City Council Meeting
City of DeBary
Subject: Acquisition of public records from Former Mayor Johnson
From: Interim City Manager
Meeting/Hearing Date: October 5, 2016
( ) Ordinance
( ) Resolution
( x) Other
( ) Supporting Documents/Contracts
The City Manager requests direction from the City Council regarding the acquisition of public records from Former Mayor Clint Johnson.
This request is needed at this time to respond to the Mayor and Council’s direction to place this item on the October 5, 2016 City Council meeting for discussion.
On August 24, 2016, Former Mayor Clint Johnson’s term of office was declared forfeit by the City Council in accordance with Section 4.07 of the City’s Charter.
On Tuesday, August 30, 2016, in accordance with F.S. 119.021(4), City Records Manager Eric Frankton sent an e-mail, First Class letter, and Certified letter to Former Mayor Johnson demanding the turnover of all public records in his possession to the City as required under F.S. 119.021(4).
On September 6, 2016, Former Mayor Johnson e-mailed a letter to the Interim Mayor and City Council stating that he would turn over the records for a fee of $3,228.99.
On Thursday, September 8, 2016, Assistant City Attorney Lance King sent an e-mail to Former Mayor Johnson via his attorney Doug Daniels informing him that the public records statutes do not authorize Former Mayor Johnson to require the City to pay a fee as condition of turning over public records as required by F.S. 119.021(4).
At the Wednesday, September 21, 2016 City Council meeting, a private citizen expressed dissatisfaction that his public records request and other requests to Former Mayor Johnson have not been fulfilled, and suggested that the City inform the State Attorney’s Office of Former Mayor Johnson’s failure to produce public records as required by the public records statutes.
Subsequent to this citizen comment, the City Council directed the City Manager to discuss the matter further with the City Attorney and to place the matter on the October 5, 2016 City Council agenda for further discussion by the City Council.
The City Manager has discussed the matter with the City Attorney, who has reviewed various legal issues related to the matter. Further, on Friday, September 23, 2016, at the direction of the City Manager, Assistant City Attorney Lance King sent an e-mail to Former Mayor Johnson via his attorney Doug Daniels making a third demand for the public records.
As of this date, the City has not received the records described in this agenda item.
It is recommended that the City Council review this matter and provide further direction to the City Manager, City Attorney, and City Staff as it deems appropriate.
City Council Action:
( ) Approved As Recommended
( ) Approved With Modification
( ) Disapproved
( ) Continued Date:
( ) Other