HomeMy Public PortalAboutPRR 16-2322Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Monday, September 19, 2016 8:41 AM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - Budget Hearing Agenda and back up for Sep 20, 2016 hearing
Attachments: Budget Hearing - Laserfiche WebLink.pdf; Regular Meetings - Laserfiche WebLink.pdf;
Special Meetings - Laserfiche WebLink.pdf
Dear Custodian of Records,
I request to inspect certain public records* related to the Town of Gulf Stream Florida"*
While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is 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 wish to
inspect may also be material to current, anticipated or presently unforeseen legal action. In addition,
inspection of these records may be 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 wish 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 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.
• 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).
" R e s p o n d t o t h i s p u b l i c r e c o r d r e q u e s t i n a s i n g u l a r m a n n e r a n d d o n o t c o m b i n e t h i s
r e q u e s t w i t h a n y o t h e r p u b l i c r e c o r d r e q u e s t s w h e n r e s p o n d i n g t o t h i s r e q u e s t .
" O n c e y o u h a v e d e t e r m i n e d t h a t y o u d o o r d o n ' t h a v e a n y r e c o r d s i n y o u r
c u s t o d y r e s p o n s i v e t o t h i s r e q u e s t , i m m e d i a t e l y a c t t o o b t a i n a n y r e s p o n s i v e r e c o r d s
t h a t m a y b e i n t h e c u s t o d y o f y o u r c o n t r a c t o r ( s ) o r o t h e r p a r t i e s .
" P r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s .
" I f r e c o r d s r e s p o n s i v e t o t h i s r e q u e s t a r e n o t p r e s e n t l y a v a i l a b l e b u t y o u e x p e c t t h a t
t h e y w i l l s o o n b e a v a i l a b l e I r e q u e s t t h a t y o u p r o d u c e t h e r e c o r d s a s s o o n a s t h e y a r e
a v a i l a b l e .
I a s k y o u t o t a k e n o t e o f � 1 1 9 . 0 7 ( 1 ) ( c ) F l o r i d a S t a t u e s a n d y o u r a f f i r m a t i v e o b l i g a t i o n t o ( 1 )
p r o m p t l y a c k n o w l e d g e r e c e i p t o f t h i s p u b l i c r e c o r d s r e q u e s t a n d ( 2 ) m a k e a g o o d f a i t h e f f o r t w h i c h
" i n c l u d e s m a k i n g r e a s o n a b l e e f f o r t s t o d e t e r m i n e f r o m o t h e r o f f i c e r s o r e m p l o y e e s w i t h i n t h e a g e n c y
w h e t h e r s u c h a r e c o r d e x i s t s a n d , i f s o , t h e l o c a t i o n a t w h i c h t h e r e c o r d c a n b e a c c e s s e d . " I a m ,
t h e r e f o r e , r e q u e s t i n g t h a t y o u n o t i f y e v e r y i n d i v i d u a l a n d e n t i t y i n p o s s e s s i o n o f r e c o r d s t h a t m a y b e
r e s p o n s i v e t o t h i s p u b l i c r e c o r d s r e q u e s t , i n c l u d i n g i n d i v i d u a l s a n d e n t i t i e s u n d e r c o n t r a c t w i t h y o u r
a g e n c y , t o p r e s e r v e a n d p r o d u c e a l l r e s p o n s i v e r e c o r d s o n a n i m m e d i a t e b a s i s .
I f y o u c o n t e n d t h a t a n y o f t h e r e c o r d s I a m s e e k i n g , o r a n y p o r t i o n t h e r e o f , a r e e x e m p t f r o m
i n s p e c t i o n o r d i s c l o s u r e p l e a s e c i t e t h e s p e c i f i c e x e m p t i o n a s r e q u i r e d b y � 1 1 9 . 0 7 ( 1 ) ( e ) o f t h e F l o r i d a
S t a t u t e s a n d s t a t e i n w r i t i n g a n d w i t h p a r t i c u l a r i t y t h e b a s i s f o r y o u r c o n c l u s i o n s a s r e q u i r e d
b y � 1 1 9 . 0 7 ( 1 ) ( f ) o f t h e F l o r i d a S t a t u t e s . P r o d u c e f o r m y i n s p e c t i o n a l l r e s p o n s i v e r e c o r d s a n d O N L Y
r e d a c t t h a t p o r t i o n o f t h e r e c o r d t h a t y o u c o n s i d e r e x e m p t . T o b e c l e a r , i f y o u c o n s i d e r a n e n t i r e
r e c o r d t o b e e x e m p t , p r o d u c e t h a t r e c o r d i n i t s e n t i r e t y w i t h a l l p o r t i o n s r e d a c t e d t h a t y o u c o n s i d e r
e x e m p t . I s p e c i f i c a l l y a s k y o u t o d o t h i s i n o r d e r t h a t I m a y i n s p e c t f u l l y r e d a c t e d r e c o r d s f o r t h e
p u r p o s e o f c h a l l e n g i n g a p a r t i c u l a r r e d a c t i o n o r e s t a b l i s h i n g a r e f e r e n c e f o r a f u t u r e r e q u e s t o f a
r e c o r d t h a t i s o n l y t e m p o r a r i l y e x e m p t , a s i n t h e c a s e o f a p u b l i c r e c o r d t h a t w a s p r e p a r e d b y a n
a g e n c y a t t o r n e y e x c l u s i v e l y f o r l i t i g a t i o n a n d i s o n l y e x e m p t f r o m d i s c l o s u r e u n t i l t h e c o n c l u s i o n o f t h e
l i t i g a t i o n .
I f t h e p u b l i c r e c o r d s b e i n g s o u g h t a r e m a i n t a i n e d b y y o u r a g e n c y o r c o n t a c t o r s f o r y o u r a g e n c y , i n a n
e l e c t r o n i c f o r m a t p l e a s e p r o d u c e t h e r e c o r d s i n t h e o r i g i n a l e l e c t r o n i c f o r m a t i n w h i c h t h e y w e r e
c r e a t e d o r r e c e i v e d . S e e � 1 1 9 . 0 1 ( 2 ) ( f ) , F l o r i d a S t a t u t e s .
A g a i n I a s k t h a t y o u p r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s . T a k e n o t e
o f � 1 1 9 . 0 7 ( 4 ) ( a ) 3 . ( d ) F l o r i d a S t a t u e s a n d i f y o u a n t i c i p a t e t h a t a n y r e c o r d s e x i s t , t h e p r o d u c t i o n f o r
i n s p e c t i o n o f w h i c h w i l l r e q u i r e e x t e n s i v e u s e o f i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r
b o t h i n e x c e s s o f 1 5 m i n u t e s , t h e n p l e a s e p r o v i d e t h o s e r e c o r d s t h a t c a n b e p r o d u c e d w i t h i n t h e f i r s t
1 5 m i n u t e s a n d a d v i s e m e o f t h e c o s t y o u a n t i c i p a t e t o b e i n c u r r e d b y y o u r a g e n c y f o r t h e r e m a i n i n g
r e c o r d s p r i o r t o i n c u r r i n g t h i s c o s t . P l e a s e d o n o t i n c u r a n y c o s t s o n m y b e h a l f w i t h o u t f i r s t o b t a i n i n g
m y w r i t t e n a u t h o r i z a t i o n t o p r o c e e d . I f y o u p r o d u c e o n l y a p o r t i o n o f a l l e x i s t i n g r e s p o n s i v e r e c o r d s ,
p l e a s e t e l l m e t h a t y o u r r e s p o n s e i n c l u d e s o n l y a p o r t i o n o f a l l e x i s t i n g r e c o r d s r e s p o n s i v e t o t h i s
r e q u e s t .
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.
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.
I have searched the Town of Gulf Stream's online archive of records, specifically the three
locations where Agendas and back up documents are usually posted for Budget Hearings,
Regular Meetings and Special Meetings (a copy of each of those pages is attached for your
reference). I cannot find any Agenda posted for the Budget Hearing scheduled to be heard in
32 hours. I request to examine the public records of the Agenda and back up documents as
soon as they are available.
*The term public records, as used anywhere herein, has the same meaning and scope as the
definition of Public records adopted by the Florida Legislature as Statutes Chapter 119.
**The phrase Town of Gulf Stream when used anywhere herein refers to the Town in its entirety and
all entities of the Town 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.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
9/19/2016
Laserfiche WebLink
Home
2016
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9/19/2016 Regular Meetings - Laserfche WebUnk
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Renee Basel
From: Renee Basel
Sent: Monday, September 19, 2016 3:18 PM
To: 'Chris O'Hare'
Subject: RE: Public Record Request - Budget Hearing Agenda and back up for Sep 20, 2016
hearing
Mr. O'Hare:
The Budget Hearing Agenda was put on the web this morning. Here is the link:
http://www2.gulf-stream.org/weblink/O/doc/102073/PageI.aspx
Have a GRAND day!
Jz"Ied ROW" F44d
Executive Administrative Assistant
Town of Gulf Stream
loo Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.o188 -fax
www.gulf-stream.org
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Monday, September 19, 2016 8:41 AM
To: Bill Thrasher<bthrasher@gulf-stream.org>; Rita Taylor<RTaylor@gulf-stream.org>; Renee Basel <RBasel@gulf-
stream.org>
Subject: Public Record Request - Budget Hearing Agenda and back up for Sep 20, 2016 hearing
Dear Custodian of Records,
I request to inspect certain public records* related to the Town of Gulf Stream Florida**
While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is 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 wish to
inspect may also be material to current, anticipated or presently unforeseen legal action. In addition,
inspection of these records may be 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 wish 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 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.
• 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.
• If records responsive to this request are not presently available but you expect that
they will soon be available I request that you produce the records as soon as they are
available.
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.
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.
I have searched the Town of Gulf Stream's online archive of records, specifically the three
locations where Agendas and back up documents are usually posted for Budget Hearings,
Regular Meetings and Special Meetings (a copy of each of those pages is attached for your
reference). I cannot find any Agenda posted for the Budget Hearing scheduled to be heard in
32 hours. I request to examine the public records of the Agenda and back up documents as
soon as they are available.
7
*The term public records, as used anywhere herein, has the same meaning and scope as the
definition of Public records adopted by the Florida Legislature as Statutes Chapter 119.
**The phrase Town of Gulf Stream when used anywhere herein refers to the Town in its entirety and
all entities of the Town 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.
If you do not understand any part of this request or if you need clarification about this request, notify me as
soon as possible so I may further describe or clarify this request.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmaii.com