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HomeMy Public PortalAboutPRR 16-2389RECORDS REQUEST (the "Request") Date of Request: 11/08/2016 Requestor's Request ID#: 1335 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordslaacommerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In the second sentence of the fourth 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; "The clerks regularly worked nights and weekends: they out off other town responsibilities: thev 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." Please provide copies of all records confirming that the Gulf Stream clerks regularly worked nights and weekends fulfilling public records requests Sec 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 Finns: Sweetavole Broeker & Varkas• Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole. Scott & Kissane P.A.; and Johnson Anselmo Murdoch Burke Piner & 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 41 19.0](2)(F). FLORIDA STATUTES, IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I1 X 17 PAPER, NOTE: INA L CAE (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §I19.07(i)(H) OF THE FLORIDA STATUTES, WIIICI I PROVIDES THAT -IF A CIVIL ACTION 1S 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 BYE MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any casts Imposed to the Requestor by the Agency. `BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUDIENTS 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 EXHIBIT A Seereh The Coastal SeerSearch Shut Up • Sien In Vc ThCoasta ar Main • Clnssifieds nl ct Us Events My Paee er Photos talk Videos • Your Community • All Discussions • Niv Discussions • Add Letter to the Editor: Gulf Stream confident it's on the right track • Posted by Mum Kale Leminn on November 2, 2016 at 1:47pm in Island Tal • 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 80 -plus per day down to seveml a week. In addition, there hes not been another public records lawsuit against Gulf Stmam in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal orsix 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 otfother town responsibilities; they hunted through old rile 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'Hare's requests or try to prevent them from receiving documents. For example, one such request required production of"All photos ofpeople 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-baystack search, and for which we were still sued over "gotcha"photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good -faith effort to locate a0 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 n judge determine reasonable fees. That cam 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 Stream will continue to defend the remaining O'Boyle and O'Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others. http://thecoastalstar.comlfonimltopics/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: records6ilcommerce-groua.coml Re: GS #2389 (PRR 1335) "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. " Please provide copies of all records confirming that the Gulf Stream clerks regularly worked nights and weekends fulfilling public records requests. Dear Martin E. O'Boyle [mail to: records(7a,commerce-group.coml: The Town of Gulf Stream has received your public records request dated November 8, 2016. The original public records request can be found at the following link: httv://www2.gulf-stream.org/weblink/O/doc/I 03462/Pagel . astx 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, k4ld JZOW44, D As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 14, 2016 Martin E. O'Boyle [mail to: recordsaa,commerce-group.coml Re: GS #2389 (PRR 1335) "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. " Please provide copies of all records confirming that the Gulf Stream clerks regularly worked nights and weekends fulfilling public records requests. Dear Martin E. O'Boyle [mail to: records(ia commerce-groumcorn The Town of Gulf Stream has received your public records request dated November 8, 2016. Your original public records request and partial response to your request can be found at the following link: http://www2.gulf-streain.org/weblink/O/doc/103462/Pagel.aspx You have asked that the Town only provide those records that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes and that the Town provide an estimate of the cost that would be required to fulfill the request as permitted by the Public Records Act. To that end, the Town has spent at least 15 minutes on your request and is providing with you with a partial response at the same link above. The Town estimates that to fully respond to your request will require an additional hour of administrative support at $35.60 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (One hour @ $35.60) = Deposit Due: $35.60 in cash or check. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this closed. Sincerely, Re4.ed JZ"441 $444t As requested by Rita Taylor Town Clerk, Custodian of the Records Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Employee Name: Freda DeFosse Employee Number: 44 Department: 513 Period Beginning: 11/02/13 Time Sheet Title: Office Assistant Status: Hourly Supervisor: Town Clerk Period Ending: 11/15/13 Week One Date Start Time End Time Reg Hours O/T Hours I Vac/Sick Hrs Total Hours Saturday 11/2/2013 0 Sunday 11/3/2013 0 Monday 11/4/2013 8:00 4:00 8 8 Tuesday 11/5/2013 8:00 5:00 8 1 9 Wednesday 11/6/2013 8:00 4:00 8 8 Thursday 11/7/2013 8:00 5:30 8 1.5 9.5 Friday 11/8/2013 8:00 4:00 8 g subtotal Wk 1 40 2.5 42.5 Week Two Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 11/9/2013 0 Sunday Monday Tuesday 11/10/2013 11/11/2013 11/12/2013 7:30 HOLIDAY 7:00 3:30 6:15 8 8 8 3.25 8 8 11.25 Wednesday 11/13/2013 8:00 4:00 8 8 Thursday 11/14/2013 6:30 6:00 8 3.5 11.5 Friday 11/15/2013 7:00 6:00 8 3 11 Subtotal wk 2 40 17.75 57.75 Total Pay Period 80 20.25 100.25 80 Regular Hours X $22.07 = $ 1,765.60 20.25 Overtime Hours X $33.11 = $ 670.48 Gross = $ 2,436.08 Employee Signature: 4 i ( 11/15/2013 Supervisor Signature: t Y 11/15/2013 10/4/2012 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Employee Name: Freda DeFosse Employee Number: 44 Department: 513 Period Beginning: 11/16/13 Time Sheet Title: Office Assistant Status: Hourly Supervisor: Town Clerk Period Ending: 11/29/13 Week One Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 11/2/2013 0 Sunday 11/3/2013 0 Monday 11/4/2013 6:15 4:00 8 1.75 9.75 Tuesday 11/5/2013 6:00 4:45 8 2.75 10.75 Wednesday 11/6/2013 6:15 4:00 8 1.75 9.75 Thursday 11/7/2013 6:30 4:00 8 1.5 9.5 Friday 11/8/2013 6:30 5:30 8 3 11 subTotal Wk 1 40 10.75 50.75 Week Two Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 11/9/2013 0 Sunday 11/10/2013 6:45 2:00 7.25 7.25 Monday 11/11/2013 6:30 4:00 8 1.5 9.5 Tuesday 11/12/2013 1 8:00 6:00 8 2 10 Wednesday Thursday 11/13/2013 11/14/2013 8:00 4:00 Holiday 8 8 8 8 Friday subtotal wk 2 11/15/2013 9:30 Holidav 2:00 8 40 4.5 15.25 12.5 55.25 Total Pay Period 80 26 106 80 Regular Hours X $22.07 = $ 1,765.60 26 Overtime Hours X $33.11 = $ 860.86 Gross = $ 2,626.46 Employee Signature: I.. ° 11/29/2013 1 Supervisor Signature: Ccs �2/ 11/29/2013 10/4/2012 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Employee Name: Freda DeFosse Employee Number: 44 Department: 513 Period Beginning: 11/30/13 Time Sheet Title: Office Assistant Status: Hourly Supervisor: Town Clerk Period Ending: 12/13/13 Week One Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 11/30/2013 0 Sunday 12/1/2013 0 Monday 12/2/2013 7:00 2:30 7.5 7.5 Tuesday 12/3/2013 7:00 4:00 8.5 0.5 9 Wednesday 12/4/2013 6:30 5:00 8 2.5 10.5 Thursday 12/5/2013 8:00 5:45 8 1 1.75 9.75 Friday 12/6/2013 8:00 4:00 8 8 SubTotal Wk 1 40 4.75 44.75 Week Two Date Start Time End Time Reg Hours O/THours Vac/Sick Firs Total Hours Saturday 12/7/2013 0 Sunday 12/8/2013 3:00 6:00 3 3 Monday 12/9/2013 8:00 6:00 8 2 10 Tuesday 12/10/2013 8:00 6:00 8 1 2 10 Wednesday 12/11/2013 8:00 5:45 8 1.75 9.75 Thursday 12/12/2013 8:00 6:00 8 2 10 Friday 12/13/2013 8:00 4:00 8 8 Subtotal Wk 2 40 10.75 50.75 Total Pay Period 1 80 15.5 95.5 80 Regular Hours X $22.07 = $ 1,765.60 S S Overtime Hours X $33.11= $ S I �raI Gross==o7a%4•SS� Employee Signature.�Zw L'( —C' 12/15/2013 Supervisor Signature: 12/15/2013 10/4/2012 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Employee Name: Freda DeFosse Employee Number: 44 Department: 513 Period Beginning: 12/14/13 Time Sheet Title: Office Assistant Status: Hourly Supervisor: Town Clerk Period Ending: 12/27/13 Week One Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 12/14/2013 0 Sunday 12/15/2013 9:15 2:30 5.25 5.25 Monday 12/16/2013 8:00 5:45 8 1.75 9.75 Tuesday 12/17/2013 8:00 5:30 8 1.5 9.5 Wednesday 12/18/2013 8:00 5:45 8 1.75 9.75 Thursday 12/19/2013 7:00 5:30 8 2.5 10.5 Friday 12/20/2013 8:00 4:00 8 8 SubTotal wk 1 40 12.75 52.75 Week Two Date Start Time End Time Reg Hours O/T Hours Vac/Sick Hrs Total Hours Saturday 12/21/2013 0 Sunday 12/22/2013 7:45 12:30 4.75 4.75 Monday 12/23/2013 8:00 5:30 8 1.5 9.5 Tuesday Wednesday Thursday 12/24/2013 12/25/2013 12/26/2013 8:00 1 HOLIDAY 8:00 1 4:00 5:00 8 8 8 1 8 8 9 Friday Subtotal wk 2 12/27/2013 VACATION 1 32 7.25 8 8 47.25 Total Pay Period 1 72 20 1 8 1 100 72 Regular Hours X $22.07 = $ 1,589.04 8 Vacation Hours x $22.07 = $ 22.07 20 Overtime Hours X $33.11 = $ 662.20 Gross = $ 2,273.31 Employee Signature: 12/26/2013 i Supervisor Signature: b L� 12/26/2013 10/4/2012 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Employee Name: Freda DeFosse Employee Number: 44 Department: 513 Period Beginning: 12/28/13 Time Sheet Title: Office Assistant Status: Hourly Supervisor: Town Clerk Period Ending: 01/10/14 Week One Date Start Time End Time Reg Hours 0/T Hours Vac/Sick Hrs Total Hours Saturday 12/28/2013 0 Sunday Monday 12/29/2013 12/30/2013 VACATION 0 8 0 8 Tuesday Wednesday Thursday 12/31/2013 1/1/2014 1/2/2014 8:00 1 HOLIDAY 7:30 4:00 5:00 8 8 8 1.5 8 8 9.5 Friday 1/3/2014 7:00 5:00 8 2 10 SubTotal Wk 1 32 3.5 8 43.5 Week Two Date Start Time End Time Reg Hours 0/T Hours Vac/Sick Hrs Total Hours Saturday 1/4/2014 0 Sunday 1/5/2014 8:00 1:00 5 5 Monday 1/6/2014 8:00 5:30 8 1.5 9.5 Tuesday 1/7/2014 6:30 5:00 8 2.5 10.5 Wednesday 1/8/2014 8:00 4:00 8 8 Thursday 1/9/2014 7:00 4:00 8 1 9 Friday 1/10/2014 8:00 4:00 8 8 Subtotal Wk 2 40 10 50 Total Pay Period 72 13.5 8 93.5 72 Regular Hours X $22.07 = $ 1,589.04 8 Vacation Hours x $22.07 = $ 176.56 13.5 Overtime Hours X $33.11 = $ 446.99 Gross = $ 2,212.59 Employee Signature: �t �o �'( ` 1/10/2014 Supervisor Signature: /Gt=— 1/10/2014 c 10/4/2012