HomeMy WebLinkAboutRE Florida Sunshine Law and Open Government In Cape Canaveral (5)Mr. Osborn,
This e-mail is a response to your 10/20/14 4:26 p.m. and 10/21/14 11:35
a.m. e-mails below. I offer the following:
Statement/Question (S/Q) 1: I am happy to comply with your request, but
ask when will my requests be complied with? This past weekend I visited
the public records folders. Whereas I saw that the folders have been
set up they are not really populate with very much, Actually it is
pretty much the same email, usually from me, that is copied in all
folders.
Answer/Response (A/R) 1: The City has complied with your request for any
e-mail about the Cumberland Farms Project and any e-mails between David
Dickey, the property owner and the future property owner of the property
where the Cumberland Farms is proposed. The e-mails may be duplicated
in each folder if the e-mail was addressed to the same individuals. We
cannot place items in a folder or provide you access to items that do
not exist.
S/Q 2: I respectively request that you populate it with the most
current communication between the building department staff and the
landowners and developers.
A/R 2: The folders have been populated with the most current
communications.
S/Q 3: Have they (the developers) complied with the request to have
meetings with the community?
A/R 3: The developer will be required to demonstrate they have
conducted a meeting or meetings with the community.
S/Q 4: Did they respond to David Dickey with my request to talk them,
giving us permission to allow us time to do an archaeological survey
before they get to the earth removal stage?
A/R 4: The land owner has verbally indicated he will comply with all
City/State requirements. If/when this project is properly submitted,
the City will, among other items, request the Division of Historical
Resources to determine whether they will require additional survey of
the property. It is up to you to arrange meeting(s) with the property
owner and or the developer related to any archaeological survey.
S/Q 5: Plus can you use a more common format like PDF or the doc files
and more descriptive topic headings? I’ve heard that some concerned
citizens cannot even open these files.
A/R 5: The City has complied with the requirements of Florida Law to
provide access to public records. The law does not require the City to
create/reformat a record to PDF/doc files or to rename them to a more
descriptive topic heading(s). To reformat/rename all the records would
be a large task and take our already limited staff away from the other
duties. The Cape Canaveral Library has computers that will open all the
files the City has in the Records Management System/Public Records
Portal.
S/Q 6: I just want to pick up where I left off with my last
communication last night. I am getting ready to send you email per your
request so I think it important that we both have the same expectations,
so there are no misunderstandings.
A/R 6: The City’s expectations are to retain all records written or
received by you as a part of your volunteer position as City Historian,
whether you have indicated you are sending them as the City Historian or
not.
S/Q 7: I think it important that I am only sending you copies of email
pertaining to when I represent myself as a the city historian. Other
email may be when I am a concerned citizen, resident and registered
voter in Cape Canaveral and will not be sent. Also it should be noted
that unlike you, I am not a paid staff member but rather I have a
volunteer appointment with the City.
A/R 7: By definition a public record is not confined to the physical
form, characteristic or means of transmission rather whether the
information is received/transmitted in connection with the transaction
of official business of any agency. As with many individuals
(volunteers/staff members/elected officials), the lines are often
blurred between when an individual is speaking as a concerned citizen,
resident and registered voter or when they are speaking as a
volunteer/staff member/elected official. Since many individuals know
you as the City Historian, any discussion you have about anything
pertaining to the City’s history is construed as part of official
business. Therefore, I believe it would be prudent of you to be very
clear in your communications. We believe you cannot turn on/off a
switch as to when you are or are not the City Historian.
S/Q 8: Now I want to follow proper protocol here and understand which
email addresses should I send this email to? Am I to send it to
everyone on this email list? Not that I don’t mind as I believe in
transparency for all parties but I want to be respectful of not adding
too much unnecessary email to people’s in-boxes.
A/R 8: Proper protocol is to forward information received, regardless
of form, to the City. To make this as easy as possible, if the
information is received in e-mail form, you can forward the e-mail to
me. If the information is received via text message or other form of
communication, you must also forward the same. You do not have to copy
anyone else, nor should you incorporate other subject matter or explain
the purpose for the e-mail. Just simply indicate the record is being
sent to be retained as required by law. Should you have a need for
support services, such as answers to questions or direction on how to
proceed, you can explain further.
S/Q 9: Also can you address my most immediate requests before the city
council meeting tonight? I reworded it a little from last night as I
realized afterwards my wording was awkward. Have they (the developers)
complied with the request to have meetings with the community? Did they
respond to David Dickey with my request to talk to them about giving us
permission and time to do an archaeological survey before they get to
the earth removal stage?
A/R 9: See above.
Please let me know if you need anything additional or would like to
schedule a meeting .
Sincerely,
Angie
Angela M. Apperson, MMC
Administrative Services Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Office Phone: 321-868-1220 x 220
Office Fax: 321-868-1248
Description: Picture1
From: Ray Osborne [mailto:rko153@gmail.com]
Sent: Tuesday, October 21, 2014 11:35 AM
To: Angela Apperson
Cc: Rocky Randels; Buzz Petsos; Betty Walsh; John Bond; Bob Hoog; David
Greene; Todd Morley; Mia Goforth
Subject: Re: Florida Sunshine Law and Open Government In Cape Canaveral
Good morning Angela and respected city officials.
I just want to pick up where I left off with my last communication last
night. I am getting ready
to send you email per your request so I think it important that we both
have the same expectations, so there are no misunderstandings.
I think it important that I am only sending you copies of email
pertaining to when I represent myself as a the city historian. Other
email may be when I am a concerned citizen, resident and registered
voter in Cape Canaveral and will not be sent.. Also it should be noted
that unlike you, I am a not a paid staff member but rather I have a
volunteer appointment with the city.
Now I want to follow proper protocol here and understand which email
addresses should I send this email to? Am I to send it to everyone on
this email list? Not that I don't mind as I believe in transparency for
all parties but I want to be respectful of not adding too much
unnecessary email to people's in-boxes.
Also can you address my most immediate requests before the city council
meeting tonight?
I reworded it a little from last night as I realized afterwards my
wording was awkward.
Have they (the developers) complied with the request to have meetings
with the community? Did they respond to David Dickey with my request to
talk to them about giving us permission and time to do an
archaeological survey before they get to the earth removal stage?
See you this evening.
Respectively,
Ray Osborne
"Live from Cape Canaveral"
On Mon, Oct 20, 2014 at 4:26 PM, Ray Osborne <rko153@gmail.com> wrote:
Thanks for the email, Angela.
I'm happy to comply with your request, but ask when will my requests be
complied with?. This past weekend I visited
the public records folders. Whereas I saw that the folders have been set
up they are not really populated with very much, Actually it is pretty
much the same email, usually from me, that is copied in all the folders.
I respectively request that you populate it with the most current
communication between the building department
staff and the landowners and developers. Have they (the developers)
complied with the request to have meetings with the community? Did they
respond to David Dickey with my request to talk them, giving us
permission to allow us time to do an archaeological survey before they
get to the earth removal stage? There are still many important questions
that have not been answered.
More email from me will be forthcoming but please see about my requests.
Plus can you use a more common format like PDF for the doc files and
more descriptive topic headings? I've heard that some concerned citizens
cannot even open these files.
Sincerely,
-RKO
On Fri, Oct 17, 2014 at 11:10 AM, Angela Apperson
<A.Apperson@cityofcapecanaveral.org> wrote:
Mr. Osborne,
In an effort to ensure we have not missed any e-mails, we conducted
several searches of our e-mail archives looking for e-mail between Mr.
Dickey, Mr. Baugher, the developer (Zach Middlebrooks) and the
engineering firm, represented by Jeffrey Lucas. New folders which
contain the e-mails retrieved were created in the Public Records Request
section of the Records Portal.
Please let us know if you need anything additional.
Angela M. Apperson, MMC
Administrative Services Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/>
Office Phone: 321-868-1220 x 220 <tel:321-868-1220%20x%20220>
Office Fax: 321-868-1248
Description: Picture1
From: Ray Osborne [mailto:rko153@gmail.com <mailto:rko153@gmail.com> ]
Sent: Thursday, October 16, 2014 9:11 AM
To: David Dickey; Mia Goforth
Cc: Rocky Randels; Buzz Petsos; Betty Walsh; John Bond; Bob Hoog;
Anthony Garganese; Kim Kopp; David Greene; Angela Apperson; Todd Morley;
Lucas, Jeffrey A; gtoenjes@cfl.rr.com <mailto:gtoenjes@cfl.rr.com> ; Bob
Baugher; Ray Osborne; aebrech@aol.com <mailto:aebrech@aol.com> ;
Ari@cumberlandfarms.com <mailto:Ari@cumberlandfarms.com> ; Christopher
T. Byrd, Esq.; Braga, Eric; Suzanne Elliott; basecampoutlet@aol.com
<mailto:basecampoutlet@aol.com> ; chuck; RK Osborne
Subject: Florida Sunshine Law and Open Government In Cape Canaveral
Dear David Dickey et al,
First off I want to thank the other staff members that complied with the
Public Record Request under the Florida Sunshine Laws to have
communication regarding the Cumberland Farms project moved to the public
records folder. -Thank you Todd and City Clerk.
However my search did not find any from you Mr. Dickey. Can I trust that
those will be forthcoming? Perhaps the city clerk can set you up with a
folder so that everyone can see your communication on behalf of our city
and community.
But let's move ahead and get something accomplished. The recent email
exchange yesterday brought us back full circle. Remember I communicated
this situation in my talk to city council at the last city meeting and
even communicated to you in email and in person weeks ago? Yesterday's
email exchange using open email address ( that you started again, see
footnote) resulted in nothing being accomplished since we first talked
and may have even damaged the goodwill that many of us have been working
on.
For the time being while we are waiting for you to get your records into
the public records section, let's cover two important emails from the
public records folder.
1) The first being Mr. Baugher's email dated, Thu 9/18/2014 1:19 email
titled, "FW Archaeological Survey Re Jim Swann " which was a older email
from me to him.
2) The second is mine, not just a rebuttal but more as a remedy,
Ray Osborne's email Fri, Oct 3, 2014 at 8:41 AM Public Records (request)
include Landowner and City communications" Which addressed Mr. Baugher
concerns and how we could fix it.
Can I presume since Mr. Baugher's earlier 'Information Request' that he
received those? Perhaps since my email was addressed to you as per our
'one on one meeting' that you could point out to him this compromise
might have merit for all concerned. And if that failed, as we had
discussed (Plan B) you would present it to the Cumberland Farms
representatives for a 'meeting of the minds' with them.
Finally, I am trying to work in an atmosphere of Open Government and
Hometown Democracy while keeping you not only in the loop but as a
mediator as you have said many times - that you represent our community
too.
Please let me know by return email if you will discuss my email with
these parties. I still favor a Town Hall forum idea where we really can
let the sunshine in and show how open government works in the City of
Cape Canaveral.
Foot note: I have doubts that this use of open email addressing between
parties is within the Florida Sunshine Laws.It seems to just stir bad
feelings among parties (See section 286.011)
I am seeking legal opinions on this.
-RKO
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing