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HomeMy Public PortalAboutPRR 16-2414Renee Basel From: Chris O'Hare<chrischaregulfstream@gmail.com> Sent: Tuesday, November 22, 2016 9:24 AM To: Bill Thrasher, Rita Taylor, Renee Basel Subject: Public Record Request - administrative support to search for record - GS #2298 ("flipping the bird" or "giving the middle finger" statement) Attachments: GS #2298 (flipping the bird or giving the middle finger statement).pdf Dear Custodian of Records, I am in receipt of your email (forwarded herein) regarding my request to inspect any public record containing Mr. Randolph's "blue" remark about one of my digitum. You write to acknowledged my payment of a deposit of $57.84 and state, Please be advised that there are no such records. We consider this request closed. " I remind you that when you requested on August 31, 2016 that I pay this deposit you wrote: The Town estimates that to fidly respond to your request will require an additional two hours of administrative support at $28.92 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the costs ofproducing 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. I have not received a request from you to pay for additional administrative support for your fruitless search nor have I received a refund from you for any unspent deposit. Therefore I conclude the labor for additional administrative support must have either exactly equaled your estimate of $57.84 or you have chosen not to charge me for the cost of labor that may have exceeded your estimate. I request to inspect any record related to your calculation of your original estimate of $57.84 and any record related to the actual labor consumed in your fruitless search. The records I anticipate to be responsive to this request may include but not be limited to time cards, work sheets, time recording forms, electronic files, data entries, payroll forms, compensation forms and communication records in the form of emails, text messages, notes, memos. letters, phone logs and similar records. The records I request to inspect are 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. 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 119.070)(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 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. 3 **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 ,gulf-stream.org> Date: Wed, Sep 14, 2016 at 10:09 AM Subject: GS #2298 ("flipping the bird" or "giving the middle finger" statement) To: Chris O'Hare <chrisoharegulfstreamamemail.com> 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. 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 23, 2016 Chris O'Hare [mail to: chrisohareeulfstream(a,email.coml Re: GS #2414 (administrative support to search for record GS #2298) I request to inspect any record related to your calculation of your original estimate of $57.84 and any record related to the actual labor consumed in your fruitless search. The records I anticipate to be responsive to this request may include but not be limited to time cards, work sheets, time recording forms, electronic files, data entries, payroll forms, compensation forms and communication records in the form of emails, text messages, notes, memos. letters, phone logs and similar records. Dear Chris O'Hare [mail to: chrisohareeulfstream(i�grnail.coml: The Town of Gulf Stream has received your public records request dated November 22, 2016. The original public records requests can be found at the following links: httv://www2.Lrulf-stream.org/weblink/O/doc/I 03449/Pagel .aspx Please be advised that there are no such records of time cards, work sheets, time recording forms, electronic files, data entries, payroll forms, compensation forms or communication records in the form of emails, text messages, notes, memos, letters, phone logs or similar records. However, the Town spent two hours listening to cassette tapes of the May 10, 2013 Commission Meeting, the May 14, 2013 Special Magistrate Meeting and the May 23, 2013 ARPB Meering to determine if they were responsive to your request after you clarified it was at a hearing in mid-May, 2013. The tapes are available for copying if you believe they would be responsive to this request. If the Town has not heard from you within 30 days, it will consider this request closed. Sincerely, As requested by Rita Taylor Town Clerk, Custodian of the Records