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HomeMy Public PortalAboutPRR 16-2395Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Thursday, November 10, 2016 7:48 AM To: Bill Thrasher, Rita Taylor, Renee Basel Subject: Public Record Request - employee social security numbers published on Town web site again Dear Custodian of Records, I request to inspect certain public records in the custody of the Town of Gulf Stream 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. 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 119.070)(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 V 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. As background to this request I call your attention to the following pages located on the Town's website which were modified yesterday for the purpose of redacting previously disclosed confidential information in violation of State law: http://www2.calf-stream.org/weblink/O/doc/102181 /Page l .aspx http://www2.gulf-stream.org/weblink/O/doc/102182/Pagel .aspx littp://www2.gulf-stream.org/weblink/O/doc/I 02186/Pagel. aspx http://www2.gulf-stream.org/weblink/O/doc/ 102185/Page l .aspx httv://www2.gulf-stream.orgjweblink/0/doc/ 102180/Pagel .aspx http://www2.gulf-stream.org/weblink/O/doc/76093/Pagel.aspx http://www2.gulf-stream.org/weblink/O/doc/ 102183/Pagel .aspx http://www2.gulf-stream.org/weblink/O/doc/102184/Page l .aspx I request to inspect any public record* in the custody of the Town of Gulf Stream** since this past Sunday which is concerning confidential information the Town published on its publicly accessible web site and which information was subsequently redacted on Nov. 9, 2016. *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 Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Thursday, November 10, 2016 4:36 PM To: Bill Thrasher, Rita Taylor, Renee Basel Subject: Public Record Request - employee social security numbers published on Town web site again - REPLACEMENT Dear Custodian of Records, Earlier today I wrote you to request to inspect certain public records in the custody of the Town of Gulf Stream or in the custody of its agents or associated entities. The request was titled Public Record Request - employee social security numbers published on Town web site again. This email is a replacement of that request. Please disregard the earlier request and instead accept this request as its substitute. I apologize for any inconvenience caused to your agency by this replacement request. 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. 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 orioinal 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. As background to this request I call your attention to the following pages located on the Town's website which were modified yesterday for the purpose of redacting previously disclosed confidential information: http://www2.gulf-stream.org/weblink/O/doc/102181/Pagel aspx http://www2.gulf-stream.org/weblink/O/doc/102182/Page] aspx htto://www2.gulf-stream.org/weblink/O/doe/I02186/Pagel.aspx http://www2.gulf-stream.org/weblink/O/doe/I02185/PageI.aspx http://www2.gulf-stream.org/weblink/O/doc/102180/Pagel aspx httv://www2.gulf-stream.org/weblink/O/doc/76093/Pagel.aspx httv://www2.gulf-stream.org/weblink/0/doc/102183/Pagel aspx http://www2.gulf-stream.org/weblink/O/doc/I02184/Pa el aspx I request to inspect any public record* in the custody of the Town of Gulf Stream** created or received since this past Sunday which is concerning confidential information the Town published on its web site and which information was subsequently substantially redacted on Nov. 9, 2016. Please produce all public records that exist at the time you receive this request. I am not requesting any information from these records or information about these records. I am also not requesting you create a responsive record in order to respond to this request. *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 November 17, 2016 Chris O'Hare [mail to: chrisoharegulfstreatn(@maii.co Re: GS #2395 (employee social security numbers published on Town web site again - REPLACEMENT) I request to inspect any public record* in the custody of the Town of Gulf Stream" created or received since this past Sunday which is concerning confidential information the Town published on its web site and which information was subsequently substantially redacted on Nov. 9, 2016. Pleaseproduce all public records that exist at the time you receive this request. lam not requesting any information from these records or information about these records. I am also not requesting you create a responsive record in order to respond to this request. Dear Chris O'Hare [mail to: chrisoharegulfstream(@zmail.coml: The Town of Gulf Stream has received your public records request dated November 10, 2016. The original public records request can be found at the following link: htto://www2.gulf-stream.ore/weblink/O/doc/103521 /Page l .asnx 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, R41 d ROW" $wul As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Saturday, November 26, 2016 11:11 AM To: Bill Thrasher; Rita Taylor; Renee Basel Subject: SUBSTITUTE REQUEST FOR PUBLIC RECORDS - Fwd: GS #2395 (employee social security numbers published...) Attachments: GS #2395 (employee social security numbers published on Town web site again - REPLACEMENT).pdf Dear Custodian of Records, I am writing you to request that you disregard my previous request to inspect public records in the custody of the Town of Gulf Stream or in the custody of its agents or associated entities which you have labeled GS #2395 (emplovee social security numbers published...). Your recent response to this request is forwarded herein for your reference and convenience. This email is a replacement of that request. Please disregard the earlier request GS #2395 and instead accept this request in substitution. I apologize for any inconvenience caused to your agency by this replacement request. 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. 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 119.070)(1b). • 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. As background to this request I call your attention to the following pages located on the Town's website which were modified on November 9, 2016 for the purpose of redacting previously disclosed confidential information: http://www2.gulf-stream.org/weblink/O/doc/10218I/Pagel.aspx htti)://www2.gulf-stream.org/weblink/O/doc/I02182/Pagel.aspx http://www2.gulf-stream.org/weblink/O/doc/102186/Pagel aspx http://www2.gulf-stream.org/weblink/O/doc/102185/Pagel aspx http://www2.gulf-stream.orWweblink/O/doc/102180/Pagel aspx http://www2.gulf-stream.org/weblink/O/doc/76093/Pagel.asl)x http://www2.gulf-stream.org/weblink/O/doc/ 102183/Page L aspx http://www2.gulf-stream.org/weblink/O/doc/102184/Pagel aspx I request to inspect any public record* in the custody of the Town of Gulf Stream** created or received by your agency, during the time period from November 6, 2016 through to and including the date you respond with the production of responsive records, which is regarding or related to confidential information the Town published on its web site which information was substantially redacted on Nov. 9, 2016. 1 am not requesting any information from these records or information about these records. I am also not requesting you create a responsive record in order to respond to this request. *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 ---------- Forwarded message ---------- From: Renee Basel <RBasel(c gulf-stream.org> Date: Thu, Nov 17, 2016 at 3:41 PM Subject: GS #2395 (employee social security numbers published...) To: Chris O'Hare <chrisoharegulfstreamegmail.com> Good afternoon, Mr. O'Hare: Please see attached. Have a GRAND evening! JZ4, Rx'W .t. $441d Executive Administrative Assistant Town of Gulf Stream ioo Sea Road Gulf Stream FL 33483 .r;61.276.S1i6 .r;61.7.q7.oi88-fax wrwv.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. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 26, 2016 Chris O'Hare [mail to: chrisohareeulfstream(i ,mnail.coml Re: GS #2395 (employee social security numbers published on Town web site again - REPLACEMENT) 1 request to inspect any public record* in the custody of the Town of Gulf Stream ** created or received since this past Sunday which is concerning confidential information the Town published on its web site and which information was subsequently substantially redacted on Nov. 9, 2016. Please produce all public records that exist at the time you receive this request. I am not requesting any information from these records or information about these records. I am also not requesting you create a responsive record in order to respond to this request. Dear Chris O'Hare [mail to: chrisohareculfstream(cemail.coml: The Town of Gulf Stream has received your public records request dated November 10, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.ore/weblink/O/doc/103521 /Paeel.aspxx The Town has spent at least 15 minutes on your request and now estimates that to respond to your request will require approximately an additional half hour of administrative support at $37.34 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(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. (1/2 hour @ $37.34) = Deposit Due: $18.67 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 request closed. Sincerely, v e 1z"I d Riaw ..9"tl As requested by Rita Taylor Town Clerk, Custodian of the Records