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Home My Public Portal AboutPRR 17-2559 Renee Basel From:enrgy2burn@gmail.com on behalf of Mort O'Boyle <moboylejr@gmail.com> Sent:Monday, July 10, 2017 9:46 AM To:Rita Taylor Subject:Records Request Please provide digital copies of all public records including but not limited to all records of the Gulf Stream Police Department that pertain to Martin O'Boyle and/or Martin O'Boyle, Jr. and/or 23 N. Hidden Harbor Estates between 1980 and 1990. In addition, please provide all files pertaining to Jim Lundy, an officer of the Gulf Stream Police Department during at least a portion of that time frame. Should you have any questions please contact me via email or call me at (610) 213-6306. Martin O'Boyle, Jr. 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 12, 2017 Martin O’Boyle, Jr. [mail to: enrgy2burn@gmail.com; moboylejr@gmail.com] Re: GS #2559 (Records Request) Please provide digital copies of all public records including but not limited to all records of the Gulf Stream Police Department that pertain to Martin O'Boyle and/or Martin O'Boyle, Jr. and/or 23 N. Hidden Harbor Estates between 1980 and 1990. In addition, please provide all files pertaining to Jim Lundy, an officer of the Gulf Stream Police Department during at least a portion of that time frame. Dear Martin O’Boyle, Jr. [mail to: enrgy2burn@gmail.com; moboylejr@gmail.com]: The Town of Gulf Stream has received your public records request dated July 10, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/112162/Page1.aspx Your request for “all public records” that “pertain to” particular individuals and/or addresses is not sufficient for the Town to fully identify all records you seek. However, in good faith, the Town interprets your request to be seeking records that are identified by or contain the listed names and/or addresses from the desired time period, between 1980 and 1990. Please note, however, the Town follows the General Records Schedule GSI-SL for State and Local Government Agencies and other General Records Schedules that may apply to specific records maintained by the Town, e.g. records pertaining to Law Enforcement. The Town systematically disposes of public records that have met their retention requirements and are no longer needed. Therefore, many of the records you seek, dated between 27 and 37 years old, may have been disposed of pursuant to the Town’s Public Records Compliance Program and these records schedules. Further, your request for “all files pertaining to” a particular police officer is also not sufficient for the Town to fully identify all records you seek. However, in an effort to respond in good faith, the Town interprets this request to be seeking the personnel file of the named police officer. Based on this understanding, the Town estimates that to respond to your request will require approximately two hours of administrative support at $38.54 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 @ $38.54 = $77.08) – (.25 @ $38.54 = $9.64) = Deposit Due: $67.44 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:Mort O'Boyle <enrgy2burn@gmail.com> Sent:Wednesday, July 12, 2017 12:26 PM To:Renee Basel Subject:Re: GS #2559 (Records Request) Good afternoon, Renee. I am no expert on public records but I do believe you can only charge the actual cost of reproduction which, in this case, would be $0.00 since I am requesting electronic copies. Is it the Town's practice to charge its citizenry for the people's records? Can you provide me with the law that allows for such excessive charging? The incidents that come up will have involved me. Am I to understand that I am to be charged for records that pertain to criminal activity against me? Respectfully, Mort On Wed, Jul 12, 2017 at 12:14 PM, Renee Basel <RBasel@gulf-stream.org> wrote: Good afternoon: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org 1 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. 2 Renee Basel From:Mort O'Boyle <enrgy2burn@gmail.com> Sent:Wednesday, July 19, 2017 10:36 AM To:Renee Basel Subject:Re: GS #2559 (Records Request) Renee - I have not received a response from you. Does the town intend to provide the records I requested? I hope I am not being discriminated against because of my name. I don't wish to fight for the records but if that is the course the town chooses then I will have no choice. I look forward to hearing back from you. Mort On Wed, Jul 12, 2017 at 12:26 PM, Mort O'Boyle <enrgy2burn@gmail.com> wrote: Good afternoon, Renee. I am no expert on public records but I do believe you can only charge the actual cost of reproduction which, in this case, would be $0.00 since I am requesting electronic copies. Is it the Town's practice to charge its citizenry for the people's records? Can you provide me with the law that allows for such excessive charging? The incidents that come up will have involved me. Am I to understand that I am to be charged for records that pertain to criminal activity against me? Respectfully, Mort On Wed, Jul 12, 2017 at 12:14 PM, Renee Basel <RBasel@gulf-stream.org> wrote: Good afternoon: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road 1 Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-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. 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 20, 2017 Mort O’Boyle [Mail to: enrgy2burn@gmail.com] Re: GS #2559 (Records Request) Please provide digital copies of all public records including but not limited to all records of the Gulf Stream Police Department that pertain to Martin O'Boyle and/or Martin O'Boyle, Jr. and/or 23 N. Hidden Harbor Estates between 1980 and 1990. In addition, please provide all files pertaining to Jim Lundy, an officer of the Gulf Stream Police Department during at least a portion of that time frame. Dear Mort O’Boyle [Mail to: enrgy2burn@gmail.com]: The Town of Gulf Stream received your public record request on July 10, 2017. Your request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/112162/Page1.aspx The Town received your correspondence on July 12 and again on July 19 regarding the above records request. The Town has provided you with an estimate for the production of the records you seek. Please refer to our correspondence on July 12, 2017. In that letter, the Town cites Florida Statute 119.07 (4)(d), which is a statutorily authorized special service charge for the labor cost of the personnel providing the service Upon receipt of the deposit asked for in the aforementioned letter, 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