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HomeMy Public PortalAboutPRR 17-2469Renee Basel From: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent: Friday, January 6, 2017 3:52 PM To: Trey Nazzaro; Renee Basel Cc: Jonathan O'Boyle Subject: Records Request Dear Custodian, I would like to make the following requests under Chap 119 and Art I Sec 24 Fla. Const. I would like Gerry Richman's RICO File that he created on behalf of the Town. I would like Robert Sweetapple's RICO file that was created on behalf of the Town. I would like Jones Foster's RICO file that was created as part of their duties as Town attorney. I would like the Town's RICO file. The above requests are seeking all documents related to the RICO case. To the extent there are emails, voicemails, text messages and memorandum, I would like those. If there is any doubt whether a record will be responsive, let me know, I can work with you guys on clarifying. I will note that I told Joanne in 2015 that she should preserve the Towns Rico files since I will be asking for them at the conclusion of litigation. I would like for estimates in advance, production schedules, and electronic documents where possible or feasible. I suspect that others may be asking for identical information so I am open to coordinating and not reduplicating efforts and/or tiering production. I would like emails sent from Scott Morgan first (please check with him about the use of his private emails and cell phone as he has used them in the past to conduct Town business). As a separate category of requests, I would also like communications (email/text/written) between Scott Morgan and Officer Passagiatta for September 15, 2015 to present. Thank you. I would also like emails between the Town and Jones Foster regarding Martin O'Boyle's Sober House Letter (dated 6/6/14) and Ordinance 14/2 between June 1, 2014 and up to the first reading of Ordinance 14/2. To be clear, I understand Jones Foster is the Town Attorney and I would like their internal communications which regard Martin O'Boyle's Sober House Letter and ordinance 14/2. I would also like all documents where William Thrasher 06.06.14.pdf was an attachment (electronic or otherwise if it was printed out). To help identify that document That PDF was in an email sent June 11, 2014 3:55 p.m. sent by Mr. Thrasher at bthrasherPgulf-stream.ore. I would also like documents (electronic or otherwise) which show the transfer of funds received from permit fees collected pursuant to Resolution 011-7 after the funds were received. I want the records which memorialize where the funds were deposited into (an account i.e. general fund, payroll, ect.). I highlighted the last two requests because I would like those to take priority over all other requests. They are pertinent to pending litigation and thus, the need for these documents is heightened and paramount. If possible, I will be willing to pay a 'rush' service charge to acquire these documents ASAP. Thank you kindly, Please email me back at this email if any questions, comments, concerns arise. Jonathan O'Boyle, Esq., I.I.M. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O'Boyle Law Firm, P.C. www.obovielawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 6obovle@obovielawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 t o b oy l e@ o b oy l e l a wfi r m. co m Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 laboyle@oboyle lawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax -related matter(s) addressed herein. NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 12, 2017 Jonathan O'Boyle [mail to: iobovle(a),obovlelawfirm.coml Re: GS #2469 (Record Request — Robert Sweetapple) 1 would like Robert Sweetapple's RICO file that was created on behalf of the Town. Dear Jonathan O'Boyle [mail to: iobovle(@obovlelawfirm.coml: The Town of Gulf Stream has received your public records request dated January 6, 2017. The original public records request can be found at the following link: htti)://www2.gulf-stream.org/weblink/O/doc/104546/Pagel.ast)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, pp�� R6f+lE R*4d" Amu As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 16, 2017 Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #2469 (Record Request – Robert Sweetapple) I would like Robert Sweetapple’s RICO file that was created on behalf of the Town. Dear Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com]: The Town of Gulf Stream has received your public records request dated January 6, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/104546/Page1.aspx Please be advised that neither Robert Sweetapple, Esq. nor any one at his firm filed an appearance in what you refer to as “RICO”. After hearing back from Sweetapple, Broeker & Varkas, P.L., we are informing you that they do not have a specifically designated “RICO file” responsive to your request. However, in responding to your request in good faith, the firm of Sweetapple, Broeker & Varkas, P.L. have proposed to look for records that contain references to the RICO action to which you refer. As many cases between the Town and the RICO defendants are active, these records will need to be reviewed for attorney work product and redacted, if necessary. The Town now estimates that to respond to your request will require approximately an additional two hours of attorney time in the amount of $350.00 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. (Two hours @ $350.00) = Deposit Due: $700.00 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, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Jonathan O'Boyle <jonathanroboyle@gmail.com> Sent: Thursday, March 16, 2017 6:24 PM To: Renee Basel; Trey Nazzaro; Jonathan O'Boyle Subject: Fwd: FW: GS #2469 (Record Request - Robert Sweetapple) Attachments: GS #2469 (Records Request - Robert Sweetapple)-production.est.pdf Thank you Renee, however, the RICO case I refer to is the one that is now over. As such, no work product protection under 119.071(1)(d)(1) exists. Therefore, no work -product or attorney-client reactions are permitted. To the extent documents need further redaction, the Clerk is tasked - by law - to perform those redactions. What I am seeking is for the Town to retrieve the documents from Mr. Sweetapple, documents which are public records of the Town that are being stored off site, and then to produce them. The work product "exemption exists only until the'conclusion of the litigation ...'even if the disclosure of the information in the concluded case could negatively impact the agency's position in a related case or claims." Gov. In the Sunshine Manual 2016p. 118; State. v. Coca-Cola Bottling Company of Miami, Inc. 582 So.2d 1 (Fla. 4th DCA 1990). With that in mind, I ask the Town to clarify its position. Is it the Town's position that documents created in pursuit of its Rico case (9:15-cv-80182 - the Trial Docket Number for reference), are subject to work product exemption even though the case has concluded? ---------- Forwarded message ---------- From: Jonathan O'Boyle <joboYle(a)obovlelawfirm.com> Date: Thu, Mar 16, 2017 at 4:15 PM Subject: FW: GS #2469 (Record Request - Robert Sweetapple) To: Jonathan O'Boyle <jonathanrobovle(a),amail.com> Jonathan O'Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O'Boyle Law Firm, P.C. www.oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 ioboyle( oboylelawflrm.com New Jersev Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 ioboylea,,oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 loboyle6i�oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax -related matter(s) addressed herein. NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Renee Basel [ma !Ito:RBaseK@gulf-stream.org] Sent: Thursday, March 16, 2017 3:43 PM To: Jonathan O'Boyle Subject: GS #2469 (Record Request - Robert Sweetapple) Good afternoon, Jonathan! Please see attached. SSiincerely, .944d Executive Administrative Assistant Town of Gulf Stream loo Sea Road Gulf Stream FL 33483 561.276..•,116 561.7�7.o188-fax www.p lf-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. Jonathan O'Boyle, Esq., LLM. The O'Boyle Law Firm, P.C. www.obovielawfirm.com Ioboyle@oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-364f New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax -related matter(s) addressed herein. NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 28, 2017 Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #2469 (Record Request – Robert Sweetapple) I would like Robert Sweetapple’s RICO file that was created on behalf of the Town. Dear Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com]: The Town of Gulf Stream has received your public records request dated January 6, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/104546/Page1.aspx The Town has previously provided you with the RICO case files of Jones, Foster, Johnston & Stubbs, and Richman Greer, in their entirety. It is not the Town’s position that documents created in pursuit of its RICO case are subject to the work product exemption, as these voluminous files were provided to you without the need to request an estimate allotting for the review and redaction of exempt attorney work product. However, as stated in our prior correspondence, Robert Sweetapple, Esq., never made an appearance in the RICO case, and the firm of Sweetapple, Broeker & Varkas, P.L. does not have a specifically designated RICO file. However, the Town, through outside counsel, is in possession of documents produced by Robert Sweetapple, Esq. in response to requests to produce served by the Plaintiff in Denise DeMartini v. Town of Gulf Stream and is making these available to you, to the extent you may find them to be responsive to your request. You can access them by going to the Town’s website, www.gulf-stream.org and click on “Find a Record”, “Legal”, “Lawsuits”, “Denise Demartini”. As a courtesy to you, the Town previously responded in good faith by proposing a broad search of various other case files, including active state cases, for references to the RICO case, which resulted in the estimate for redactions of attorney work product. The Town estimates that to respond to your request, in this manner, will require approximately an additional two hours of attorney time in the amount of $350.00 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. (Two hours @ $350.00) = Deposit Due: $700.00 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, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records