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Home My Public Portal AboutPRR 17-2598 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, November 14, 2017 9:46 AM To:Renee Basel; Rita Taylor Cc:Brenda Russell; David Licker Subject:RE: GS #2597 (Records Request #1898 Pursuant to Chapter 119 Florida Statutes) MORE TO FOLLOW Attachments:GS #2597 (Records Request #1898 Pursuant to Chapter 119 Florida Statutues)_production.pdf Renee (also addressing the Custodian – Ms. Rita Taylor) – thank you for your email below. I appreciate your sending me 5 “very large” files, which appear to be (collectively) the Log of the Records Requests from the Town, but your responsive is not responsive. Sooooo, with the above in mind, I renew my request for the requested records. My request is in the attached and is pasted below for convenience. Your prompt attention to this matter would be greatly appreciated. If I do not get a response by the close of business on Friday November 17, 2017, I will send such further notice (if any is required) pursuant to Chapter 119. In that connection, I remind you that, to my knowledge, there is no requirement for any further notice in connection with the “Common Right to Know”. Thank you and we look forward to your prompt and courteous response. ACTUAL REQUESTS PS: I had asked to come in and see the this am, which was apparently disregarded on the Town’s end. As a result, I ask you to please advise when: a) I may make a ALL personal inspection; or b) when you can send me copies of records as requested. Brenda – sence I will not be available on Monday, please speak to counsel and prepare any notice(s) required (see above). Hopefully, sending a notice will be unnecessary, as I’m hoping that the Town will supply all requested records in good faith and in accordance with their lawful obligations. RECORDS REQUEST #1898 Dear Ms. Custodian of Records – Please provide copies of all Records Requests (from any party) which have not expired or have not been, to the best of the Town of Gulf Stream’s knowledge (the “Unfulfilled Requests”), fulfilled as of 2:53 p.m. on November 9, 2017 (the “Date”). I intend to come in to visibly inspect the Unfulfilled Requests. I would like to do so on Tuesday morning November 14, 2017 at 9:00 a.m. Unless I hear from you that that is not an appropriate date and time, I will be there then. P. S. In looking at that the “Town’s Log" we do not see a significant number of Unfulfilled Requests as asserted in Ms. Rene Basel's letter to me of November 9, 2017 (the “Basel Communication”). I point this out for convenience. A copy of the Basel Communication is attached for convenience. 1 Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: records Sent: Monday, November 13, 2017 4:51 PM To: Brenda Russell <brussell@commerce-group.com> Subject: FW: GS #2597 (Records Request #1898 Pursuant to Chapter 119 Florida Statutes) From: Renee Basel \[mailto:RBasel@gulf-stream.org\] Sent: Monday, November 13, 2017 4:34 PM To: records <records@commerce-group.com> Subject: GS #2597 (Records Request #1898 Pursuant to Chapter 119 Florida Statutes) 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 November 17, 2017 Martin E. O’Boyle [e-mail to: records@commerce-group.com] Re: GS #2598 (Renewed Request of Records Request #1898) I appreciate your sending me 5 “very large” files, which appear to be (collectively) the Log of the Records Requests from the Town, but your responsive is not responsive. Sooooo, with the above in mind, I renew my request for the requested records. My request is in the attached and is pasted below for convenience. Your prompt attention to this matter would be greatly appreciated. If I do not get a response by the close of business on Friday November 17, 2017, I will send such further notice (if any is required) pursuant to Chapter 119. In that connection, I remind you that, to my knowledge, there is no requirement for any further notice in connection with the “Common Right to Know”. Thank you and we look forward to your prompt and courteous response. PS: I had asked to come in and see the ACTUAL REQUESTS this am, which was apparently disregarded on the Town’s end. As a result, I ask you to please advise when: a) I may make a personal inspection; or b) when you can send me copies of ALL records as requested. Brenda – sence I will not be available on Monday, please speak to counsel and prepare any notice(s) required (see above). Hopefully, sending a notice will be unnecessary, as I’m hoping that the Town will supply all requested records in good faith and in accordance with their lawful obligations. RECORDS REQUEST #1898 Dear Ms. Custodian of Records – Please provide copies of all Records Requests (from any party) which have not expired or have not been, to the best of the Town of Gulf Stream’s knowledge (the “Unfulfilled Requests”), fulfilled as of 2:53 p.m. on November 9, 2017 (the “Date”). I intend to come in to visibly inspect the Unfulfilled Requests. I would like to do so on Tuesday morning November 14, 2017 at 9:00 a.m. Unless I hear from you that that is not an appropriate date and time, I will be there then. P. S. In looking at that the “Town’s Log" we do not see a significant number of Unfulfilled Requests as asserted in Ms. Rene Basel's letter to me of November 9, 2017 (the “Basel Communication”). I point this out for convenience. A copy of the Basel Communication is attached for convenience. Dear Martin E. O’Boyle [e-mail to: records@commerce-group.com]: The Town of Gulf Stream has received your public records request dated November 14, 2017. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/113852/Page1.aspx Please be advised that all records responsive to your request are publicly available on our website by clicking the link http://www.gulf-stream.org/ or go to www.gulf-stream.org and click on “Find a Town Record”. Click the file folder “Public Records Requests”. You will then have folders for years 2013 – 2017. Clicking on any of the folders will give you the option of clicking on “Public Records Number Log” for that particular year. Clicking on that will take you to the log where you can find copies of the actual requests. The statutory obligation of the custodian of public records is to provide access to, or copies of, public records “at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records” provided that the required fees are paid. Section 119.07(1) (a) and (4), F.s. However, a custodian is not required to give out information from the records of his or her office. AGO 80-57. The Public records act does not require a town to produce an employee, such as the financial officer, to answer questions regarding the financial records of the town. AGO 92-38. Cf. In re Report of the Supreme Court Workgroup on Public Records, 825 so. 2d 889, 898 (Fla. 2002) (the custodian of judicial records “is required to provide access to or copies of records but is not required either to provide information from records or to create new records in response to a request”). We consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records