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Home My Public Portal AboutPRR 16-2446RECORDS REQUEST (the "Request") Date of Request: 12/23/2016 Requestor's Request ID#: 1368 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 recordsna,commerce-soup.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: In the second sentence of the Letter to the Editor Gulf Stream confident it's on the right track" which was posted in The Coastal Star by Mary Kate Leming on November 2, 2016 at 1:47 p.m. which is attached as Exhibit A and which reads as follows: "Town Hall became virtually unable to serve Gulf Stream residents." Please Drovide all records which confirm the truth and correctness of the above quoted language. 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 emplovees, its officers, its staff. its Police Department, its Police Officers: including, without limitation. the attorneys, emolovees and Dartners of the following law firms: Sweetapole. 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 I, 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 6119.01(2)(Fl. 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 §119.07(i)(H) OF THE FLORIDA STATUTES. WHICH PROVIDES THAT -IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE TI IF PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUS"I"ODI 4N OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT .I I'RISDICTION 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 Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Dennitions)), In advance of any costs imposed to the Requestor 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". UP/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 Coastal Star Search • Sign up • Sign In V. ThCoasta E ar Main • clnssifieda • Contact Us Events My Pn"e • Ncwa Photus Talk Videos • Your Community • All Discussions • My Discussions Add Letter to the Editor: Gulf Stream confident it's on the right track • Posted by Mary Kale Leming on November 2, 2016 at 1:47pm in Island Tnik • View 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 learned through its RICO investigation about other Florida abuses committed by the O'Boyle Law Firm 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 half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four ofthem, and won verdicts or forced the dismissal of six additional non-public records lawsuits. 1 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 land -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 -haystack 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 law, 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.com/forum/topics/letter-to-the-editor-gulf-stream-confident-it-s-on-the... TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via c -mail December 27, 2016 Martin E. O'Boyle [mail to: recordsAcommerce-groun.coml Re: GS #2446 (PRR 1368) In the second sentence of the Letter to the Editor Gulf Stream confident it's on the right track" which was posted in The Coastal Star by Mary Kate Leming on November 2, 1016 at 1:47p.m. which is attached as ExhibitA and which reads as follows: "Town Hall became virtually unable to serve Gulf Stream residents. " Please provide all records which confirm the truth and correctness of the above quoted language. Dear Martin E. O'Boyle [mail to: records(a.commerce-eroumcoml: The Town of Gulf Stream has received your public records request dated December 23, 2016. The original public records request can be found at the following link: hn://www2.gulf-stream.org/weblink/O/doc/104184/Pagel.asi)x 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, e I�Gi+eE IZ4DD"W" A As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail January 31, 2017 Martin E. O'Boyle [Mail to: records(@,commerce-group.com Re: GS #2446 (PRR 1368) In the second sentence of the Letter to the Editor Gulf Stream confident it's on the right track" which was posted in The Coastal Star by Mary Kate Leming on November 2, 2016 at 1:47 p.m. which is attached as Exhibit and which reads as follows: "Town Hall became virtually unable to serve Gulf Stream residents. " Please provide all records which confirm the truth and correctness of the above quoted language. Dear Martin E. O'Boyle [Mail to: recordsCacommerce-group.coml: The Town of Gulf Stream received your public record request on December 23, 2016. Your request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doe/I 04184/Pagel.aspxx The Town would like to request clarification on the records you seek before determining whether to provide you with an estimate for the extensive use of information, technology, resources or extensive clerical or supervisory assistance as described in Fla. Stat. § 119.07(4)(d). We do not understand your request to seek any particular records and cannot respond in good faith absent your clarification. This request for clarification is done as a courtesy to you to ensure the Town is able to accurately and promptly provide you with either an estimate, if necessary, or production of the public records you seek. If the Town does not receive clarification from you within 30 days, it will consider this matter closed. Sincerely, R I R"" D6v7.e1. As requested by Rita Taylor, Town Clerk Custodian of the Records