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HomeMy Public PortalAboutPRR 17-2504Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Thursday, February 16, 2017 11:22 PM To: Rita Taylor, Renee Basel Subject: Public Record Request - 3 most recent correspondence sent from another agency about personal information published on Town website 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. 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 understand that the Office of State Attorney in Palm Beach County recently completed a criminal investigation of the Town of Gulf Stream into allegations that the Town Clerk's Office released personal employee information on the Town's website. I also understand that the Town was contacted by Ms. Becky King, Office of Citizen Services, Florida Attorney General's Office regarding the same matter. I request to inspect the three most recent correspondences received by the Town from anyone representing a government agency, other than the Town of Gulf Stream, in which the subject matter of the correspondence was partially or substantially concerning Social Security numbers or other personal information published on the Town's website. *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 Town Officials, Town Employees, Town Attorney, and any other entity associated with the Town and subject to public records law. 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. 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 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 February 17, 2017 Chris O'Hare [mail to: chrisoharegulfstream(ia grnail.coml Re: GS #2504 (3 most recent correspondence sent from another agency about personal information published on Town website) I understand that the Office of State Attorney in Palm Beach County recently completed a criminal investigation of the Town of Gulf Stream into allegations that the Town Clerk's Office released personal employee information on the Town's website. I also understand that the Town was contacted by Ms. Becky King, Office of Citizen Services, Florida Attorney General's Office regarding the same matter. I request to inspect the three most recent correspondences received by the Town from anyone representing a government agency, other than the Town of Gulf Stream, in which the subject matter of the correspondence was partially or substantially concerning Social Security numbers or other personal information published on the Town's website. Dear Chris O'Hare [mail to: chrisoharegulfstream(a,email.coml: The Town of Gulf Stream has received your public records request dated February 16, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/l09184/Pa el.asnx 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, IZ" klow" " As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 31, 2017 Chris O'Hare [mail to: chrisoharegulfstreaml7a,gmail.com Re: GS #2504 (3 most recent correspondence sent from another agency about personal information published on Town website) I understand that the Office of State Attorney in Palm Beach County recently completed a criminal investigation of the Town of Gulf Stream into allegations that the Town Clerk's Office released personal employee information on the Town's website. I also understand that the Town was contacted by Ms. Becky King, Office of Citizen Services, Florida Attorney General's Office regarding the same matter. I request to inspect the three most recent correspondences received by the Town from anyone representing a government agency, other than the Town of Gulf Stream, in which the subject matter of the correspondence was partially or substantially concerning Social Security numbers or other personal information published on the Town's website. Dear Chris O'Hare [mail to: chrisoharegulfstreamCa gtnail.coml: The Town of Gulf Stream has received your public records request dated February 16, 2017. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/O/doc/I09184/Pa el.asnx 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. While we believe that there are no more records responsive to your request for "3 most recent", as we were only able to find one bit of correspondence, to be sure of that fact, the Town requests a_ deposit for a half hour of IT support at $95.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(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. (1/2 hour @ 95.00) = Deposit Due: $47.50 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, Rpt IZ"" $w As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Jack Hagadorn <Jack.Hagadorn@myfloridalegal.com> Sent: Wednesday, November 9, 2016 1:56 PM To: Rebecca Tew Subject: Fw: Police Social Security Numbers are published online Attachments: Oct 22, 2015 Notice to Custodian - Social Security Numbers Online.pdf, Oct 22, 2015 Notice to Mayor - Social Security Numbers Online.pdf, Jun 16, 2015 Notice of Social Security Violation.pdf, May 18, 2014 Notice to Town - Social Security Numbers Online.pdf, May 18, 2014 Notice to Town Attorney - Social Security Numbers Online.pdf � I — Forwarded by Jack Hagadom/OAG on 11/09/2016 01:55 PM — Internet Mail Message Posted nate: 1110912616 01:56:09 PM From: Jack Hagadorn flack.Hagadorn@myfloridalegal.com> To: rtew@gulf-stream.org Subject: Police Social Security Numbers are published online Dear Attorney General Bondi, .. Tracking Document I am writing you to call your attention to a matter that is urgently in need of remedy. Specifically, the Town of Gulf Stream's online publication of Police Officer and Town employee social security numbers. This information must be redacted as soon as possible and a thorough search of the Town's web site needs to be conducted to uncover any additional confidential information that is statutorily exempt from disclosure. The Town is in violation of 119.07l(4)(d)2.a.(1) and has violated this statute multiple times in the past. I have notified the Town Mayor, Town Attorney, Town Manager, Town Commissioners and Town Clerk (also known as the Custodian of Records) of this situation during the public comment portion of the Town's Public Meetings and by email on many occasions. I have implored the Town to search all online records and redact exempt information from these records wherever it may occur. Instead I continue to find confidential and exempt information published online as I search public records published on the Town's web site. Despite my notice to the Town of their disclosures of confidential information, the Town apparently refuses to devote the necessary manpower to accomplishing this task My many communications to the Town about this (attached for your reference) have put the Town on notice of these ongoing violations. The public officer responsible for this violation has therefore done so knowingly and may be subject to enforcement of both Florida Statutes 119.10(1)(a) and 119.10(1) (b). Rather than copy you with the offending records, I refer you to the following URL addresses for various online pages on the Town of Gulf Stream's web site. By following each link you will see for yourself the published social security numbers for every Town employee and Police Officer in the Town of Gulf Stream. Please note there may be more disclosures of confidential information on the Town's web site that I have yet to discover besides the ones found at the following links. http://www2.eulf-stream.ore/weblink/O/doc/102181 /Paeel.asox http://www2. gulf-stream.org/weblink/O/doc/ 102182/Page l .asox http://www2.gulf-stream.org/weblink/O/doc/102186/Pagel.asi)x http://www2.izulf-stream.org/weblink/O/doc/102185/Pagel.mx httt)://www2.gulf-stream.org/weblink/O/doc/LO218Q/Pag-el.ast)x http://www2.gulf-stream.ore/weblink/O/doc/76093/Page l.asox httt)://www2.gulf-stream.org/weblink/O/doc/102183/Paizel.asox httn://www2.gulf-stream.ore/weblink/O/doc/I02184/Page I.asnx Please contact me if you need any additional information. I may be reached anytime at: Sincerely, Chris O'Hare 2520 Avenue Au Soleil Gulf Stream, FL 561-350-7551 (See attached file: Oct 22, 2015 Notice to Custodian - Social Security Numbers Online pdt)(See attached file: Oct 22, 2015 Notice to Mayor - Social Security Numbers Online pdt)(See attached file: Jun 16, 2015 Notice of Social Security Violation.pdj)(See attached file: May 18, 2014 Notice to Town - Social Security Numbers Online.pdi(See attached file: May 18, 2014 Notice to Town Attorney - Social Security Numbers Onlinepdj) Routing Information: Delivered Date: 11108/201610:04:06 AM SMTP Originator: chdsohamgulfslream@gmail.com Route Servers: CN=TLH03/0=OAG; CN=TLH01/0=OAG Route Times: 11/0812016 10:04:07 AM - 11/08/2016 10:04:07 AM; 11/08/2016 10:04:06 AM - 11/08/2016 10:04:06 AM Received: from ESA01.oag.state.9.us ([205.235.245.11]) by oagnt06.oag.state.8.us (IBM Domino Release 9.0. 117134) with ESMTP id 2016110810040706-2765 ; Tue, 8 Nov 2016 10:04:07 -0500 $Mailer. $Messageld:<CAELvW38MN13LJEwD2aVUEBJ-JIxJAOKNLfKA1LY90KirOPLbtw@mail.gmail.com> MIME Version: 1.0 $MIMETrack: Itemize by SMTP Server on TLH03IOAG(Release 9.0.1FP4[June 07, 2015) at 11/0812016 10:04:07 AM $AdditionalHeaders: 11/6/2016 Gm ail - Mother Social Security number on Tann Website MGmail Chris O'Hare<chrisoharegulfstream@gmail.com> Another Social Security number on Town Website Chris O'Hare <chhsoharegulfstream@gmail.com> Thu, Oct 22, 2015 at 4:54 PM To: rtaylor@gulf-stream.org.didtheyreadit.com Dear Custodian of Records, I was discussing Town affairs with a neighbor in Place Au Soleil and I happened to mention the Social Security numbers of many of the Town's policemen that I had discovered online. I explained that I had worked with Sargent Adam Gorel and staff member Kelly Avery to search out those Social Security numbers and make sure they were redacted. I also told this resident I had later brought to the Town's attention more personal information of Town employees that was inappropriately posted on the Town's public website including home addresses, spouses names and birth dates of police officers. You can imagine my surprise when this resident told me of another record found on the Town's website that had Social Security numbers displayed on it. I asked why they didn't contact the Town to correct this serious infraction and they replied that they were afraid of the Town associating them with me and others the Town describes as "co-conspirators." I find it truly sad that the Town has so intimidated some residents from speaking out that the resident would hesitate to report a published Social Security number for fear of the Town including them on some perceived "enemies list." I am sending you a .pdf of the one record I recently saw on the Town's website that contains Social Security numbers. The Social Security numbers appear eight times. I have not conducted a thorough search of the Town's website so I can't be sure this is the only instance where an un -redacted Social Security number appears. I strongly urge you to properly redact this document as soon as possible and to be more diligent in meeting your statutory and legal obligations in the future. I am copying this email to Town commissioners without the attachment. Sincerely, Chris O'Hare PRR 15-1994.pdf 9641K haps:llmail.google.com/mail/LVORui=2&ik=765850a6ad&view=pt&q=social%20security&qs=true&search=query&msg=1509154ee7d5fl a9&siml=1509154ee7d... 1/1 1116/2016 GmaiI -Another Social Security number on Town Website MGmail Chris O'Hare<chrisoharegulfstream@gmail.com> Another Social Security number on Town Website Chris O'Hare <chrisoharegulfstream@gmail.com> Thu, Oct 22, 2015 at 5:00 PM To:"scottmorgan75@gmail.com.didtheyreadit.com" <scottmorgan75@gmail.com.didtheyreadit.com>, rganger@gulf- stream.org.didtheyreadit.com, pasodonna@gmail.com.didtheyreadit.com, joanorthwein@gmail.com.didtheyreadit.com, tstanley@gulf-stream.org.didtheyreadit.com — Forwarded message From: Chris O'Hare <chdsoharegulfstream@gmail.com> Date: Thu, Oct 22, 2015 at 4:54 PM Subject: Another Social Security number on Town Website To: rtaylor@gulf-stream.org Dear Custodian of Records, I was discussing Town affairs with a neighbor in Place Au Soleil and I happened to mention the Social Security numbers of many of the Town's policemen that I had discovered online. I explained that I had worked with Sargent Adam Gorel and staff member Kelly Avery to search out those Social Security numbers and make sure they were redacted. I also told this resident I had later brought to the Town's attention more personal information of Town employees that was inappropriately posted on the Town's public website including home addresses, spouses names and birth dates of police officers. You can imagine my surprise when this resident told me of another record found on the Town's website that had Social Security numbers displayed on it. I asked why they didn't contact the Town to correct this serious infraction and they replied that they were afraid of the Town associating them with me and others the Town describes as "coconspirators." I find it truly sad that the Town has so intimidated some residents from speaking out that the resident would hesitate to report a published Social Security number for fear of the Town including them on some perceived "enemies list." I am sending you a .pdf of the one record I recently saw on the Town's website that contains Social Security numbers. The Social Security numbers appear eight times. I have not conducted a thorough search of the Town's website so I can't be sure this is the only instance where an un -redacted Social Security number appears. I strongly urge you to properly redact this document as soon as possible and to be more diligent in meeting your statutory and legal obligations in the future. I am copying this email to Town commissioners without the attachment. Sincerely, Chds O'Hare hhps.//maiI.google.com/mail/WO/?ui=2&ik=76585Oa6ad&view=pt&q=social%20security&qs=true&search=query&m sg=150915a2919Fca35&dsqt= l &simI=1509... 1/1 11/7/2016 Gmail - GS #673 (policeman application 2.18.14.b)- amended MGmail Chris O'Hare <chrisoharegulfstream@gmail.com> GS #673 (policeman application 2.18.14.b)- amended Chris O'Hare <chrisoharegulfstream@gmail.com> Tue, Jun 16, 2015 at 9:42 PM To: bthrasher@gulf-stream.org.didtheyreadit.com, gward@gulf-stream.org.didtheyreadit.com, "scottmorgan75@gmail.com.didtheyreadit.com"<scottmorgan75@gmail.com.didtheyreadit.com>, jhaseley@gulf-stream.org Dear Custodian of Records and Chief Ward, On February 18, 2014 1 made a public record request to your agency for the following record: All records of the application for employment submitted by the Town employee driving the police car labeled 750 (see attached photo) this morning in Place Au Soleil, removing political signs and depositing said signs in the rear seat of said car. On April 21, 2015, over 14 months after I made the request, you never produced the records I requested but you did finally reply with the following claim: Please note that pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to or copies of public records at a reasonable time in reasonable conditions. The Town of Gulf Stream is not required to give out information from these records norgive information about these records. In this reply, you also stated: We consider this matter closed. Then on June 7, 2015 you replied a second time to my request, now 16 months since the time I made it. In this response you told me I could find responsive documents at http://www2.gulf-stream.org/ weblink/0/doc/18119/Pagel.aspx. I note that the records found at this link are not all the records that are responsive to my request. Please provide all responsive records. I had an immediate need for these records when I asked for them on February 18, 2014. Your delayed reply made by you 14 months later and your second reply made 2 months later still, did not satisfy that need in a reasonable amount of time. I object to the extremely excessive delay and consider it to be a violation of both the letter and the spirit of Chapter 119 of Florida Statutes. Your actions in this matter have also violated my Constitutional rights to examine a public record. Your very late response also apparently violates FS 119.071(4)(d)2.a(I) and FS 119.071(4)(d)2.a(II) and in so doing, violated the rights of Officer Haseley and his former and present wife. I urge you to immediately redact the identity of Officer Haseley's spouses found on page 6 and 14 of public record PRR 14-0673 and Officer Haseley's apparent Social Security number found on page 9 of this same record. https://mail.google.mm/mail/WO/7ui=28ik=765850a6ad&view=pt&q=wife&qs=true&searctFgmry8msg=14dff2e58d990ddb&slm1=14df2e5Bd990ddb 1/2 W712016 Gm ail - GS 11673 (policeman application 2.18.14.b)- amended Sincerely, Chris O'Hare [Quoted text hidden] "D GS #673 (policeman application 2.18.14.b)_amended.pdf 155K hdpsalmail.google.camlmaillWOl?ui=2&ik=765850a6ad&view=pl&q=wife&gs=true&search=query&msg=14d42e58d990ddb&siml=14dff2e58d990ddb 212 11/6/2016 Gmail -Police Social Security Numbers, Home Addresses and Birth Dates in Towns Public Records M Gmail Chris O'Hare<chrisoharegulfstream@gmail.com> Police Social Security Numbers, Home Addresses and Birth Dates in Town's Public Records Chris O'Hare <chdsoharegulfstream@gmail.com> Sun, May 18, 2014 at 3:26 PM To: "scottmorgan75@gmail.com.didtheyreadit.com" <scottmorgan75@gmail.com.didtheyreadit.com>, bthrasher@gulf- stream.org.didtheyreadit.com, RTaylor@gulf-stream.org.didtheyreadit.com Dear Mayor Morgan, You may recall that during the public comment portion of the last Commission meeting held on May 9th, I used the brief time I was allowed to speak to bring to your attention certain non -redacted information I found in the Town's public records. Specifically, this information included the social security numbers and home addresses of Town Public Safety Officers and other Town employees. Immediately after the meeting I met with Ms. Kelley Avery and Officer Gorel in the Town hall staff office. We worked to identify the offending records and, to my recollection, Ms. Avery removed them from the Town's Internet site. It has recently come to my attention that even more records exist on the Town's Internet site which include social security numbers, home addresses and birth dates of Town Public Safety Officers. I understand that disseminating such information violates Federal and State law so I will not identify the offending records in this email since this email itself is a public record. I will call Ms. Avery first thing Monday morning and verbally identify the records to her. I can not be sure I have found all such records so I strongly urge you to compel town staff to search out any additional offending records and make whatever changes are needed to bring them into lawful compliance. Sincerely, Chris O'Hare Mtps://mail.google.com/mail/WO/7ui=2&ik=765850a6ad&view=pt&q=social&gs=true&search=query&msg=14610ccd250081cl &simI=14610ccd250081 c1 1/1 1102016 Gmall -Police Social Security Numbers, Home Addresses and Birth Dates in Town's Public Records M Gmail Chris O'Hare<chrisoharegulfstream@gmail.com> Police Social Security Numbers, Home Addresses and Birth Dates in Town's Public Records Chris O'Hare <chrisoharegulfstream@gmail.com> Sun, May 18, 2014 at 3:28 PM To: "Randolph, John C." <JRandolph@jonesfaster.com> Thought you should be informed about this as well. Chris O'Hare — Forwarded message From: Chris O'Hare <chdsoharegulfstream@gmail.com> Date: Sun, May 18, 2014 at 3:26 PM Subject: Police Social Security Numbers, Home Addresses and Birth Dates in Town's Public Records To: "scottmorgan75@gmail.com.didtheyreadit.com" <scottmorgan75@gmail.com.didtheyreadit.com>, bthrasher@gulf- stream. org.didtheyreadit.com, RTaylor@gulf-stream.org.didtheyreadit.com Dear Mayor Morgan, You may recall that during the public comment portion of the last Commission meeting held on May 9th, I used the brief time I was allowed to speak to bring to your attention certain non -redacted information I found in the Town's public records. Specifically, this information included the social security numbers and home addresses of Town Public Safety Officers and other Town employees. Immediately after the meeting I met with Ms. Kelley Avery and Officer Gorel in the Town hall staff office. We worked to identify the offending records and, to my recollection, Ms. Avery removed them from the Town's Internet site. It has recently come to my attention that even more records exist on the Town's Internet site which include social secudty numbers, home addresses and birth dates of Town Public Safety Officers. I understand that disseminating such information violates Federal and State law so I will not identify the offending records in this email since this email itself is a public record. I will call Ms. Avery first thing Monday morning and verbally identify the records to her. I can not be sure I have found all such records so I strongly urge you to compel town staff to search out any additional offending records and make whatever changes are needed to bring them into lawful compliance. Sincerely, Chris O'Hare https9/maiI.goDgle.com/mail/u/O/7ui=2&ik=765850a6ad&view=pt&q=social&qs=true&search=query&msg=14610cefl5089ba6&dsgt=l &simI=14610cefl5089ba6 1/1