HomeMy Public PortalAboutPRR 17-2582RECORDS REQUEST (the “Request”)
Date of Request: _______________
Requestor’s Request ID#: __________________
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@commerce-group.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all records which: a) include Lisa Morgan in any video’s, pictures and
audio’s; b) any records requests (made by Lisa Morgan; c) all responses (and related communications)
sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the
name or which refer to Lisa Morgan (by name or Mayor Morgan’s wife) including, without limitation, all
communications, memo’s notes, entries or other documents which refer to Lisa Morgan (by name or
Mayor Morgan’s wife), for the period beginning 1/1/10 through today.
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, employees and partners of the following law firms: Sweetapple, Broeker & Varkas;
Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson
Anselmo Murdoch Burke Piper & 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.
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
August 18, 2017
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2582 (PRR 1894)
Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s; b)
any records requests (made by Lisa Morgan; c) all responses (and related communications) sent
by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include
the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife) including, without
limitation, all communications, memo’s notes, entries or other documents which refer to Lisa
Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today.
Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated August 16, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/112686/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
Renee Basel
From:Brenda Russell <brussell@commerce-group.com>
Sent:Friday, August 18, 2017 3:59 PM
To:Renee Basel
Subject:FW: GS #2582 (PRR 1894) TOGS E-Mail regarding RR#1894 "...Please be advised that
the Town of Gulf Stream is currently working on a number of incoming public records
requests..." CORRECTION
Attachments:GS #2582 (PRR 1894)_intake.pdf
As to the request below, subparagraph (a) should say “and/or”. Please note your records
accordingly.
Brenda A. Russell
Executive Assistant
Office of Martin E. O’Boyle
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
Direct Dial #954-570-3513
Fax #954-360-0807
Main #954-360-7713
brussell@commerce-group.com
From: Records
Sent: Friday, August 18, 2017 3:42 PM
To: Marty O'Boyle; Brenda Russell; David Licker
Subject: FW: GS #2582 (PRR 1894) TOGS E-Mail regarding RR#1894 "...Please be advised that the Town of Gulf Stream
is currently working on a number of incoming public records requests..."
RECORDS REQUEST #1894 (8/16/17)
1
From: Renee Basel \[mailto:RBasel@gulf-stream.org\]
Sent: Friday, August 18, 2017 1:54 PM
To: Records
Subject: GS #2582 (PRR 1894)
Good afternoon, Mr. O’Boyle:
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
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
August 31, 2017
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2582 (PRR 1894)
Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s;
b) any records requests (made by Lisa Morgan; c) all responses (and related communications)
sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which
include the name or which refer to Lisa Morgan (by name or Mayor Morgan's wife) including,
without limitation, all communications, memo’s notes, entries or other documents which refer to
Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today.
Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated August 16, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/112686/Page1.aspx
The Town is providing you with a partial production, which you can review at the following
link:
http://www2.gulf-stream.org/weblink/0/doc/20279/Page1.aspx
In light of the breadth of your request, which the Town understands to seek all documents in
possession of the Town which refer to Lisa Morgan by name and/or as Mayor Morgan’s wife
during a nearly eight year period, and additionally would require the Town to review dozens of
hours of publicly available video records, which can be found at
https://www.youtube.com/channel/UCyJTjen2HMOSbss-CYOpzdQ, fulfilling your request will
require extensive use of information technology resources and extensive clerical support. The
Town estimates that to fully respond to your request will require approximately 121 hours of
administrative support at $38.54 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.
(121 hours @ $38.54) + (One hour @ $95.00) – (.25 @ $38.54) = Deposit Due: $4,748.70 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:Marty O'Boyle <moboyle@commerce-group.com>
Sent:Friday, September 1, 2017 1:08 PM
To:Renee Basel
Cc:Brenda Russell
Subject:FW: GS #2582 (PRR 1894) TOGS response to RR#1894 - 1 page printed from link -
$4,748.70 Deposit Due
Attachments:GS #2582 (PRR 1894)_partialprod.est.pdf
Renee – thank you for the attached.
Please accept the below insertions (as highlighted) as a clarification.
Renee – based upon the above, I would appreciate that you revisit the estimate in the attached considering that the
time (except for the time of the IT guy) seems to emanate from having to watch he videos on line, which, as I calculate it,
are the bases of the time that you estimate (which will free you up to do other things ). Seemingly, the IT guy (based
upon the clarifications “highlighted” below) should be able to easily provide the information within the 1 hour time
period.
When sending the revised estimate (if there will be any), please provide an explanation of how you reached the amount
(if any) provided for in the estimate. In this connection, I would ask that you provide your bases for charges when
asserting them in all matters going forward. This approach should limit the time necessary to understand the bases for
any asserted charges; and it will (likely) eliminate (in several – if not all cases) the need for further inquiry, thus saving us
both precious time.
Thank you!
Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s (but only to the extent
not available on line); b) any records requests (made by Lisa Morgan; c) all responses (and related communications)
sent by, provided to, received by, stored by, or created by Lisa Morgan (or the Town) which include the name or
which refer to Lisa Morgan (by name or Mayor Morgan's wife or as “Lisa” or as “Mrs. Morgan” or as “Mrs. Scott
Morgan”) including, without limitation, all communications, memo’s notes, entries or other documents which refer
to Lisa Morgan (by name or Mayor Morgan’s wife), for the period beginning 1/1/10 through today.
UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE
RESULT IS THAT I DO NOT HAVE A CHANCE TO REVIEW THEM ALL; AND
MANY I DO NOT SEE AT ALL. I ENCOURAGE YOU TO CONTINUE TO SEND ME
EMAILS; AND, IF YOU DON’T HEAR FROM ME WITHIN 48 HOURS, I URGE YOU
TO CALL ME. I ALSO ASK YOU TO CC MS. BRENDA RUSSELL
(BRUSSELL@COMMERCE-GROUP.COM) OR TO CALL HER (954 570 3513).
THANK YOU FOR YOUR COOPERATION.
Martin E. O'Boyle,
Commerce Group, Inc.
1280 W. Newport Center Drive
1
Deerfield Beach, Fl. 33442
Direct Dial: 954-570-3505
Fax: 954-360-0807
Cell: 561 213 3486
E-mail: moboyle@commerce-group.com
Web Page: www.commerce-group.com
From: Renee Basel \[mailto:RBasel@gulf-stream.org\]
Sent: Thursday, August 31, 2017 11:58 AM
To: Records
Subject: GS #2582 (PRR 1894)
Good morning, Mr. O’Boyle:
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
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
September 21, 2017
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2582 (PRR 1894)
Please provide all records which: a) include Lisa Morgan in any video’s, pictures and audio’s
(but only to the extent not available on line); b) any records requests (made by Lisa Morgan; c)
all responses (and related communications) sent by, provided to, received by, stored by, or
created by Lisa Morgan (or the Town) which include the name or which refer to Lisa Morgan
(by name or Mayor Morgan's wife or as “Lisa” or as “Mrs. Morgan” or as “Mrs. Scott
Morgan”) including, without limitation, all communications, memo’s notes, entries or other
documents which refer to Lisa Morgan (by name or Mayor Morgan’s wife), for the period
beginning 1/1/10 through today.
Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated August 16, 2017. The
original public records request can be found at the following link:
http://www2.gulf-stream.org/weblink/0/doc/112686/Page1.aspx
The Town previously provided you with a partial production, which you can review at the
following link:
http://www2.gulf-stream.org/weblink/0/doc/20279/Page1.aspx
Thank you for your clarification e-mail sent to the Town on September 1, 2017. The portion of
your request which has been modified is indicated above in bold.
Due to the additional search terms you have requested and subtracting the time estimated earlier
for those you have clarified as not being available on-line, the Town now estimates that to fully
respond to your request will require approximately 38 hours of administrative support at $38.54
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.
(38 hours @ $38.54) + (One hour @ $95.00) – (.25 @ $38.54) = Deposit Due: $1,549.88 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