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Home My Public Portal AboutPRR 16-2299From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Friday, August 19, 2016 3:26 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; bankerb331@aol.com Subject: Public Record Request - GSCA internal communication related to undergrounding ballot Dear Custodian of Records, I request to inspect certain public records for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I request to inspect may be material to current, anticipated or presently unforeseen legal action. In addition, inspection of these records is essential to my ability to make informed comments in an upcoming public hearing. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. I believe the records I seek to inspect may be in your custody AND/OR in the custody of an entity under a written or unwritten contract with your agency, specifically the entity known as the Gulf Stream Civic Association (GSCA). As a courtesy to you and the GSCA and to assist in expediting my access to records responsive to this request I am notifying the GSCA by way of Mr. Robert Boardman at bankerb331(a)aol.com of this request by copy of this email. Do not assume my act of copying the GSCA with this request relieves you of any of your duties under Florida Statute. I ask that you contact the GSCA yourself, inform them of their obligations under Florida Statute and produce any responsive records in their custody as soon as possible. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. • If your agency's response to this request is made by a designee of the Custodian, identify that person to the requester. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request if that person is not the Custodian of Records for your agency as required by 119.07(1)(b). . Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. . Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. . Provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. As background to this request I call your attention to item 6. on page 5 of your agencies public record response identified on your agency's web site as PRR 16- 2235. This item notified property owners that in addition to the Town Manager, the Town Clerk and a Town Auditor representative, a GSCA representative will also count all the Ballots received that are properly executed and timely submitted. The delegation of this Town duty to the GSCA representative is the subject of this request to inspect public records. I request to inspect any email, text message or other record of communication between the Town and any GSCA member related to the Undergrounding Ballot which the GSCA representative acted to count on behalf of the Town. I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. The phrase Town of Gulf Stream when used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail August 24, 2016 Chris O'Hare [mail to: chrisoharegulfstreamAgmail.coml Re: GS #2299 (GSCA internal communication related to undergrounding ballot) As background to this request I call your attention to item 6. on page 5 ofywrr agencies public record response identified on your agency's web site as PRR 16-2235. This item notified property owners that in addition to the Town Manager, the Town Clerk and a Town Auditor representative, a GSCA representative will also count all the Ballots received that are properly executed and timely submitted. The delegation of this Town duty to the GSCA representative is the subject of this request to inspect public records. I request to inspect any email, text message or other record of communication between the Town and any GSCA member related to the Undergrounding Ballot which the GSCA representative acted to count on behalf of the Town. Dear Chris O'Hare [mail to: chrisoharegulfstreamCa,gmail.coml, The Town of Gulf Stream has received your public records request dated August 19, 2016. The original public record request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/101301/Pagel.aspx Please be advised that there are no such records. We consider this request closed. Sincerely, Rene6 Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records