The URL can be used to link to this page

Home My Public Portal AboutPRR 16-2431RECORDS REQUEST (the "Request") Date of Request: 12/9/2016 Requestor's Request ID#: 1358 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 records(a),commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In the last 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: "But the quantity of these requests was simoly not manageable and some documents were inadvertently missed." Please provide all records which demonstrate that the last sentence of the fourth paragraph in the above quoted language is true and correct. See 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 emolovees its officers, its staff. its Police Department. its Police Officers: including without limitation the attorneys, employees and partners of the following law films• Sweetapple Broeker & Varkas• Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole Scott & Kissane P.A.: and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, 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 $119.01(21(7). FLORIDA STATUTES, IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (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 6119.07(l)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT -IF A CIVIL ACTION IS 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 BY E-MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requcstor approve of any costs, asserted by the Agency (as defined in Florida Stalule, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requeslor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS 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 Search The Coas1a15tar earch - Sien IJn sign In "Coastalr;�Star Main •Classifieds Contact Us Events My Page • News • Photos •Talk • Videos • Your Conrm miry • All Discussions • My Discussions • Add Letter to the Editor: Gulf Stream confident it's on the right track • Posted by Mery Kale Lemine on November2, 2016 at 1:47pm in Island Talk • Vicw 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 Ieamed through its RICO investigation about other Florida abuses committed by the O'Boyle Law Finn 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 several a week In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a WE Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six 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 off other town responsibilities; they hunted through old file cabinets and closed lend -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 of people 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 a "gotcha" photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good -faith effort to locate all 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 ajudge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future. The town is confident that under Florida taw, 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.comlforumltopicslletter-to-the-editor-gulf-stream-confident-it-s-on-the... TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 13, 2016 Martin E. O'Boyle [mail to: records(a),commerce-group.coml Re: GS #2431(PRR 1358) In the last 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 trach Scott Morgan states the following: "But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed. " Please provide all records which demonstrate that the last sentence of the fourth paragraph in the above quoted language is true and correct. See attached Exhibit A. Dear Martin E. O'Boyle [mail to: records(@commerce-group.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: http://www2.gulf-stream.org/weblink/O/doc/104035/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, " 1401d Rlaw" As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA January 31, 2017 Martin E. O'Boyle [mail to: records(@commerce-group.coml Re: GS #2431 (PRR 1358) In the last 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: "But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed. " Please provide all records which demonstrate that the last sentence of the fourth paragraph in the above quoted language is true and correct. See attached Exhibit A. Dear Martin E. O'Boyle [mail to: records(a)commerce-group.coml: The Town of Gulf Stream has received your public records requests dated December 16, 2016. You should be able to view your original request at the following link: htto://www2.gulf-stream.orglweblink/O/doc/104035/Pavel . aspxx Records that demonstrate the "quantity of these requests was simply not manageable" can be found at the following links: 2013: http://www2.gulf-stream.orglweblink/O/doc/67210/Pa eg 1_aspx http://www2.gulf-stream.org/weblink/O/doc/69077/Pa eg 1_aspx 2014: httv://www2.gulf-stream.org/weblink/O/doc/67211/Pagel.asox If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, g77 A Jzealed rzatUl,.s+ � As requested by Rita Taylor Town Clerk, Custodian of the Records