HomeMy Public PortalAboutPRR 17-2517RECORDS REQUEST (the "Request")
Date of Request: 03/20/2017
Requestor's Request ID#: 1400
REQUESTEE: Custodian of Records Sweetapple. Broeker & Varkas
Custodian of Records Jones, Foster. Johnston & Stubbs
Custodian of Records Town of Gulf Stream
Custodian of Records Richman Greer, P.A.
Custodian of Records Cole Scott & Kissane
Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman. P.A.
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: Please provide conies of all records (as defined in Chapter 119) including without
limitation, all E -Mails- text messages, letters, memos and other communications (the "Communications")
sent or received by John Passeggiata for the period beginning January 1 2010 through the date of this
request. As to any records which you choose not to produce on the basis of claim that the record is
privileged kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to Your basis for
withholding any such records. Also, to the extent that there are any redactions in any of the records we
ask that you provide the basis consistent with the request in the prior sentence
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 employees its
officers- its staff, its Police Department- its Police Officers: including without limitation the
attorneys, emnlovees and partners of the following law firms: Sweetarmle. Broeker & Varkas:
Richman Greer, PA: Jones- Foster, Johnston & Stubbs: Cole, Scott & Kissane. P.A.; and Johnson
Anselmo Murdoch Burke PiDer & 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.
SEE6119.OIRNFI. FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REOVESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES !UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND EIIOULD BE BILLED IN ACCORDANCE WITH SeCtion 119.07(4) (a) (2)'
ALSO PLEASE TAKE NOTE OF §119.071D(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 Requestor approve orany costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), 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".
I/P/NP/FLRR
11.04.2016
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 21, 2017
Martin E. O’Boyle [records@commerce-group.com]
Re: GS #2517 (PRR 1400)
Please provide copies of all records (as defined in Chapter 119) including, without limitation, all
E-Mails, text messages, letters, memos and other communications (the “Communications”) sent
or received by John Passeggiata for the period beginning January 1, 2010 through the date of this
request. As to any records which you choose not to produce on the basis of claim that the record
is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to
your basis for withholding any such records. Also, to the extent that there are any redactions in
any of the records, we ask that you provide the basis consistent with the request in the prior
sentence.
Dear Martin E. O’Boyle [records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated March 20, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/110397/Page1.aspx
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,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
April 19, 2017
Martin E. O’Boyle [mail to: records@commerce-group.com]
Re: GS #2517 (PRR 1400)
Please provide copies of all records (as defined in Chapter 119) including, without limitation, all
E-Mails, text messages, letters, memos and other communications (the “Communications”) sent
or received by John Passeggiata for the period beginning January 1, 2010 through the date of
this request. As to any records which you choose not to produce on the basis of claim that the
record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119)
as to your basis for withholding any such records. Also, to the extent that there are any
redactions in any of the records, we ask that you provide the basis consistent with the request in
the prior sentence.
Dear Martin E. O’Boyle [mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated March 20, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/110397/Page1.aspx
Thank you for your public records request for all communications sent or received by one
member of the Gulf Stream Police Department from January 1, 2010 through March 20, 2017.
The Town notes this request is extremely broad in scope and encompasses more than a seven-
year time span.
Your request seeks “all records” defined as “E-mails, text messages, letters, memos and other
communications” that were “sent or received by John Passeggiata”. In an abundance of caution
in determining the below estimate, the Town has also included Gulf Stream Police Department
Overtime and Holiday Compensation forms and Gulf Stream Police Department Leave of
Absence Request forms. Records not used to determine this estimate include Police Incident
Reports generated by John Passeggiata, as the Town does not interpret those records as
“communications”.
Due to the breadth of your request, the Town estimates to produce more than 1,200 hard and
electronic files, and review these files for exemptions, will require 21 hours of administrative
support at $37.34 per hour and one hour of IT support at $95.00 per hour, the labor cost of the
personnel providing the service, per Fla. Stat. § 119.07(4)(d). Please be advised that this does
not account for any unusually large files which may require extensive redaction.
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.
(21 hours @ $37.34 + One hour @ $95.00) = Deposit Due: $879.14 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