HomeMy Public PortalAboutPRR 16-2365Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Thursday, October 27, 2016 4:28 PM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Public Record Request - police computer hard drive
Dear Custodian of Records,
I request to inspect certain public records' in the custody of the Town of Gulf Stream Florida' or in the custody of its agents or
associated entities.
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 request to inspect the hard drive located in the computer which was used by officer Ginsberg
on October 28, 2011, or thereabouts, when he create his incident report dated October 28,
2011, which report was regarding my private home located at 2520 Avenue Au Soleil.
*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.
**The phrase Town of Gulf Stream when used 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 Staff Attorney, 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. Due to issues of delivery failure and occasional
rejection by your server this email is being sent to multiple recipients to insure prompt delivery.
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
October 28, 2016
Chris O'Hare [mail to: chrisohareeulfstreamORmail.coml
Re: GS #2365 (police computer hard drive)
I request to inspect the hard drive located in the computer which was used by officer Ginsberg on
October 28, 2011, or thereabouts, when he create his incident report dated October 28, 2011,
which report was regarding my private home located at 2520 Avenue Au Soleil.
Dear Chris O'Hare [mail to: chrisohareeulfstream(ia gmail.coml:
The Town of Gulf Stream has received your public records requests dated October 27, 2016. The
original public records request can be found at the following link:
htto://www2.gulf-stream.org/weblink/O/doc/103259/Pa eg 1_aspx
Please be advised that the Town of Gulf Stream is currently working on a large number of
incoming public records requests. The Town will use its very best efforts to respond to you in a
reasonable amount of time with the appropriate response or an estimated cost to respond.
Sincerely,
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 21, 2016
Chris O'Hare [Mail to: chrisohareeulfstream(d gmail.coml
Re: GS #2365 (police computer hard drive)
I request to inspect the hard drive located in the comptder which was used by ofcer Ginsberg
on October 28, 2011, or thereabouts, when he create his incident report dated October 28, 2011,
which report was regarding my private home located at 2520 Avenue All Soleil.
Dear Chris O'Hare [Mail to: chrisohareeulfstreamaa.email.coml,
The Town of Gulf Stream received your public record request on October 27, 2016. Your request
and response can be found at the following link:
http://www2.gulf-stream.org/weblink/O/doc/103259/Pagel.gspx
A hard drive is not a record. Within a hard drive are individual files. Individual files containing
confidential and exempt information cannot be redacted when a hard drive is copied. Gulf
Stream has an obligation not to release confidential and exempt information and keep important
information contained within its records. If you have specific records to request, please let us
know. The Town is required to furnish copies of records when you identify the record or the
portion of a record with sufficient specificity to permit the records custodian to identify the
record.
Please clarify the above request as indicated and the Town of Gulf Stream will proceed
with fulfilling your request, or providing you an estimate of the cost of production based on
your clarification. This request for clarification is done as a courtesy to you to ensure the
Town is able to accurately and promptly provide you with either an estimate, if necessary, or
production of the public records you seek.
If the Town does not receive clarification from you within 30 days, it will consider this
request closed.
Sincerely,
Rit' �7 R" ' Dwuk
As requested by Rita Taylor, Town Clerk
Custodian of the Records
Renee Basel
From: Chris O'Hare<chrisoharegulfstream@gmail.com>
Sent: Monday, November 21, 2016 5:00 PM
To: Bill Thrasher; Rita Taylor; Renee Basel
Subject: Requested Clarification - Re: GS #2365 (police computer hard drive)
Dear Custodian of Records,
I am writing you to respond to your recent email regarding my request to inspect a public record which you
have labeled GS #2365 (police computer hard drive).
I wrote you on Oct 27, 2016 and asked to inspect:
the hard drive located in the computer which was used by officer Ginsberg on October 28, 2011, or
thereabouts, when he create his incident report dated October 28, 2011, which report was
regarding my private home located at 2520 Avenue An Soleil.
You replied on Nov 21, 2016 through Ms. Rowan Basel that:
A hard drive is not a record. Within a hard drive are individual files .... If you have specific records
to request, please let us know. The Town is required to furnish copies of records when you identify
the record or the portion of a record with sufficient specificity to permit the records custodian to
identify the record.
Please allow this email to serve as additional clarification so that the records I seek may be identified
with sufficient specificity to permit the records custodian to finally identify the records I request to inspect.
Here is my original request with the additional clarification underlined for your convenience:
I request to inspect all records in the original electronic form in which thev were created which are
located on the hard drive located in the computer which was used by officer Ginsberg on October
28, 2011, or thereabouts, when he create his incident report dated October 28, 2011, which report
was regarding my private home located at 2520 Avenue An Soleil.
Again I tell you that 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.
*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.
**The phrase Town of Gulf Stream when used 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 Staff Attorney, 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. Due to issues of delivery failure and occasional
rejection by your server this email is being sent to multiple recipients to insure prompt delivery.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream@gmail.com
On Mon, Nov 21, 2016 at 1:49 PM, Renee Basel <RBasel ,gulf-stream.ore> wrote:
Good afternoon, Mr. O'Hare:
Please see attached.
Have a GRAND day!
R"I d ROW" $"
Executive Administrative Assistant
Town of Gulf Stream
ioo Sea Road
Gulf Stream FL 33483
561.276.5116
561.7��.o188-fax
www.gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended
recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message. Florida has a very broad public records law. Written communications regarding
Town of Gulf Stream business are public records available to the public upon request. Your e-mail
communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public
records. If you do not want your e-mail address released in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office by phone or in writing.