HomeMy Public PortalAboutPRR 17-2488Renee Basel
From: Chris O'Hare <chrisoharegulfstream@gmail.com>
Sent: Sunday, January 29, 2017 5:09 PM
To: Bill Thrasher, Rita Taylor, Renee Basel
Subject: Request to Inspect the record of any letters or emails sent from Town Attorney Joanne
O'Connor to Town resident Martin O'Boyle dated Jan 26, 2017
Dear Custodian of Records,
I request to inspect certain public records in the custody of the Town of Gulf Stream including in the custody of the
Town Attorney. Please ask the Town Attorney if she has any responsive records besides the ones you may have. The
records I request to inspect are any Town of Gulf Stream* public records** of letters or emails
sent from Town Attorney Joanne O'Connor to Town resident Martin O'Boyle dated Jan 26,
2017.
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.
• 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.
" I d e n t i f y b y n a m e t h e p e r s o n o r p e r s o n s r e s p o n d i n g t o t h i s r e q u e s t i f t h a t p e r s o n i s n o t t h e C u s t o d i a n o f
R e c o r d s f o r y o u r a g e n c y a s r e q u i r e d b y 1 1 9 . 0 7 0 ) ( b ) .
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" 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 .
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a v a i l a b l e .
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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
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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
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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
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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 ,
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.
*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.
**The term "public records" when used herein has the same meaning and scope as the definition of
Public Records adopted by the Florida Legislature as Statutes Chapter 119.
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
January 30, 2017
Chris O'Hare [mail to: chrisoharegulfstreain( gmail.com]
Re: GS #2488 (Request to inspect the record of any letters or emails sent from Town Attorney
Joanne O'Connor to Town resident Martin O'Boyle dated Jan 26, 2017)
The records I request to inspect are any Town of Gulf Stream * public records** of
letters or emails sent from Town Attorney Joanne O'Connor to Town resident Martin
O'Boyle dated Jan 16, 1017.
Dear Chris O'Hare [mail to: chrisoharegulfstreamCaDgmail.coml:
The Town of Gulf Stream has received your public records request dated January 29, 2017. The
original public records request can be found at the following link:
hft://www2.gulf-strearn.org/weblink/O/doc/104984/Pagel.asvx
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"
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 15, 2017
Chris O'Hare [mail to: chrisoharegulfstreamaQanail.coml
Re: GS #2488 (Request to inspect the record of any letters or emails sent from Town
Attorney Joanne O'Connor to Town resident Martin O'Boyle dated Jan 26, 2017)
The records I request to inspect are any Town of Gulf Stream * public records ** of letters or
emails sent from Town Attorney Joanne O'Connor to Town resident Martin O'Boyle dated Jan
26, 2017.
Dear Chris O'Hare [mail to: chrisohareeulfstream(@¢tnail.coml:
The Town of Gulf Stream has received your public records requests dated January 29, 2017.
You should be able to view your original request and response at the following link:
htty://www2.gulf-stream.ore/weblink/O/doc/104984/Paee l .aspx
The Town has also attached them for your convenience. We consider this request closed.
Sincerely,
i:",d JZ"" $44.e1
As requested by Rita Taylor
Town Clerk, Custodian of the Records
Renee Basel
From: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Sent: Thursday, January 26, 2017 11:22 AM
To: Marty O'Boyle
Cc: Randolph, John C.
Subject: RE: Gulf Stream\O'Boyle Cases; Judge Small Case
Marty —
My client is and always has been willing to entertain a reasonable settlement offer from you that we can take to
the Town Commission for consideration, whether as to one case or multiple cases. However, the Town does
not believe that a full day mediation will be productive at this time.
Thanks,
Joanne
JONESFOSTER
- Jull�StpYk51Vkk6 rA
Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney
Telephone: 561.650.0498 1 Face: 561.650.5300 1 ioconnor 'onesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Marty O'Boyle [mailto:moboyle@commerce-group.com]
Sent: Tuesday, January 24, 2017 5:36 PM
To: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Subject: FW: Gulf Stream\O'Boyle Cases; Judge Small Case
This message originated from outside your organization
Joanne — much appreciated.
Thank you.
Do you have an idea as to when I may hear from you regarding our recent conversation?
PS: Do you or the Town have any interest in settling the Judge Small case (which I was just reminded of -as it is #1 on
your list!)?
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, FI. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: moboyle(cDcommerce-group.com
Web Page: www.commerce-group.com
From: OConnor, Joanne M.[mailto:]OConnorCaljonesfoster.com]
Sent: Tuesday, January 24, 2017 5:30 PM
To: Marty O'Boyle
Cc: William Ring
Subject: RE: Gulf Stream\O'Boyle Cases
Here is what I have for public records and other cases brought by you or your entities and by CAFI. Let me
know if you disagree.
JONESFOSTER
Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney
Telephone: 561.650.0498 1 Pax: 561.650.5300 1 ioconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Marty O'Boyle [mailto:mobovle@commerce-group.coml
Sent: Tuesday, January 24, 2017 1:51 PM
To: OConnor, Joanne M. <JOConnor@ionesfoster.com>
Cc: William Ring <wrine@commerce-group.com>
Subject: Gulf Stream\O'Boyle Cases
This message originated from outside your organization
Joanne —could you send me your case sheet so we know we are singing out of the same hymn book?
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, FI. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: moboyle(cDcommerce-aroup.com
Web Page: www.commerce-group.com
Renee Basel
From: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Sent: Thursday, January 26, 2017 11:28 AM
To: Marty O'Boyle
Subject: RE: Gulf Stream\O'Boyle Cases; Judge Small Case
Marty—
Your position below, which suggests that any settlement of every case against the Town must involve payment
and an admission of liability by the Town seems to contradict our telephone conversations. I do not believe it is
good faith for you to expect that an admission of liability and payment of attorney's fees to you by the Town in
each and every case. Good faith settlement efforts involve a recognition on both sides of the strengths and
weaknesses of their respective positions. And because the only issue in a public records suit is whether a
violation occurred or not, and does not implicate damages, settlement discussions must begin with that issue
and not the issue of attorney's fees to which your lawyers may be entitled.
Regards,
Joanne
JONESFOSTER
tuussu��nsu ons.rs.
Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney
Telephone: 561.650.0498 1 Fax: 561.650.5300 1 joconnor(@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfostcr.com
Incoming etnails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Marty O'Boyle [mailto:moboyle@commerce-group.com]
Sent: Wednesday, January 25, 2017 6:56 AM
To: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Subject: Re: Gulf Stream\O'Boyle Cases; Judge Small Case
This message originated from outside your organization
Joanne - I do not want to debate the validity of the litigation in Judge Small's case. All I know is that the costs keep rising.
I have no interest on a walk away and I am not intimidated by the Town's unending 57.105 letters.
One thing that I have learned in connection with my dealings with the Town's battery of counsellors; and that is that Sweetapple and
your firm (in my opinion) are unnecessarily fleecing the Town's taxpayers. In that connection, it further appears that certain of the
Town's lawyers appear to be making a fortune with their many unnecessary actions. Your firm and the Sweetapple firm have created a
"cottage industry" by representing a Town with an "out of control" mayor and a populous is not paying attention to the costs.
Incidentally, when you or Sweetapple make your next disparaging speech to the Town's residents, why not tell the taxpayers how fat
the pockets of the lawyers have gotten.
Joanne - I think what I just said is the reason that you are withdrawing from these litigation... quite frankly, from a distance, it looks
like you and Sweetapple are of a different ilk. Joanne, I don't see you as being a creep. Please don't prove me wrong.
If t what you said below is the start of what you and the Town view as good faith settlement efforts (and the below is a hint on how the
Town wishes to settle one, several or all matters), count me out.
Now, the above aside, if the Town is interested in a settlement they will make a reasonable effort to make that happen.
I now leave things in your hands.
PS: my book is almost full for February. I do however have (as of this moment) next Thursday and Friday available. After that, I don't
yet know.
I look forward to hearing from you, but walkaways and threats will not get us out of the starting gate.
Your signals are unclear. Please do not waste my time!
Thank you and good day.
Martin E. O'Boyle,
Commerce Group, Inc.
1280 W. Newport Center Drive
Deerfield Beach, FL. 33441
Direct Dial., 954-570-3505
Fax: 954-36007
Cell: 561-213-3486
Email: mobovlelacommeme-erouo.com
Web Page: www.commerce-erouo.com
— Original message -----
From: OConnor, Joanne M.
Date: Tue, Jan 24, 2017 5:50 PM
To: Marty O'Boyle;
Cc:
Subject:RE: Gulf Steam\O'Boyle Cases; Judge Small Case
You will hear from me by Thursday noon if not sooner (I will be out Thursday afternoon and Friday).
The Town felt very good following the trial of the case before Judge Small. I do note that the Town has pending
a Motion for Sanctions pursuant to Fla. Stat. 57.105 in that case and might consider a proposal from you to
dismiss your claims in exchange for a withdrawal of the Town's request for fees. Again, I encourage you to
either make reasonable, individual offers or a global offer that can be discussed with the commission in a
shade meeting and responded to accordingly.
JONESFOSTER
Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney
Telephone: 561.650.0498 1 Fax: 561.650.5300 1 joconnor_,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, % est Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete die original message.
From: Marty O'Boyle [mailto:mobovle(@commerce-¢roup.com)
Sent: Tuesday, January 24, 2017 5:36 PM
To: OConnor, Joanne M. <JOConnor@ionesfoster.com>
Subject: FW: Gulf Stream\O'Boyle Cases; Judge Small Case
This message originated from outside your organization
Joanne —much appreciated.
Thank you.
Do you have an idea as to when I may hear from you regarding our recent conversation?
PS: Do you or the Town have any interest in settling the Judge Small case (which I was just reminded of- as it is #1 on
your list!)?
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, FI. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: moboyle .commerce-group.com
Web Page: www.commerce--qroup.com
From: OConnor, Joanne M.[mailto:]OConnor(abjonesfoster.comj
Sent: Tuesday, January 24, 2017 5:30 PM
To: Marty O'Boyle
Cc: William Ring
Subject: RE: Gulf Stream\O'Boyle Cases
Here is what I have for public records and other cases brought by you or your entities and by CAFI. Let me
know if you disagree.
JONESFOSTER
Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney
Telephone: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor_jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Ilagler Center Tower, 505 South Ilagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.jonesfoster.com
Incoming emails are filtered which may delay receipt. 'I'his email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Marty O'Boyle (mailto:mobovlePcommerce-group.coml
Sent: Tuesday, January 24, 2017 1:51 PM
To: OConnor, Joanne M. <JOConnor@oonesfoster.com>
Cc: William Ring <wring(@commerce-group.com>
Subject: Gulf Stream\O'Boyle Cases
This message originated from outside your organization
Joanne —could you send me your case sheet so we know we are singing out of the same hymn book?
Martin E. O'Boyle,
Commerce Group, Inc
1280 W. Newport Center Drive
Deerfield Beach, FI. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: moboyle(ocommerce-group.com
Web Page: www.commerce-group.com