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HomeMy Public PortalAboutPRR 18-2654 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Saturday, July 14, 2018 10:55 AM To:Rita Taylor; Renee Basel Cc:Michelle Melicia; records Subject:Records Request Pursuant to Chapter 119 FS - Passeigatta communications (see below) Dear Madam Custodian of Records and Ms. Basel: 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 September 1, 2015 through the date of this request, which mention or refer to: a) Martin O’Boyle; b) th or the matter involving Martin O’Boyle currently being prosecuted by the State Attorney on the 17 District, emanating from an incident that occurred on or about 9.22.15 where martin O’Boyle was charged with, inter alia: Resisting arrest without violence. As to any records which you choose not to produce on any basis (e.g.: a claim that the record is privileged), kindly provide a Privilege Log or an explanation (pursuant to Chapter 119 or the applicable Common Law – reciting the applicable Common Law) 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. THIS REQUEST IS MADE PURSUANT TO CHAPTER 119, FLORIDA STATUTES; AND IS ALSO MADE PURSUANT TO THE“COMMON LAW RIGHT TO KNOW” AND ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION 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. Note: Please provide a copy of all communications to: mmelicia@commerce-group.com and records@commerce- group.com Thank you and we look forward to your promptly providing the requested records!  PS: If there is any clarification needed, please let us know asap; providing what area clarification is needed (an (a) or (b) above or both); and, if otherwise, please provide – with specificity – precisely the clarification requested, whereupon we will do our best to cooperate. 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: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 18, 2018 Martin E. O’Boyle [e-mail to: meo@commerce-group.com] Re: GS #2654 (Passeggiata communications) 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 September 1, 2015 through the date of this request, which mention or refer to: a) Martin O’Boyle; b) or the matter involving Martin O’Boyle currently being prosecuted by the State Attorney on the 17th District, emanating from an incident that occurred on or about 9.22.15 where martin O’Boyle was charged with, inter alia: Resisting arrest without violence. As to any records which you choose not to produce on any basis (e.g.: a claim that the record is privileged), kindly provide a Privilege Log or an explanation (pursuant to Chapter 119 or the applicable Common Law – reciting the applicable Common Law) 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. PS: If there is any clarification needed, please let us know asap; providing what area clarification is needed (an (a) or (b) above or both); and, if otherwise, please provide – with specificity – precisely the clarification requested, whereupon we will do our best to cooperate. Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 14, 2018. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/119548/Page1.aspx 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 July 31, 2018 Martin E. O'Boyle [e-mail to: meo 0)commerce- group. com] Re: GS #2654 (Passeggiata communications) 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 September 1, 2015 through the date of this request, which mention or refer to: a) Martin O'Boyle; b) or the matter involving Martin O'Boyle currently being prosecuted by the State Attorney on the 17th District, emanating from an incident that occurred on or about 9.22.15 where martin O'Boyle was charged with, inter glia: Resisting arrest without violence. Dear Martin E. O'Boyle [e-mail to: meo(a)commerce- roup.com]: The Town of Gulf Stream has received your public records request dated July 14, 2018. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/I 19548/Page1. aspx The Town has spent at least 15 minutes on your request and is providing you with a partial response at the same link above. To fulfill the remainder of your request, the Town requests a deposit for an additional hour of information technology resources support at $75.00 per hour and one hour of administrative support at $44.14 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. (One hour @ 75.00) + (One hour (k $44.14) = Deposit Due: $119.14 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, As requested by Rita Taylor Town Clerk, Custodian of the Records Page 1 of 1 Incident/Reclassification: Report Status: Reporting Officer: Zone: Bureau: Gulf Stream Police Department 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT THEFT (GRAND) CLEARED BY ARREST SGT. JOHN PASSEGGIATA 4 DETECTIVE Report Date/Time: Supervising Officer: Division: INCIDENT SUMMARY Complaint Number: 17-2263 01/04/2018 18:30 LT. JOHN HASELEY INVESTIGATIVE ON 1/4/18 I RECEIVED AN EMAIL CONTAINING A PICTURE SENT FROM MR. MARTIN O'BOYLE TO CHIEF ALLEN REGARDING CASE 17-2263. THE PICTURE DISPLAYS MR. WADE GREATON HOLDING A MIZNER GRANDE SIGN, PHONE NUMBER DEPICTED ON THE SIGN IN THE PICTURE 561-302-8211. THIS SIGN DOES NOT BELONG TO MR. O'BOYLE AND THEREFORE IS NOT APPLICABLE TO HIS CASE. THE PICTURE FROM THE EMAIL IS PRINTED AND ADDED TO THIS CASE FILE FOR REFERENCE. NO FURTHER INFORMATION. END. September 23, 2015 Regarding Incident Following Budget Hearing 9/22/15 Toward the end of the Gulf Stream Final Budget Hearing of 9/22/15, 1 (WHT) noticed that Mr. Martin O'Boyle (MO), sitting in the audience, appeared upset and angry during the Mayor's comments. So much so that Mr. O'Boyle abruptly stood up and interrupted the Mayor and said something like, "that is a lie". The tape of the meeting should have exactly what Mr. O'Boyle said and perhaps the even tone of how he said even though Mr. O'Boyle was not at a microphone. Following the adjournment of the meeting, Mr. O'Boyle began moving toward and into the foyer to exit the building. I overheard, while still in the chambers, Mr. O'Boyle saying that he was going to mark out the information on the three display boards as they were all lies. I walked into the foyer where I saw and heard Mr. O'Boyle speaking to Gulf Stream Chief, Garrett Ward (GW). This occurred at the north entrance/exit door of the foyer. I observed Mr. O'Boyle aggressively draw very near the Chief and "squared off" his shoulders directly in front of the Chief (without the walker) and blocking the Chief from any forward movement. This action appeared to be combative in nature. The Chief asked Mr. O'Boyle "what is this, is this combatant?" Mr. O'Boyle said "yes". I am sure that others heard this and more important officer John Passeggiata (JP). Officer Passeggiata immediately told Mr. O'Boyle to leave the premises. Mr. O'Boyle refused to do so. Officer Passeggiata made a couple other requests for Mr. O'Boyle to leave, and Mr. O'Boyle refused. Mr. O'Boyle placed himself in the north doorway prohibiting others from exiting through that door. Officer Passeggiata reach out and took Mr. O'Boyle by the right forearm to move him from the doorway. Mr. O'Boyle immediately pulled back his arm and refused the officers request to move from the doorway. The officer again took Mr. O'Boyle by the forearm to remove him from the doorway. At this point I observed Mr. O'Boyle grab the left side of the doorway framing with his left arm/hand and began a gradual descent to the doorway floor mat, eventually kneeling on both knees. Mr. O'Boyle did not fall, or slip nor was he thrown or pushed to the ground. Mr. O'Boyle did not seem to be in pain, he did not "yell out" in pain, or say that he was hurt or in pain. The first thing Mr. O'Boyle said was, "call 911". "1 want an ambulance". Very near this same time, Mr. O'Boyle had a cell phone to his ear in his right hand and was calling/talking to someone. The phone may not have been Mr. O'Boyle's but could have been with the gentleman that attended the Budget meeting with Mr. O'Boyle. A short time later an ambulance was on site and transported Mr. O'Boyle to what most likely was Bethesda hospital. William H. Thrasher, Town Manager Town of Gulf Stream GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESSAFFIDAVIT L hereby give this statement freely and (Type or print name) Voluntarily to �� - on 1 I �- i s - (Officer's name) (Date) at [-� St�c� VU� �, My date of birth is /--Io— / 9391 of interview) My address is 4'7- 3® . C d !7VyJ2o( Phone # L Sworn and subscribed before me, (Signature of Affiant) This�� day of te�L� /,,�� , 20� w personally known to me , (Sign of Notary Public / Offic FS 117,10) Or prod d identitication type of I.D. FL bL4* S 5 3 G -493 - 31-010- 0 Gulf Stream Police Case # AA -7j (v 7 )- Page __L_of L— T V Page 1 of 1 Incident/Reclassification: Report Status: Reporting Officer: Zone: Bureau: Gulf Stream Police Department 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT DISORDERLY CONDUCT ACTIVE SGT. JOHN PASSEGGIATA 2 PATROL Report Date/Time: Supervising Officer: Division: INCIDENT SUMMARY Complaint Number: 15-1672 11/03/2015 11:30 CHIEF. EDWARD ALLEN PATROL AT THE ABOVE DATE AND TIME MR. JOSEPH SANTARELLA OF 4230 COUNTY RD GULF STREAM FL WAS PRESENT AT THE GULF STREAM POLICE DEPARTMENT TO GIVE A WRITTEN VOLUNTARY STATEMENT REGARDING THE DISORDERELY CONDUCT EVENT OF MR. MARTIN O'BOYLE IN THE TOWN HALL LOBBY ON 9/22/15. END.