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
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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