Police Department Policy

ii-15SecurityOfRecordsAndFiles

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (10/03/2016) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: SECURITY OF RECORDS AND FILES Index as: Access to Records and Reports Files, Security of Records, Security of Custodian of Records Juvenile Records Security of Records and Files E-mail Records, Custodian of Accreditation Standards: 1.2.5, 82.1.1, 82.1.2, 82.3.6 and CFA 15.01, 15.03, 26.03, 26.07 Cross Reference: G.O. II-3, Release of Information to the Public and the Media G.O. II-17, Computers and Software City of St. Petersburg Administrative Policies, Section #030000 Florida Statutes Chapter 119 Replaces: G.O. II-15, Security of Records and Files (December 18, 2008) This Order establishes policy and procedures for the security of records and files at the St. Petersburg Police Department. It consists of the following sections: I. Policy II. Definitions III. Requests to Receive or Inspect Records IV. Confidential Records V. Electronic Messages VI. Physical Access to the Records Division VII. Retention and Destruction of Records I. POLICY It is the policy of the St. Petersburg Police Department that all documents and materials, defined by Florida Statute as Public Records, be available to the public to the extent provided by law. Those records that are exempt from public access will be made available to other law enforcement agencies upon request and the presentation of proper identification. II. DEFINITIONS A. Custodian of Records – The Manager, Records Division, is the Custodian of Records for the Police Department. B. Public Records – All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any state, county or municipal agency in Florida. [§119.011(1), F.S.S.] C. Electronic Messages (E-mail) – (Other than “transitory messages”) are considered to fit into the definition of Public Records . It is the responsibility of the originator to preserve e-mail documents. D. Transitory Messages – Records that are created primarily for communication of information as opposed to formalization of knowledge. They have short-lived administrative value; for example, messages about supplies, meeting DATE OF ISSUE EFFECTIVE DATE NUMBER October 2016 Immediately II-15 Distribution: All Employees General Order II -15 Revisions or additions are highlighted 2 (10/03 /2016 ) dates, etc. III. REQUESTS TO RECEIVE OR INSPECT RECORDS A. In accordance with §119.07(1)(a) , F.S.S.: “Every person who has custody of public records, shall permit the records to be inspected and examined by any person desiring to do so, at reasonable times, under reasonable conditions, and under supervision by the custodian of the records or his designee.” B. Florida Statutes provide that any public officer who knowin gly violates the provision of § 119.07(1) , F.S.S. is subject to suspension and removal or impeachment; and, in addition, is guilty of a misdemeanor of the first degree. C. Public Records Requests Processing 1. Members of the public or the press, requesting to review or purchase a record or document, may make “over the counter” requests at the Records Division , public counter. a. Requests requiring extensive research or large quantities of material shall be placed o n a Request for Information form prepared by the employee. b. The Request f or Information form will be forwarded to the Manager, Records Division for processing. 2. Costs for copies of public records will be established by City policy, not to exceed rates established by §119.07 , F.S.S . These costs will be reviewed on a periodic basis. 3. The custodian shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. a. Costs for copies of public records will be established by City policy, not to exce ed rates established by §119.07, F.S.S. b. These costs will be reviewed on a periodic basis. D. Employees SHALL NOT release copies of any record or report to the public without prior approval from one of the following: 1. The Records Division , or 2. The Legal Advisor, or 3. An Assistant Chief of Police, or 4. The Chief of Police. E. The Public Information Officer (PIO) shall release information as provided for in J:\Research \GeneralOrders \II Administrative General Orders \II-03 Release Of Informati on To The Public and News Media.pdf . F. Requests for Emergency Communications Center audio tapes shall be referred to the Manager , Reco rds Division, or designee. G. Requests for Office of Professional Standards reports shall be referred to the Office of Professional Standards . H. Requests for employee personnel records shall be referred to the Manager , Fiscal Services Division. I. Custodial Arrest Records General Order II -15 Revisions or additions are highlighted 3 (10/03 /2016 ) 1. Juvenile Identification Records a. Juvenile records, created when a juvenile is taken into custody, are not maintained by this Department. 1) Records created when a juvenile is taken

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