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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.