RE: Turning Sunshine on its head in Port Orange.

publicRecordsThank you for the attempt at clarity Robin,
By my understanding the only Port Orange “public records “  I possess would be those records  that are “public” by virtue of the fact that they were either e-mails sent to me from the City,  OR  e-mails that I sent to the City.   In either instance those e-mails already exist on the City servers.   I have said this from the get go.
Clearly  someone is looking for more than a return of what is already on the City servers, AND  at that point I am being encouraged to supply anything that could be ‘construed as a public record ‘
Perhaps you or the City Attorney could render assistance by providing some examples of what might be ‘construed as a public record ‘
For example should  my many grousing e-mails of the Mayor and Manager, and the e-mail received encouraging my grousing comments,  be construed as  public records.   Some say yes IF they were written  not in my capacity as a private citizen,  but rather in my capacity as Chairman of the ABAB.
If you are sympathetic to that argument perhaps you could provide guidance as to, how that distinction is to be made,   And the attributes of those e-mails  written by a volunteer advisory board member that elevates them to the status of   “transacting official business “
Ted Noftall.

—–Original Message—–
From: Fenwick, Robin []
Sent: Friday, August 15, 2014 12:09 PM
To: Ted Noftall;
Cc: Lewis, Shannon; Bob Ford; Kennedy, Dennis;; Drew Bastian; Green, Allen; BiG John;; Blaine Tolison; Hank Springer; Henry Frederick; Henry Frederick; Jason Wheeler; John Springer; Lacey Mclaughlin; Lori Brown;; Patrick Nelan; Roberts, Margaret; Jones, Matthew; Mike Gardner (
Subject: RE: Turning Sunshine on its head in Port Orange
Please remember that you are not required or being asked to provide anything other than your PUBLIC records, which are defined below:
“Section 119.011(12), F.S., defines “public records” to include:
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.”
Also remember, it does not matter what device you send a public record from (personal vs. public). If it is a public record, it must be produced even if sent from your personal computer or smart phone, etc.
Please let me know if you have any other questions or concerns.
Thank you,
1000 City Center Circle
Port Orange, FL 32129


2 thoughts on “RE: Turning Sunshine on its head in Port Orange.

  • August 15, 2014 at 7:20 pm

    Did I understand Ted correctly on another blog page that Council has exempted themselves from the very policy they are expecting volunteer board members to comply with ?.
    If that is true then Don Burnette is a bigger hypocrite then I figured him for, accusing Ted as he did at the last Council meeting.

  • August 15, 2014 at 7:57 pm

    If this is indeed factual shame on them. I think they only voted to table Teds removal at the last meeting. If they indeed draw up the charges that the City Attorney advised were needed for the process to begin we will have a chance to see whom the hypocrites are. Ted must be voted off by Council after drawing the formal charges. Who will Author that? One, all or a 3-2. Have the charges been formally submitted to you Ted? All that meeting was came equated to a bashing of Ted Noftall. Perhaps even slander. The idiot reading the letter didn’t even take time to read up on the process before attempting a motion. Incompetence or what?


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