RESOLUTION # 16-09


RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER DISTRICT CREATING A PUBLIC RECORDS POLICY


WHEREAS, the Board of Commissioners of the IMMOKALEE WATER AND SEWER DISTRICT (hereinafter referred to as the "Board") is empowered to construct, operate and maintain a Water and Sewer System (the "System") as described in Florida Statute Chapter 78-494, Laws of Florida, which was amended by chapters 93-366, 94- 489, and 95-492, Laws of Florida, was codified, reenacted, amended, and repealed as Chapter No. 98-495, was amended in Chapter 2005-298; and was amended in Chapter 2015-205; and


WHEREAS, the Board is authorized and empowered to make rules and regulations for its own government and proceedings; and


NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE IMMOKALEE WATER AND SEWER

DISTRICT, in public meeting assembled that the following be recognized as Resolution 16-09:

PUBLIC RECORDS POLICY

Public records are defined as "all documents, papers, letters, maps, books, tapes, photographs, 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 the District." 1

Florida's Constitution2 and public records laws3 provide a right to inspect or copy such records unless specifically exempted by the Constitution or by Florida statute.


Public Records Request Procedure

Public records may be requested by submitting an online request form, by emailing oonreyna@iw- sd.com or by calling the District Office ( 239) 658- 3630 and speaking to Oona Reyna- Rodriguez or Eva Deyo. Requestors are not required to provide their identity or purpose for seeking the records.


We will acknowledge a new request as soon as practicable and may provide one or more of the following initial responses:


Cost Estimate and Payment

Upon receiving requests for public records, the Immokalee Water and Sewer District will provide an itemized estimate to the person initiating the request. The estimate will include the hours required, the estimated service charge for extensive labor, and actual duplicating or other

material costs. If upon receipt of an initial estimate of charges, a request is changed or otherwise limited in scope (limiting individuals or District Departments for example), the person initiating the request will be provided with a new estimate of charges.


Review and redaction will not begin until payment of the estimated charges is received. If the actual time required to process the request exceeds the initial estimate, the actual cost must be paid before the records are released.


Reducing Costs and Limiting Charges

Labor costs can be reduced significantly if requests include keywords instead of open-ended terms such as “all documents or emails.” Similarly, narrowing a request to certain individuals or a particular date range can greatly reduce the use of extensive labor.


Many easily accessible records are already available online for no charge (www.iw-sd.com). The Immokalee Water & Sewer District will continue to add documents and information as we identify some of the most frequently requested public records and will help direct requestors to free online sources whenever possible.


Non-Responsive Requestors

If a requesting party fails to respond to inquiries for clarification, cost estimates, or any other communication from the Immokalee Water & Sewer District for 30 business days, the request will be closed. A non-responsive request may be resubmitted and will be processed as a new request.


This resolution shall become effective on July 20, 2016.


PASSED AND DULY ADOPTED by the Board of Commissioners of the IMMOKALEE WATER AND SEWER DISTRICT, this 20th day of July 2016.


BOARD OF COMMISSIONERS IMMOKALEE WATER AND SEWER DISTRICT


BY: BY:

Joseph Brister Bonnie Keen

Chairperson Secretary



Resolution 16-09 Page # 4