HomeMy Public PortalAboutPRR 16-2421Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Saturday, December 3, 2016 9:54 AM
To: Bill Thrasher, Rita Taylor, Renee Basel
Subject: Public Record Request - POLICE CHIEF TERMINATION AND APPOINTMENT RECORDS
Attachments: Agenda wBack-up - page 1.pdf
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 the
upcoming public hearing to be held on December 9, 2016. 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).
" R e s p o n d t o t h i s p u b l i c r e c o r d r e q u e s t i n a s i n g u l a r m a n n e r a n d d o n o t c o m b i n e t h i s
r e q u e s t w i t h a n y o t h e r p u b l i c r e c o r d r e q u e s t s w h e n r e s p o n d i n g t o t h i s r e q u e s t .
" O n c e y o u h a v e d e t e r m i n e d t h a t y o u d o o r d o n ' t h a v e a n y r e c o r d s i n y o u r
c u s t o d y r e s p o n s i v e t o t h i s r e q u e s t , i m m e d i a t e l y a c t t o o b t a i n a n y r e s p o n s i v e r e c o r d s
t h a t m a y b e i n t h e c u s t o d y o f y o u r c o n t r a c t o r ( s ) o r o t h e r p a r t i e s .
" P r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s .
" I f r e c o r d s r e s p o n s i v e t o t h i s r e q u e s t a r e n o t p r e s e n t l y a v a i l a b l e b u t y o u e x p e c t t h a t
t h e y w i l l s o o n b e a v a i l a b l e I r e q u e s t t h a t y o u p r o d u c e t h e r e c o r d s a s s o o n a s t h e y a r e
a v a i l a b l e .
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p r o m p t l y a c k n o w l e d g e r e c e i p t o f t h i s p u b l i c r e c o r d s r e q u e s t a n d ( 2 ) m a k e a g o o d f a i t h e f f o r t w h i c h
" i n c l u d e s m a k i n g r e a s o n a b l e e f f o r t s t o d e t e r m i n e f r o m o t h e r o f f i c e r s o r e m p l o y e e s w i t h i n t h e a g e n c y
w h e t h e r s u c h a r e c o r d e x i s t s a n d , i f s o , t h e l o c a t i o n a t w h i c h t h e r e c o r d c a n b e a c c e s s e d . " I a m ,
t h e r e f o r e , r e q u e s t i n g t h a t y o u n o t i f y e v e r y i n d i v i d u a l a n d e n t i t y i n p o s s e s s i o n o f r e c o r d s t h a t m a y b e
r e s p o n s i v e t o t h i s p u b l i c r e c o r d s r e q u e s t , i n c l u d i n g i n d i v i d u a l s a n d e n t i t i e s u n d e r c o n t r a c t w i t h y o u r
a g e n c y , t o p r e s e r v e a n d p r o d u c e a l l r e s p o n s i v e r e c o r d s o n a n i m m e d i a t e b a s i s .
I f y o u c o n t e n d t h a t a n y o f t h e r e c o r d s I a m s e e k i n g , o r a n y p o r t i o n t h e r e o f , a r e e x e m p t f r o m
i n s p e c t i o n o r d i s c l o s u r e p l e a s e c i t e t h e s p e c i f i c e x e m p t i o n a s r e q u i r e d b y � 1 1 9 . 0 7 ( 1 ) ( e ) o f t h e F l o r i d a
S t a t u t e s a n d s t a t e i n w r i t i n g a n d w i t h p a r t i c u l a r i t y t h e b a s i s f o r y o u r c o n c l u s i o n s a s r e q u i r e d
b y � 1 1 9 . 0 7 ( 1 ) ( f ) o f t h e F l o r i d a S t a t u t e s . P r o d u c e f o r m y i n s p e c t i o n a l l r e s p o n s i v e r e c o r d s a n d O N L Y
r e d a c t t h a t p o r t i o n o f t h e r e c o r d t h a t y o u c o n s i d e r e x e m p t . T o b e c l e a r , i f y o u c o n s i d e r a n e n t i r e
r e c o r d t o b e e x e m p t , p r o d u c e t h a t r e c o r d i n i t s e n t i r e t y w i t h a l l p o r t i o n s r e d a c t e d t h a t y o u c o n s i d e r
e x e m p t . I s p e c i f i c a l l y a s k y o u t o d o t h i s i n o r d e r t h a t I m a y i n s p e c t f u l l y r e d a c t e d r e c o r d s f o r t h e
p u r p o s e o f c h a l l e n g i n g a p a r t i c u l a r r e d a c t i o n o r e s t a b l i s h i n g a r e f e r e n c e f o r a f u t u r e r e q u e s t o f a
r e c o r d t h a t i s o n l y t e m p o r a r i l y e x e m p t , a s i n t h e c a s e o f a p u b l i c r e c o r d t h a t w a s p r e p a r e d b y a n
a g e n c y a t t o r n e y e x c l u s i v e l y f o r l i t i g a t i o n a n d i s o n l y e x e m p t f r o m d i s c l o s u r e u n t i l t h e c o n c l u s i o n o f t h e
l i t i g a t i o n .
I f t h e p u b l i c r e c o r d s b e i n g s o u g h t a r e m a i n t a i n e d b y y o u r a g e n c y o r c o n t a c t o r s f o r y o u r a g e n c y , i n a n
e l e c t r o n i c f o r m a t p l e a s e p r o d u c e t h e r e c o r d s i n t h e o r i g i n a l e l e c t r o n i c f o r m a t i n w h i c h t h e y w e r e
c r e a t e d o r r e c e i v e d . S e e � 1 1 9 . 0 1 ( 2 ) ( f ) , F l o r i d a S t a t u t e s .
A g a i n I a s k t h a t y o u p r o v i d e o n l y t h o s e r e c o r d s f o r i n s p e c t i o n t h a t d o n o t r e q u i r e e x t e n s i v e u s e o f
i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r b o t h i n e x c e s s o f 1 5 m i n u t e s . T a k e n o t e
o f � 1 1 9 . 0 7 ( 4 ) ( a ) 3 . ( d ) F l o r i d a S t a t u e s a n d i f y o u a n t i c i p a t e t h a t a n y r e c o r d s e x i s t , t h e p r o d u c t i o n f o r
i n s p e c t i o n o f w h i c h w i l l r e q u i r e e x t e n s i v e u s e o f i n f o r m a t i o n t e c h n o l o g i e s o r e x t e n s i v e s t a f f t i m e o r
b o t h i n e x c e s s o f 1 5 m i n u t e s , t h e n p l e a s e p r o v i d e t h o s e r e c o r d s t h a t c a n b e p r o d u c e d w i t h i n t h e f i r s t
1 5 m i n u t e s a n d a d v i s e m e o f t h e c o s t y o u a n t i c i p a t e t o b e i n c u r r e d b y y o u r a g e n c y f o r t h e r e m a i n i n g
r e c o r d s p r i o r t o i n c u r r i n g t h i s c o s t . P l e a s e d o n o t i n c u r a n y c o s t s o n m y b e h a l f w i t h o u t f i r s t o b t a i n i n g
m y w r i t t e n a u t h o r i z a t i o n t o p r o c e e d . I f y o u p r o d u c e o n l y a p o r t i o n o f a l l e x i s t i n g r e s p o n s i v e r e c o r d s ,
p l e a s e t e l l m e t h a t y o u r r e s p o n s e i n c l u d e s o n l y a p o r t i o n o f a l l e x i s t i n g r e c o r d s r e s p o n s i v e t o t h i s
r e q u e s t .
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 Agenda for the upcoming Town
Commission meeting scheduled to be held on December 9, 2016 which is attached for your
convenience. Specifically agenda item number IX. B. Appointment of Police Chief.
I request to inspect all public records* in the Town of Gulf Stream,** the subject matter of
which is substantially or partially related to the condition, retirement, termination, resignation
or dismissal of Police Chief Garrett Ward AND any search, application, consideration, review,
investigation, background check or similar public record, the subject matter of which is
substantially or partially related to any candidate for Chief Ward's replacement.
*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
December 2, 2016
MAYOR: Scott W. Morgan
VICE MAYOR: Thomas M. Stanley
COMMISSIONER: Paul A. Lyons, Jr.
Joan K. Orthwein
Donna S. White
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF
THE TOWN OF GULF STREAM ON FRIDAY, DECEMBER 9, 2016 AT 9:00 A.M.
IN THE WILLIAM F. KOCH, JR. COMMISSION CHAMBERS OF THE TOWN HALL, 100
SEA ROAD, GULF STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Pledge of Allegiance.
III. Roll Call.
IV. Minutes of the Regular Meeting of November 10, 2016.
V. Additions, withdrawals, deferrals, arrangement of agenda items.
VI. Announcements.
A. Regular Meetings and Public Hearings
1. January 13, 2017 @ 9:00 A.M.
2. February 10, 2017 @ 9:00 A.M
3. March 10, 2017 @ 9:00 A.M.
4. April 14, 2017 @ 9:00 A.M.
5. May 12, 2017 @ 9:00 A.M.
6. June 9, 2017 @ 9:00 A.M.
VII. Communication from the Public (3 min. maximum)
VIII. Reports.
A. Town Manager
B. Architectural Review 6 Planning Board
1. Meeting Dates
a. December 15, 2016 @ 8:30 A.M.
b. January 26, 2017 @ 6:30 A.M.
c. February 23, 2017 @ 8:30 A.M.
d. March 23, 2017 @ 8:30 A.M.
e. April 27, 2017 @ 8:30 A.M.
f. May 25, 2017 @ 6:30 A.M.
C. Finance Director
1. Financial Report for November 2016
2. Water Usage as of November 30, 2016
D. Police Chief
1. Activity for November 2016
IX. Items for Commission Action.
A. Agreement for Election Services -Palm Beach County Supervisor
of Elections
S. Appointment of Police Chief
C. Items by Mayor 6 Commissioners
X. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID
PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY
NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO
BE BASED. F.S.S. 286.0105
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
December 6, 2016
Chris O'Hare [mail to: chrisohare lfstream ail.com
Re: GS #2421 (POLICE CHIEF TERMINATION AND APPOINTMENT RECORDS)
I request to inspect all public records* in the Town of Gulf Stream, ** the subject matter of which
is substantially or partially related to the condition, retirement, termination, resignation or
dismissal of Police Chief Garrett Ward AND any search, application, consideration, review,
investigation, background check or similar public record, the subject matter of which is
substantially or partially related to any candidate for Chief Ward's replacement.
Dear Chris O'Hare [mail to: chrisoharegulfstream cpgmail.coml:
The Town of Gulf Stream received your public records requests on December 3, 2016. You
should be able to view your request and a partial response at the following link:
http://www2.gulf-stream.org/weblink/O/doc/l03827/Pa eg 1 aspxx
In future correspondence, please refer to this public records request by the above referenced
numbers.
The Town has spent at least 15 minutes on your request and now estimates that to respond to
your request fully will require approximately an additional hour of administrative support at
$35.60 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.
(One hour @ $35.60 = $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 request closed.
Sincerely,
JZQ+ E klaw" "
As requested by Rita Taylor
Town Clerk, Custodian of the Records
INTER -OFFICE MEMORANDUM
TOWN OF GULF STREAM, FLORIDA
OFFICE OF THE TOWN MANAGER
WILLIAM H. THRASHER
DATE: November 21, 2016
TO: Mayor Morgan and Town Commissioners
RE: Chief of Police, Garrett Ward
Today, after discussion with Mrs. Barbara Ward, it has been determined and agreed that December 1,
2016 will be Police Chief Garrett Ward's retirement date. At the December 9, 2016 Commission meeting
the appointment of a Police Chief will be on the agenda under Commission Action. I hereby recommend
the appointment of Edward Allen as the next Gulf Stream Police Chief.
Renee Basel
From: Renee Basel
Sent: Tuesday, December 13, 2016 10:35 AM
To: 'Chris O'Hare'
Subject: RE: Public Record Request Renewal - Re: GS #2421 (POLICE CHIEF TERMINATION AND
APPOINTMENT RECORDS)
Good morning, Mr. O'Hare:
We have already produced the records from the first 15 minutes of searching regarding this request. Further production
would entail copying Chief Allen's personnel file, which would take approximately an hour to copy and redact. This was
the basis for our estimate of $35.60 provided to you on December 6, 2016. If this is what you seek, then we would need
the estimated deposit of $35.60 prior to that production.
If we have not heard from you within 30 days of this e-mail. We will consider this request closed.
Have a GRAND day!
1411d kaw" F"
Executive Administrative Assistant
Town of Gulf Stream
loo Sea Road
Gulf Stream FL 33483
561.276.5116
561.737.oi88-fax
www.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.
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Saturday, December 10, 2016 11:54 AM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; Renee Basel <RBasel@gulf-
stream.org>
Subject: Public Record Request Renewal - Re: GS #2421 (POLICE CHIEF TERMINATION AND APPOINTMENT RECORDS)
Dear Custodian of Records,
On December 3, 2016 I requested to inspect public records in your custody. That request is attached to this
email for your convenience. You wrote to me on December 6, 2016 that you already spent 15 minutes on the
request and you required an estimated deposit of $35.60 to respond fully to my request. Your response is also
attached to this email for your convenience.
That same day I received your response I wrote to inform you that Mr. Thrasher provided the information to me
verbally and I withdrew my request (see below).
I discovered at the Town meeting held on December 9, 2016 that Mr. Thrasher did not provide the information
I was seeking. Therefore I respectfully ask that you provided for my inspection the records you produced in
your first 15 minutes working on my request. If after inspecting those records I still have not found what I am
looking for I will consider whether or not to pay the estimated deposit you request in order for you to fully
respond to my original request.
Sincerely,
Chris O'Hare
On Tue, Dec 6, 2016 at 9:53 PM, Chris O'Hare <chrisohareeulfstream n,gmail.com> wrote:
Ms. Basel,
Thanks for the estimate but I had a long conversation with Town Manager Thrasher today in Town hall and he
provided me with the information I was trying to discover with this record request.
I therefore withdraw the request.
Sincerely,
Chris O'Hare
On Tue, Dec 6, 2016 at 3:19 PM, Renee Basel <RBasel(c�gulf-stream.org> wrote:
Good afternoon, Mr. O'Hare. Good to see you earlier today.
Please see attached.
Have a GRAND evening!
Jz"I d Row", 9"d
Executive Administrative Assistant
Town of Gulf Stream
loo Sea Road
Gulf Stream FL 33483
,61.276.sn6
.r;61.7.ri7.o188-fax
www.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.
Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Tuesday, December 13, 2016 11:59 AM
To: Renee Basel
Subject: Re: Public Record Request Renewal - Re: GS #2421 (POLICE CHIEF TERMINATION AND
APPOINTMENT RECORDS)
Attachments: PRR 16-2421 - memo.pdf
Dear Ms. Basel,
I am confused by your email. You write, "We have already produced the records from the first 15 minutes of
searching regarding this request."
I apologize for any inconvenience caused you by this email but I can't find the records you claim to have already
produced except for a single memo from Mr. Thrasher located online which I have attached for your reference . Is this
the record that consumed your first 15 minutes of search time? If there is more, may I respectfully ask that you send
these other records to me a second time. Again I apologize for misplacing these documents and I look forward to
inspecting them.
Thank you for your continued assistance in this matter.
Sincerely,
Chris O'Hare
On Tue, Dec 13, 2016 at 10:34 AM, Renee Basel <RBasel cr gulf-stream.org> wrote:
Good morning, Mr. O'Hare:
We have already produced the records from the first 15 minutes of searching regarding this request. Further
production would entail copying Chief Allen's personnel file, which would take approximately an hour to copy and
redact. This was the basis for our estimate of $35.60 provided to you on December 6, 2016. If this is what you seek,
then we would need the estimated deposit of $35.60 prior to that production.
If we have not heard from you within 30 days of this e-mail. We will consider this request closed.
Have a GRAND day!