Urge state legislature to exempt municipal election and code enforcement staff from public records

1 | P a g e RESOLUTION NO. 2025- A RESOLUTION OF THE VILLAGE OF PINECREST, FLORIDA, URGING THE FLORIDA STATE LEGISLATURE TO ENACT LEGISLATION TO PROVIDE A PUBLIC RECORDS EXEMPTION FOR MUNICIPAL CLERKS AND EMPLOYEES WHO PERFORM MUNICIPAL ELECTIONS WORK OR HAVE ANY PART IN CODE ENFORCEMENT FUNCTIONS OF A CITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many municipal staff who perform duties that include, or result in, investigations into complaints regarding election fraud, legal enforcement of hearings that could lead to a criminal prosecution or code enforcement actions are exposed to threats and other acts of violence; and WHEREAS, municipal clerks often administer elections and some election workers have been targeted for threats and violence due to the nature of materials they are responsible for WHEREAS, municipal clerks are often involved in legal enforcement proceedings in actions related to violations of codes and ordinances and, occasionally, these proceedings have led to retaliation and threats by defendants; and WHEREAS, currently public records exemptions in Florida include those for local personnel who either investigate, enforce or otherwise provide a service that can result in contentious interactions when action is taken and municipal clerks and their staff fall within the need for a window for greater protection; and WHEREAS, the Florida Association of City Clerks is very concerned for the safety and well-being of the municipal clerks and their staffs who serve the public on a daily basis and are, oftentimes, the first contact of citizens with cities; and WHEREAS, the Village of Pinecrest has complied with all requirements and procedures of Florida law in processing and adopting this Resolution.

NOW, THEREFORE,

BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PINECREST, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Pinecrest hereby adopts the recitals set forth in this Resolution (whereas clauses) as the legislative findings of the Village Council. Section 2. The Mayor and Village Council of the Village of Pinecrest, Florida, hereby urges and encourages the Florida State Legislature to enact legislation to provide a 2 | P a g e public records exemption for municipal clerks and employees who perform municipal elections work or have any part in code enforcement functions of a municipality. Section 3. The Village Clerk is hereby directed and authorized to send a certified copy of this Resolution to Governor Ron DeSantis, Senator Alexis Calatayud and Representative Maria Elvira Salazar, the Miami Dade County League of Cities (MDCLC), and the Florida League of Cities (FLC). Section 4. This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 11th day of March, 2025. ____________________________ Joseph M. Corradino, Mayor Attest: ____________________________ Priscilla Torres, MMC Village Clerk Approved as to Form and Legal Sufficiency: ____________________________ Mitchell Bierman Village Attorney Consent Agenda MEMORANDUM DATE: March 4, 2025 TO: The Honorable Mayor and Members of the Village Council FROM: Priscilla Torres, MMC, Village Clerk RE: Request for Approval of Resolution Urging Legislation for Public Records Exemption for Municipal Clerks and Employees Involved in Election and Code Enforcement Work Municipal Clerks and employees who perform duties related to municipal elections or code enforcement play a crucial role in maintaining the integrity of local government functions. However, many of these individuals face significant risks, including threats of violence, due to the sensitive nature of their work. Municipal Clerks, in particular, often administer elections, and their involvement with election materials can expose them to various forms of intimidation or harassment. Additionally, Municipal Clerks are frequently involved in legal enforcement proceedings related to the violations of city codes and ordinances. These actions, at times, lead to retaliation or threats from defendants. Currently, Florida law provides a public records exemption for certain municipal roles, including Code Enforcement Officers, shielding them from public disclosure to protect them from potential harm. However, this exemption does not extend to Municipal Clerks and employees performing election-related or code enforcement duties, leaving them vulnerable to similar risks and threats. I respectfully request your approval to submit this resolution for legislative consideration. This measure is crucial to the safety and well-being of our municipal staff who perform essential and often dangerous tasks in serving the public. If approved, this resolution will demonstrate our commitment to ensuring that those who work on election and code enforcement functions are not unnecessarily exposed to threats and violence.