaret,
This is all too  funny and I can’t help but think  …. WHERE IS THE LEVEL PLAYING FIELD ??   levelField
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


—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Wednesday, August 06, 2014 1:49 PM
To: Ted Noftall
Cc: Lewis, Shannon; Roberts, Margaret
Subject: RE: FOI Request regarding Burnette
Ted,
As we discussed on the phone today, the handwritten “notes” that you have indicated are in your binders would fall under the same provision listed below. If they have not been “transcribed or shown to others and were not intended to perpetuate, communicate, or formalize knowledge” (see below), they would not be a public record.
It is my understanding from our phone conversation that you wish to leave those handwritten notes in the binder for inspection by the requestor, Greg Kisela.
Please let me know prior to Friday morning if my understanding it not correct as Mr. Kisela will be here on Friday to inspect.
Thank you,
Robin
ROBIN L. FENWICK, CMC
CITY CLERK
CITY OF PORT ORANGE


—–Original Message—–
From: Fenwick, Robin [mailto:rfenwick@port-orange.org]
Sent: Wednesday, August 06, 2014 11:06 AM
To: Ted Noftall
Cc: Lewis, Shannon; Roberts, Margaret; Burnette, Don
Subject: RE: FOI Request regarding Burnette
Ted,
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
CITY OF PORT ORANGE
 


From: Ted Noftall [mailto:Ted@TedNoftall.com]
Sent: Wednesday, August 06, 2014 9:06 AM
To: Robin Fenwick (rfenwick@port-orange.org)
Cc: Shannon Lewis (slewis@port-orange.org); Margaret Roberts (mroberts@port-orange.org)
Subject: FOI Request regarding Burnette
Good morning Robin,
As Council in its wisdom has chosen to start the process to remove me from 2 City Boards via a public hearing it is important that we understand my chief accuser’s personal compliance with public records laws himself.
Accordingly as regards Councilman  Burnette would you please supply a copy of
*- the prepared ‘written’ statement he read aloud at last evening’s  Council meeting  calling for my removal.
*-  the notes he was seen taking at the dais last evening,  AND the notes he has taken at every meeting since his election  2010
*-  all City business related correspondence,  and e-mails he has sent or received at other than his City e-mail account since his election.
*- all City business related phone records since his election.
If Councilman Burnette has not been providing the City Clerk with these  public records on an ongoing basis,  OR   if he  is un-able to produce any of these public records please have him provide a sworn statement advising as to why he has failed to follow both Statute and Ordinance in  preserving said  records ,   and why he failed  to  provide said records to the  City Clerk as the  custodian of public records for the City of Port Orange.
Ted Noftall

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