Thank 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 “
From: Fenwick, Robin [mailto:firstname.lastname@example.org]
Sent: Friday, August 15, 2014 12:09 PM
To: Ted Noftall; email@example.com
Cc: Lewis, Shannon; Bob Ford; Kennedy, Dennis; firstname.lastname@example.org; Drew Bastian; Green, Allen; BiG John; email@example.com; Blaine Tolison; Hank Springer; Henry Frederick; Henry Frederick; Jason Wheeler; John Springer; Lacey Mclaughlin; Lori Brown; firstname.lastname@example.org; Patrick Nelan; Roberts, Margaret; Jones, Matthew; Mike Gardner (email@example.com)
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.
ROBIN L. FENWICK, CMC
CITY OF PORT ORANGE
1000 City Center Circle
Port Orange, FL 32129