Police Department Policy

go-17.pdf

Tallahassee Police Department

Policy Text
\n\n--- Page 1 ---\n\nTALLAHASSEE POLICE DEPARTMENT GENERAL ORDERS SUBJECT Records Management CHIEF OF POLICE Proudly Policing Since Nationally Accredited 1841 1986 NUMBER ORIGINAL ISSUE CURRENT REVISION TOTAL PAGES 17 03/01/1988 04/30/2021 17 AUTHORITY/RELATED REFERENCES FS Chapter 119, Public Records General Records Schedule GS1-SL For State and Local Government Agencies General Records Schedule GS2 For Law Enforcement Florida Administrative Code 1B-24.003, Public Records Scheduling/Disposition COT Administrative Policy 206, Public Records Release Procedures RCD-1, Records Section RCD-2, Document and File Description/Retention Periods ACCREDITATION REFERENCES CALEA Chapter 82 CFA Chapter 26 KEY WORD INDEX Destruction of Records – Approval Authority Procedure X Destruction of Records – General Guidelines Procedure IX General Schedule of Fees Appendix One Fees and Deposits Required Procedure VI Inspecting and Photographing Public Records Procedure V Maintenance of Records Procedure I Public Records – Information and Explanation Procedure II Public Records Law Training Procedure VIII Public Records Requests – General Information Procedure III Public Records Requests – Member Responsibilities Procedure IV Retention Timeframe of Requested Documents Procedure VII POLICY Department members shall comply with all requirements for the maintenance,\n\n--- Page 2 ---\n\nTALLAHASSEE POLICE DEPARTMENT release, and destruction of public records in accordance with applicable Florida Statutes, Florida Administrative Codes, State of Florida General Records Schedules, and any other applicable administrative requirements. DEFINITIONS Extensive Request: When the nature or volume of a public records request to inspect, examine, or copy a record requires extensive use of information technology resources and/or extensive clerical or supervisory assistance, and fulfilling the request exceeds 15 minutes. See Appendix One for examples of an extensive request. Public Record: Per FS 119, any document, paper, letter, map, book, tape, photograph, film, sound recording, 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 public agency/entity in the State of Florida. See section II for additional information, including documents which are not considered public record. Public Records Liaison: A member assigned to represent their work unit in coordinating with the Records Custodian for the release of Department public records. Records Custodian: The member assigned to the Records Section to provide managerial oversight of the release of Department public records. PROCEDURES I. MAINTENANCE OF RECORDS A. The Records Section is the central repository for the following Department records: 1. Incident and offense reports, 2. Arrest affidavits, 3. Property receipts, 4. Traffic crash reports, and 5. Unissued uniform traffic citations and their issuance records. GENERAL ORDER 17 PAGE 2 of 17 RECORDS MANAGEMENT APRIL 30, 2021\n\n--- Page 3 ---\n\nTALLAHASSEE POLICE DEPARTMENT B. Unless subject to a specific exemption, records maintained in the Records Section which are public record include, but are not necessarily limited to: 1. Traffic crash reports, 2. Arrest/complaint affidavits, 3. Names on the RMS master name index, 4. Incident/Offense reports (to include field interview reports and trespass warning reports), 5. Property receipts, and 6. Computer Aided Dispatch printouts (i.e., computer printouts of daily activity/calls for service). C. Other Department work units are authorized to maintain records attendant to their function within the agency (e.g., Internal Affairs, Employee Resources, Criminal Intelligence, Training). D. While Department investigative units are permitted to maintain separate case files in accordance with their bureau’s standard operating procedures, all original reports listed in A 1 – 4 above shall be maintained in the Records Section. II. PUBLIC RECORDS – INFORMATION AND EXPLANATION A. Public records include e-mails, texts, and similar messages. 1. If the message was prepared or received in connection with official Department business, it is considered public record. 2. The fact an e-mail, text, or similar message is sent from a private e- mail account and/or telephone or it was sent utilizing a personal computer and/or telephone is not relevant in determining whether or not the message is a public record. 3. If a member utilizes personally-owned equipment to capture or create photographs/digital images, videos, or sound recordings as explained in General Order 78 (Social Media Protocols), and the information collected is later subject to a public records request, the GENERAL ORDER 17 PAGE 3 of 17 RECORDS MANAGEMENT APRIL 30, 2021\n\n--- Page 4 ---\n\nTALLAHASSEE POLICE DEPARTMENT only information subject to inspection or release is the information directly related to official Department business. 4. If a member utilizes a personally-owned device to prepare or receive information which is work-related and the information is later subject to a public records request, the only information subject to inspection or release is the information directly related to official Department business. B. The following items are not considered public record: 1. Preliminary drafts or notes prepared for the personal use of the member may constitute mere “precursors” of public records if they are not intended to be the final evidence of the knowledge recorded (i.e., final document to be submitted or sent). 2. Members’ notes to themselves which are designed for their own personal use in remembering certain things do not fall within the definition of public records; however, if the notes are given to another member as a way of communicating knowledge about the issue, the notes are deemed a public record. 3. Records which are not made or received in connection with the transaction of Department official business do not constitute public records. C. FS Chapter 119 requires agencies to provide public records which are in their possession. With that guidance, Department members shall: 1. Not create a document to fulfill a public records request, and 2. If the Department does not possess the document or information requested: a. Inform the requester the Department does not possess the document or information requested, and b. If the member knows an agency/entity where the requester might obtain the record/information, provide the person with that information. D. The following information is applicable to public records in possession of the Department which were received from other agencies: GENERAL ORDER 17 PAGE 4 of 17 RECORDS MANAGEMENT APRIL 30, 2021\n\n--- Page 5 ---\n\nTALLAHASSEE POLICE DEPARTMENT 1. FS Chapter 119 is applicable to such records. 2. Confidentiality and exemption protocols applicable to records created by the Department and its members are equally applicable to records received from other agencies. 3. In the event a member receives a public records request which includes federal records, the member is responsible for consulting with the Legal Advisor before releasing any such record. III. PUBLIC RECORDS REQUESTS – GENERAL INFORMATION A. All members shall adhere to FS Chapter 119 (i.e., Florida’s Public Record Law) and this general order in the receiving, documenting, and fulfilling of public records requests. B. With the sole exception of certain documents/information released to the media from the Public Information Office, the Records Section is the only dissemination point for any Department record subject to public release. C. The Records Custodian is the Department’s point of contact for public records release processes. D. Unless a statutory exemption exists (e.g., criminal intelligence), public records are subject to display, reproduction, and distribution to the general public upon

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