HomeMy Public PortalAboutPRR 17-2568RECORDS REQUEST (the “Request”)
Date of Request: _______________
Requestor’s Request ID#: __________________
REQUESTEE: Custodian of Records Town of Gulf Stream
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@commerce-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all records relating to a recent settlement between the Town of Gulf Stream
and Christopher O’Hare. This request is limited to all records (excluding Court Filings), including,
without limitation, releases and agreements (and any drafts of either); communications (including, but not
limited to emails, text messages, letters, memos, notes and other writings, including any attachments
and\or enclosures to same including drafts of all of the above); transcripts, billings from lawyers and
court reporters and other related Records. This request is made for the period beginning January 1st, 2017
through the date of this request (the “Period”).
In addition, we request all records containing the names “Hare” and\or “Boyle” (each of which shall be
searched with a preceding “O”) during the Period.
ADDITIONAL INFORMATION REGARDING REQUEST: _________________________________
___________________________________________________________________________________
______________________________________________________________________________________________________
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.
SEE §119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(1)(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 of any 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”.
IN CONNECTION WITH ANY RECORDS WITHHELD, NOT PRODUCED OR REDACTED, PLEASE PROVIDE US WITH A
“PRIVILEGE LOG” AND/OR THE BASIS (PURSUANT TO CHAPTER 119 OF THE FLORIDA STATUTES) FOR ANY SUCH
RECORDS WITHHELD, NOT PRODUCED OR REDACTED.
I/P/NP/FLRR
03.30.2017
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
July 28, 2017
Martin O’Boyle [e-mail to: records@commercegroup.com]
Re: GS #2568 (PRR 1887)
Please provide all records relating to a recent settlement between the Town of Gulf Stream and
Christopher O’Hare. This request is limited to all records (excluding Court Filings), including,
without limitation, releases and agreements (and any drafts of either); communications (including,
but not limited to emails, text messages, letters, memos, notes and other writings, including any
attachments and\or enclosures to same including drafts of all of the above); transcripts, billings
from lawyers and court reporters and other related Records. This request is made for the period
beginning January 1st, 2017 through the date of this request (the “Period”). In addition, we
request all records containing the names “Hare” and\or “Boyle” (each of which shall be searched
with a preceding “O”) during the Period.
Dear Martin O’Boyle [e-mail to: records@commercegroup.com]:
The Town of Gulf Stream has received your public records request dated July 27, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/112440/Page1.aspx
Please be advised that the Town of Gulf Stream is currently working on a 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
August 9, 2017
Martin E. O’Boyle [Mail to: records@commerce-group.com]
Re: GS #2568 (PRR 1887)
Please provide all records relating to a recent settlement between the Town of Gulf Stream and
Christopher O’Hare. This request is limited to all records (excluding Court Filings), including,
without limitation, releases and agreements (and any drafts of either); communications
(including, but not limited to emails, text messages, letters, memos, notes and other writings,
including any attachments and\or enclosures to same including drafts of all of the above);
transcripts, billings from lawyers and court reporters and other related Records. This request is
made for the period beginning January 1st, 2017 through the date of this request (the “Period”).
In addition, we request all records containing the names “Hare” and\or “Boyle” (each of which
shall be searched with a preceding “O”) during the Period.
Dear Martin E. O’Boyle [Mail to: records@commerce-group.com]:
The Town of Gulf Stream received your public record request on July 27, 2017. Your request can
be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/112440/Page1.aspx
The Town has spent at least 15 minutes on your request and is providing you with a partial
response at the following links:
http://www2.gulf-stream.org/weblink/0/doc/112181/Page1.aspx
http://www2.gulf-stream.org/weblink/0/doc/111889/Page1.aspx
To the extent you seek “all records relating to” a general topic and many different types of
records including “other related records”, you have failed to sufficiently specify the records that
you seek with sufficient particularity to enable the Town to provide a good faith response.
Therefore, the estimate for production provided to you is based on certain assumptions made by
the Town that have affected our estimate.
You have indicated that the records you seek do not include court filings. We further interpret
your request to exclude all litigation records and records in possession of third parties, such as
the Town’s outside counsel.
You have also requested billing records related to the settlement between the Town and
Christopher O’Hare. The Town interprets your request to include bills from the law firms of
Jones, Foster, Johnston & Stubbs, P.A., Johnson, Anselmo, Murdoch, Burke, Piper & Hochman,
P.A. and Sweetapple, Broeker & Varkas in cases where O’Hare was a party from the time period
specified in your request.
You also request “all records” containing the name O’Hare and/or O’Boyle over a seven month
period. In an effort to respond to your request in good faith, the Town interprets your request to
seek e-mails containing those names during the specified time period, including e-mails prepared
by the Town’s outside legal counsel and sent to Town employees.
Other records not contained in this estimate may include certain records posted and available
online, such as videos of Town of Gulf Stream Commission Meetings available at
https://www.youtube.com/channel/UCyJTjen2HMOSbss-CYOpzdQ, as well as Commission
Meeting Agendas and Meeting Minutes. Agendas, minutes and other records can be obtained by
going to www.gulf-stream.org, click on “Find a Town Record”. Records are organized by
category for you to easily find the records you may wish to inspect.
Absent clarification from you and subject to the foregoing assumptions, the Town estimates
approximately one and a half hours of administrative support at $38.54 per hour, an hour and a
half of Staff Attorney support at $64.04 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). 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 ½ hours @ $38.54) + (1 ½ hours @ $64.04) + (One hour @ $95.00) = Deposit Due:
$248.87 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 the Town does 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
COMMERCE GROUP
I:/P/NPR/FLRR
www.commerce-group.com
TEL. 954.360.7713 FAX. 954.360.0807
1280 WEST NEWPORT CENTER DRIVE, DEERFIELD BEACH, FLORIDA 33442
moboyle@commerce-group.com
Direct Dial Telephone #954-570-3505
[DS501010.DS2]
August 21, 2017
VIA E-MAIL: RBasel@gulf-stream.org
TELEPHONE #561-276-5116
TELECOPY #561-737-0188
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Attn: Reneé Rowan Basel, Executive Administrative Assistant
Re: Records Request – Martin E. O’Boyle PRR #1887 (GS#2568)
Dear Ms. Basel:
This will acknowledge receipt of a letter from the Town of Gulf Stream,
authored by Renee Rowan Basel, dated of August 9, 2017 regarding the
captioned (the “1887 Initial Response”).
Referring to your letter, firstly, let me address the first paragraph (the
Request) and the penultimate paragraph on Page 2 of the letter.
With regard to the phrase “all records relating to”, I guess there were other
ways to say that1, but I don’t think that the Request as written is vague at
all, but let’s try it your way:
1. Substitute “relating to” with “in connection with”. Does that help?
2. Please replace the first sentence of the Request with: “Please provide
all records which contain the words O’Hare or O’Boyle (the “Names”)
1 Perhaps you could “share” a way to say it; or (better) tell me how you wish the Request to be
presented (by way of verbiage). This approach will assist with expediting the process going
forward, thus saving money and time for all.
Reneé Rowan Basel, Executive Administrative Assistant
August 21, 2017
Page 2
__________________________________________________
I:/P/NPR/FLRR
or any name or names used as “nick names” or “code words” for the
Names (or which use a different spelling or shorthand recognition
(e.g.): MO, MEO, CO) for the Names.
3. Please let me know, with specificity, if there is anything further that I
can do to help the Town of Gulf Stream gain clarity as to my Request.
Now, referring to the penultimate paragraph on Page 2 of your letter, based
upon the foregoing, I would appreciate it if you could revisit your estimate,
since you have stated when making the estimate that “absent clarification
from you…. the Town estimates…”.
Going forward, it would be easier if the Town would provide responsive
documents along with more specific information as to where they need
clarification2. This seems to be a much more efficient approach.
Based upon the foregoing, I look forward to all of the additional records that
have been requested many of which are certainly at the “fingertips” of the
Requestee.
Sincerely yours,
COMMERCE GROUP, INC.
Martin E. O'Boyle
President
cc: Michelle Melicia – E-Mail
Brenda A. Russell – E-Mail
P.S. Kindly confirm that you are requesting the responsive records from
your attorneys and any other party with any responsive records.
2 Although I appreciate that the Town may have questions (which they should ask), for the
most part, the specific items listed could not be clearer.
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
August 31, 2017
Martin E. O’Boyle [Mail to: records@commerce-group.com]
Re: GS #2568 (PRR 1887)
Please provide all records relating to a recent settlement between the Town of Gulf Stream and
Christopher O’Hare. This request is limited to all records (excluding Court Filings), including,
without limitation, releases and agreements (and any drafts of either); communications
(including, but not limited to emails, text messages, letters, memos, notes and other writings,
including any attachments and\or enclosures to same including drafts of all of the above);
transcripts, billings from lawyers and court reporters and other related Records. This request is
made for the period beginning January 1st, 2017 through the date of this request (the “Period”).
In addition, we request all records containing the names “Hare” and\or “Boyle” (each of which
shall be searched with a preceding “O”) during the Period.
Dear Martin E. O’Boyle [Mail to: records@commerce-group.com]:
The Town of Gulf Stream received your public record request on July 27, 2017, which the Town
responded to on August 9, 2017. Your response on August 21, 2017 broadened the records sought
and therefore the Town is providing you with an updated estimate. Your request can be found at
the following link:
http://www2.gulf-stream.org/weblink/0/doc/112440/Page1.aspx
The Town has spent at least 15 minutes on your request and is providing you with a partial
response at the following links:
http://www2.gulf-stream.org/weblink/0/doc/112181/Page1.aspx
http://www2.gulf-stream.org/weblink/0/doc/111889/Page1.aspx
As stated in our August 9, 2017 letter, the estimate for production provided to you is based on
certain assumptions made by the Town that have affected our estimate.
You have indicated that the records you seek do not include court filings. We further interpret
your request to exclude all litigation records and records in possession of third parties, such as
the Town’s outside counsel.
You have also requested billing records related to the settlement between the Town and
Christopher O’Hare. The Town interprets your request to include bills from the law firms of
Jones, Foster, Johnston & Stubbs, P.A., Johnson, Anselmo, Murdoch, Burke, Piper & Hochman,
P.A. and Sweetapple, Broeker & Varkas in cases where O’Hare was a party from the time period
specified in your request.
You also request “all records” containing the name O’Hare and/or O’Boyle over a seven month
period. Your August 21, 2017 letter broadens this search to include the shorthand names “MO”
“MEO” and “CO”. In an effort to respond to your request in good faith, the Town interprets
your request to seek e-mails containing these names and shorthand names during the specified
time period, including e-mails prepared by the Town’s outside legal counsel and sent to Town
employees.
Other records not contained in this estimate may include certain records posted and available
online, such as videos of Town of Gulf Stream Commission Meetings available at
https://www.youtube.com/channel/UCyJTjen2HMOSbss-CYOpzdQ, as well as Commission
Meeting Agendas and Meeting Minutes. Agendas, minutes and other records can be obtained by
going to www.gulf-stream.org, click on “Find a Town Record”. Records are organized by
category for you to easily find the records you may wish to inspect.
Subject to the foregoing assumptions, the Town estimates approximately two hours of
administrative support at $38.54 per hour, an hour and a half of Staff Attorney support at $64.04
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). 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) + (1 ½ hours @ $64.04) + (One hour @ $95.00) = Deposit Due:
$268.14 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 the Town does 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