HomeMy Public PortalAboutPRR 16-2428Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Friday, December 9, 2016 7:02 AM
To: Bill Thrasher, Rita Taylor; Renee Basel
Subject: Public Record Request - communications about creating and publishing the Town's
Record Request Log
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.
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.
• 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.
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 public records log published on the
Town of Gulf Stream web site. This is the log where the Town notes which requests were sent
to the Town, what the request was for, who sent the request, what is the status of the Town's
response, etc.
I request to inspect any public record* in the custody of the Town of Gulf Stream** which is a
communication regarding the creation of the public records log referenced above.
Please do NOT produce in your response any logs, drafts of logs, or other records that are not
records of communication. This request is limited to records of communication only, such as
emails, letters, text messages and similar records.
Also please do NOT produce in your response any records of communication created 30 days
or longer after the log was first published.
I am specifically requesting to inspect records that relate to the decision to create the log and
the decision to publish the log online.
I am anxious to inspect any records responsive to this request as soon as possible. I therefore
request that you produce whatever records you find as you find them, rather than waiting to
respond until after you have found all responsive records. May I inspect these records
sometime early next week?
*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
December 13, 2016
Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml
Re: GS #2428 (communications about creating and publishing the Town's Record Request
Log)
I request to inspect any public record* in the custody of the Town of Gulf Stream**
which is a communication regarding the creation of the public records log referenced
above.
Please do NOT produce in your response any logs, drafts of logs, or otter records that
are not records of communication. This request is limited to records of communication
only, such as emails, letters, text messages and similar records.
Also please do NOT produce in your response any records of communication created 30
days or longer after the log was first published.
I am specifically requesting to inspect records that relate to the decision to create the
log and the decision to publish the log online.
1 am anxious to inspect any records responsive to this request as soon as possible. I
therefore request that you produce whatever records you find as you find them, rather
than waiting to respond until after you have found all responsive records. May I inspect
these records sometime early next week?
Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml:
The Town of Gulf Stream has received your public records request dated December 9, 2016. The
original public records request can be found at the following link:
h!M://www2.gulf-stream.org/weblink/O/doc/104032/Pagel.asox
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,
Ref -d Jzaw" DH?cr
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 11, 2017
Chris O'Hare [mail to: chrisohareeulfstreamaemail.com]
Re: GS #2428 (communications about creating and publishing the Town's Record Request
Log)
I request to inspect any public record* in the custody of the Town of Gulf Stream ** which is a
communication regarding the creation of the public records log referenced above.
Please do NOT produce in your response any logs, drafts of logs, or other records that are not
records of communication. This request is limited to records of communication only, such as
emails, letters, text messages and similar records.
Also please do NOTproduce in your response any records ofcommunication created 30 dgvs or
longer after the log was first published.
I am specifically requesting to inspect records that relate to the decision to create the log and the
decision to publish the log online.
Dear Chris O'Hare [mail to: chrisohareeulfstreamna,¢mail.coml:
The Town of Gulf Stream has received your public records request dated December 9, 2016. The
original public records request can be found at the following link:
htto://www2.eulf-stream.org/weblink/0/doc/104032/Pagel asox
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 you with a response at the same link above.
The Town estimates to fully respond to your request will require an additional 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.
(One hour at 37.34) = Deposit Due: $37.34 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,
RtIld Ru4U44, 944d
As requested by Rita Taylor
Town Clerk, Custodian of the Records