| | | | | | | |  | Resolutions - R7 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Rafael Paz, Acting City Attorney | | | DATE: | March 17, 2021 | | | |
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REAFFIRMING THE CITY’S LONGSTANDING POLICY REQUIRING CITY EMPLOYEES TO SAFEGUARD THE CONFIDENTIALITY OF SENSITIVE INFORMATION CONCERNING THE CITY OR ITS OPERATIONS, WHICH POLICY IS IMPLICIT IN CITY CODE SECTION 2-452, PROHIBITING THE DISCLOSURE OF CONFIDENTIAL INFORMATION BY OFFICERS AND EMPLOYEES OF THE CITY, AND IN OTHER PROVISIONS OF THE CITY CODE AND STATE LAW. |
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| | | | | | | | ANALYSIS
| The attached Resolution reaffirms the City’s longstanding policy requiring City employees to safeguard the confidentiality of sensitive information concerning the City or its operations.
An implicit duty of confidentiality arises from a number of provisions in the City Code and State law: Florida public records law (including, without limitation, Chapter 119, Florida Statutes) sets forth a number of exemptions from public records requirements for information that is confidential and/or exempt from disclosure. The City’s Cone of Silence Ordinance, at City Code Section 2-486, prohibits certain communications during the procurement process, in order to protect the integrity of the process by shielding it from undue influences. More specifically, City Code Section 2-452 prohibits the disclosure of confidential information by any officer or employee of the City.
These provisions give rise to an implicit duty on the part of City employees to maintain and protect the confidentiality of sensitive information. The unauthorized release of sensitive or confidential information may compromise the public’s health, safety, and/or welfare, or may negatively impact the City’s bargaining position in procurements or other business transactions. This Resolution is intended to limit such disclosures, and encourage City staff members and other City officers to maintain the secrecy of confidential or otherwise sensitive information. |
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | Applicable Area
| | Not Applicable |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | No | | No | |
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| | | | | | | | Legislative Tracking
Office of the City Attorney |
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| | | | | | | | Sponsor
Commissioner Steven Meiner |
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