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Home My Public Portal AboutPRR 16-2385RECORDS REQUEST (the "Request") Date of Request: 11/07/2016 Requestor's Request IDM: 1331 REQUESTEE: Custodian of Records SWeetapplc Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane Custodian of Records Johnson Anselmo Murdoch Burke Piper & HochmanP.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordsAcommerce-eroup.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In the second sentence of the sixth paragraph of the Coastal Star Letter to the Editor of November 2.2016: Gulf Stream confident it's on the right track Scott Morgan states the following: "Despite a good -faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O'Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees." Please provide all records which reflect that Gulf Stream made a "good -faith effort to locate all requested records" as stated in the above quoted language See attached Exhibit A ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its employees its officers, its staff, its Police Department, its Police Officers: including without limitation the attorneys, employees and partners of the following law firms: Sweetapple Broeker & Varkas• Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole, Scott & Kissane. P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY 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. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4)(0)(2) ALSO PLEASE TAKE NOTE OF §719.07(1)(H) OF THE FLORIDA STATUTES, WHICH I PROVIDES THAT -IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES'." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requester by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/P/NP/FLRR 11.04.2016 Letter to the Editor: Gulf Stream confident it's on the right track - The Coastal Star Search Sign IJP sign In EXHIBIT A ThCoastaf)%tar Main • ('IatislflL'(I5 • comaet Us liwl'nts NIy New • News • Photos • Talk • videos • Your Community • All Discussions • NIv Discussinns • Add Letter to the Editor: Gulf Stream confident it's on the right track • Posted by Mary Kale Lemina on November 2, 2016 at 1:47pm in Island Talk • View Discussions In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O'Boyle and Christopher O'Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents. To defend against this ongoing public records abuse, Gulf stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O'Boyle Law Firm and a related O'Boyle company called Citizens Awareness Foundation, which it added to the town's defenses in the public records lawsuits. Since Gulf Stream took these actions, public records requests have dropped from SO -plus per day down to several a week. In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Strewn wan or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits. I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land -use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed. At no time did staff refuse the legitimacy of O'Boyle's or O'Hwe's requests or try to prevent them from receiving documents. For example, one such request required production of"All photos of people riding bicycles on N. Ocean Blvd. in the town's public record." Since town records go back to its founding in 1925, this request necessitated a needle -in -the -haystack search, and for which we were still sued over a "gotcha" photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good -faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O'Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let ajudge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future. The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any other case where it appears that O'Boyle built up large attorneys' fees. Gulf Streem will continue to defend the remaining O'Boyle and O'Hare lawsuits until our two litigious residents dmp the meritless cases and negotiate reasonable settlements in good faith on the others. http://thecoastalstar.comlforumltopics/letter-to-the-editor-gulf-stream-confident-it-s-on-the... TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 8, 2016 Martin E. O'Boyle [mail to: records(&commerce-group.coml Re: GS #2385 (PRR 1331) "Despite a good faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. " Please provide all records which reflect that Gulf Stream made a "good faith effort to locate all requested records" as stated in the above quoted language. See attached Exhibit A. Dear Martin E. O'Boyle [mail to: recordsacommerce-group.coml: The Town of Gulf Stream has received your public records request dated November 7, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/103454/Page l .aspxx 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, R"I 1�o4U" pr+?u As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 30, 2016 Martin E. O'Boyle [Mail to: records@,commerce-group.coml Re: GS #2385 (PRR 1331) "Despite a good faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. " Please provide all records which reflect that Gulf Stream made a "good faith effort to locate all requested records" as stated in the above quoted language. See attached Exhibit A. Dear Martin E. O'Boyle [Mail to: recordsaa,commerce-group.coml: The Town of Gulf Stream received your public record request on November 7, 2016. Your request can be found at the following link: httv://www2.gulf-stream.org/weblink/O/doc/I 04039/Pagel .asnx To the extent that you seek "all records" regarding the Town's good faith effort to respond to public records requests as required under Florida Statute I I9.07(1)(c), you have failed to sufficiently specify the records that you seek with sufficient particularity to enable the Town to provide a good faith response. The Town requests you clarify your request and we will endeavor to respond appropriately. The Town's Public Records Compliance program is available on-line at the following link: httv://www2.aulf-streain.org/weblink/O/doc/I 0353"agel .asnx If the Town does not receive clarification from you within 30 days, we will consider this matter closed. Sincerely, Jz"Id lZiaw", $wte2 As requested by Rita Taylor, Town Clerk Custodian of the Records