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HomeMy Public PortalAboutPRR 19-2704 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, April 16, 2019 6:16 AM To:Renee Basel; Rita Taylor Subject:Records Request - Gulf Stream - Martin O'Boyle - Incident - September 22, 2015 Attachments:O'BOYLE SETTLEMENT AGREEMENT.pdf Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly Paragraph #5 thereof, the $250 required will be hand delivered in the am. Upon receipt, that will fulfill the obligation of the Requestor. Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. 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 April 17, 2019 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2704 (Records Request – Incident – September 22, 2015) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: Thank you for your Facilitation Fee of $250.00 by check #24435 for the public record request described above, received by the Town on April 16, 2019. The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx The Town will use its very best efforts to respond to your public records request in a reasonable amount of time. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, April 23, 2019 4:35 AM To:Renee Basel; Rita Taylor Subject:FW: Records Request - Gulf Stream - Martin O'Boyle - Incident - September 22, 2015 Attachments:O'BOYLE SETTLEMENT AGREEMENT.pdf Dear Madam Custodian of Records and Ms. Basel: I make reference to the below Records Request which was made on April 16, 2019. Please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you. The above aside, if the Town needs an additional (and reasonable) period of time to fulfill this “simply stated” request, kindly let me know; and any such reasonable request will be considered. Thank you!  Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Tuesday, April 16, 2019 6:16 AM To: 'Renee Basel' <rbasel@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Subject: Records Request - Gulf Stream - Martin O'Boyle - Incident - September 22, 2015 Dear Madam Custodian of Records & Ms. Renee Basel – please see the below records request. Please promptly advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly Paragraph #5 thereof, the $250 required will be hand delivered in the am. Upon receipt, that will fulfill the obligation of the Requestor. 1 Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. 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 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 29, 2019 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2704 (Records Request – Incident – September 22, 2015) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: Your most recent correspondence related to this public records request on April 23, 2019, provided the Town with notice of your public records request pursuant to Fla. Stat. § 119.12(1)(b), and further informed the Town of your intent to “institute a formal legal action” if you did not receive a response before five business days had elapsed, which would be April 30, 2019. The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx As a courtesy, the Town directs you to Fla. Stat. § 119.12 (3), which may result in the Town being awarded fees against you for such a lawsuit, even if you prevail, and requests that we work together to avoid litigation. It is the Town’s intent to provide you with the records you seek in a reasonable amount of time. The Town has been diligently working on this request, which is very broad, seeking “all records” related to an incident that occurred nearly four years ago, and has been the subject of many previous public records requests by you, your private investigator and your attorneys. Those requests and links to the Town’s responses are as follows: GS 15-1954 (incorporating the 28 page response to GS 15-1928 at: http://www2.gulf-stream.org/WebLink/DocView.aspx?dbid=0&id=65551&page=1&cr=1), available at http://www2.gulf-stream.org/weblink/0/doc/67219/Page1.aspx Provide copies of all information that was displayed and/or were made available in the lobby of the Gulf Stream Town Hall at any time on 9/22/15 which are in the possession of the Town of Gulf Stream. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15-1963, available at http://www2.gulf-stream.org/weblink/0/doc/67570/Page1.aspx Provide copies of all records relating to all 911 calls for an ambulance from the Town of Gulf Stream Town Hall on September 22, 2015 which are in possession of the Town of Gulf Stream. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15- 1983, available at http://www2.gulf-stream.org/weblink/0/doc/67921/Page1.aspx Provide a copy of all complaints made against any Gulf Stream police officer and/or the Gulf Stream Police Department and/or the Town of Gulf Stream beginning January 1, 2010 through October 13, 2015 which are in possession of the Town of Gulf Stream. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15-1994, available at http://www2.gulf-stream.org/weblink/0/doc/68166/Page1.aspx and supplemental response http://www2.gulf-stream.org/weblink/0/doc/68166/Page28.aspx Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” GS 15-2042, available at http://www2.gulf-stream.org/weblink/0/doc/69615/Page1.aspx (additional records are in the possession of your attorney, Jonathan O’Boyle, and can be provided by the Town if you would like another copy) (1) can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. (2) And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. (3) Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. (4) Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. (5) Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. GS 15-2059, available at http://www2.gulf-stream.org/weblink/0/doc/71451/Page1.aspx Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notify the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce-group.com. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15-2078, available at http://www2.gulf-stream.org/weblink/0/doc/75461/Page1.aspx Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref: Delray Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672: (1) CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD (2) Completed Police Officer Use of Force Report (3) Completed Supervisor Incident Report (4) Department Policy and Procedures related to Use of Force (5) Department Policy and Procedures related to persons injured while in custody and control of police (6) Department Policy and procedures for arrest procedures including Misdemeanor crimes (7) Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons (8) Department Policy and Procedures on handling criminal investigations (9) Department Policy and Procedures on processing crime scenes (10) Department Policy and Procedures on handling witness statements (11) All Emails from Chief Garrett Ward reference incident and or Mr. Martin O’Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (12) All Emails from Sgt Passeggiata reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (13) All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (14) All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 (15) Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color While noting that your request is very broad, as interpreted, the Town believes it is sufficient to identify the records you are seeking. We understand your request to be seeking records that both a) mention or refer to Martin O’Boyle, and b) are about the incident at the Town Hall on September 22, 2015. We do not interpret this request to be seeking records generated by you, your attorneys, or agents; or records about the subsequent criminal case that stemmed from this incident, although those records were provided to you in the responses to the above requests. We are also providing you with a copy of the meeting minutes of the September 22, 2015 Budget Meeting, available at http://www2.gulf-stream.org/weblink/0/doc/67607/Page1.aspx. While these records are being provided in an abundance of caution, we also do not interpret these records to be responsive to your request. The responses to the above referenced requests includes more than 100 pages of records and countless hours of work by Town Staff and its contractors during 2015, and will be supplemented upon reviewing additional records. After reviewing the above records, please let us know if your request seeks any additional records not included in the Town’s interpretation of this request. The Town will then supplement its response to include any additional records you seek. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Tuesday, April 30, 2019 9:08 AM To:Renee Basel Cc:Rita Taylor Subject:FW: GS #2704 (Records Request - Incident - September 22, 2015) Attachments:GS #2704 (Records Request - Incident - September 22, 2015)_prod.part.pdf Dear Renee - Thank you for your email below and the attachment, which remains attached to this email. Your recitation of the request (as in the attachment) is properly set forth (and highlighted) below. Note: Please note the correction in the spelling (“Marin” to “Martin”) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Martin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) In referring to the attachment, I find the last 2 paragraphs of the attached letter (which I have highlighted below) to the confusing. Accordingly, I I that you see my clarification in bold immediately following. Firstly, let me say that the request is clear, as made above. That said, I will do my best to clarify. In that connection, I looking for all records that both a) mention or refer to Martin O’Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. NOTE: the request is not seeking records generated by me, my attorneys, or agents; but is requesting, without limitation, all records (including, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream” (as defined above) that both a) mention or refer to Martin O’Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. Incidentally, further to the attachment, I having difficulty understanding what records which you assert have been produced as a result of the links as identified in the attachment, are responsive to the above request. Could you please be more specific. Best, for you to "purge those records", since you understand them and to send them in a separate pdf document. Thank you. 1 PS: this request is time sensitive. I previously provided you with a five-day notice, while at the same time; if you could not produce the responsive documents within the 5 day period, asking you for a reasonable estimate of the time necessary to obtain a full and complete response. Once again, I renew that request. I look forward to your prompt response in that regard. While noting that your request is very broad, as interpreted, the Town believes it is sufficient to identify the records you are seeking. We understand your request to be seeking records that both a) mention or refer to Martin O’Boyle, and b) are about the incident at the Town Hall on September 22, 2015. We do not interpret this request to be seeking records generated by you, your attorneys, or agents; or records about the subsequent criminal case that stemmed from this incident, although those records were provided to you in the responses to the above requests. We are also providing you with a copy of the meeting minutes of the September 22, 2015 Budget Meeting, available at http://www2.gulf- stream.org/weblink/0/doc/67607/Page1.aspx. While these records are being provided in an abundance of caution, we also do not interpret these records to be responsive to your request. The responses to the above referenced requests includes more than 100 pages of records and countless hours of work by Town Staff and its contractors during 2015, and will be supplemented upon reviewing additional records. After reviewing the above records, please let us know if your request seeks any additional records not included in the Town’s interpretation of this request. The Town will then supplement its response to include any additional records you seek. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Renee Basel <RBasel@gulf-stream.org> Sent: Monday, April 29, 2019 4:00 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 (Records Request - Incident - September 22, 2015) Good afternoon, Mr. O’Boyle: See attached correspondence. 2 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. 3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 3, 2019 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2704 (Records Request – Incident – September 22, 2015) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx You have clarified your request to be seeking any records that mention or refer to Martin O’Boyle and refer to the incident at Town Hall on September 22, 2015 either directly or indirectly. Your request as clarified, specifically all records which refer to something “indirectly,” is not sufficient for the Town to identify the records you seek. In order to satisfy your request and respond in good faith, the Town, on April 29, 2019 provided you with records that had been provided in response to seven previous broad requests relating to this incident, and has now performed an IT search of emails from September 22, 2015 to the date of your request with the content “O’Boyle” and “September 22” or “lobby” or “incident,” as well as any emails to or from @sao17.state.fl.us. Further, the Town Attorney also performed searches, including an IT search of emails from jrandolph@jonesfoster.com to @gulf-stream.org and @commerce- group.com from September 22, 2015 to the date of your request with the content “O’Boyl e” and “September 22” or “lobby” or “incident.” The Town will supplement the above production with the remainder of records next week. Upon final determination of the costs associated with responding to this request, the Town will refund what remains of your facilitation fee, if any, or ask for an additional deposit to cover any estimated costs that exceed your initial deposit. Please note that these searches did not include general references to the criminal case number stemming from this incident, which may appear in various iterations of draft settlement documents and related discussions. As it relates to settlement discussions between you or your lawyers and the Town, its lawyers, or it’s Mayor, those records are in your possession and are further deemed to be unresponsive to your request. As a courtesy, e-mails between you and Mayor Scott Morgan have been provided that refer to the criminal case as part of those settlement discussions. However, the Town does not understand your request to be seeking documents generated by you, your attorneys, or agents, or in your possession. The Town endeavors to provide you with records that are responsive to your request, without providing you with unnecessary records that are already in your possession. Please further note that many of these records have met their retention, are transitory in nature, or otherwise are not public records as they do not perpetuate, communicate, or formalize knowledge of the Town of Gulf Stream. Therefore, some of these records are only being provided to you as a courtesy, in an abundance of caution, and should not be construed to be public records or responsive to this request. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Town attorneys raise questions about O'Boyle law firm By Dan Moffett CAFhaus,"Ifinemthingto InFiorida: Sweetappk told Altomrya for the town of Gulf Stream arc challenging the legitimacy of The O'Boyle Law Firm In their defense brought Boum de lawsuits bought by resident Martin O In tisnt he moerlairs ack is e towel counterattack In d.ar eon, fled with who, In documents fiid with the Florida Department of State In February. lims hl=df u the law firms president and direct.,. While Jonathan O'Boyle has a license to practice law in Pennsylvania, he is not Located in Florida, and the Florida Bar requires that lawyers supervising caw ban a rtate relationships between Jonathan O'Boyle. the family law firm, the firm's wnprofit parma Chizer, Awareness Foundation and hundred, ofl weWu that together they filed news, the you actuallyputyour eon Ift a cosition whae you normal a law firm in Browanl County, Amida, bWove he became a Florida lawyer; Swedapple said in the deposition. O'Bo.yl 'Yl e irastmtconed,' mpomded'You hive accurt government: li wid.'butit .than was all about making manay ithr fur The OTfoyk Law Arm." oflaw," Thelawfirm;Cklrena vat —against shmalFs wets as doxns Deerfield ].Mies and Several., government contractor, across the sate —and aha ter, of thousands of dollars the firm received in settlements for the urea The town', complaint argue, that 011 yle'slaw firm isn't bm afide and entitled to take attorneys' law. the Chandler, the manor Citizens Awareness executive director, that Jonathan OTiayle'filed use. In Mess name mthout Mesa's knowledge or comms." Martin O'Boyle mid Sweeuppleheknows nothing about Mm's allegation or how Commerce Ws reel estate Gmupstagmmnben Awareness. Swedappk said that cell phone record, showthat Jonathan O'Boyle was living in his father; Golf Stream home while running the Deerfield law firm —rod while holding Pennsylvania Home that lined law mffias In Philadelphia and Johmm m, sate business records show. Sweetapple said ins the deposition that the Philadelphia address was the townhouse wldena of Jonathon i niter end the Johnstown address was a building owned by his friar; the sswuney uidUBoyk used a all phone with a %I am code u his oda number. ,You put your son in the position of engaging In unauthorised practice of law because you solicited him to participate in your public retards litigation hoe wmIL'Ithmaht it was an Martin O'Boyle and another towns rowent, Christopher OT'are, have fikdabout 1,5011 Public records r aueststo Gulf commissioner, voted to pursue a federal RICO case (Racketeer InBuenad and Corrupt Organtutlons) against the two mm, alleging a pattern ofbehavmr tolmiandam and hams Gulf Stream and other munldpalltier. The O'Boyle Law firm and Citium, Awareness settled public records mita ever alkgd Florida Sunshine Law violatiass with Fanandim Beach (55,000), Cutler Bay (52,250) and Miami Lakes ($2,000), among other. The settlements, Include compensation for legal fen that Sweetappleand Gulf Stream will allege arc unjustified. The Florida Center for Investigative Reporting, a nonprofit news organisation, found that The O'Boyle Law Arm had filed more than 140 lawsuits in 27 nomin for Citizens Awareness and Our Public Records. Besides governments. the firm also mission Is to protect abused, abandoned and neglected children" Chandler said he left his job m CAP in June after It became clearthm'MartyO'Boyle would we public records laws like a dub to get what he wants, mud than money.' O'Boyle called Muslin, -a crook' in the deposition and is suing his femur employee, cWmmg he mi used CAF funds, a charge Chandler flatly denla:'7he only things true in the suit against me were my name and that I Bve In Florida' Jonathan O'Boyle did not return calls and =alit seeking comment for this story MltcheB Borger, a Fort Lauderdale attorneywho repwrnu Martin O'Boyle, blames Gulf Stream sur not making public records anflabl. and calla the tower RICO mll'wfarlunme' Bag. rap bed ran't'dntend to litigate this matt" in the presto" Martin O'Boyle said in the deposition that making his am partofthecasewu'crlmtoW.' 'Your. net an honorable man; he mid Sweetapple. 'What you did to my win, in my world, Marty O'Boyk's world, Minty OBnyle'a definition. I think Is a crime.** r ^.� do with Cltiuna ss.' AwareneMonist O'Boyle during she `^`•. In an inouns w with d 1iflort e=' The CeastalSfpr,Mweven Rwie jun talking Chandlasald that Ms the mnsmx,O'Boyle answered '- - O'Boylelmmded the group lair and said he is"wt sure when last year and recruited him to his son has been living. led It. Chandler said he kft Chandleraahl his O'Boyle Sweetapple CAP after five newt}, beaux relationship with the O'Boyle, he grew disillusioned with its fell a pan when he was unable no Idea what ymrt talking direction. and also unwilling to meet .how." .. __ 9 wanted to promote open aqumaa1725miufiledeach accurt government: li wid.'butit .than was all about making manay ithr fur The OTfoyk Law Arm." oflaw," Thelawfirm;Cklrena vat —against shmalFs wets as doxns Deerfield ].Mies and Several., government contractor, across the sate —and aha ter, of thousands of dollars the firm received in settlements for the urea The town', complaint argue, that 011 yle'slaw firm isn't bm afide and entitled to take attorneys' law. the Chandler, the manor Citizens Awareness executive director, that Jonathan OTiayle'filed use. In Mess name mthout Mesa's knowledge or comms." Martin O'Boyle mid Sweeuppleheknows nothing about Mm's allegation or how Commerce Ws reel estate Gmupstagmmnben Awareness. Swedappk said that cell phone record, showthat Jonathan O'Boyle was living in his father; Golf Stream home while running the Deerfield law firm —rod while holding Pennsylvania Home that lined law mffias In Philadelphia and Johmm m, sate business records show. Sweetapple said ins the deposition that the Philadelphia address was the townhouse wldena of Jonathon i niter end the Johnstown address was a building owned by his friar; the sswuney uidUBoyk used a all phone with a %I am code u his oda number. ,You put your son in the position of engaging In unauthorised practice of law because you solicited him to participate in your public retards litigation hoe wmIL'Ithmaht it was an Martin O'Boyle and another towns rowent, Christopher OT'are, have fikdabout 1,5011 Public records r aueststo Gulf commissioner, voted to pursue a federal RICO case (Racketeer InBuenad and Corrupt Organtutlons) against the two mm, alleging a pattern ofbehavmr tolmiandam and hams Gulf Stream and other munldpalltier. The O'Boyle Law firm and Citium, Awareness settled public records mita ever alkgd Florida Sunshine Law violatiass with Fanandim Beach (55,000), Cutler Bay (52,250) and Miami Lakes ($2,000), among other. The settlements, Include compensation for legal fen that Sweetappleand Gulf Stream will allege arc unjustified. The Florida Center for Investigative Reporting, a nonprofit news organisation, found that The O'Boyle Law Arm had filed more than 140 lawsuits in 27 nomin for Citizens Awareness and Our Public Records. Besides governments. the firm also mission Is to protect abused, abandoned and neglected children" Chandler said he left his job m CAP in June after It became clearthm'MartyO'Boyle would we public records laws like a dub to get what he wants, mud than money.' O'Boyle called Muslin, -a crook' in the deposition and is suing his femur employee, cWmmg he mi used CAF funds, a charge Chandler flatly denla:'7he only things true in the suit against me were my name and that I Bve In Florida' Jonathan O'Boyle did not return calls and =alit seeking comment for this story MltcheB Borger, a Fort Lauderdale attorneywho repwrnu Martin O'Boyle, blames Gulf Stream sur not making public records anflabl. and calla the tower RICO mll'wfarlunme' Bag. rap bed ran't'dntend to litigate this matt" in the presto" Martin O'Boyle said in the deposition that making his am partofthecasewu'crlmtoW.' 'Your. net an honorable man; he mid Sweetapple. 'What you did to my win, in my world, Marty O'Boyk's world, Minty OBnyle'a definition. I think Is a crime.** Anew scant: Public records shakedown file:///F:/CLIENT/T/Town of GulfStream/A new scam Public records... The Florida Bar www.floridabar.org Search: The Florida Bar News Advertising Rates • Classifieds • Attorneys Exchange • Archives • Subscribe • Journal News HOME click to print this page click to e-mail the address for this nage February 1, 2015 A new scam: Public records shakedown Bills filed to prevent more abuses By Jan Pudlow Senior Editor Strapping a video camera around his neck, Jeffrey Marcus Gray entered the offices of Lutheran Social Services of Northeast Florida on June 16, and secretly recorded conversations with employees. The room was where people in need of housing or mental health services or those suffering from AIDS waited for help. The self -described "civil rights activist" said he only wanted to document his request for public records, and when Gray claimed he was denied those public records, he filed a lawsuit against the nonprofit corporation two weeks later, on July 1. But Fourth Circuit Judge Jack M. Schemer called Gray's actions "a baiting gesture meant to achieve personal financial gain; not a legitimate request for public records," and "nothing more than a scam." Sen. Wilton Simpson According to Judge Schemer's December 1 Final Order Denying Relief Under Public Records Act, Gray has been a plaintiff in 18 separate 2014 lawsuits involving public records requests in Duval County. Abraham Shakfeh of Tampa, "is one of the lawyers that files these sults on behalf of Gray," and Shakfeh pays Gray when he recovers attorneys' fees in these cases, according to the judge's order that also detailed that Shakfeh "has filed approximately 13 lawsuits seeking public records on behalf of Gray." The Florida Center for Investigative Reporting, a nonprofit news organization, found more than 140 lawsuits filed in 27 counties by the Citizens Awareness Foundation and sister organization Our Public Records LLC. According to the FCIR, lawyers from the O'Boyle Law Firm, sharing the same address as the foundation, were used in all of the lawsuits reviewed. South Florida millionaire Martin O'Boyle founded the Citizens Awareness Foundation in January 2014, and loaned his son, Jonathan, a Pennsylvania lawyer not licensed in Florida, $400,000 to start the O'Boyle law firm a few weeks later, according to the FCIR. Both entities were housed in the office of Martin O'Boyle's real estate development firm in Deerfield Beach. The Florida Bar Is investigating members of the law firm, and the foundation has since suspended I of3 9/16/2015 4:54 PM A new scam Public records shakedown file:///F:/CLIENT/T/Town of Gulf Stream/A new scam Pub] is records... operations. The lawsuits took advantage of confusion surrounding a year-old change to Florida's public records law requiring that private businesses contracting with public agencies must provide their records for public inspection. The predatory practice involved filing numerous public records requests against public and private agencies, and then suing for noncompliance with those requests. In reaction to news of the public records shakedowns of business owners who contract with state and local governments, Sen. Wilton Simpson, R -Trilby, and Rep. Halsey Beshears, R -Monticello, filed Senate Bill 224 and House Bill 163. Rep. Halsey Beshears "Many Florida business owners contract with and perform services for public agencies," Simpson said. "Over the summer, I learned that across Florida, individuals are approaching some of these businesses to make public records requests for only one purpose: creating confusion for the business owners that leads to frivolous lawsuits to obtain cash settlements." Simpson called details uncovered by the FCIR "deeply troubling." "I am an unwavering supporter of comprehensive public access laws, so citizens can hold their government accountable," Simpson said. "In these cases, though, It is clear that the rights of private citizens and hardworking business owners are being trampled by some unscrupulous people bent on getting rich off a new scam." In the case of Jeffrey Marcus Gray vs. Lutheran Socia/ Services of Northeast Florida, Inc., according to the judge's order, Gray asked to Inspect and photograph the general Insurance policy of LSS. When referred to a second employee, he asked for proof of Insurance required by the contract with the Department of Children and Families Services. That employee said he believed that document was not subject to disclosure according to Chapter 119, Florida's Public Records Act, and Gray should get it from DCF. The contract in question is that Lutheran Social Services would provide youth services to refugees living in Duval County. Gray left the office without providing contact Information, and he testified that he wanted anonymity. The next contact Lutheran Social Services had with Gray was when he filed the lawsuit on July 1. "Oddly, Gray did not identify in his initial complaint the documents that he claimed were denied him," Judge Schemer wrote in his order. "At a preliminary hearing held September 1, 2014, Shakfeh, with Gray beside him, was unsure whether or not his client wanted more than what had already been provided to him. Nevertheless, LSS offered and the court ordered Shakfeh and Gray an opportunity to inspect documents. "The means to request public records under Chapter 119, Florida Statutes, utilized by Gray were unreasonable and a flagrant abuse of the statute. Gray, in an effort to ambush LSS, purposely denied LSS any advance or written notice of his demands, purposely failed to provide any contact Information, and purposely appeared on a busy work day in hopes of manufacturing an attorneys' fee, to be shared with Gray. It was nothing more than a spm." Said Rep. Beshears: "In each case that I've reviewed, government agencies have the records that are being requested. Instead of simply asking the records custodian at the state agency, spam -like emails are sent or even worse, intimidating individuals wearing cameras go onto private property 2 of 3 9/16/2015 4:54 PM A new scam: Public records shakedown file:///F:/CLfENT/T/Town of Gulf Stream/A new scam Public records... and make demands of office staff that have had no training in our public records laws." Said Beth Rawlins, president of Florida Business Watch, a nonprofit trade association for government contractors: "Such abuses have cost businesses and taxpayers hundreds of thousands of dollars; money that should have been spent providing services to citizens. This bill protects the citizen's right to know, while also protecting contractors from bad actors scamming the system to line their own pockets." The proposed legislation requires a party filing action to "provide written notice of the public records request, including a statement that the contractor has not complied with the request, by certified mail to the public agency's custodian of public records at least five business days before filing the action, and provide such notices to the contractor if the contractor is a named party In the action;' Barbara Petersen, president of the First Amendment Foundation, who is an FCIR board member, expressed concerns to the FCIR that the proposed legislation may limit access to public records too severely. Her main objections are that a certified letter must be sent five days before filing a lawsuit and proving that a vendor willfully did not comply with a records request. 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U 01 u N u W U W 0` V V W u W t V t p W L U N W C U J C U J U J C U C U C V C C J J J O E D -o o a E E E a W E m m l7 c v E m d a W E E E c a 0 a `p a E w o l7 3 p u p u o 3 u' E v v c 0 0 0 u 3 0 v o v U u W V W L W 2' t0 W L' %0 W L W u C O W u W LCO u fL C u C C > C_0 W > O_0 1' > c W= C C L W OO V V> Q Oa0 W L o 0 O> Q V c L U O N L N c E> v a y a W E c J� a E v c E a p- No E v a' E W n' c u v 'Q E O '+' N =o U ¢ U a W '¢ E o p - u n o Q E a u n u E u u i.Wi ¢ Q O E O 0 Ca¢ O E O Q a '^ o '^ '^ LO O t7 u u u u u v W W W W W W W W W W W W W W W m W W W W W W W W W m� W� W W 0 0 0 0 0 a 0 0 a= 0 0 a 2 2 0_ 0 0 m 0 m m 0 m 0 m 0 m m m m m m m m O 0 m 0 m m m m m 0 m 'y 0 m 0 m O O m O m m O O O O O O O O O O O O O x 0 0 0 0 0 0 0 6 0 0 y v 0 x 0 0 c c c c c c .E c c c c c c c n c c c c c c c a. c c n a c n c c C C C r r C E E r E .t C r t t r t r .� ° 0'r S r C m m m m m m m m m m m m !^ m m m m m m mm m mL.L m.�o m m Cm G c G U U U U N eN4 N N N N N YI N O O O O O O O O b n C N N m\ N N 1�1 N Y1 N H N N N N N �� N Y V M m 0 II N M N �� O a II II ry N E ry N I I N n t QE m v N m = > m ONS m Y 0 O - U O H v Ln N an O N N `"1 O II m .rvi VI E ry N II m a E N nI M v 2 4 m `m O v O m O Y L �� u Ln N O N O m m .-1 ry m 11 p aN-1 N II w p t= M fn N II 7 V OJ E IO L II �� O ofio ^I ro v Q 0 v = O_m O L �� m ~ O Q c O L C O N U �� L U n N m N m 7 ry a I I m E v M O a a rti II fY) S 2 a 0' II O O m O N 0 v v L 0O L O N O O C L L V U A cv 0 0 High Volume Requests Date Total Number of Requests M. O'Boyle C. O'Hare J. O'Boyle 9/4/2013 18 18 9/20/2013 22 22 9/23/2013 58 58 9/26/2013 6 6 9/29/2013 41 41 10/7/2013 11 11 10/8/2013 89 89 10/11/2013 12 1 12 10/15/2013 13 10 2 1 10/23/2013 15 15 10/29/2013 12 12 11/2/2013 5 5 11/10/2013 9 9 11/13/2013 6 6 11/19/2013 15 15 11/21/2013 5 5 11/23/2013 6 6 12/4/2013 11 11 12/5/2013 6 6 12/20/2013 7 7 12/26/2013 11 11 1/14/2014 14 14 1/16/2014 60 60 1/18/2014 10 10 1/21/2014 is 9 6 1/23/2014 8 8 1/24/2014 5 1 4 2/4/2014 5 4 1 2/11/2014 12 12 2/12/2014 10 2 8 2/13/2014 8 8 2/14/2014 12 6 6 2/17/2014 17 17 2/18/2014 7 7 2/19/2014 8 5 3 3/3/2014 16 16 3/5/2014 5 5 3/14/2014 8 1 5 2 3/27/2014 6 1 5 3/28/2014 6 6 4/14/2014 12 9 3 4/21/2014 6 2 4 4/22/2014 27 26 1 4/23/2014 17 16 1 4/24/2014 7 7 4/30/2014 6 6 High Volume Requests 711 Aliases Christopher O'Hare Martin O'Boyle emailfinder.mail.mail@mail.com Citizen's Awareness Foundation Inc. (CAFI) Pubic Docs Jonathan O'Boyle Permit Verification Stopdirtygovernment, LLC record.public@yahoo.com CG Acquisition, Inc. Archive Inquiry Kelly Humpke c o [mailto:pinegd@gmail.com] Commerce GP, Inc. Digital Record Asset Enhancement, Inc. Irnwaty Tirtarahardja Our Public Records, LLC Frank Smith CRO Aviation, Inc. Janto Djajaputra Denise DeMartini Rodrigo Tejera Airline Highway, LLC Nevada Smith Citizens For Open Government, LLC Keihanaikukauakahihuliheekahaunaele Commerce Realty Group, Inc. Slow Hands Asset Inventory Buffy Howell Giovani Mesa Rec File Jill Mohler File Rec. Brenda Russell (brussell) beau.joreau Total = 17 aliases used 525 times Pau hagen hagenp.waterstop Freddy Farnsworth Gil Gladstone Kimba Nuestra Harry LaFarge John Breuer Billy Trasher Scotty Morgin Bobby Gangrene Gonna White Groan Orthwein Americo Vespuchi Patrick Henry Wyatt Burp Prigs Hypocrites email addresses Louis Roeder Tina Martin Jordan Menter Jim Broom James Baker William Bendix Thrasher Lies June Ellis Total = 44 aliases used 583 times osuld M*lz IN, IV Page I of 1 Incident Type: Location of Incident: Type of Premises: Time of Call: Time of Arrival: Time Completed: Officer Injured: Date/Time Reported: Occurred From: Domestic: Juvenile Involved: Reporting Officer: Gulf Stream Police Department 246 Sea Road Gulf Stream, FL 33483 Phone: (561)278-8611 Fax: (561)276-2528 Complaint Number: 15-1671 NON CRIMINAL OFFENSE REPORT ASSIST OTHER DEPARTMENT 100 SEA RD. GULF STREAM FL 33483 GOVERNMENT BLDG 1802 1802 1821 NO 09/22/2015 18:02 NO NO OFC. BERNARD ODONNELL Name: MARTIN OBOYLE Home Address: 23 HIDDEN HARBOUR DR GULF STREAM FL 33483 Hospital Conveyance: BETHESDA HOSPITAL Zone: 2 Processed By: OFC. B. ODONNELL Other Units Notified: CHIEF G. WARD- LT. E. ALLEN Officer Killed/Assaulted: NO VICTIM Home Phone: Injury: (561)272-5468 NO INCIDENT SUMMARY ON THE ABOVE DATE AND TIME 1 WAS DISPATCHED TO THE GULF STREAM TOWN HALL LOCATED AT 100 SEA RD, GULF STREAM, FL. REFERENCE A MEDICAL CALL. UPON ARRIVAL I WAS MET BY SGT. J. PASSEGGIATA AND MEMBERS OF THE DELRAY BEACH FIRE DEPARTMENT. THE FIRE DEPARTMENT PARAMEDICS WERE IN THE PROCESS OFTREATING THE VICTIM. THE VICTIM WAS LATER IDENTIFIED AS MR. MARTIN O'BOYLE. MR O'BOYLE IS REPORTING A INJURY FROM A FALL. MR. O'BOYLE WAS TREATED AT THE SCENE AND TRANSPORTED BY AMBULANCE TO BETHESDA HOSPITAL. REFER TO SGT. J. PASSEGGIATA INVESTIGATION DOCUMENTED UNDER CASE #15-1672. END OF REPORT. May 6, 2011 gown o fcS'f>zeam / GARRETT J. WARD POLICE DEPARTMENT Chief of Police Mrs. Carolann Spadafora 2710 Cardinal Circle Gulf Stream, FL 33483 Dear Mrs. Spadafora, Re: IAI 1-011 On Thursday, March 29, 2011 you called me at the Gulf Stream Police Department and advised me of an incident that occurred on Saturday, March 19, 2011. You reported that on that day, about 10:30 A.M. you were driving behind a Gulf Stream Police car on Cardinal Circle. The police car suddenly stopped, went into reverse and then traveled at a high rate of. speed in your direction. You stated that both vehicles stopped and that there was no impact or apparent injury sustained by either party. The following day you reported experiencing severe back pain requiring medical attention and you attributed that pain to the incident of the previous day, caused by your tensing or bracing yourself in anticipation of the police car striking your car. You provided me with a description of the officer driving the police car but it did not match either patrol officer working on 3/19/11. Subsequently, Officer David Ginsberg advised that he was in fact driving the vehicle involved but was off duty on 3/19/11, putting the actual date in uncertainty. Officer Ginsberg believes the date to be 3/22/11 as his daily activity log shows him in Place Au Soleil at about 10:30 A.M. Officer Ginsberg is a part time officer and usually performs code enforcement duties Tuesday and Thursday each week. On 4/18/11 you submitted to me, as requested, a sworn written statement, dated 4/11/11, detailing the incident to the best of your recollection. On 4/28/11 Officer Ginsberg submitted a swom written statement, dated 4/25/11, detailing the incident to the best of his recollection. In your written statement you maintain that you were about two car lengths behind the police car when it stopped causing you to stop and it then went into reverse and backed up extremely fast toward you. 246 Sea Road, Gulf Stream, Florida 33483 Tel: (561) 278-8611 • Fax: (561) 276-2528 In his written statement, Ofc. Ginsberg maintains that when he stopped and put the car in reverse there were no cars behind him and as he backed up slowly, you drove rapidly to a point directly behind him and blew your hom. There is also a discrepancy with regard to the conversation that transpired following the incident. You maintain that when you pulled alongside the police car and asked what was going on, Ofc. Ginsberg replied 'That's the spot I like to watch traffic from". Ofc. Ginsberg maintains that he did not make that statement and explains that he was performing code enforcement duties which do not include monitoring traffic. With regard to the central issue of your complaint, there is no evidence of any kind that supports your position or Ofc. Ginsberg's position. There are no witnesses or other corroborating evidence. There was no impact or collision and therefore no physical evidence. As such, I find this complaint to be unsubstantiated. Respectfully, .`Ga"rtae,,�V dr Chief of Police Gulf Stream Police Department fat3 °63 T AM U&a,m P41M Vivo � *h'p.ft*'qnW &r** -MW SWM**" lubsCribed before me, Cz-�o� �' I of At4L-(sigg perso4xk kno" to.=@ PAP 'qr� V, MA. Brown .. )" #DD688147 AUG. 05, 2011 Bn:,*D!I;G CO, INC. GULF STREAM POLICE DEPARTMENT 246 SEA ROAD, GULF STREAM, FL 33483 25 APRIL 2011 FROM: P.O. DAVID S. GINSBERG TO: CHIEF, GULF STREAM POLICE DEPT I AM UNCERTAIN OF THE EXACT DATE OF THE INCIDENT, BUTTO THE BEST OF MY RECOLECTION, ON TUESDAY MARCH 22,2011 1 WAS ON DUTY PERFORMING MY DUTIES AS A CODE ENFORCEMENT OFFICER. AROUND 1040AM I HAD OCCASION TO CHECK A COMMERCIALLY MARKED VEHICLE ON THE DRIVEWAY AT 2740 CARDINAL CIRCLE. UPON LEAVING THAT RESIDENCE, I STARTED TO DRIVE AWAY WHEN I THOUGHT I HEARD SOMEONE CALL OUT TO ME. I STOPPED MY VEHICLE. THERE WAS A VEHICLE PARKED ON THE LEFT SIDE OF THE STREET, NO CARS WERE COMING BEHIND ME, SO I SLOWLY BACKED UP MY VEHICLE WITH MY FOOT AT THE BRAKE AND OFF THE GAS PEDAL. AFTER BACKING UP APPROXAMATELY TWO CAR LENGTHS, A VEHICLE CAME DRIVING UP RAPIDLY TO A POINT DIRECTLY BEHIND ME AND SOUNDED IT'S HORN. I BRAKED MY CAR AND PULLED FORWARD AND TO THE LEFT TO LET THE DRIVER PASS. THE DRIVER WHO I THEN RECOGNIZED AS MRS. SPODAFORA PULLED ALONG SIDE MY VEHICLE. SHE ROLLED DOWN HER WINDOW AND STARED AT ME. I SAID, "SORRY" AS I DID NOT WANT TO ENGAGE HER IN CONVERSATION. SHE DROVE OFF SAYING NOTHING TO ME. I RETURNED TO THE EAST SIDE OF TOWN AND CONTINUED MY INSPECTIONS. I HAVE READ A REPORT SUBMITTED TO THE DEPARTMENT BY CAROLANN SPODAFORA. IN HER REPORT SHE STATES THAT ON SATURDAY, MARCH 19,2011, AN UNIDENTIFIED OFFICER OF THE GULF STREAM POLICE DEPARTMENT WAS DRIVING IN REVERSE EXTREMELY FAST ON CARDINAL CIRCLE. I WAS NOT AT WORK ON SATURDAY, MARCH 19, 2011. 1 WAS OFF DUTY. MRS. SPODAFORA KNOWS ME VERY WELL. I HAVE HAD MANY CONVERSATIONS WITH HER IN THE PAST REGARDING CONSTRUCTION VIOLATIONS. MOST RECENTLY I HAD A CONVERSATION WITH HER REGARDING HER DOG BEING OFF A LEASH AND RUNNING LOOSE. IN MY CAPACITY WORKING AS A CODE ENFORCEMENT OFFICER, I NEVER SIT AND WATCH TRAFFIC AS IT IS NOT PART OF MY DUTIES. OFFICERS WHO DO WATCH FOR VIOLATORS BLOWING THROUGH THE STOP SIGN AT THE CORNER, WOULD NOT SIT THAT FAR DOWN STREET. P.O. DAVID S. GINSBERG 737 GUL S EAM POLICE DEPJ� / L Wei COMMERCE GROUP mobovle0commerce-eroup.com Direct Dial Telephone x954-570-3505 wg ard(@gulf-stream.org September 28, 2015 Town of Gulf Stream Police Department loo Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, "police brutality." Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, "shocks the conscience.") As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a "bad cop" is brought to your attention, I intend to take this matter "upstairs" to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney's Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. www.commerce-group.com TEL 954.360.7713 • FAx 954.360.0807 1280 WE i mwKT CENTER DRm. DEERFinD BEncu, FwRIDA 33442 Page 2 I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, JOLQ Martin E. O'Boyle CC: William Thrasher — Town of Gulf Stream via email William Ring, Esquire via email Jonathan O'Boyle, Esquire via email I:\P\NPR\LWD\Sept 22 15 Incident Ofcr Passeggiata I HEREBY CERTIFY THAT TNiS 1S Gulf Stream Police Department= t �� 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 2 Complaint Number: 15-1672 _ .. -OFFENSE REPORT__ _ .._. _ . _ .... Incident Type: DISORDERELY CONDUCT Location of Incident: 100 SEA RD. Zone: 2 GULF STREAM FL 33483 Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA Time of Call: 1750 Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN Time Completed: 1820 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 09/22/2015 17:50 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: SGT. JOHN PASSEGGIATA WITNESS Name: SERGE DELAVH,LE Home Address: Name: Business Name: Name: Race: Date of Birth: Home Address: 4225 COUNTY RD Home Phone: (561) 274-4940 GULF STREAM FL 33483 Cell Phone: (561) 573-7150 _R .-. _WITNESS__ _.-... ._....___ WILLIAM THRASHER Business Phone: (561) 278-8611 GULF STREAM TOWN MANAGER MARTIN O'BOYLE WHITE 10/12/1951 23 HIDDEN HARBOUR GULF STREAM FL 33483 .-KNOWN SUSPECT Sex: MALE 0 Home Phone: (561) 272-5468 INCIDENT SUMMARY AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?". I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE RESPONDED, "YEAH ITS A COMBAT STANCE." Page 2 of 2 Complaint Number: 15-1672 I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE. HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". . MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY. IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE AND DISORDERLY CONDUCT. PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER, OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS. Page I of 1 T. Gulf Stream Police Department 246 Sea Road FLA T Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Complaint Number: 15-1672 Incident/Reclassification: DISORDERLY CONDUCT Report Status: ACTIVE Report Date/Time: 10/19/2015 16:45 Reporting Officer: LT. EDWARD ALLEN Zone: 2 INCIDENT SUMMARY ON TUESDAY 09/22/15 AT APPROXIMATELY 1750 HOURS I WAS ALERTED TO A DISTURBANCE IN THE TOWN HALL LOBBY. UPON ENTERING THE LOBBY I THEN OBSERVED SGT. PASSEGGIATA ATTEMPTING TO ESCORT MR. O'BOYLE BY THE ARM OUT OF THE BUILDING. MR. O'BOYLE THEN PULLED AWAY AND SLOWLY DROPPED TO HIS KNEES. WHEN SGT. PASSEGGIATA AND CHIEF WARD ATTEMPTED TO ASSIST MR. O'BOYLE TO HIS FEET. MR. O'BOYLE REFUSED THEIR HELP. MR. O'BOYLE THEN REQUESTED AN AMBULANCE. DELRAY FIRE RESCUE RESPONDED AND ATTENDED TO MR. O'BOYLE. O'BOYLE WAS TRANSPORTED TO THE HOSPITAL BY DELRAY FIRE RESCUE. Page I of I �e Gulf Stream Police Department 246 Sea Road FLA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: Report Status: ACTIVE Report Date/Time: Reporting Officer: CHIEF GARRETT WARD INCIDENT SUMMARY Complaint Number: 15-1672 ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL I HEQFBY CERT IIA TIMI' THIS IS A TRUE AND i'ORRECT °;OPY AS FILED IN f Gulf Stream Police Department 246 Sea Road TFIA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 1 Incident/Reclassification: Report Status: Reporting Officer: SUPPLEMENTAL OFFENSE REPORT ACTIVE Report Date/Time: CHIEF GARRETT WARD Supervising Officer: INCIDENT SUMMARY SECOND SUBMISSION RE: TYPO LINE ONE ( DATE AND TIME) Complaint Number: 15-1672 01/22/2016 CHIEF. EDWARD ALLEN ON TUESDAY, 9/22/15 AT APPROXIMATELY 1750 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL AT THE CONCLUSION OF A PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING. HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALL 911, GET ME AN AMBULANCE," ALTHOUGH HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL. OBTS Number ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant Juvenile Juvenile Referral Report 2 NTA. 4. Request for Capias 3 w Agency0 IN-um bar Agency Name Agency Report Number(N.T.A.'s only) '— FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT G Che a'sypa: 5. Ordinance ryry ❑ i. Felony ®3. Misdemeanor ❑ CheeK Weapon Seized/Type 7. Vats Multiple Clearancridicalore tp- m ae many as a I . ❑ 2. TraRc Felon ❑ 4. Traffic Misdemeanor ❑ S. Other 2 2 fJo z Location of AReet (Including Name of Business) Location of Offense (Business Name, Address) f O 6 Dalt of Arrest Time of Arrest Bmldrp Date Boodrp Time Jai Date Jail TIrne Location of Vehitle 9/23ns I Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.) 0'R9xlIe.Mart0n.F 10/12/51, Race Box ate of Birth Height WMyn Eye Coiar Heir Color Complealon Build Bala ck 0-Orlenteal/Aelenaa W M 10/12/51 6'2" 250 Brown Grey Light Large Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of: Y Nk. Married Alcohol Influence e, p ❑ k Local Address (Street. Apt Number) (City) (zip) Phone Residence Type: @� 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 z. county 4. Floridat State 3 LL Permanent Address (Street, Apt Number) (City) (State) Mp) Phone Atltlrees Source ; 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Lp)Occupation D/L Number, State Soc. Sec. Number INS Number Place of Birth (City, State) r rens ip 0140-565-51-372-0 1 New Jersey USA Co-Defendant Name (Last, First, Middle) Race Sax Data of Bim ❑ 1 Arrested ❑ 3. Felony 'c W❑ d Co-Defendant Name (Last, First, Middle) Race ex Dete oi Binh ❑ 4. Misdemeanor 2. At Large ❑ S. Juvenile 3. Felony ❑ 7 Arrested ❑ 4. Misdemeanor ❑ 2 AIL arge 5. Juvenile Parent Nemo (Last) (First) (m,aaie) Residence Phone Legal Custodian Other: Address ( beet. Apt. Number) (Cly) rare (zip)usmeas one ori led by: (Name) Date Time Juvemile Oa'paeltion w L ep le recessed within 2. TOT H z Dept, el. and Released. 3. Incarcerated � Raleaeetl To: (Name) Relationship Date Time l The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la keep the Juvenile Court Clerk (P one 355-2523) informed g� any change of address. Schsol Adanded Grade Lo IJ Yes, by: (Noma) ❑ Na:(fteaeon) 2perty, Crim Description o rope Value of Property LJ Yes LJ Na w 0 Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown Equipment N. NIA B, Buy D. Deliver Distribute Produce/ N. N/A C. Cocaine M. Marijuana Z. Other v P. Possess T. Traffic E. Use Cultivate A Amphetamine E. Heroin O.Opium/Dene S. Synthetics Charge Description Counts U01116511c Statute Violation Number Violation of ORD 0 ac Disorder) Conduct 1 Violence 13Y 877.03 I Drug Activity Drug Type Amount/Unit Offeroe# Warrant Caples Number Bond N N 1 Charge Description CountsDomestic Statute Violation Number Violation of ORD as a Resistin Officer Without Violence 1 pv ®N 843.02 i Drug Activby Drug Type Amount/Unit Offense# Warrent/Copies Number Band N N I 2 Charge Description Counts Domestic Statute Violation Number Violation of ORD is W Violence ¢ ❑Y ❑N s Dnp Activity Dnp Type Amount) Unit Offense# Warrant/Copies Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # Violence c Y ON i Drug Activity Drug Type Amount/Unit Offense# Warrant l Copies Number Band U ❑ Instruction No. 1 Location (Court, Room Number, Address) Mandatory Appearance in Court N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE ❑ Instruction I Court Date and Time a. You need not appear in Court but must comply with instructions on Reverse Side. O Month Day Year Time A.M. rl P.M. rl w 1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY co FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED X 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed HOLD for other Agency Sig lure of Arresting p cat Name Vanflaalion (Printed by Arrestee) Name: X ❑ Dangerous Resisted Arrest Name ct ting Officer (Print) I.D.# (PwM7 PAGE ❑ Suicidal ❑ Other S t. John Pass Tata 748 Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness here II subject signed with an "XV* I I OF OBTS Number ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant Juvenile Referral Report 2. N.T.A 4. Request for Capias 3 w gency0 INum bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT Cherpe Type: ❑ d_Felany ®3. Misdemeanor ❑ 5. Ordinance Check ee Weapon Seized/Type 1. Yea Multiple l- m many I . ❑ 2. Trefec Felon ❑ 4. Traffic Misdemeanor ❑ 6. Other as apply. 2 2 No Clearance ? Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address) f O 6 Dna d Men rare d Arrest Boobrq One Booking Time Jail Date Jail Time Lu®ticn of Vehicle 9/23/15 Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc) 0'H9 le.MartonY 10/12/51, RaceWhe1. San ale d Birth Height W.4pla Eye Color Hair Color Complexion Build B - Blaok g- American Indiaa W M 10/12/51 6'2" 250 Brown Grey Light Large Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of Y N nk Married Alcohol gIl ence a O 0 0 Local Address( treat, Apt.Number) (CRY) a (zip) Phone Residence Type: 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 2. County a. Florida slate 13 LL Permanent Address (Street, Apt. Number) (City) ( ) (Zip) Phone Address Source 0 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Dp) phone uccupotann DAL Number, State Sm. See Number I Num er Pieced Birth (City, Stale) UdizenShIp 0140-565-51-372-0 New Jersey USA Co-Defendant Name (Last, First. Middle) Race Sax Date of Binh D q Mmtetl3. Febny c Ij 05 Co-Defendant Name (Last, First, Middle) Roca I Sax Date of Birth 13 4 Misdemeanor D 2 N LBIpB ❑ 5. Juvenile 3. Felonry Dq Arrested 4. Misdemeanor 2 At targe ❑ S. Juvenile Parent Name (Leat) (First) ( tl lel Residence, Phone Legal Custodian if O ha Address (Street, Apt. Number) (City)tee (2Jp) business enons Notified by: (Name) Data Time Ju till9 0 afltian 1. 2. TOT HRS l z Dept. and Released within DYS Dept. end Released. 3. Incarcerated ed j Released To: (Name) Relationship Date Time The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o Juvenile Clerk(P 355-2526) Informed chooI Attended Died, (Qkeepthe Court one n(any alta n ge of address. LJ Vee, by: (Name) ❑ No: (Reason) ropeny nm.$7 escnp wn a ropey ❑ Value of Property Yes LINO oro Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter Produeel Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown O N. NAA B. Buy D. Deliver Distribute N. f1/A C. Cocaine M. Marijuana Equipment Z. Other xd P. Possess T. Trafic E. Use Cultivate A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics Charge Description Counts Statute Violation Number Violation of ORD # W Vio ancec ❑Y ❑N s Drug Activity Drug Type Amount / Unit Offense # Warrant I Capias Number Bond U Charge Description Counts me Statute Violation Number Violation of ORD to w Vic c pV ❑N i Drug Activity Drug Type Amount I Unit Offense # Warrant I Caples Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # w Violence ❑Y ❑N i Drug Activity Drug Type Amounl l Unit Offense Warrant /Copies Number Bond U Charge Description Counts Domestic Statute Violation Number Violation at ORD# Violence ¢r7lY QN z Drug Activity Drug Type Amount/ Unit Offense # Warrent/ Copies Number Bond U I ❑ Mandatory Appearance In Court Locatio�n (Conn, Room Number, Atldrese) N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE ❑ Instruction No. 2 Court Date and Time Q You need not appear in Court but must comply with Instructions an Reverse Side. O Month Day Year Time AM. 0 P.M. W I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY F FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED z 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed OLD for other Agency Sig ature of Arresting O i Name Verification, (Printed by Mestee) Name: X ALS/ ❑ Dangerous El Ratified Meal Nem d eating GRicer(PmR) ID tt (PRINT) ❑ Suicidal ❑ Other. S L John Passe iota 748 PAGE Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness hate if subject signed with an -%" 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent Juvenile 2. N.T.A. 4. Request for Capias 3 Agency ORI Number Agency Name Agency Report Number o FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1 Q Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea: Chock as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor ❑ 6. Other LL Name (Lest, First, Middle) Aliaa Race Sex Dale of Birth o 'Bo le,Martin,E 10/12/51. W M 10/12/51 ch wo Charge Description Charge Description Disorderly Conduct z Charge Description Charge Description v Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth r Local Address (Street, Apt. Number) (City) (state) (zip) Phone Address Source U_ Business Address (Name, Street) (City) (Slate) (zip) Phone Occupation The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody ® committed the below acts in my presence. ❑ was observed by who told _ El confessed to that he/she saw the arrested person commit the below acts. admitting to the below fads. ❑was found to have committed the below acts, resulBng from my (described) investigation. On the 22 day ofSeptember 20 15 at 5:50 ❑AM. ® P.M. (Specifically Include facts constituting cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to u cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. m SWORN AND SUBS9RIBED BEFORE ME ^t Q \X�/•ARRIES� IFS/ "( a~ SIGNATOR O ARRESTING/INVESTIGATINGO ICER— NNOT RY PU IC / CLERI OF COU PIC (F .S. 117.10) S L John Passe iota = 9/23/15 NAME OF OFFICER (PLEASE PRINT) Q GATE 9/23/15 PAGE DATE 1 OF_ OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant Juvenile 2. N.T.A. 4. Request for Capias 3 1 F Z Agency ORI Number Agency Name Agency Report Number c FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Cherpa Type: 1 Felony pedal Nclas: Chock ® 3. Misdemeanor 5. Ortlinr as many as apply. ❑ 2, Traffic Felony ❑ 4. Traffic Misdemeanor ❑ 6. Other u Name (Last, First, Middle) Alias I Raw Sax Date of Binh o 'Bo Ie,Martin,E 10/12/51, 1 W M 10/12/51 y Charge Description Charge Desorption o Disorderly Conduct 6 Charge Description Charge Description Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Binh Leal Address (Street, Apt. Number) (City) (State) (rip) Phone Address Source V > Business Address (Name, Streit) (City) (theta) (rip) Phone It Occupation The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody ❑ committed the below acts In my presence. ❑ was observed by who told ❑ confessed to that he/she saw the arrested person commit the below acts. admitting to the below facts. ❑ was found to have committed the below acts, resulting from my (described) investigation. On the day of 20 at ❑A. M. ❑ P.M. (Specifically Include facts constituting cause for arrest.) N 7 6 U 6 O K SKARN AND SUBSCRIBED BEFORE ME w ¢ SIGNATURE OF ARRESTING / INVESTIGATING OFFICER 0c �— NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10) SgLJohn Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) a DATE 9/23/15 PACE 2 DATE OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant Juvenile 2, N.T.A. 4, Requeslfcr Capias 3 Agency ORI Number Agency NameAgency Report Number M FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Charge Typa. 1. Felony ® 3. Check Misdemeanor 5. Ordinance Special Notes'. as many as apply. ❑ 2. Traffic Felony ❑ 4. Traffic Misdemeanor ❑ 6. Other u- Name (Last, First. Middle) Alias RaceSex Date of Birth o 'Boyle,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Description Disorderly Conduct ¢ Charge Description Charge Description 3 Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth Local Address (Street, Apt Number) (City) (State) (zip) Phone Address Source r U_ > Business Address (Name, Street) (City) (State) (zip) Phone Occupation The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody ❑ committed the below acts in my presence. ❑ was observed by who told ❑ Confessed to that he/she saw the arrested person Commit the below acts. admitting to the below facts. ❑ was found to have committed the below acts, resulting from my described) investigation. On the day of 20 at ❑A.M, ❑ P.M. (Specifically include facts constituting cause for arrest.) z w w r r y W co co ¢ U W D) ¢ m o oc 6 SWORN AND SUBSCRIBED BEFORE ME W H SIGNATURE OF ARRESTING /INVESTIGATING OFFICER y NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S. 117.10) Sgt. John Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) C DATE 9/23/15 PAGE 3 DATE OF FILING RECEIPT Case No: 1 Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E (NAME) The following in the above style case ( CHECK ® 1•) Police Reports ® 2.) Witness Lists El 3.) Evidence List ® 4.) Probable Cause ® 5.) Rough Arrest ® 6.) Criminal History 0 7.) F1 8.) El 9.) 7 10.) Charged by officer with Disorderly Conduct -Resisting Officer Without Violence– Charges filed by A/S/A Officer's Name: Sgt. John Passeggiata THIS 23 DAY OF September 2015 By — -- Assistant State Attorney GULF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/K/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A ARREST DATE: 9/23/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: Sgt. John Passeggiata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO WHAT AGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) ❑ WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: ❑ ** PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP) PAGE 1 OF—PAGES DEFENDANT / EV 2 D ENC E L= S T O'Boyle,Martin,E DEFENDANT: Circuit Court Case # Sgt. John Passeggiata 1 Arresting Officer Police Dept. Case # Filing Officer: Sgt. John Passeggiata A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? ❑ Yes ® NO ❑ Written ❑ Taped ❑ Oral (Check only if statement was written down when person said it) Copy of transcript provided ❑ Yes ❑ No C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written ❑ Taped ❑ Oral ❑ IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written ❑ Taped ❑ Oral ❑ IF ORAL WHAT DID HE/SHE SAY? PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. (use additional pages if necessary) 1) Person to whom made: Date of Statement: _ _ Written ❑ Taped ❑ Oral ❑ IF ORAL WHAT DID HE/SHE SAY? 2 ) Person to whom made: Date of Statement: Written ❑ Taped ❑ Oral ❑ IF ORAL WHAT DID HE/SHE SAY? E. GRAND JURY TESTIMONY F. CONFIDENTIAL INFORMANT G. ELECTRONIC SURVEILLANCE H. SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) 3) 4) 5) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department PAGE 3 OF _PAGES K. OTHER EVIDENCE. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1 ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) — -- 12 ) L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: ❑ YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item: Date will be furnished: Why not supplied at filing: (use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND CORRECT. SIGNATURE OF FILING OFFICER Gulf Stream Police Department 9/23/15 DATE VICTIM/WITNESS LIST VICTIM: ADDRESS: (W) (H) PAGE 4 OF _pAGES PHONE: (W) (H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ARRESTING OFFICER: Sgt John Passeggiata ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 CAN TESTIFY TO: The information contained within the police reports. w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w NAME: Mr. Serge Delaville ID# ADDRESS: (W) (H) 4225 County Rd Gulf Stream FI 33483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. ........................................»........»..—....................,.....................w_.._—_..«....--- NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department " .................e........................................a........." Page 5 OF Pages NAME: William Thrasher (Town Manager) I D#__ ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall ( H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. .r..+.......................� ............................ �................ .. NAME ID# ADDRESS (W): (H):   PHONE (W): (H): FNDR DIE; Till�� CAN TESTIFY TO: ................................................................................ NAME: I D# ADDRESS(W): (H): PHONE (W): (H) IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ...........,........ �..... �...... �..� ...�............................................. ........ �� �....... NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT I, W i 111 i -m 1"12A5n _. do hereby give this statement freely and (Type or print name) Voluntarily to a CST. — .. �. (nj C-V(�- on 9 I I I S (Officer's name) (Date) at . My date of birth is (location of interview) My address is Phone # Sworn and subscribed before me, This � day of SF P i ary l 5 ili (Signature of giant) 20 15, personally known to meq/, (Signa a of Notary Public / Of cer FSS 117,10) Or produe d identification _, type of LD. Gulf Stream Police Case # Page _of 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 ti gable C Nr,WYQe(� GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT do hereby give this statement freely and (Type or print name) Voluntarily to =:Iho EJ- 0/d jS"c}4A—T)- on (Officer's name) (Date) at n p , My date of birth isG I (location of interview) My address is i1 a Phone # Sr1 - S Z I 0 Sworn and subscribed before me, EL, -,A, ti This W �3 day of S �Zs,, �,5 ( 'nature of giant) '�--I/:personally known to me(of[ lvotary Public / OfneWFS9117,10) Or produced identification _, type of LD, �-L bL 4 b 7S- U Gulf Stream Police Case # 15 — 16 .% rig Page _of '4�'- ppLtCEy Gulf Stream Police Department 246 Sea Road f4A. T Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 1 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: DISORDERLY CONDUCT Report Status: ACTIVE Report Date/Time: Reporting Officer: SGT. JOHN PASSEGGIATA Zone: 2 Division: Bureau: PATROL INCIDENT SUMMARY Complaint Number: 15-1672 11/03/2015 11:30 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. GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTI:M/WITNESS AFFIDAVIT C a_ -�re,-J kAdo hereby give this statement freely (1Ype or print name) and Voluntarily to - i :soS 13 % -��f6v;at� on i L c: � s" (Officer's name) (Date) at [- y-rr� . My date of birth is i --i 1 5' (location of interview) My address is 1 'z. 3v C u'�b v� Phone # 1�f-- sworn and subscribed before me,x This � day of A�� (Signature of Affiant) w personally known to me (Sign r of Notary Public / Oftic FS 117,10) ' Or prod d identification , type of I.D. ��- � .S 5 3 (z, -4 q 3 - 31 Gulf Stream Police Case # __l tJ " t (p % Page —L—of L— TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2015 Jonathan O'Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle - this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information -but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/employment policies_ as_ well -as any policies reflecting the -Towns -ADA -or -Federal - Rehabilitation Act duties: "High Priority. " Dear Jonathan O'Boyle [mail to: iobovle(cDobovlelawfirm.coml, The Town of Gulf Stream received your public records request on October 12, 2015. You should be able to view your request at the following link hU://www2.gulf- stream.or¢/weblink/O/doc/68166/Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. Also, the Town policies can be found by going to www.gulf-stream.org click on "Find a Town Record", click on "Town Clerk, and click on "Policies." We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records RECEIVED 11/13/2015 11:38 5613946102 SBV 11/13/2015 12:11 5612762528 GULF STREAM P D GULF STREAM POLICE DEPARTMENT FACSIMILE TRANSMISSION Date: 11/13/15 To: ROBERT SWEETAPPLE From: CHIEF GARRETTJ. WARD Notation: REQUESTED DOCUMENT Total Pages: 2 with cover At: 394-6102 GULF STREAK{ POLICE DEPARTMENT 246 SEA ROAD GULF STREAM, FL 33483 PHONE: (561) 278-8611 Fax: (561) 276-2528 PAGE 01/02 RECEIVED 11/13/2015 11:38 5613946102 SHV 11/13/2015 12:11 5612762528 GULF STREAM P D PAGE 02/02 OATS Humber PROBABLE CAUSE AFFIDAVff I. ARen n, Requeelkr WartantFlas a,NT.A. 4.RandllkrG 3 Juyenee 2 AWrwy ORINu h. Akl yNene Aaenmy Wital Number FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 C ant, eTYPa: A. Felony ® a. Mlndnmaanor S. Ordinance cb.T.pplyTTeny sprat Nobe: 2. Trnmc FolenY O. TmRe Mbtlamaaner ❑ S. Dln er o Namo(LeaLFosLMkeh) Alla 'BDvle,Mardn E 1011215L Seo W be. M Deie of aiM 1 10/12/51 rn cw;o me". L'narya OasarLebn ii0rderly Conduct hafe Da.101. Gnago Deednpemesistin Officer Without Violence ohn'a Name(LeIL FM Middle) IV Racece; Icareee lavoto, API. NUMm) fent) (9tlel (ZIP) auemeea Addm•a(N..% Street) Saw I61ete) (,ip) Fnue Coleman The undenMnan Wriaieg end naa0fl Inst Works Its tall and realonebW amunde It Native, and doea be00ve /hal IM aeons Immod ceiammn! omanilnd INe 1,111"09 Ylolal'im of Inn. The Pareoa taken into cualotly 3 cwnmltted the o1i acts In my presence. ❑was observed by _ who told ❑ confessed to that hanhe saw the arrested pereon commit the below Beto. admlfting to the balm facts. ❑was bund te have cwnmlbed the cAIM Seen, resulting from my (described) Inwaligaborr. On ibe 22 day of September 20 is at 575a ❑A.u. ® VAIfSpatlfha)ly Include facia conatitufin0 cause fol emast.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"'I" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck. You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". s Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I bad put in an open position, Mr. O"Boyle then stopped and H pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and 4 gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and at disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. aNARN AND 9da9 i0e0 aePORe Me F Qi,,. ,." 91GNATU0. O nRRE6tINGlINVE5TIGATINGO IOi- N0, RY PV IGl CLERI PcOD OFFICER Irk S. 11].10) ME 9/23/15 S t. John Passe iota C NAME OF OPFlDER (PLEASE PRi7 DATE C 9923/15 DATE From: ADM1 - Cynthia Pollard <CRepici@saol7.state.fl.us> Sent: Thursday, October 22, 2015 11:02 AM To: MTC - Nicole Bloom; John Passeggiata Cc: ADM1 - Kim Fontana; ADM1- Kristi Grimm Subject: Executive Assignment Palm Beach Case#15MMM0 Def. Martin O'Boyle Good after Sergeant, ASA Nicole Bloom has been assigned to the case concerning Martin O'Boyle. I have included her on this email and she can be reached by phone at 954-831-8472. Thank you, Cindie Pollard 954-831-7911 From: John Passeggiata [mailto:JPasseggiata@gulf-stream.orgl Sent: Thursday, October 22, 2015 9:56 AM To: ADM1 - Cynthia Pollard <CRepici@sao17.state.fl.us> Subject: Executive Assigment Palm Beach Case#15MMM0 Dear Cynthia, Can you please let me know who will be assigned the Palm Beach case on Martin O'Boyle. Thank You, Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Thursday, October 22, 2015 2:44 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Cc: William Ring <wring@commerce-group.com> Subject: Public Records Request 1994 - Gulf Stream Please remove all private and protected information from PRR 1994 (posted in the year 2015) from your website. I expect this matter will be given your prompt attention. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, FI. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: mobovle()commerce-group.com Web Page: www.commerce-group.com From: John Passeggiata Sent: Monday, November 16, 2015 9:33 AM To: MTC - Nicole Bloom Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Good morning. When you have a free moment please give me a call, below listed cell. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: MTC - Nicole Bloom <NBloom C@saol7.state.fl.us> Sent: Monday, November 9, 2015 3:48 PM To: John Passeggiata Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Good afternoon, Sgt. Passeggiata. My office has been formally appointed by the Governor to prosecute Mr. O'Boyle. Can you please forward to my attention at the address below the video of the meeting, fire rescue reports, and photographs of the exhibits that O'Boyle attempted to deface as we discussed last week? Thank you and regards, Nicole Bloom Supervising Assistant State Attorney Misdemeanor Trial Unit Office of the State Attorney, 17th Judicial Circuit S.E. 6th Street, Room 730 Fort Lauderdale, FL 33301 954.831.8469 nbloom@saol7.state.fl.us From: John Passeggiata ]mailto:JPasseggiata@gulf-stream.org] Sent: Thursday, October 22, 2015 2:08 PM To: MTC- Nicole Bloom <NBloom @saol7.state.fl.us> Subject: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Please contact me on below listed cell when you have an opportuntity regarding case of Martin O'Boyle. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: OConnor, Joanne M.[mailto:JOConnor@jonesfoster.comj Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Maria Sciolto Alvarez <malvarez@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary<MMacfarlane@jonesfoster.com> Subject: RE: Records Request -JRO 7/14/15 Jonathan — - There is no disposition record that references your purported 2013 handwritten records request. I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O'Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non -investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.aulf- stream.oro/weblink/0/doc/67568/13aoe1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata's disciplinary file and employment application. Thanks, Joanne JON FOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor(@,,jonesfoster.com Jones, Foster, Johnston & Snibbs, P.A. Hagler Center Tower, 505 South I Euler Drive, Suite 1100, West Palm I3each, Florida 33401 561-659-3000 1 www.jonesfoster.com TOWN OF GULF STREAM APPLICATION FOR EMPLOYMENT An Equal Opportunity Employer 100 Sea Road Gulf Stream, Florida 33483 (407) 276-5116 (PLEASE PRIIVT PLAINLY IN BLUE OR BLACK INK) II r�ttJu1V L INFORMATION Date: Name st ( (Fust) (Middle) Social Security Number Mailing Address Telephone Number Florida Driver's License Number ... 2112,03— 4-75 -(-0 A 1$ CDL () Operator Are you a citizen of the United Slaw or a registered alien? .................. . es t,y^ No Have you ever been convicted of an offense against the law or forfeited ( ) collateral, or arc you now under charges for any offense against he law? You may omit traffic violations for which you were fined $30 or less, and any offense committed prior to your 21st birthday that was finally adjudicated in a juvenile court or under a youthful offender law ...... . While in the military,..................... • .. • . • ................. () were you ever convicted by a general mart martial ............................................ Yes No Yu () No(,), If the answer is "Ycs' to any of the above, give details below. For each offense, show the date, charge, place, court, and action taken. Attach extra sheets of paper if necessary. NOTE A conviction does not automatically mean you wit, not he hired Have you ever been employed by the Town of Gulf Stream before? If so, give dates of employment: Do you have a relative currently working for the Town? .... Yes() mow Relative's name and relationship: EDUCATION CIRCLE HIGHEST GRADE COMPLETED Grade School 1 2 3 4 5 6 7 8 High School 1 2 3 4 College 1 2 3® Graduate 1 2 3, 4 Schools Name/Address Major Did you Degree Year graduate? Graduated High School or GED XA VI�K µ,S-st N: x411 `£ College QVEENSL.oll�.0 GS'3� 4 Fw114gyN� tt:ran,cen Graduate School, Vocational School Other IMYPb b PDLI [ 5- Ai,A O� t" y JOB INTEREST Position Applied For. e u L I L G O F- F r L E CZ Date you can begin: _z M/ti C Or r:}TF Salary Desired: _ (, �o nl Will you accept: Temporary Work Yes O No (.r Part -Time Work Yes (ONo ( ) a..aa,altal[Y OZJKVIL;E RECORD Were you in the United Sates Armed Forces? Yea () No (1`11!'Yes r what branch? Dates of Duty. to Grade at Discharge:. List dudes in service, including special training received: Li!CLII, SHILLS, APTITUDES and OTHER QUALIFI cATI L'a[ delalls of all skills, aptitudes and other qualifieadow that you feel am relevant ONS to employment. Typmg SP`ed words per miauk Shorthand wpm Speed Writing wpm Office machines you can operate efficiently: _ Machinery or heavy equipment you can operate efficiently: Scholarships, rellowships, honors, etc., you have received: Type of Discharge: ForeignoPcaa Read Write language Excell Good Fair Slight Excell Good `r��-IfjNr t/ Fir Slight Excell Good Fair Sfight v r?! nl i.5 Special qualifimdons and skills (licenses, certificates, memberships in l P profesiooal orgleaiza[ions Or societies, etc.): REFERENCES (Fscluding farmer employers and relatives) Name and Occupation Address 1. r Jas F iAo%i' s„ elllza I '14CLL+J aql D (:;j) paN z. Gfh (16 kliWlLD C MNIl I, t•( `7 7 "� r, . _ LJJQLD t uP LM1) 3. -:yC> N'tJ �•<JwU IlyL l.TJil rvt.rdt6Rtt I �S l 3 w p�:t.A c.oa L N if;to�Cn\ Phone Numbers (Day and Evening 5ioi • 315- G,3&3 S>rt ^ 651- 0707 S6l- L 7b 3Vy5 Sbl^ L 355y PRESENT AND PRIOR EMPLOYMENT List below all present and past employment, beginning with your most recent. All spaces must be completed. A resume may be submitted, but it cannot substitute for completing the questions below. Do not answer a question below with "see resume." --------------- Name and Address of Company and Job Title: Type of Business: Hired P OL I LL Si/A Ge T— Starting Last Ng u yonl/� C, � / Salary Salary POt-tGi �z.�ie'R l i1'1£� 0 �P j1aL4 L �� �� Month/Year ,w; hl%y. N,y. 11)038 May we contact your present/most recent employer at this time? Yes (%.K No () If "No," when? Telephone: Reason for Leaving: (� 2T I R �, tj. Describe the workyou did: rvl9��G{l Name and Title of Supervisor Left tf�ll2Lor �c S Div>S —1 j17G Month/Year Name and Address of Company and Hired Type of Business: C, ao7Lt_ a y b IN �}d0 RSSoc� 6/ &Ii 19 b M )or'D rJa tJ qur. Month/Ye`a77r ,J.y. N) y - Telephone: Left oaf Mouth/Year T, 11ttu% 6 rd-?>G'6a9A JoMb ToHitwlNe�: 'PruG�i '�y�G Starting Last as ring 35,1)0 21WM,) Describe the work you did: Name and Title (-0mr6iSA Pioom MA1jfjwdz of Supervisor a t: Dal I y aS -3.0 641% PtY •TS Reason for Leaving. of LAW zjfDher,P,ti,,,T LA reP_r Name and Address of Company and Type of Business; Hired Job Title: o.4ro Starting Last hfAprrtD;nJ FnAion4Xgs Q/ 7: e.1)/y pUTt r? a P� V. Salary Salary ut, Month/Yr Descnbe the work you did: D fTg i a Name and Title Left 1-{ oNgy wail L4�al 6 4 � of Supervisor SoN�'�u2B�r L /Lf / o�0.�LY oP�nAT�oNS Rr9 Telephone: Month/Year n.iPo; rs. Reason for Leaving: Po r QST -i La 8 Pp tt 'TCa l.a 1 i y Additional copies of the inserted page for PRESENT AND PRIOR EMPLOYMENT may be made by the applicant or requested from Town Hall, as necessary. GULF STREAM POLICE DEPARTMENT EMPLOYEE REFERENCE SUPPLEMENT NAME and OCCUPATION ADDRESS PHONE NUMBER (Day and Evening) .TE,F-F "f ARTLC R, wCAL'o C -u p Gs.-�c j5w - 75 & --13 4 (Sr -.Cl sOoPuc,a�> w�lli��?u . Ft 33t�iy s`t`3t5-�3&3 GAHJ PQ¢.wxe.D y77 wc;QLD Cop 0 CYNRT cs- -r- AJ WS.I(,,,HaT�f—L 2!,3,41,4 .51W- G76 •-„ 2,495 �o%tN D-uotJtlly 1�$/3 �G0.LD u�'L�a+¢ 6b/-2aU-3sS14 It q{,T11 `Yy ,i✓11IU6TON FL 3.��i�� PRESENT AND PRIOR EMPLOYMENT, (Continued) Fo rc wt�uT Name and Address of Company and ofCompany and Name ad Address Of Company end FNawendAddress Business 8Aw_) ASSrc alt Hired Job Title:Stardnl�urv(vTvLO.//HTt of9S Type of Business Hired Job Titles Starting Last Nsl-,� y;,KY, c ,z'y�. J � PGM C. — sin ,�T Salary salon i vL_LC.G J1�PAgT✓LiEa,� Montb/Year Describe the work you did: Lett L -0N P u t z^ a oc ru M41j,g�yn Name and Title of Supervisor Left Describe the work you did: nF Hh«y �Pc..,n-ri�Ns ;t,,,q Left L4,t c/+ r r' �7'+N✓J Name and Title Telephone: Telephone: Month/year IJ,kn LO i L c- - � of Supervisor —D -U 1ePc.'TS, t_.T. If eQ t:: Telephone: Month/year '1/8 - »6 _Gh yes Reason for Leaving: Fo rc wt�uT Name and Address of Company and ofCompany and Type of Business:Hired FNawendAddress Business 8Aw_) ASSrc alt Hired Job Title:Stardnl�urv(vTvLO.//HTt of9S g Last salary A�P,SGN que, Mouthiyear Salary,3 '7 '� �'�- r_j L..i L. N-�Ir Describe the work you did: Lett L -0N P u t z^ a oc ru M41j,g�yn Name and Title of Supervisor Left O p= i R I v5 nF Hh«y �Pc..,n-ri�Ns ;t,,,q lb SH —LLL!, aZnG2Ts. Telephone: Telephone: Month/year ckck, l y oYcnnT itis A.0 J ciw Tore., Reason for Leaving: res sTL1nt L Fo rc wt�uT Name and Address of Company and Type of Business:Hired Job Title t g Last tyAAn 1FwLnG.,aNL ¢y � /� C om AgzC\. O P -4-q eIT � �. Salary,3 '7 '� �'�- Month/Year L..i L. N-�Ir IArwc. OAY., Describe the work you did: Left O p= i R I v5 Name and Title Of Supervisor lb SH �lo,r;ter,,,�ll a,s-.,;F l bye Telephone: M no th/year ckck, l y oYcnnT itis A.0 J ciw Tore., 1ePc.'TS, Reason for Leaving: Name and Address of Company and Type of Business Hired Job Title: Sig LAst Slimy Salary Mcalwyear Describe the work you did Name and Title Left of Supervisor Telephone: Month/Year Reason for Leaving. C—bY 6' T T£ R 00 Pon -U M) Occasionally the format of an employment application makes it difilcult for an individual to adequately summarize his or her complete background or the characteristics he or she can bring to the Position under consideration. Use the space below or attach additional sheets of paper to provide any additional information necessary to describe your full qualifications for the position you are seeking. Thank you for completing this application and for your interest In employment with the Town of Gulf Stream. Your application for employment will be maintained by the Town as an active file for a total of three (3) months from the date it is submitted. PLEASE READ CAREFULLY APPLICANT'S CERTIFICATION AND AGREEMENT Employment at Will: Nothing on this application is intended to create or imply a contractual relationship; if hired, the employee understands that employment is at will, i.e., is not for any specific time period or duration, and can be terminated with or without reason at any time. While employment policies or procedures may change from time to time, only a written agreement signed by the Town Manager can change an employee's at -will status. Probation Period: I understand that my position with the Town is temporary during an introductory period of employment. My employment may be ended during or at the conclusion of the probationary period for any lawful reason without recourse. Physical Examination: I understand that I must take and pass a physical examination before the hiring process is complete. Statement of Applicant: I authorize my former employers to furnish their records of my service. This includes all information they may have concerning me, whether on record or not. I also release them from any liability for any damage in providing this information. Certification: I agree that any false or misleading information supplied by me will be cause for canceling the application Process. After my hiring date, it may cause my dismissal from employment with the Town. I have answered all the questions on this form completely and truthfully. I understand that this application must be fully completed and that incomplete applications will be rejected. I certify that the facts set forth in the above employment application are true and complete to the best of my knowledge. I authorize the Town of Gulf Stream to make any investigation of my personal history. App6carifsSignature: `- �,L , Date:_ UNSIGNED APPLICATIONS WILL NOT BE CONSIDERED TOWN OF GULF STREAM APPLICATION FOR EMPLOYMENT POLICE DEPARTMENT SUPPLEMENT Because of the nature of law enforcement work, applicants for positions within the Gulf Stream Police Department are required to submit additional information. The following application supplement and reference forms must be completed in addition to the general application for Town employment. All information provided is subject to verification. The submission of false or misleading information will be cause for cancellation of the application process or dismissal of an applicant who has been hired. PERSONAL INFORMATION Name (Last, First and Middle) FA 151_06=/-17A t4r l P/4,rt.. Present Home Address (Number, Street, City, State and ZIP Code) How long have you lived at your present address? Home Telephone Numb Current Business Telephone Number: Social Security Number. Date of Birth: Height: S' a I0 Weight: 3 r Sex: Yt'1ALi. 1. Are you a citizen of the United States .............................................. Native Born W Naturalized ( ) Yes (.r No ( ) If Naturalized, where? Z. Do you currently possess a valid driver's license? ....................................... Yes (04o ( ) Driver's License number and state: 9�11,3 -475-- e.0 - a 8- o F�aAi�ra 3. Do you currently possess additional driver's license from any other U.S. state or territory, or the District of Columbia? .................................................................... If your answer is "Yes," give the additional driver's license number(s) and state(s). Yes() No 4. Has your driver's license ever been suspended or revoked? .............................. Yes () No If your answer is "Yes," have your driving privileges since been restored? .................... Yes() No ( ) If your answer to the first question is "Yes," attach a separate sheet of paper with a complete explanation. 5. Have you ever been refused a driver's license? ........................................ Yes() No If your answer is "Yes," attach a separate sheet of paper with a complete explanation 6. Have you ever received a traffic citation, other than a parking ticket? ...................... Yes (0"No ( ) If your answer is "Yes," attach a separate sheet of paper with a complete explanation. 7. Do you have any outstanding, unpaid summons for any parking violations? .................. Yes () No If your answer is "Yes," attach a separate sheet of paper with a complete explanation. 11 PERSONAL INFORMATION (Continued) N 8. Have you ever been convicted of, had adjudication withheld, plead guilty or no contest to any offense other than II �r traffic violations?................. Yes() No (ty ........................................ If your answer is "Yes," attach a separate sheet of paper with a complete explanation. II9. Were you ever the subject of any military discipline proceedings? ......................... Yes () No (✓f L your answer is Yes " attach a separate sheet of paper with a complete explanation. 10. List all places of residence over the past five (5) years, from the most recent to the earliest. Indicate the month and year beginning and ending residence at each location. Be sure to include the complete address (street or apartment number, street name, city, state, and ZIP code. Use a separate sheet cf paper if necessary. i 1 5 J 14 A-tzm 4pt r t 0>,) ...,t/ -Ly AJ %j Y 15�ur{ � i�ps — 355 VANDLQpjIL1 P1<w� pix H11ts 1J:Y1 11iN6 II 11. Do you drink alcoholic beverages? ................................................ Yes (I')"No ( ) Have you ever been arrested for driving while under the influence of alcohol? ............... Yes () No 12. Have you ever used, tried, experimented with, or ingested in any way, and/or sold any narcotic drug, noa-pZuritbed barbiturate, amphetamine, cocaine, marijuana, hallucinogen, or other illegal or controlled substance?....................................................... Yes() No (Vf Do you currently use any narcotic drug, non -prescribed barbiturate, LHave'you ine, cocaine, marijuana, hallucinogen, or other illegal or controlled substance? ....... Yes () No (/f ever been arrested for possession, use or sale of illegal drugs? ................... Yes() Noe course of your duties as a sworn police officer, it may be necessary for you to lawfully take a human e anything in your background, education or beliefs that would prevent you from carrying out ........................................ .................... Yes() Nower is "Yes," attach a separate sheet of paper with a complete explanation. PERSONAL INFORMATION (Continued) 14. List all members of your and, if applicable, your spouse's immediate family. For each aerson give their name, address, relationship and date of birth. Include parents, step-parents, foster parents, guardians, brothers, sisters, children and step -children. Attach an extra sheet of paper if necessary. pFkuL (�,aasc gc;,,g•tc, V51 b15';Tf"9 y,o J eSGPiI,Nca, P.�.SC�. c i at 34NF•LHWjy,+S`7 ��t�1o71f¢II�IIT /$i3a- FnAaV P�SS�zrveTA 4y�"g5 5-oc A- n.A.(-v,j PL- MILITARY LMILITARY BACKGROUND 1. Have you ever served in a military organization of the United States? ....................... Yes() No (vf If your answer is "Yes," attach a copy of Form DD -214. 2. Are you currently a member of a reserve force of a military organization of the United States, or are you a member of a state National Guard unit? ............... Yes() No If your answer is "Yes," attach a separate sheet of paper with complete details. 3. Are you currently registered with the Selective Service System? ............................ Yes No ( ) EMPLOYMENT BACKGROUND 1. Have you ever been discharged or asked to resign from a job for any reason? ................. Yes () No If your answer is "Yes," attach a separate sheet of paper with complete details. 2. May we contact your present employer concerning your job performance? .................... Yes (L"o ( ) If your answer is "No," at what point during the application process may we contact them7 3. Have you ever applied for a law enforcement position with another agency? .................. Yes() No If your answer is "Yes," attach a separate sheet of paper with complete details, including the status of the application(s). REFERENCES 5taY,1�.ItH13aM3.M :..�•"�-•. Attached are.forms to be supplied to your educatio k t1P6 ' wt r Forms are required from all past employers and schools, and from three peo whoWne kautr&Wu fo a years but who are not related to you and are not past employers. Additio own Hall. Print or type the name and address of the reference and your name at the top of the form, and complete and sign the Release section. Do not have the forms completed by the reference. Return them with your application and the Town will distribute them during the background investigation conducted as part of the application process. CERTIFICATION I swear or affirm that this supplemental application contains no misrepresentations, falsifications, omissions, or concealment of material fact, and that information provided by me is true and complete to the best of my knowledge. I am aware that statements made by me on this and other applications are subject to investigation and verification. I also understand that prior to my selection for a position, I may be required to submit to a polygraph examination, and that I will be under an obligation to disclose completely and fully my medical history. I also understand that I will be required to submit to a drug and/or alcohol screening test as a part of the selection process. I authorize the appropriate medical authorities to release the results of any tests and examinations conducted on behalf of the Town of Gulf Stream. I authorize my former employers to furnish their records of my service. This includes all information they may have concerning me, whether on record or not I also release them from any liability for any damage in providing this information. I further understand that if the answers to the questions on this and other applications and documents prove to be false, I will be dropped from the selection process. If already hired, I will be subject to immediate dismissal. STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged beforemeonthis _ 222NCI day of ZeO� . �_ by '-S0 who has produced Ll C ' as identification and who did take an oath. Signature of Notary .P,rigt Name: 'title: My Commission Expires: --� �� 1-2 Q l I T—' (SEAL) F©LE AUTHORITY FOR RELEASE Florida Department of OF INFORMATION Law Enforcement (Background Investigation Waiver) ;� CJSTC Incorporated by Reference in Rule 118-27,0022(2)(b), F.A.C. 58 To: Concerned Person or Authorized APPLICANT'S NAME: i) liT0 P&$_' Representative of Any Organization, Institution or Repository of Records DATE OF BIRTH: SOCIAL SECURITY NUMBER (Optional): , _ EMPLOYING AGENCY REQUESTING BACKGROUND INFORMATION: J"/rt a�rr I hereby authorize any employee or authorized representative bearing this release, or copy thereof, to obtain any information in your files pertaining to my employment records including, but not limited to, achievement, attendance, personal history, disciplinary records, medical records, credit records, and criminal history records. I hereby direct you to release such Information upon request of the bearer. This release is executed with full knowledge and understanding that the Information is for the official use of the requesting agency. Consent is granted for the agency to furnish such Information, as is described above, to third parties in the course of fulfilling its official responsibilities. I hereby release you, as the custodian of such records, and employer, educational institution, physician, hospital or other repository of medical records, credit bureau or consumer reporting agency, including Its officers, employees, and related personnel, both individually and collectively, from any and all liability for damages of whatever kind, which may at any time result to me, my heirs, family or associates because of compliance with this authorization and request to release Information, or any attempt to comply with it A photocopy of this form will be as effective as the original. I hereby authorize the National Records Center, St Louis, Missouri, or other custodian of my military record to release Information or photocopies from my military personnel and related medical records, including a photocopy of my DD 214, Report of Separation, to: Section 768.095, F.S., tided Employer Immunity from Liability; disclosure of information regarding former or current employees states: An employer who discloses Information about a former or current employee to a prospective employer of the former or current employee upon request of the prospective employer or of the former or current employee, is Immune from civil liability for such disclosure of its consequences, unless it Is shown by clear and convincing evidence that the Information disclosed by the former or current employer was knowingly false or violated any civil right of the former or current employee protected under chapter 760, Florida Statutes. Pursuant to Sections 943.134(2)(x) and (4), F.S., Chapter 2001-94, Laws of Florida, disclosure of Information Is required unless contrary to state or federal law. Civil penalties may be available for refusal to disclose non privileged legally obtainable information, AppncanrsGSignature 1 (mal VV Date /�" AFFIDAVIT �( STATE OF (� I lt><t`� COUNTY OF a � Before me personally appeared who says that he/she executed the above instrument of his or her own he will and accord, withfull knowledge of the urpose therefore. _ Swum and subscribed in my presence this _ . day of �0 Y ,� �j G', . 20�_. My Commission expires on .20 © ' Personally Known or - Produced Identification l i t. 1 �Yo Notary Public: h Type of identification produced: Effective: 81912001 Pursuant to Sections 943.134(2)(a) and (4), F.S. Original — Employing Agency BrrMsim John P. Passeggiata LAW ENFORCEMENT CRIMINAL INVESTIGATION. Twenty years of experience of a multifaceted background in the criminal justice system, culminating as a N-ypD Sergeant working with the Organized Crime Control Bureau. Special expertise in narcotics trafficking, with a successful record of undercover operation resulting in apprehension of narcotics dealers and seizure of illegal drugs, contraband, currency, real property and other assets. Worked closely with local, state and federal law enforcement agencies. Credited and supervised several thousand arrests. Summary of Qualifications: . Diversified results oriented experience in investigation, and apprehension of felons. . Broad exposure in a variety of related areas, including planning and executing undercover and surveillance operations, as well as special action plans for problem areas. . Strong work ethic, integrity, self discipline and sound analytical judgement. . Ability to work independently or as part of a team effort. . Strong communication and interpersonal skills. Law Enforcement Experience: New York City Police Department, New York, NY Sergeant/Watch Commander Narcotics Division 12/04-1/06 . Responsible for over three hundred Detectives, and Police officers assigned to command. . Reporting to Headquarters the current operations and deployment of personnel, as well as the results of daily activity, re: search warrants, seizures, and arrest numbers. . Responsible for drugs, currency and property seized, stored and safeguarded for delivery to property clerk. . Supervise the preparations of court affidavits for arrest processing. . Supervise the issuance of tactical equipment for narcotics enforcement. . Supervise and review the roll calls for proper tours of duty Narcotics Detective Sergeant 4/01-12/04 . Responsible for a team of narcotic detectives, initiating and implementing investigations to enforce narcotic and dangerous drug laws of the State of New York and applicable Federal drug laws of the U.S. . Supervised a special narcotics case team, "Good Neighbor". This case team targeted the Lefrak City Housing Projects, which housed over twenty five thousand people. . Responsible in conducting case buy's with undercover detectives, and the deployment of a field team. . Conducted numerous search warrants and seizures. . Worked closely with confidential informants. . Conducted daily buy and bust operations. . Supervised the investigation of case files for criminal prosecution Sergeant/Internal Affairs Bureau 3/99-4/01 . Internal Affairs Investigator. • Investigatedcriminal complaints of police corruption. . Short and long tern surveillance of NYPD employees. . Conducted general order hearing interviews. . Prepared recommendations of Charges and Specifications for possible dismissal of the department. Sergeant/ Patrol Supervisor, Desk Officer 4/98-3/99 . Patrol Supervisor of the Midtown South Precinct in Manhattan NY. . Responsible for approximately ten sector cars responding to radio runs. . Responsible for thirty foot posts throughout the precinct boundaries including in the transit subway system. . Desk Officer duties responsibilities included all precinct operations within the command Proper deployment of officers assigned, including specialized units, re anti crime, peddler unit, domestic violence unit, detective squad, prisoner lodging and escorts, property vouchering. Detective Investigator Narcotics Division 3/95-4/98 . Initiating and implementing investigation to enforce narcotic offenders. . Establish informant and information sources. . Prepare and submit search warrants Police Officer/ NUSD 8/90-3/95 . Management information systems division, responsible for updating and operating the host computer system for the NYPD. Police Officer/ 20th Pct 1/86-8/90 . Patrol Officer. Education . Queens College of the City University of New York • Bachelor of Arts June 1983, Major Computer Science . New York Police Academy • Police Science. Social Science. Law. Physical Education Firearms References: Furnished upon request. COMMERCE GROUP mobovlea commerce-erouo.com Direct Dial Telephone #954.570-3505 November 16, 2015 VIA E-MAIL: rtavlorna.¢ulf-stream.ore TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Custodian of Records Re: Records Request — Martin O'Boyle - #1180 Dear Madam Custodian of Records: Enclosed please find the captioned Records Request. For convenience, I am sending a copy of this letter and the Request to Mr. Sweetapple and Ms. O'Connor. To assure that I will receive all records, I am requesting that Mr. Sweetapple and Ms. O'Connor distribute a copy of this letter and the attachment to all members, partners and employees of their respective firms. Cryours, C -� 0Z Martin E. O'B yle Enclosure cc: Joanne M. O'Connor, Esquire—E-Mail w/ enclosure Robert A. Sweetapple, Esquire — E -Mail w/ enclosure P/NP"RR www.commerce-group.com TEL 954.360.7713 • FA 954.360.0807 1280 WEFT NE RT CDmR Dam, DEERRUD BEAcx, FwaiDA 33442 RECORDS REQUEST (the "Request") Date of Request: November 16, 2015 Requestor's Request ID#: 1180 REQUESTER 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(dcommerce-proOp.COm: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notify the Requestor at the following E -Mail address: recordsag commerce-group.com. In connection with any communications, they should be addressed as follows: recordsOcommerce-group.com. 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 Police Department- its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetavole, Broeker & Varkas; Richman Greer. PA: and Jones. Foster. Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, 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 6119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOVESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I1 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 §119.0701(11) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IFA CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PI! RIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUS-1ODIAN 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 orany costs Imposed to the Requester 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". UP/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 24, 2015 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #12059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would inchale any records in the possession of the Town of GuljStream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notes the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Dear Martin E. O'Boyle [mail to: records@,commerce-erouo.comlI The Town of Gulf Stream has received your public records requests dated November 17, 2015. The original public record request can be found at the following link: htto://www2.gulf- stream.ore/weblink/0/doc/71451/Page l.asox. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large 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. Unless you advise us otherwise, we intend to process your request in the order they were received. Sincerely, Town Clerk, Custodian of the Records RECEIVED 11/13/2015 11:38 5613946102 SBV 11/13/2015 12:11 5612762528 GULF STREAM P D GULF STREAM POLICE DEPARTMENT FACSIMILE TRANSMISSION Date: 11/13/15 To: ROBERT SWEETAPPLE From: CHIEF GARRETTJ. WARD Notation: REQUESTED DOCUMENT Total Pages: 2 with cover At: 394-6102 GULF STREAK{ POLICE DEPARTMENT 246 SEA ROAD GULF STREAM, FL 33483 PHONE: (561) 278-8611 Fax: (561) 276-2528 PAGE 01/02 RECEIVED 11/13/2015 11:38 5613946102 SHV 11/13/2015 12:11 5612762528 GULF STREAM P D PAGE 02/02 OATS Humber PROBABLE CAUSE AFFIDAVff I. ARen n, Requeelkr WartantFlas a,NT.A. 4.RandllkrG 3 Juyenee 2 AWrwy ORINu h. Akl yNene Aaenmy Wital Number FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 C ant, eTYPa: A. Felony ® a. Mlndnmaanor S. Ordinance cb.T.pplyTTeny sprat Nobe: 2. Trnmc FolenY O. TmRe Mbtlamaaner ❑ S. Dln er o Namo(LeaLFosLMkeh) Alla 'BDvle,Mardn E 1011215L Seo W be. M Deie of aiM 1 10/12/51 rn cw;o me". L'narya OasarLebn ii0rderly Conduct hafe Da.101. Gnago Deednpemesistin Officer Without Violence ohn'a Name(LeIL FM Middle) IV Racece; Icareee lavoto, API. NUMm) fent) (9tlel (ZIP) auemeea Addm•a(N..% Street) Saw I61ete) (,ip) Fnue Coleman The undenMnan Wriaieg end naa0fl Inst Works Its tall and realonebW amunde It Native, and doea be00ve /hal IM aeons Immod ceiammn! omanilnd INe 1,111"09 Ylolal'im of Inn. The Pareoa taken into cualotly 3 cwnmltted the o1i acts In my presence. ❑was observed by _ who told ❑ confessed to that hanhe saw the arrested pereon commit the below Beto. admlfting to the balm facts. ❑was bund te have cwnmlbed the cAIM Seen, resulting from my (described) Inwaligaborr. On ibe 22 day of September 20 is at 575a ❑A.u. ® VAIfSpatlfha)ly Include facia conatitufin0 cause fol emast.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"'I" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck. You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". s Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I bad put in an open position, Mr. O"Boyle then stopped and H pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and 4 gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and at disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. aNARN AND 9da9 i0e0 aePORe Me F Qi,,. ,." 91GNATU0. O nRRE6tINGlINVE5TIGATINGO IOi- N0, RY PV IGl CLERI PcOD OFFICER Irk S. 11].10) ME 9/23/15 S t. John Passe iota C NAME OF OPFlDER (PLEASE PRi7 DATE C 9923/15 DATE From: ADM1 - Cynthia Pollard <CRepici@saol7.state.fl.us> Sent: Thursday, October 22, 2015 11:02 AM To: MTC - Nicole Bloom; John Passeggiata Cc: ADM1 - Kim Fontana; ADM1- Kristi Grimm Subject: Executive Assignment Palm Beach Case#15MMM0 Def. Martin O'Boyle Good after Sergeant, ASA Nicole Bloom has been assigned to the case concerning Martin O'Boyle. I have included her on this email and she can be reached by phone at 954-831-8472. Thank you, Cindie Pollard 954-831-7911 From: John Passeggiata [mailto:JPasseggiata@gulf-stream.orgl Sent: Thursday, October 22, 2015 9:56 AM To: ADM1 - Cynthia Pollard <CRepici@sao17.state.fl.us> Subject: Executive Assigment Palm Beach Case#15MMM0 Dear Cynthia, Can you please let me know who will be assigned the Palm Beach case on Martin O'Boyle. Thank You, Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: John Passeggiata Sent: Monday, November 16, 2015 9:33 AM To: MTC - Nicole Bloom Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Good morning. When you have a free moment please give me a call, below listed cell. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: MTC - Nicole Bloom <NBloom C@saol7.state.fl.us> Sent: Monday, November 9, 2015 3:48 PM To: John Passeggiata Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Good afternoon, Sgt. Passeggiata. My office has been formally appointed by the Governor to prosecute Mr. O'Boyle. Can you please forward to my attention at the address below the video of the meeting, fire rescue reports, and photographs of the exhibits that O'Boyle attempted to deface as we discussed last week? Thank you and regards, Nicole Bloom Supervising Assistant State Attorney Misdemeanor Trial Unit Office of the State Attorney, 17th Judicial Circuit S.E. 6th Street, Room 730 Fort Lauderdale, FL 33301 954.831.8469 nbloom@saol7.state.fl.us From: John Passeggiata ]mailto:JPasseggiata@gulf-stream.org] Sent: Thursday, October 22, 2015 2:08 PM To: MTC- Nicole Bloom <NBloom @saol7.state.fl.us> Subject: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Please contact me on below listed cell when you have an opportuntity regarding case of Martin O'Boyle. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 8, 2015 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly note the requestor at the following email address: records@commerce-grottp.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) Dear Martin E. O'Boyle [mail to: records(a,commerce-eroup.coml, The Town of Gulf Stream received your public records request on November 17, 2015. You should be able to view your request at the following link httv://www2.gulf- stream.ore/weblink/O/doc/71451/Pagel.aWx. In future correspondence, please refer to this public records request by the above referenced numbers. There are responsive documents which can be found at the same above link. There was a similar request in which you can find more responsive documents at the following link: htti)://www2.gulf-stream.org/weblink/O/doc/68166/Pagel.asi)x. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records SUPPLEMENTAL RESPONSE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 23, 2015 Martin O'Boyle [mail to: records@commerce-group.com] Re: GS #2059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notify the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. The term "Town of Gulf Stream " shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) Dear Martin O'Boyle [mail to: records@commerce-erouo.comlI The Town of Gulf Stream received your original public records request on November 17, 2015. You should be able to view your request at the following link http://www2.zulf- stream.org/weblink/O/doc/71451/Pagel.asi)x. In future correspondence, please refer to this public records request by the above referenced numbers. The supplemental responsive document can be found by going to www.gulf-stream.org. Go to "Find a Town Record", click on "Public Records Requests", click on "2015", click on "Public Record Requests 2015", click on "PRR 15-1994.01". We consider this closed. Sincerely, Town Clerk, Custodian of the Records AY_ 'If q '100, i 1 1'r olot! m -4v m I P. I.p G i ) v OF E 0 a rl From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Monday, September 28, 2015 3:13 PM To: 'Randolph, John C.' (JRandolph@jonesfoster.com) Cc: Rita Taylor Subject: FW: Incident 9/22/15 TOGS Lobby of Town Hall - MEO Complaint Letter Skip, Please advise. Thanks, Bill From: Brenda Russell [mailto:brussell@commerce-group.com] Sent: Monday, September 28, 2015 2:52 PM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org>; William Ring <wring@oboylelawfirm.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: Incident 9/22/15 TOGS Lobby of Town Hall - MEO Complaint Letter Kindly note the attached letter from Martin O'Boyle re incident which occurred on September 22, 2015 in the lobby of the Gulf Stream Town Hall. 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-sroup.com 1 COMMERCE GROUP moboyle 0 commerce -group. corn Direct Dial Telephone #954-570-3505 gward (@ gulf -stream. org September 28, 2015 Town of Gulf Stream Police Department loo Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, "police brutality." Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, "shocks the conscience.") As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a "bad cop" is brought to your attention, I intend to take this matter "upstairs" to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney's Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. www.commerce-group.com TEL. 954.360.7713 . FAX. 954.360.0807 1280 WEST NEWPORT CENTER DRNE, DEERFIELD BEACH, FLORIDA 33442 Page 2 I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, Martin E. O'Bo le CC: William Thrasher — Town of Gulf Stream via email William Ring, Esquire via email Jonathan O'Boyle, Esquire via email I:\P\NPR\L\AD\Sept 22 15 Incident Ofcr Passeggiata From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Monday, December 7, 2015 10:27 AM To: Garrett Ward Cc: Rita Taylor;OConnor, Joanne M.(JOConnor@jonesfoster.com);'Randolph, John C.' (JRandolph@jonesfoster.com);Matias, Sally (SMatias@jonesfoster.com) Subject: FW: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 What is the status of the Town responding and when to respond this email. From: Marty O'Boyle [mailto:moboyle@commerce-group.com] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re -send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 128o W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954 -36o -o807 Cell: 561213 3486 E-mail: mobovle(@commerce-izrouD.com Web Page: www.commerce-group.com COMMERCE GROUP moboyle(@commerce-jzrouD.com Direct Dial Telephone #954-570-3505 gwardPgulf-stream.org September 28, 2015 Town of Gulf Stream Police Department loo Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, "police brutality." Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, "shocks the conscience.") As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a "bad cop" is brought to your attention, I intend to take this matter "upstairs" to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney's Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. www.commerce-group.com TEL. 954.360.7713 . FAx 954.360.0807 1280 WEST NEWPORT CENTER DRNE, DEERFIELD BEACH, FLORIDA 33442 Page 2 I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, Martin E. O'Bo le CC: William Thrasher — Town of Gulf Stream via email William Ring, Esquire via email Jonathan O'Boyle, Esquire via email I:\P\NPR\L\AD\Sept 22 15 Incident Ofcr Passeggiata From: Bill Thrasher <bthrasher@gulf-stream.org> Sent: Monday, September 28, 2015 3:13 PM To: 'Randolph, John C.' (JRandolph@jonesfoster.com) Cc: Rita Taylor Subject: FW: Incident 9/22/15 TOGS Lobby of Town Hall - MEO Complaint Letter Skip, Please advise. Thanks, Bill From: Brenda Russell [mailto:brussell@commerce-group.com) Sent: Monday, September 28, 2015 2:52 PM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthaasher@gulf-stream.org>; William Ring <wring@oboylelawfirm.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; Marty O'Boyle <moboyle@commerce-group.com> Subject: Incident 9/22/15 TOGS Lobby of Town Hall - MEO Complaint Letter Kindly note the attached letter from Martin O'Boyle re incident which occurred on September 22, 2015 in the lobby of the Gulf Stream Town Hall. 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 brussellc@commerce-eroup.com COMMERCE GROUP moboyle(@commerce-group.cam Direct Dial Telephone #954-570-3505 gvvard(@gulf-stream.org September 28, 2015 Town of Gulf Stream Police Department loo Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, "police brutality." Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, "shocks the conscience.") As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a "bad cop" is brought to your attention, I intend to take this matter "upstairs" to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney's Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. www.commerce-group.com TEL 954.360.7713 . FAx 954.360.0807 1280 WEn NEWPORT CENTER DRIVE, DEERFIELD BEACH. FLORIDA 33442 Page 2 I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, -tel � Martin E. O'Bo e CC: William Thrasher— Town of Gulf Stream via email William Ring, Esquire via email Jonathan O'Boyle, Esquire via email I:1P\NPR\L\AD\Sept 22 15 Incident Ofcr Passeggiata Mr. Martin E. O’Boyle Commerce Group 1280 West Newport Center Drive Deerfield Beach, Florida 33442 Dear Mr. O’Boyle, This is in response to your letter of September 28, 2015. Please be advised that I invite you to provide the Town with a formal statement under oath relating to the general allegations contained within your letter. You are welcome to call Rita Taylor and arrange for same. In the meantime, as you may already be aware, the State Attorney’s office has issued a Notice to Appear relating to your actions on the date of this incident. Once we have received all of the information relating to this matter, we will give further consideration to the allegations set forth in your letter. Finally, please be advised that you are welcome to have the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney’s office look into this matter. Very truly yours p:\\docs\\13147\\00001\\ltr\\1na9304.docx From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a "low priority." Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records — I think that is fair under Due Process and a reasonable good -faith response. Then I can make a determination as to whether to alert the Attorney General's office for mediation or — as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a low priority." Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again "low priority." I will note that under Chapter 119, searches are not compensable, if you intend to assess a special search" charge, please let me know the Town's authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one -pager. "Mid - Priority." Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle — this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information — but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/ employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: "High Priority." Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non -disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual — all else can be redacted to ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else's reports (which should ameliorate the Town's interest in non -disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. "High Priority." As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. I HEREBY CERTIFY THAT TNiS 1S Gulf Stream Police Department= t 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 2 Complaint Number: 15-1672 OFFENSE REPORT__ _ .._. _ . _ .... Incident Type: DISORDERELY CONDUCT Location of Incident: 100 SEA RD. Zone: 2 GULF STREAM FL 33483 Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA Time of Call: 1750 Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN Time Completed: 1820 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 09/22/2015 17:50 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: SGT. JOHN PASSEGGIATA WITNESS Name: SERGE DELAVH,LE Home Address: Name: Business Name: Name: Race: Date of Birth: Home Address: 4225 COUNTY RD Home Phone: 561) 274-4940 GULF STREAM FL 33483 Cell Phone: 561) 573-7150 R .-. WITNESS__ WILLIAM THRASHER Business Phone: 561) 278-8611 GULF STREAM TOWN MANAGER MARTIN O'BOYLE WHITE 10/12/1951 23 HIDDEN HARBOUR GULF STREAM FL 33483 KNOWN SUSPECT Sex: MALE 0 Home Phone: (561) 272-5468 INCIDENT SUMMARY AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?". I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE RESPONDED, "YEAH ITS A COMBAT STANCE." Page 2 of 2 Complaint Number: 15-1672 I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE. HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". . MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY. IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE AND DISORDERLY CONDUCT. PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER, OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS. Page I of I e Gulf Stream Police Department 246 Sea Road FLA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: Report Status: ACTIVE Report Date/Time: Reporting Officer: CHIEF GARRETT WARD INCIDENT SUMMARY Complaint Number: 15-1672 ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL I HEQFBY CERT IIA TIMI' THIS IS A TRUE AND i'ORRECT °;OPY AS FILED IN f OBTS Number ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant Juvenile Juvenile Referral Report 2 NTA. 4. Request for Capias 3 w Agency0 IN-um bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT G Che a'sypa: 5. Ordinanceryry i. Felony ®3. Misdemeanor CheeK Weapon Seized/Type 7. Vats MultipleClearancridicalore tp- m ae many as a I . 2. TraRc Felon 4. Traffic Misdemeanor S. Other 2 2 fJo z Location of AReet (Including Name of Business) Location of Offense (Business Name, Address) fO6 Dalt of Arrest Time of Arrest Bmldrp Date Boodrp Time Jai Date Jail TIrne Location of Vehitle 9/23ns I Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.) 0'R9xlIe.Mart0n.F 10/12/51, Race Box ate of Birth Height WMyn Eye Coiar Heir Color Complealon Build Bala ck 0-Orlenteal/ Aelenaa W M 10/12/51 6'2" 250 Brown Grey Light Large Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of: Y Nk. Married Alcohol Influencee, p k Local Address (Street. Apt Number) (City) (zip) Phone Residence Type: @ 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 z. county 4. Floridat State 3 LL Permanent Address (Street, Apt Number) (City) (State) Mp) Phone Atltlrees Source 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Lp)Occupation D/L Number, State Soc. Sec. Number INS Number Place of Birth (City, State) r rens ip 0140-565-51-372-0 1 New Jersey USA Co-Defendant Name (Last, First, Middle) Race Sax Data of Bim 1 Arrested 3. Felony cW d Co-Defendant Name (Last, First, Middle) Race ex Dete oi Binh 4. Misdemeanor 2. At Large S. Juvenile 3. Felony7Arrested 4. Misdemeanor 2 AIL arge 5. Juvenile Parent Nemo (Last) (First) (m,aaie) Residence Phone Legal Custodian Other: Address ( beet. Apt. Number) (Cly) rare (zip)usmeas one ori led by: (Name) Date Time Juvemile Oa'paeltionwLeplerecessed within 2. TOT H z Dept, el. and Released. 3. Incarcerated Raleaeetl To: (Name) Relationship Date Time l The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la keep the Juvenile Court Clerk (P one 355-2523) informed g any change of address. Schsol Adanded Grade LoIJ Yes, by: (Noma) Na:(fteaeon) 2perty, Crim Description o rope Value of Property LJ Yes LJ Na w0 Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown EquipmentN. NIA B, Buy D. Deliver Distribute Produce/ N. N/A C. Cocaine M. Marijuana Z. Other v P. Possess T. Traffic E. Use Cultivate A Amphetamine E. Heroin O.Opium/Dene S. Synthetics Charge Description Counts U01116511c Statute Violation Number Violation of ORD 0 ac Disorder) Conduct 1 Violence13Y 877.03 I Drug Activity Drug Type Amount/Unit Offeroe# Warrant Caples Number Bond N N 1 Charge Description CountsDomestic Statute Violation Number Violation of ORD as a Resistin Officer Without Violence 1 pv ®N 843.02 i Drug Activby Drug Type Amount/Unit Offense# Warrent/Copies Number Band N N I 2 Charge Description Counts Domestic Statute Violation Number Violation of ORD is W ViolenceY N s Dnp Activity Dnp Type Amount) Unit Offense# Warrant/Copies Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # Violence c Y ON i Drug Activity Drug Type Amount/Unit Offense# Warrant l Copies Number Band U Instruction No. 1 Location (Court, Room Number, Address) Mandatory Appearance in Court N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE Instruction I Court Date and Timea. You need not appear in Court but must comply with instructions on Reverse Side. O Month Day Year Time A.M. rl P.M. rl w 1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY co FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED X 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed HOLD for other Agency Sig lure of Arresting p cat Name Vanflaalion (Printed by Arrestee) Name: X Dangerous Resisted Arrest Name ct ting Officer (Print) I.D.# PwM7 PAGESuicidal Other S t. John Pass Tata 748 Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness here II subject signed with an "XV* I I OF OBTS Number ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant Juvenile Referral Report 2. N.T.A 4. Request for Capias 3 w gency0 INum bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT Cherpe Type: d_Felany ®3. Misdemeanor 5. Ordinance Check ee Weapon Seized/Type 1. Yea Multiple l- m many I . 2. Trefec Felon 4. Traffic Misdemeanor 6. Otherasapply. 2 2 No Clearance Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address) fO6 Dna d Men rare d Arrest Boobrq One Booking Time Jail Date Jail Time Lu®ticn of Vehicle 9/23/15 Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc) 0'H9 le.MartonY 10/12/51, RaceWhe1. San ale d Birth Height W.4pla Eye Color Hair Color Complexion Build B - Blaok g- American Indiaa W M 10/12/51 6'2" 250 Brown Grey Light Large Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of Y N nk Married AlcoholgIl encea O 0 0 Local Address( treat, Apt.Number) (CRY) a (zip) Phone Residence Type: 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 2. County a. Florida slate 13 LL Permanent Address (Street, Apt. Number) (City) ( ) (Zip) Phone Address Source 0 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Dp) phone uccupotann DAL Number, State Sm. See Number I Num er Pieced Birth (City, Stale) UdizenShIp 0140-565-51-372-0 New Jersey USA Co-Defendant Name (Last, First. Middle) Race Sax Date of Binh D q Mmtetl3. FebnycIj 05 Co-Defendant Name (Last, First, Middle) Roca I Sax Date of Birth 13 4 MisdemeanorD2NLBIpB 5. Juvenile 3. FelonryDqArrested 4. Misdemeanor 2 At targe S. Juvenile Parent Name (Leat) (First) ( tl lel Residence, Phone Legal Custodian ifOha Address (Street, Apt. Number) (City)tee (2Jp) business enons Notified by: (Name) Data Time Ju till9 0 afltian 1. 2. TOT HRS l z Dept. and Released within DYS Dept. end Released. 3. Incarcerateded j Released To: (Name) Relationship Date Time The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o Juvenile Clerk(P 355-2526) Informed chooI Attended Died, Qkeepthe Court one n(any alta n ge of address. LJ Vee, by: (Name) No: (Reason) ropeny nm.$7 escnp wn a ropey Value of Property Yes LINO oro Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter Produeel Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown O N. NAA B. Buy D. Deliver Distribute N. f1/A C. Cocaine M. Marijuana Equipment Z. Other xd P. Possess T. Trafic E. Use Cultivate A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics Charge Description Counts Statute Violation Number Violation of ORD # W Vio ancec Y N s Drug Activity Drug Type Amount / Unit Offense # Warrant I Capias Number Bond U Charge Description Counts me Statute Violation Number Violation of ORD to w Vic c pV N i Drug Activity Drug Type Amount I Unit Offense # Warrant I Caples Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # w ViolenceY N i Drug Activity Drug Type Amounl l Unit Offense Warrant /Copies Number Bond U Charge Description Counts Domestic Statute Violation Number Violation at ORD# Violencer7lYQN z Drug Activity Drug Type Amount/ Unit Offense # Warrent/ Copies Number Bond U I Mandatory Appearance In Court Locatio n (Conn, Room Number, Atldrese) N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICEInstructionNo. 2 Court Date and TimeQYouneednotappearinCourtbutmust comply with Instructions an Reverse Side. O Month Day Year Time AM. 0 P.M. W I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY F FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED z 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed OLD for other Agency Sig ature of Arresting O i Name Verification, (Printed by Mestee) Name: X ALS/ Dangerous El Ratified Meal Nem d eating GRicer(PmR) ID tt PRINT) Suicidal Other. S L John Passe iota 748 PAGE Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness hate if subject signed with an -%" 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent Juvenile 2. N.T.A. 4. Request for Capias 3 Agency ORI Number Agency Name Agency Report Number o FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1 Q Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea: Chock as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other LL Name (Lest, First, Middle) Aliaa Race Sex Dale of Birth o Bo le,Martin,E 10/12/51.W M 10/12/51 ch wo Charge Description Charge Description Disorderly Conduct z Charge Description Charge Description v Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth r Local Address (Street, Apt. Number) (City) (state) (zip) Phone Address Source U_ Business Address (Name, Street) (City) (Slate) (zip) Phone Occupation The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told El confessed to that he/she saw the arrested person commit the below acts. admitting to the below fads. was found to have committed the below acts, resulBng from my (described) investigation. On the 22 day ofSeptember 20 15 at 5:50 AM. ® P.M. (Specifically Include facts constituting cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to u cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. m SWORN AND SUBS9RIBED BEFORE ME ^ tQ \X/•ARRIES IFS/ a~ SIGNATOR O ARRESTING/INVESTIGATINGO ICER— NNOT RY PU IC / CLERI OF COU PIC (F .S. 117.10) S L John Passe iota 9/23/15 NAME OF OFFICER (PLEASE PRINT) Q GATE 9/23/15 PAGE DATE 1 OF_ OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant Juvenile 2. N.T.A. 4. Request for Capias 31 F Z Agency ORI Number Agency Name Agency Report Number c FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Cherpa Type: 1 Felony pedal Nclas: Chock ® 3. Misdemeanor 5. Ortlinrasmany as apply. 2, Traffic Felony 4. Traffic Misdemeanor 6. Other u Name (Last, First, Middle) Alias I Raw Sax Date of Binh o Bo Ie,Martin,E 10/12/51,1 W M 10/12/51 y Charge Description Charge Desorption o Disorderly Conduct 6 Charge Description Charge Description Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Binh Leal Address (Street, Apt. Number) (City) (State) (rip) Phone Address Source V Business Address (Name, Streit) (City) (theta) (rip) Phone It Occupation The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts In my presence. was observed by who told confessed to that he/she saw the arrested person commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my (described) investigation. On the day of 20 at A. M. P.M. (Specifically Include facts constituting cause for arrest.) N76U 6 OK SKARN AND SUBSCRIBED BEFORE ME w SIGNATURE OF ARRESTING / INVESTIGATING OFFICER 0c NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10) SgLJohn Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) a DATE 9/23/15 PACE 2DATE OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant Juvenile 2, N.T.A. 4, Requeslfcr Capias 3 Agency ORI Number Agency NameAgency Report Number M FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Charge Typa. 1. Felony ® 3. Check Misdemeanor 5. Ordinance Special Notes'. as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other u- Name (Last, First. Middle) Alias RaceSex Date of Birth o Boyle,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Description Disorderly Conduct Charge Description Charge Description 3 Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth Local Address (Street, Apt Number) City) (State) (zip) Phone Address Source rU_ Business Address (Name, Street) City) (State) (zip) Phone Occupation The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told Confessed to that he/she saw the arrested person Commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my described) investigation. On the day of 20 at A.M, P.M. (Specifically include facts constituting cause for arrest.) zw wr ryWcoco UW D) mooc6 SWORN AND SUBSCRIBED BEFORE ME W H SIGNATURE OF ARRESTING /INVESTIGATING OFFICER y NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S. 117.10) Sgt. John Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) C DATE 9/23/15 PAGE 3DATE OF FILING RECEIPT Case No: 1 Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E NAME) The following in the above style case ( CHECK 1•) Police Reports 2.) Witness Lists El 3.) Evidence List 4.) Probable Cause 5.) Rough Arrest 6.) Criminal History 0 7.) F1 8.) El 9.) 7 10.) Charged by officer with Disorderly Conduct -Resisting Officer Without Violence– Charges filed by A/S/A Officer's Name: Sgt. John Passeggiata THIS 23 DAY OF September 2015 By — -- Assistant State Attorney GULF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/K/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A ARREST DATE: 9/23/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: Sgt. John Passeggiata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO WHAT AGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP) PAGE 1 OF—PAGES DEFENDANT / EV 2 D ENC E L= S T O'Boyle,Martin,E DEFENDANT: Circuit Court Case # Sgt. John Passeggiata 1 Arresting Officer Police Dept. Case # Filing Officer: Sgt. John Passeggiata A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? Yes ® NO Written Taped Oral (Check only if statement was written down when person said it) Copy of transcript provided Yes No C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. use additional pages if necessary) 1) Person to whom made: Date of Statement: _ _ Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? 2 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? E. GRAND JURY TESTIMONY F. CONFIDENTIAL INFORMANT G. ELECTRONIC SURVEILLANCE H. SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) 3) 4) 5) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department PAGE 3 OF _PAGES K. OTHER EVIDENCE. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1 ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) — -- 12 ) L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item: Date will be furnished: Why not supplied at filing: use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND CORRECT. SIGNATURE OF FILING OFFICER Gulf Stream Police Department 9/23/15 DATE VICTIM/WITNESS LIST VICTIM: ADDRESS: (W) H) PAGE 4 OF _pAGES PHONE: (W) (H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ARRESTING OFFICER: Sgt John Passeggiata ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 CAN TESTIFY TO: The information contained within the police reports. w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w NAME: Mr. Serge Delaville ID# ADDRESS: (W) H) 4225 County Rd Gulf Stream FI 33483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. w_.._—_..«....--- NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department e........................................a.........• Page 5 OF Pages NAME: William Thrasher (Town Manager) I D#__ ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. r..+.......................» ............................ «................ NAME ID# ADDRESS (W): H): — — PHONE (W): (H): FNDR DIE; Till CAN TESTIFY TO: NAME: I D# ADDRESS(W): H): PHONE (W): (H) IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT I, W i 111 i -m 1"12A5n _. do hereby give this statement freely andTypeorprintname) Voluntarily to a CST. — .. . (nj C-V(- on 9 I I I S Officer's name) (Date) at . My date of birth is location of interview) My address is Phone # Sworn and subscribed before me, This day of SF P iary l 5 ili (Signature of giant) 20 15, personally known to meq/, Signa a of Notary Public / Of cer FSS 117,10) Or produe d identification _, type of LD. Gulf Stream Police Case # Page _of 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 ti gable C Nr,WYQe( GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT do hereby give this statement freely andTypeorprintname) Voluntarily to =:Iho EJ- 0/d jS"c}4A—T)- on Officer's name) (Date) at n p , My date of birth isG I location of interview) My address is i1 a Phone # Sr1 - S Z I 0 Sworn and subscribed before me, EL, -,A, ti This W 3 day of S Zs,, ,5 ( ' nature of giant) I/:personally known to me(of[ lvotary Public / OfneWFS9117,10) Or produced identification _, type of LD, -L bL 4 b 7S- U Gulf Stream Police Case # 15 — 16 .% rig Page _of 4'- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2015 Jonathan O'Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle - this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information -but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/employment policies_ as_ well -as any policies reflecting the -Towns -ADA -or -Federal - Rehabilitation Act duties: "High Priority. " Dear Jonathan O'Boyle [mail to: iobovle(cDobovlelawfirm.coml, The Town of Gulf Stream received your public records request on October 12, 2015. You should be able to view your request at the following link hU://www2.gulf- stream.or¢/weblink/O/doc/68166/Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. Also, the Town policies can be found by going to www.gulf-stream.org click on "Find a Town Record", click on "Town Clerk, and click on "Policies." We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:John Passeggiata Sent:Friday, January 29, 2016 10:01 AM To:MTC - Nicole Bloom Subject:Additional Witness statement Attachments:PD0005.pdf Nicole , Please find attached a witness statement taken on 11/3/15. You may find it helpful. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell 561-504-0812 1 Page 1 of I Qo�,cF Gulf Stream Police Department 246 Sea Road FIA, V Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: DISORDERLY CONDUCT Report Status: ACTIVE Report Date/Time: Reporting Officer: SGT. JOHN PASSEGGIATA Zone: 2 Division: Bureau: PATROL INCIDENT SUMMARY Complaint Number: 15-1672 x� 11/03/2015 11:30 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. GULF STREAM POLICE DEPARTMENT . Palm Beach County, State Of Florida 32CT MS�SAF�IFIDNVIT taavr-�j 4�d 0 hereby give this (Type or print name) statement freely and Voluntarily to at4-- (Officer's 11 name) on _LL.11 (Date) My date of birth is i' --i C�-). - j e7"-Z'�v (location of interview) • MY address is 4,7- C, C1 14- "h # ..: '%� one 15 - ? j —M Js— e, !a- -f ?Md M Sworn and subscribed before me, This day of (Signature of Airint) is (sip r ofN0t8rY Public Offj,; personally known to me rl V PS 11 .10) Or prod IdentMcation-L 6' type o I.D. Gn1fQ,,.- 'r',U" Police Case # —ij -- J � `] �,Page —j --of Renee Basel From:ADM1 - Cynthia Pollard <CRepici@sao17.state.fl.us> Sent:Thursday, October 22, 2015 11:03 AM To:MTC - Nicole Bloom; John Passeggiata Cc:ADM1 - Kim Fontana; ADM1 - Kristi Grimm Subject:Executive Assignment Palm Beach Case#15MMM0 Def. Martin O'Boyle Good after Sergeant, ASA Nicole Bloom has been assigned to the case concerning Martin O’Boyle. I have included her on this email and she can be reached by phone at 954-831-8472. Thank you, Cindie Pollard 954-831-7911 From: John Passeggiata \[mailto:JPasseggiata@gulf-stream.org\] Sent: Thursday, October 22, 2015 9:56 AM To: ADM1 - Cynthia Pollard <CRepici@sao17.state.fl.us> Subject: Executive Assigment Palm Beach Case#15MMM0 Dear Cynthia, Can you please let me know who will be assigned the Palm Beach case on Martin O'Boyle. Thank You, Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell 561-504-0812 1 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:15 PM To:Trey Nazzaro Subject:Fw: O'Boyle - Follow Up Another old email that mentions “criminal case” From: Scott Morgan Sent: Wednesday, June 21, 2017 11:46 AM To: Joanne M. OConnor ; Trey Nazzaro ; Bob Sweetapple ; Hudson Gill Subject: Fw: O'Boyle - Follow Up From: Marty O'Boyle Sent: Wednesday, June 21, 2017 11:34 AM To: Scott Morgan Subject: RE: O'Boyle - settlement agreement and releases Scott – further to the below, I have a few moments and – before the settlement blows o pieces, I want to lay out where I’m coming from. Incidentally, there are many permutation that could work (which is why I suggested a Mediator), but below is as simple as can be. Here goes: 1The Town and I execute Mutual Releases (including O’Boyle Law Firm and lawyers there). This includes the criminal case; or no release re criminal case. 2We dismiss all claims, potential claims, etc. against each other. 3Public Records requests withdrawn. Limit\\restrict future requests, as I have no intention on filing any. You told me to call you if I want information, which is just what I will do. 4You handle the situation with Jon 5You provide the letters to the guys (integrity, ethically, professionally – all as you said). 6Releases to any others who want – provided they give. Remember, this ends the Public Records Litigation and the Town’s hemorrhaging of the Taxpayer’s $$$. Tell me why this doesn’t work. I welcome you to call me on my cell if you wish to discuss. Re-igniting the litigation is a “Bad Move”, but you could make that call. The above serves the Town’s people well, which should be your focus. Scott, peace should be the ultimate goal. I remind out that I have several suits coming up, at least one where the Town was willing to admit liability; and I also remind you of case 4474, where we have a Judgement for liability, with fees of $500k+… a big risk for the taxpayers, that can be easily be avoided. Please also remember that the only reason for me to capitulate is based on: Jon and his team. Otherwise, there is no incentive to give up what is at least one material claim – 4474 – which the Town already lost; and maybe others “around the corner”. Why would you resist this proposal? I just don’t get it, especially since I believe that it is precisely what we agreed to. PS: The final agreement should also have innocuous and customary boiler plate provisions which “cut both ways”. Are we cool? If so, I will work with Bill to get done tonight if I can. I have an early evening flight and 2 important meetings both tomorrow and Friday, but, I, like you, want (and have wanted) to get done asap. 1 I await hearing from you!  Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive 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: Marty O'Boyle Sent: Wednesday, June 21, 2017 10:08 AM To: 'Scott Morgan' Subject: RE: O'Boyle - settlement agreement and releases Scott – I am not going to sign the docs without reading them, nor would you. If you wish to “fire away”, I think it is silly, but we will oblige you in return. The one thing that I am not going to do is sign them; read them and (perhaps) withdraw them…that’ not my style. After I read them, I will either sign them or I will tell you where I think they are deficient and why. If our goals are the same, I think you are running the risk of “blowing the deal up”, which punishes the taxpayers of Gulfstream. Let me know if you want to stop negotiations and re-engage litigation (which I think it is silly). I think a Mediator puts it in the end zone in hours. Your resistance makes me suspect as to your intentions, since a Mediator is only a win, with no chance of a loss. What’s your pleasure? PS: I have eliminated all the “PS’s”. This is between you and I!  Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive 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: Scott Morgan \[mailto:scottmorgan75@gmail.com\] Sent: Wednesday, June 21, 2017 9:57 AM To: Marty O'Boyle Cc: OConnor, Joanne M.; hochman@jambg.com; William Ring; Hudson Gill; Bob Sweetapple; Trey Nazzaro Subject: Re: O'Boyle - settlement agreement and releases 2 Marty, like you, I want to resolve these things with both sides dismissing its claims and signing releases against future lawsuits. I appreciate your difficult schedule but ,frankly, the terms of our agreement have really not changed, and the current set of documents reflects our agreement. At our last meeting, Jeff Hochman and I even agreed to use your proposed format for the releases instead of our forms. Marty—today is the day to end this. There is nothing more to negotiate or terms to change. There is nothing to mediate. The releases say what they should say---and everyone just walks away. I hope you and your lawyers will agree to bring this all to a conclusion. In the meantime, as I have reiterated in every conversation, there is no stay. I again ask you to sign the documents, Marty. Sign them and let me take them to the Town to add my signature. From: Marty O'Boyle Sent: Wednesday, June 21, 2017 6:05 AM To: scottmorgan75@gmail.com Cc: William Ring ; OConnor, Joanne M. ; hochman@jambg.com ; William Ring Subject: FW: O'Boyle - settlement agreement and releases Scott – I was sent the attached on Sunday afternoon by Bill Ring. As you know, I came back from my trip on Saturday night; and Sunday was Father’s day. Although I am not looking for sympathy (but I am looking to instill reality), I started this am at 4am; and I will work until 7:30am, then I will leave at 10 to 8am for an 8am meeting, then on to a 9:15am Mediation in Ft. Lauderdale; then to a flight to North Carolina, where I will than drive 150 miles to Knoxville, then on to WV, Pitt, Greensburg, Pa., Uniontown, Pa., Indiana, Pa. Clarion, Pa., Beaver Falls, Pa., Johnstown, Pa. King of Prussia, Pa., Philadelphia, Pa. and to Atlantic City th for my youngest daughter’s 29 ‘surprise” Birthday Party followed by a short spell in Atlantic City with my family, where I also intend to relax and catch up on my work. I apologize that things have not taken the course of expediency that you have plotted, but I remind you that when Scott went away (whether it be on R&R or on a working trip), we leave you alone. I only ask that you respect me in that regard. I work hard; and I want to get done, but I could only address so much while traveling and with such a rigorous schedule…I know you understand. Scott, you know the deal that we made; that we shook on; and that we looked each other on the eye on. I fully intend to continue on the course to conclude that deal, but, as I see it (no – as it has become clear), there are many misunderstandings; and I am virtually certain that they emanate from your end. The “line in the sand’ that I “sign an unseen and unreviewed” agreement by yesterday was far from reasonable; and was, frankly an absurd request (no demand); and was certainly far from conducive to reaching resolution! th So I now come to “what do you want to do”? Starting in a couple of hours, I am away until July 10. I am more than happy to work on the Settlement (while traveling – but only when I have time – and time to focus). 3 If you really want to get done, my suggestion is that we now schedule a Mediation with Fred Hazouri (you know who he is) on the earliest possible date after my return; and “bring the deal into the end zone”, as we should. (Of course – if that’s what you want to do – it’s a “no lose” proposition, which I think should bring finality – we both need to cooperate – no standing on form – no standing on ceremony – ego’s left wat the door – and a “goal” to get done); but if you want to fight (which I don’t and which I find silly), then that’s what you want to do. Your response here will be a clear signal. If you want to move forward with your threats, which start (according to your lawyers) this am, we are ready for you. Please “back off”, as such a course is not conducive to a Settlement; and will likely inflame an “almost done” settlement, which doesn’t happen will punish the taxpayers of the Town.. Scott – if you have had a change of heart and wish to renege on our agreement, I understand; and I know what to do. I hope you haven’t. I await hearing from you and only you. I will be checking my email, today. Please let me hear from you by noon if at all possible. If you call (which would be better), I will make every effort to take your call (or call you back promptly). You just need to tell me your intentions; and you just need to tell me that “Marty and Scott” are going to work together to get done. Right now, based on the threats, your side has put the Settlement on hold and have us gearing up to accommodate the threats that your lawyers say will commence this am. I will hold up taking any action until noon. I hope you could see your way clear to relaxing and I hope you could convince your lawyers to stop trying to push me around, as “that just ain’t gonna happen”! As I told you before: “I’m not Chris O’Hare”. So let’s get done! It’s up to you. I await your prompt response. Thank you; and “I can’t say it enough, embrace my desire and “let’s get done”! Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive 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: William Ring \[mailto:wring@oboylelawfirm.com\] Sent: Sunday, June 18, 2017 5:38 PM To: Marty O'Boyle; Jonathan O'Boyle; Giovani Mesa Subject: FW: O'Boyle - settlement agreement and releases William F. Ring O'Boyle Law Firm 1286 West Newport Center Drive Deerfield Beach, FL 33442 4 954-570-3510 (ph) 954-328-4383 (cell) From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Thursday, June 15, 2017 12:00 PM To: William Ring Cc: Hudson Gill; Randolph, John C.; Robert Sweetapple Subject: O'Boyle - settlement agreement and releases Bill – My understanding is that all parties, including the attorneys for those parties, seek a full and final resolution of the disputes between them. There are pending suits by Marty against me, Bob and our firms. And I would think the attorneys on your side would seek comfort that you will not be subject to any future claims based on past conduct. To that end, the Town has agreed to write to the Florida Bar regarding those lawyers. To confirm an end to any litigation, I have revised the settlement agreement to include a release by Marty of the Town’s contractors (there is a pending suit against Brannon & Gillespie by Mr. O’Boyle) and the its attorneys. I have changed the Town’s release of the attorneys on your side to exclude the carve-out for future litigation. I have drafted two separate releases: (1) O’Boyle Attorneys releasing Town, its agents, and attorneys and (2) Town Attorneys releasing O’Boyle, O’Boyle Entities and O’Boyle Attorneys. In Jeff’s absence, please contact me with comments, questions or concerns. I am in this afternoon and tomorrow 2pm or later (on a CLE panel in the morning) Thanks, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 5 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:16 PM To:Trey Nazzaro Subject:Fw: Settlement - O'Boyle\\Gulf Stream Email referencing the state attorney case From: scottmorgan75@gmail.com Sent: Friday, June 09, 2017 3:08 PM To: Marty O'Boyle Subject: Re: Settlement - O'Boyle\\Gulf Stream Thanks for getting back to me, Marty. Are you in town? If so, we can meet tomorrow to discuss. As I mentioned to you when we were working on Chris’ settlement, our litigation defense will continue until such time as signatures appear on a release. This will mean signatures of all OLF lawyers, yourself, and, if needed, corporate representatives for companies that you cannot sign for. I will not postpone the trial on Tuesday unless those signatures are on the releases allowing me to schedule a special Commission meeting for approval. Let me know if Saturday or Sunday is convenient for you. Scott From: Marty O'Boyle Sent: Friday, June 09, 2017 3:00 PM To: scottmorgan75@gmail.com Subject: RE: Settlement - O'Boyle\\Gulf Stream This is a privileged and confidential settlement communication and may not be used in any legal or quasi legal proceeding or for any other purpose. Scott – thanks for your email and welcome back. After our meeting I memorialized my notes and provided them to our counsel; and to the best of my knowledge, our Agreement is precisely what you and I agreed to. I have no intention of changing my position from our handshake; and I assume that you feel the same way. I think the easiest thing to do is for you and I to meet (calmly and privately) and work through the drafts with the intention of “getting done”. Since our goals are the same, I think our working together toward and accomplishing the final (and successful) goal, should be a “lay up”. In that connection, aside from the Release language (which must be mutual – as agreed – and yours is not), we need to address the provisions of our Agreement and either delete them, make them more clear, incorporate them in yours, or use ours; but, I repeat, I have no intentions of altering our Agreement. 1 Let me know your wishes on how we could, together, bring this into the end zone. PS: I understand that there is a trial on Tuesday before Judge Haffely, Will the Town agree to delay it. There is no harm as I see it, but I need to hear from you as to this issue and as to getting this all behind this. Scott, let me assure you that I approach this with a favorable attitude. PS: Would you speak to Ms. Bloom at the State Attorney’s Office in Ft. Lauderdale. I am being pressured by our counsel (Michael Salnick) to subpoena Skip, the Commissioners and all others in the room the night that I went to the hospital from the Town Hall for depositions. Time is not our friend here; and I don’t see where it is productive for me to keep spending time and money on such non-sense; nor do I see it as wise to start deposing the Town lawyer, the Commissioners and the Town residents who attended the Commission Meeting that night . To do so, could only result in inflammation. I hope you could oblige my request here; I hope we could both work together and make the words in the formal document reflect our “handshake” agreement. Let’s get done!  Scott - kindly advise me promptly re my inquiries in this email. I reiterate that I think it unwise to proceed with any actions which could at all be (or become) inflammatory. I await your kind response. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive 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: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Thursday, June 08, 2017 2:10 PM To: Marty O'Boyle Subject: Re: Settlement - O'Boyle\\Gulf Stream Marty—I’m afraid I don’t understand this email. I am back in town and spoke with our lawyers, who said there is no impasse other than the form of the release. Your lawyer proposed a long, broad and attachment-filled release whereas we require the same type of release already signed by Chris O’Hare—one that is simple, clear and precise. Essentially, you and I agreed that the parties would discontinue their actions with each side bearing its own costs. That’s really what needs to be memorialized in the release so I am unclear why your attorneys are suggesting using a document with attachments and including vague language terms that down the road could lead to a problem with “interpretation.” A simple, clear release is preferable because it discourages the possibility of a future violation of the settlement terms---to put it simply, a judge will be able to quickly and easily understand the parties’ agreement and identify the occurrence of a breach. That’s the type of enforcement both of us should want. 2 If I am mistaken about the release, and you are actually seeking to change the nature of our agreement, please let me know. From: Marty O'Boyle Sent: Thursday, June 01, 2017 10:26 PM To: scottmorgan75@gmail.com Subject: Settlement - O'Boyle\\Gulf Stream Hi Scott – sorry to disturb you on your vacation, but I thought it best to give you a progress report. Scott – although our side wants to get this done, I see little chance of our getting done before your return. Unless I’m missing something, in your absence, I don’t think we advanced a bit. I think after you get back, we should set up a meeting and see if we could get things on a course toward finality, which is my goal. th Can we set up a meeting sometime after the 12? Give it some thought. If your lawyers wish to abort (which is something that I wish not to see happen), let me know, as I do not want to continuing spending time, resources and money on a dead end effort. I hope you understand. I feel confident that you and I could get done. As I type this, I’m still struggling to understand why we haven’t advanced. I look forward to hearing from you as to how you wish to handle. Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive 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 3 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:09 PM To:Trey Nazzaro Subject:Fw: Settlement - O'Boyle\\Gulfstream This email from Martin references the dock. Also at our meeting that followed this email, he asked me to intervene to have the criminal case withdrawn. From: scottmorgan75@gmail.com Sent: Sunday, November 05, 2017 12:46 PM To: Marty O'Boyle Subject: Re: Settlement - O'Boyle\\Gulfstream Marty— give me a call when you get a chance. I just compared the agreements side by side and other than a need to include CAFI there are a number of differences but they are either stylistic or verbiage matters. CAFI needs to be put back in somehow— Maybe have Bill sign for CAFI. He’s included anyway as a lawyer for OLF. I have a few other thoughts on language that I think should be changed on your’s and Joanne’s. I want to go over them with you. Also you add a few clarifications that I think are reasonable and would agree to put in. A few others that I don’t object to but think he language could be written differently. Anyway, those are my thoughts. Sent from my iPhone On Nov 4, 2017, at 6:29 PM, Marty O'Boyle <moboyle@commerce-group.com> wrote: Scott – thanks for the note. Tomorrow won’t work for a host of reasons. That aside, I need you to tell me where “what I laid out in the most recent draft” doesn’t work. As far as I see it, given the prior agreement, the open issues and the discussions with your lawyers, what I sent “rings the bell”. Given the above, please point out (with detail) what doesn’t work and why. Upon receipt, I will have what you send me reviewed and get back to you as quickly as I can. I believe our goals remain the same, but you now need to tell me. I’m very disappointed in that all the time and effort that I spent in good faith trying to work with your lawyers, now seem to have been a colossal waste of time. Hopefully, getting a commitment from you, will (at the very least), end the “Mole Game”. I look forward to hearing from you. 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. 1 Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Saturday, November 4, 2017 2:29 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25-17 Marty— tried calling but couldn’t get you. I agree that this is a bad time of year to be coordinating schedules but I understand two trials are set for November and December so a month delay on mediation is probably not going to be that helpful. Let’s cut to the chase on this. Are you free tomorrow? I’ll bring over the documents and let’s figure it out. Then you and I will both know whether we should reschedule mediation or just let it go. No intermediaries so there will be no misunderstandings. Let’s identify the points of agreement and whether there really are any points of disagreement. If there are then we either work it out or not. But enough of going back and forth, forth and back. Thanks. Sent from my iPhone On Nov 4, 2017, at 10:10 AM, Marty O'Boyle <moboyle@commerce-group.com> wrote: th Scott – thank you for your email below. Unfortunately, the 9 doesn’t work, as my “dance card” is pretty much full until after the end of the month. Next week is a “wipe rd out”, the following week I will be traveling, after that is my 33 Anniversary, then Thanksgiving, where we will be in WV until at least 12/3/17, after which I will either: (a) return to Florida for a few days then commence my end of the year “road trip”; or (b) rd commence my road trip on the 3. Although too early to say, (b) makes more sense, as st I will be in the neighborhood of my 1 stop. So, it looks like the soonest we could have a Mediation would be early December. The above aside, I’m struggling to understand the issues. This past weekend, I worked (certainly) 20 hours on the draft that I sent Joanne. The draft was redone, given what I understood “was the deal”. Then when Joanne did a U-turn on me and cancelled the Mediation, I was (somewhat) “shocked”! Scott, I have been preaching Mediation (which I believe would have gotten us done long ago) but the Town’s reluctance to go to Mediation, which still puzzles me, was an obvious impediment to that proposition. In any event, “we are where we are”. Having said that, I should be able to spend some time working on this project between now and month’s end, but I think the proper approach, at this time, is to not revise the Settlement Agreement that I last prepared; 2 but, rather, for someone to articulate to me where it fails. In that connection, my view was that “it worked”. Scott, I believe that mediation is the “key”, but the “Mole Game” has only resulted in frustration and has been a colossal waste of time. I thought our Goals were congruent, but I’m not sure anymore. So, I ask that you accommodate my request. Upon receipt of the articulation, we could then see if we could reach a meeting of the minds in concept; and, if not, we could see where we are missing, which is where Judge Hazouri comes in. I will now wait for the articulation. Please make sure that whoever sends it, it has your blessing, thus ending the “Mole Game”. Thank you; and I want you to know that I am hopeful that we could end this (whatever you want to call it) sooner rather than later. Thank you!  PS: A couple of minor items: 1.The $172 Broward case. It is getting to the point of silliness. For $172 it is taking on the United Sates of America v Microsoft (Anti- Trust). I have agreed to get rid of it. I can’t seem to get an answer. It is going to cost a fortune. What’s your pleasure. 2.Finishing my home at 23 Hidden Harbour, I need to get my Dock built. Our agreements permit it. Your code in 1981 (see #35 of our Agreement allows it). The Town is prohibiting me I can only assume “out of spite”. We have hired Palm Beach counsel. They advise us that their reading puts us on “Terra Firma”. Do you want o litigate it. I am ready to do so, as I am unwilling to wait any longer. I think it is a colossal waste of my money and the taxpayers money, but the decision rests with you. Our contractor is ready to go; and I am thinking seriously of making the installation with or without the Town’s blessing. Your acquiescence here eliminate another carve out in the potential settlement. As I said, I can wait no longer to start or institute suit. What’s your pleasure. From: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Friday, November 3, 2017 3:43 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25- 17 Marty, Thank you for the draft. I reviewed it and there are certainly some differences that we 3 Thank you for the draft. I reviewed it and there are certainly some differences that we need to iron out. I think it will be easier to work off of the draft that Jeff did, which is more in line with the O’Hare document, but regardless of which document is in front of us, the issues to resolve with the judge look to be pretty much the same. I spoke to Jeff who told me that he and Joanne and Bill were actually pretty close to finalizing a document although with a few issues that needed to be worked on. I relayed to him our conversation this morning and what I believe is your sincere interest in trying to resolve this. He agrees then that a meeting to focus on the remaining few issues could be helpful. So I have asked Joanne to set up a meeting next week with the judge, and I will have Joanne and Jeff attend with me. Hopefully, you’ll be available. If not, have Bill work out another date with Joanne. Thanks. Scott From: Marty O'Boyle Sent: Friday, November 03, 2017 9:42 AM To: Scottmorgan75 Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9- 25-17 Scott – below was an “OOPS!”. Please delete, as this one is the correct one. All relevant communications are now attached. I await hearing back from you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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: Marty O'Boyle Sent: Friday, November 3, 2017 9:14 AM To: Scottmorgan75 <scottmorgan75@gmail.com> 4 Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25- 17 Scott – thanks for all calling me this am. I’m glad to hear you are involved. Attached is where I left off (with what I sent Joanne). Attached is her response; and my response to her. That’s where we ended again. Please consider the Mediation. In my “heart of hearts”, I believe that the Mediation will “end the day”. I await hearing from you. Call me, day, night or over the weekend. Thanks again!  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 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: Marty O'Boyle Sent: Monday, September 25, 2017 5:55 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; William Ring <wring@commerce- group.com>; robertrivas@comcast.net Subject: FW: Attached draft of Joanne's Settlement Agreement as marked by MEO 9-25- 17 Joanne –as to the attached (my markup of your settlement agreement), I resubmit it (and the content of this email) for settlement purposes only. I also point out that the attached is a clean copy. If you want to see the changes, I ask that you do a comparison, as I’m afraid that the mark up which I prepared lost its integrity as such. 5 Moving on, as of today, as I see it, these are the remaining items necessary to complete the deal. 1.We need to discuss the reimbursement of the costs which I have incurred since the end of the last (aborted) settlement, when the Town “backed out” of their Agreement 2.The Insurance Company ROR Issue v Case #4474. The insurance company wants $$$ under the ROR. I believe that today (and I think there is negotiation there) they want $230,000. They believe that they get that more than that much out of #4474. One solution is for the Town: (a) to have their lawyers , advise the Town as to the validity of the ROR; and, if the insurance company “pushed” what rights the Insurer would have (which they are reserving pursuant to the Reservation of Rights); (b) Indemnify me; (c) for me to take on the risk with the Insurance Company in exchange, I would need to reserve any award from 4474; or (d) to handle akin to the process in #3 below. 3.We need to discuss the “O’Boyle Law Firm” issue with the Bar, as I see it, this must be addressed and dealt with. My suggestion is that all cases be tolled (how that works legally – you lawyers handle that) and the Document as it applies to O’Boyle’s Release only be held in escrow pending a clearance from the Bar as to the people at the O’Boyle Law Firm. We do not see this as an issue that cannot be overcome, provided the Town and the others (that will be part of the Settlement Agreement) all parties will work together toward that common (and – indeed – important) goal. Of course there would have to be a reasonable time limit placed on this portion, with a negative result being a voiding of the O’Boyle Release and other obligations under the Agreement. Joanne – I remind you that this document is being sent to you for discussion purposes only. I intend to look at it again and I am going to have my Lawyer’s and the OLF’s lawyers look at it. With that in mind, I want you to know that I submit the attached document subject to further change. Please review and get back to me with your comments and (invited) suggestions. In the meantime, I will provide you with a 2 day date for booking Hazouri, just in case we need rd some assistance (by way of a neutral (Highly experienced) 3 party with “no dog in this fight” and from a man who resolves issues for a living) in gaining finality, which I hope that that is what we all wish to do. I now await hearing from you. PS: Attached may be a little “rough”, but I wanted to get it out to you and to the others on our end quickly to avoid further delay. In that connection, I understand that you spoke to Ian and that your wishes (and mine as well – although I think it will likely take an expert to resolve certain portions) are to resolve “pre – Hazouri”. Although we share that goal, we have never been able to get there before and to have the benefit of a guy like Hazouri’s knowledge with these type Disputes (remember he resolves these things for a living) is nothing but a win. Let’s get done once and for all. Until finished, I like you realize that all is always on the table; that we can not draw a line in the sand if we want to reach success (flexible is the way to get there); that we must use our best to resolve without a Mediator; and, as a final solution, we must let the Mediator do his magic. UNFORTUNATELY, I RECEIVE TOO MANY EMAILS ON A DAILY BASIS. THE RESULT IS THAT I DO NOT HAVE A 6 CHANCE TO REVIEW THM 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 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 7 Renee Basel From:John Passeggiata Sent:Wednesday, November 25, 2015 1:17 PM To:MTC - Nicole Bloom Subject:Fw: WAV file Attachments:09-22-15 17.51.19 033 (CT-04-PH).wav; ATT00001.htm Nicole, Attached is the 911 tape. See you Monday. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell 561-504-0812 From: Giaccone, Gregory <Giaccone@mydelraybeach.com> Sent: Tuesday, October 20, 2015 4:55 PM To: John Passeggiata Subject: FW: WAV file Greg Giaccone Battalion Chief Delray Beach Fire Rescue Dept. 561-243-7451 Office 772-380-7515 Mobile Giaccone@mydelraybeach.com PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. From: Green, Kevin Sent: Tuesday, October 20, 2015 4:45 PM To: Giaccone, Gregory Subject: FW: WAV file Here ya go. KG PUBLIC RECORDS NOTE: Florida has a very broad public records law. Most written communications to or from local officials, employees, or the general public regarding city business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. 1 From: Patrick Wehrle \[mailto:PWehrle@pbcgov.org\] Sent: Tuesday, October 20, 2015 4:39 PM To: Green, Kevin Subject: Fwd: WAV file Here you go! Pat. Sent from my iPhone Begin forwarded message: From: Judy Nault E. <JNault@pbcgov.org> Date: October 20, 2015 at 4:34:44 PM EDT To: Patrick Wehrle <PWehrle@pbcgov.org> Subject:WAV file Here is the WAV file you requested reference DB150010603 Judy E. Nault 9-1-1 Communications Supervisor Palm Beach County Fire Rescue 20 S. Military Trail West Palm Beach, FL 33415 Office: (561) 712-6555 Cell: (561) 436-8160 Fax: (561) 712-6685 HIPAA NOTE:HEALTH This email conforms to the rules and regulations of the INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA). This email may contain HIPAA protected health information, which may include, but is not limited to, patient name, address, billing information, examination or treatment information, or other personal identifiers. All such information must remain confidential, and may only be viewed and utilized by those legally authorized. If such message is received in error, please notify the sender and delete the original. Any other use is strictly prohibited. PBCFR DEPARTMENT PERSONNEL: Viewing, responding to, or otherwise acting upon, department e-mail while not working regular or overtime scheduled hours is not authorized, unless you have been specifically authorized or otherwise directed to do so. 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 23, 2015 4:59 PM To:nbloom@sao17.state.fl.us Subject:GS #1994 (Incident 9-22-15/ Policies) Attachments:GS #1994 (Incident 9-22-15 Policies)_supplemental.pdf Nicole – If you follow the attached instructions, you will get to the radio file. The originally produced documents are at PRR 15-1994. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Bill Thrasher \[mailto:bthrasher@gulf-stream.org\] Sent: Wednesday, December 23, 2015 12:15 PM To: joboyle@oboylelawfirm.com Cc: OConnor, Joanne M. Subject: GS #1994 (Incident 9-22-15/ Policies) 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. 1 SUPPLEMENTAL RESPONSE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 23, 2015 Johnathan O’Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Dear Johnathan O’Boyle [mail to: joboyle@oboylelawfirm.com], The Town of Gulf Stream received your original public records request on October 12, 2015. You should be able to view your request at the following link http://www2.gulf- stream.org/weblink/0/doc/68166/Page1.aspx. In future correspondence, please refer to this public records request by the above referenced numbers. The supplemental responsive document can be found by going to www.gulf-stream.org. Go to “Find a Town Record”, click on “Public Records Requests”, click on “2015”, click on “Public Record Requests 2015”, click on “PRR 15-1994.01”. We consider this closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:MTC - Nicole Bloom <NBloom@sao17.state.fl.us> Sent:Wednesday, November 25, 2015 10:05 AM To:John Passeggiata Subject:RE: Executive Asignment RE: Case ofMartin O'Boyle Good morning, Sergeant. Per our phone conversation, your presence is not necessary at the Case Disposition on Monday. However, if you wish to attend, it is called for 9 am in courtroom 9G at the main courthouse in WPB. Please send me a copy of the letter referenced below. Have a wonderful Thanksgiving holiday! Regards, Nicole Bloom Supervising Assistant State Attorney Misdemeanor Trial Unit Office of the State Attorney, 17th Judicial Circuit S.E. 6th Street, Room 730 Fort Lauderdale, FL 33301 954.831.8469 nbloom@sao17.state.fl.us From: John Passeggiata \[mailto:JPasseggiata@gulf-stream.org\] Sent: Wednesday, November 25, 2015 9:08 AM To: MTC - Nicole Bloom <NBloom@sao17.state.fl.us> Subject: Re: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Can you please let me know the time and court room the O'Boyle case is on for on Monday 11/30. Just an FYI , the Town received a letter from O'Boyle stating how the Town discriminates against people with disabilities. This might be the basis for filing for dismissal. Please let me know if you want a copy. Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell 561-504-0812 From: MTC - Nicole Bloom <NBloom@sao17.state.fl.us> Sent: Monday, November 9, 2015 3:48 PM To: John Passeggiata Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle 1 Good afternoon, Sgt. Passeggiata. My office has been formally appointed by the Governor to prosecute Mr. O’Boyle. Can you please forward to my attention at the address below the video of the meeting, fire rescue reports, and photographs of the exhibits that O’Boyle attempted to deface as we discussed last week? Thank you and regards, Nicole Bloom Supervising Assistant State Attorney Misdemeanor Trial Unit Office of the State Attorney, 17th Judicial Circuit S.E. 6th Street, Room 730 Fort Lauderdale, FL 33301 954.831.8469 nbloom@sao17.state.fl.us From: John Passeggiata \[mailto:JPasseggiata@gulf-stream.org\] Sent: Thursday, October 22, 2015 2:08 PM To: MTC - Nicole Bloom <NBloom@sao17.state.fl.us> Subject: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Please contact me on below listed cell when you have an opportuntity regarding case of Martin O'Boyle. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell 561-504-0812 2 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Monday, December 7, 2015 5:20 PM To:Jonathan O'Boyle Cc:Ken Drake; Kelly Avery; Macfarlane, Mary T.; records@commerce-group.com Subject:RE: Records Request - JRO 7/14/15 Attachments:PRR 15-1994.pdf Jonathan – As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly, the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced now for everyone’s benefit. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 03, 2015 4:07 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not a request for information, the request for information was related to the LEXIS report. And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney has any interest in investigating a potential fraud 1 crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so. This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information). Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved. So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off. Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As Ben Carson would say, “That’s just silly.” Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this 2 communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 02, 2015 11:06 AM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that you seek. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, November 24, 2015 4:16 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report? which attorney gave the order? and who is their 3 supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills strongly suggest it was either yourself of Ms. Richman. I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested so I can stop thinking of new ways to ask for records that would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this is the easiest way to find this information. I thank you for your prompt response. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND 4 PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Jonathan O'Boyle Sent: Tuesday, November 10, 2015 5:56 PM To: 'OConnor, Joanne M.' Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 th Wednesday is fine. If you need more time – no problem. Frankly, take until the 20 if you need. I suspect I will not get around to following up until that weekend. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, 5 DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM 6 To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. 7 Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. 8 - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe 9 that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. 10 Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated 11 from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. 12 Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. 13 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. 14 I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 15 From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a "low priority." Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records — I think that is fair under Due Process and a reasonable good -faith response. Then I can make a determination as to whether to alert the Attorney General's office for mediation or — as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a low priority." Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again "low priority." I will note that under Chapter 119, searches are not compensable, if you intend to assess a special search" charge, please let me know the Town's authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one -pager. "Mid - Priority." Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle — this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information — but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/ employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: "High Priority." Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non -disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual — all else can be redacted to ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else's reports (which should ameliorate the Town's interest in non -disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. "High Priority." As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. I HEREBY CERTIFY THAT TNiS 1S Gulf Stream Police Department= t 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 2 Complaint Number: 15-1672 OFFENSE REPORT__ _ .._. _ . _ .... Incident Type: DISORDERELY CONDUCT Location of Incident: 100 SEA RD. Zone: 2 GULF STREAM FL 33483 Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA Time of Call: 1750 Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN Time Completed: 1820 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 09/22/2015 17:50 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: SGT. JOHN PASSEGGIATA WITNESS Name: SERGE DELAVH,LE Home Address: Name: Business Name: Name: Race: Date of Birth: Home Address: 4225 COUNTY RD Home Phone: 561) 274-4940 GULF STREAM FL 33483 Cell Phone: 561) 573-7150 R .-. WITNESS__ WILLIAM THRASHER Business Phone: 561) 278-8611 GULF STREAM TOWN MANAGER MARTIN O'BOYLE WHITE 10/12/1951 23 HIDDEN HARBOUR GULF STREAM FL 33483 KNOWN SUSPECT Sex: MALE 0 Home Phone: (561) 272-5468 INCIDENT SUMMARY AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?". I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE RESPONDED, "YEAH ITS A COMBAT STANCE." Page 2 of 2 Complaint Number: 15-1672 I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE. HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". . MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY. IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE AND DISORDERLY CONDUCT. PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER, OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS. Page I of I e Gulf Stream Police Department 246 Sea Road FLA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: Report Status: ACTIVE Report Date/Time: Reporting Officer: CHIEF GARRETT WARD INCIDENT SUMMARY Complaint Number: 15-1672 ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL I HEQFBY CERT IIA TIMI' THIS IS A TRUE AND i'ORRECT °;OPY AS FILED IN f OBTS Number ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant Juvenile Juvenile Referral Report 2 NTA. 4. Request for Capias 3 w Agency0 IN-um bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT G Che a'sypa: 5. Ordinanceryry i. Felony ®3. Misdemeanor CheeK Weapon Seized/Type 7. Vats MultipleClearancridicalore tp- m ae many as a I . 2. TraRc Felon 4. Traffic Misdemeanor S. Other 2 2 fJo z Location of AReet (Including Name of Business) Location of Offense (Business Name, Address) fO6 Dalt of Arrest Time of Arrest Bmldrp Date Boodrp Time Jai Date Jail TIrne Location of Vehitle 9/23ns I Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.) 0'R9xlIe.Mart0n.F 10/12/51, Race Box ate of Birth Height WMyn Eye Coiar Heir Color Complealon Build Bala ck 0-Orlenteal/ Aelenaa W M 10/12/51 6'2" 250 Brown Grey Light Large Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of: Y Nk. Married Alcohol Influencee, p k Local Address (Street. Apt Number) (City) (zip) Phone Residence Type: @ 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 z. county 4. Floridat State 3 LL Permanent Address (Street, Apt Number) (City) (State) Mp) Phone Atltlrees Source 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Lp)Occupation D/L Number, State Soc. Sec. Number INS Number Place of Birth (City, State) r rens ip 0140-565-51-372-0 1 New Jersey USA Co-Defendant Name (Last, First, Middle) Race Sax Data of Bim 1 Arrested 3. Felony cW d Co-Defendant Name (Last, First, Middle) Race ex Dete oi Binh 4. Misdemeanor 2. At Large S. Juvenile 3. Felony7Arrested 4. Misdemeanor 2 AIL arge 5. Juvenile Parent Nemo (Last) (First) (m,aaie) Residence Phone Legal Custodian Other: Address ( beet. Apt. Number) (Cly) rare (zip)usmeas one ori led by: (Name) Date Time Juvemile Oa'paeltionwLeplerecessed within 2. TOT H z Dept, el. and Released. 3. Incarcerated Raleaeetl To: (Name) Relationship Date Time l The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la keep the Juvenile Court Clerk (P one 355-2523) informed g any change of address. Schsol Adanded Grade LoIJ Yes, by: (Noma) Na:(fteaeon) 2perty, Crim Description o rope Value of Property LJ Yes LJ Na w0 Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown EquipmentN. NIA B, Buy D. Deliver Distribute Produce/ N. N/A C. Cocaine M. Marijuana Z. Other v P. Possess T. Traffic E. Use Cultivate A Amphetamine E. Heroin O.Opium/Dene S. Synthetics Charge Description Counts U01116511c Statute Violation Number Violation of ORD 0 ac Disorder) Conduct 1 Violence13Y 877.03 I Drug Activity Drug Type Amount/Unit Offeroe# Warrant Caples Number Bond N N 1 Charge Description CountsDomestic Statute Violation Number Violation of ORD as a Resistin Officer Without Violence 1 pv ®N 843.02 i Drug Activby Drug Type Amount/Unit Offense# Warrent/Copies Number Band N N I 2 Charge Description Counts Domestic Statute Violation Number Violation of ORD is W ViolenceY N s Dnp Activity Dnp Type Amount) Unit Offense# Warrant/Copies Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # Violence c Y ON i Drug Activity Drug Type Amount/Unit Offense# Warrant l Copies Number Band U Instruction No. 1 Location (Court, Room Number, Address) Mandatory Appearance in Court N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE Instruction I Court Date and Timea. You need not appear in Court but must comply with instructions on Reverse Side. O Month Day Year Time A.M. rl P.M. rl w 1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY co FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED X 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed HOLD for other Agency Sig lure of Arresting p cat Name Vanflaalion (Printed by Arrestee) Name: X Dangerous Resisted Arrest Name ct ting Officer (Print) I.D.# PwM7 PAGESuicidal Other S t. John Pass Tata 748 Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness here II subject signed with an "XV* I I OF OBTS Number ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant Juvenile Referral Report 2. N.T.A 4. Request for Capias 3 w gency0 INum bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT Cherpe Type: d_Felany ®3. Misdemeanor 5. Ordinance Check ee Weapon Seized/Type 1. Yea Multiple l- m many I . 2. Trefec Felon 4. Traffic Misdemeanor 6. Otherasapply. 2 2 No Clearance Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address) fO6 Dna d Men rare d Arrest Boobrq One Booking Time Jail Date Jail Time Lu®ticn of Vehicle 9/23/15 Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc) 0'H9 le.MartonY 10/12/51, RaceWhe1. San ale d Birth Height W.4pla Eye Color Hair Color Complexion Build B - Blaok g- American Indiaa W M 10/12/51 6'2" 250 Brown Grey Light Large Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of Y N nk Married AlcoholgIl encea O 0 0 Local Address( treat, Apt.Number) (CRY) a (zip) Phone Residence Type: 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 2. County a. Florida slate 13 LL Permanent Address (Street, Apt. Number) (City) ( ) (Zip) Phone Address Source 0 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Dp) phone uccupotann DAL Number, State Sm. See Number I Num er Pieced Birth (City, Stale) UdizenShIp 0140-565-51-372-0 New Jersey USA Co-Defendant Name (Last, First. Middle) Race Sax Date of Binh D q Mmtetl3. FebnycIj 05 Co-Defendant Name (Last, First, Middle) Roca I Sax Date of Birth 13 4 MisdemeanorD2NLBIpB 5. Juvenile 3. FelonryDqArrested 4. Misdemeanor 2 At targe S. Juvenile Parent Name (Leat) (First) ( tl lel Residence, Phone Legal Custodian ifOha Address (Street, Apt. Number) (City)tee (2Jp) business enons Notified by: (Name) Data Time Ju till9 0 afltian 1. 2. TOT HRS l z Dept. and Released within DYS Dept. end Released. 3. Incarcerateded j Released To: (Name) Relationship Date Time The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o Juvenile Clerk(P 355-2526) Informed chooI Attended Died, Qkeepthe Court one n(any alta n ge of address. LJ Vee, by: (Name) No: (Reason) ropeny nm.$7 escnp wn a ropey Value of Property Yes LINO oro Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter Produeel Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown O N. NAA B. Buy D. Deliver Distribute N. f1/A C. Cocaine M. Marijuana Equipment Z. Other xd P. Possess T. Trafic E. Use Cultivate A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics Charge Description Counts Statute Violation Number Violation of ORD # W Vio ancec Y N s Drug Activity Drug Type Amount / Unit Offense # Warrant I Capias Number Bond U Charge Description Counts me Statute Violation Number Violation of ORD to w Vic c pV N i Drug Activity Drug Type Amount I Unit Offense # Warrant I Caples Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # w ViolenceY N i Drug Activity Drug Type Amounl l Unit Offense Warrant /Copies Number Bond U Charge Description Counts Domestic Statute Violation Number Violation at ORD# Violencer7lYQN z Drug Activity Drug Type Amount/ Unit Offense # Warrent/ Copies Number Bond U I Mandatory Appearance In Court Locatio n (Conn, Room Number, Atldrese) N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICEInstructionNo. 2 Court Date and TimeQYouneednotappearinCourtbutmust comply with Instructions an Reverse Side. O Month Day Year Time AM. 0 P.M. W I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY F FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED z 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed OLD for other Agency Sig ature of Arresting O i Name Verification, (Printed by Mestee) Name: X ALS/ Dangerous El Ratified Meal Nem d eating GRicer(PmR) ID tt PRINT) Suicidal Other. S L John Passe iota 748 PAGE Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness hate if subject signed with an -%" 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent Juvenile 2. N.T.A. 4. Request for Capias 3 Agency ORI Number Agency Name Agency Report Number o FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1 Q Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea: Chock as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other LL Name (Lest, First, Middle) Aliaa Race Sex Dale of Birth o Bo le,Martin,E 10/12/51.W M 10/12/51 ch wo Charge Description Charge Description Disorderly Conduct z Charge Description Charge Description v Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth r Local Address (Street, Apt. Number) (City) (state) (zip) Phone Address Source U_ Business Address (Name, Street) (City) (Slate) (zip) Phone Occupation The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told El confessed to that he/she saw the arrested person commit the below acts. admitting to the below fads. was found to have committed the below acts, resulBng from my (described) investigation. On the 22 day ofSeptember 20 15 at 5:50 AM. ® P.M. (Specifically Include facts constituting cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to u cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. m SWORN AND SUBS9RIBED BEFORE ME ^ tQ \X/•ARRIES IFS/ a~ SIGNATOR O ARRESTING/INVESTIGATINGO ICER— NNOT RY PU IC / CLERI OF COU PIC (F .S. 117.10) S L John Passe iota 9/23/15 NAME OF OFFICER (PLEASE PRINT) Q GATE 9/23/15 PAGE DATE 1 OF_ OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant Juvenile 2. N.T.A. 4. Request for Capias 31 F Z Agency ORI Number Agency Name Agency Report Number c FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Cherpa Type: 1 Felony pedal Nclas: Chock ® 3. Misdemeanor 5. Ortlinrasmany as apply. 2, Traffic Felony 4. Traffic Misdemeanor 6. Other u Name (Last, First, Middle) Alias I Raw Sax Date of Binh o Bo Ie,Martin,E 10/12/51,1 W M 10/12/51 y Charge Description Charge Desorption o Disorderly Conduct 6 Charge Description Charge Description Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Binh Leal Address (Street, Apt. Number) (City) (State) (rip) Phone Address Source V Business Address (Name, Streit) (City) (theta) (rip) Phone It Occupation The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts In my presence. was observed by who told confessed to that he/she saw the arrested person commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my (described) investigation. On the day of 20 at A. M. P.M. (Specifically Include facts constituting cause for arrest.) N76U 6 OK SKARN AND SUBSCRIBED BEFORE ME w SIGNATURE OF ARRESTING / INVESTIGATING OFFICER 0c NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10) SgLJohn Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) a DATE 9/23/15 PACE 2DATE OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant Juvenile 2, N.T.A. 4, Requeslfcr Capias 3 Agency ORI Number Agency NameAgency Report Number M FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Charge Typa. 1. Felony ® 3. Check Misdemeanor 5. Ordinance Special Notes'. as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other u- Name (Last, First. Middle) Alias RaceSex Date of Birth o Boyle,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Description Disorderly Conduct Charge Description Charge Description 3 Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth Local Address (Street, Apt Number) City) (State) (zip) Phone Address Source rU_ Business Address (Name, Street) City) (State) (zip) Phone Occupation The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told Confessed to that he/she saw the arrested person Commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my described) investigation. On the day of 20 at A.M, P.M. (Specifically include facts constituting cause for arrest.) zw wr ryWcoco UW D) mooc6 SWORN AND SUBSCRIBED BEFORE ME W H SIGNATURE OF ARRESTING /INVESTIGATING OFFICER y NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S. 117.10) Sgt. John Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) C DATE 9/23/15 PAGE 3DATE OF FILING RECEIPT Case No: 1 Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E NAME) The following in the above style case ( CHECK 1•) Police Reports 2.) Witness Lists El 3.) Evidence List 4.) Probable Cause 5.) Rough Arrest 6.) Criminal History 0 7.) F1 8.) El 9.) 7 10.) Charged by officer with Disorderly Conduct -Resisting Officer Without Violence– Charges filed by A/S/A Officer's Name: Sgt. John Passeggiata THIS 23 DAY OF September 2015 By — -- Assistant State Attorney GULF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/K/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A ARREST DATE: 9/23/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: Sgt. John Passeggiata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO WHAT AGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP) PAGE 1 OF—PAGES DEFENDANT / EV 2 D ENC E L= S T O'Boyle,Martin,E DEFENDANT: Circuit Court Case # Sgt. John Passeggiata 1 Arresting Officer Police Dept. Case # Filing Officer: Sgt. John Passeggiata A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? Yes ® NO Written Taped Oral (Check only if statement was written down when person said it) Copy of transcript provided Yes No C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. use additional pages if necessary) 1) Person to whom made: Date of Statement: _ _ Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? 2 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? E. GRAND JURY TESTIMONY F. CONFIDENTIAL INFORMANT G. ELECTRONIC SURVEILLANCE H. SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) 3) 4) 5) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department PAGE 3 OF _PAGES K. OTHER EVIDENCE. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1 ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) — -- 12 ) L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item: Date will be furnished: Why not supplied at filing: use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND CORRECT. SIGNATURE OF FILING OFFICER Gulf Stream Police Department 9/23/15 DATE VICTIM/WITNESS LIST VICTIM: ADDRESS: (W) H) PAGE 4 OF _pAGES PHONE: (W) (H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ARRESTING OFFICER: Sgt John Passeggiata ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 CAN TESTIFY TO: The information contained within the police reports. w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w NAME: Mr. Serge Delaville ID# ADDRESS: (W) H) 4225 County Rd Gulf Stream FI 33483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. w_.._—_..«....--- NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department e........................................a.........• Page 5 OF Pages NAME: William Thrasher (Town Manager) I D#__ ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. r..+.......................» ............................ «................ NAME ID# ADDRESS (W): H): — — PHONE (W): (H): FNDR DIE; Till CAN TESTIFY TO: NAME: I D# ADDRESS(W): H): PHONE (W): (H) IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT I, W i 111 i -m 1"12A5n _. do hereby give this statement freely andTypeorprintname) Voluntarily to a CST. — .. . (nj C-V(- on 9 I I I S Officer's name) (Date) at . My date of birth is location of interview) My address is Phone # Sworn and subscribed before me, This day of SF P iary l 5 ili (Signature of giant) 20 15, personally known to meq/, Signa a of Notary Public / Of cer FSS 117,10) Or produe d identification _, type of LD. Gulf Stream Police Case # Page _of 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 ti gable C Nr,WYQe( GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT do hereby give this statement freely andTypeorprintname) Voluntarily to =:Iho EJ- 0/d jS"c}4A—T)- on Officer's name) (Date) at n p , My date of birth isG I location of interview) My address is i1 a Phone # Sr1 - S Z I 0 Sworn and subscribed before me, EL, -,A, ti This W 3 day of S Zs,, ,5 ( ' nature of giant) I/:personally known to me(of[ lvotary Public / OfneWFS9117,10) Or produced identification _, type of LD, -L bL 4 b 7S- U Gulf Stream Police Case # 15 — 16 .% rig Page _of 4'- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2015 Jonathan O'Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle - this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information -but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/employment policies_ as_ well -as any policies reflecting the -Towns -ADA -or -Federal - Rehabilitation Act duties: "High Priority. " Dear Jonathan O'Boyle [mail to: iobovle(cDobovlelawfirm.coml, The Town of Gulf Stream received your public records request on October 12, 2015. You should be able to view your request at the following link hU://www2.gulf- stream.or¢/weblink/O/doc/68166/Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. Also, the Town policies can be found by going to www.gulf-stream.org click on "Find a Town Record", click on "Town Clerk, and click on "Policies." We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records me Verizon LTE 1:29 PM SA Nicole Bloom Message Mon, Mar 18,9:43 AM W It is. I will call you later in the day to explain. C Ok Thanks 71. Tue, Mar 19, 3:43 PM 1 3 6� KA�7�t X.+* X I Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Saturday, May 4, 2019 2:12 PM To:Renee Basel Subject:FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments:GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my request in the simplest of terms. See immediately below: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. NOTE: To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 1 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 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 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Friday, May 10, 2019 4:01 PM To:Renee Basel; Rita Taylor Subject:FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police Issue270 Attachments:GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my request in the simplest of terms. See immediately below: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 1 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. NOTE: To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 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 2 561.276.5116 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. 3 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Friday, May 10, 2019 4:07 PM To:Renee Basel; Rita Taylor Subject:RE: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments:GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf PLEASE NOTE THE CORRECTION TO MY PREVIOUS EMAIL SENT AT 4:01 PM UNDERLINED AND HIGHLIGHTED BELOW. Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4:30pm on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Friday, May 10, 2019 4:01 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; rtaylor@gulf-stream.org Subject: FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police Issue270 Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. 1 NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my request in the simplest of terms. See immediately below: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. NOTE: To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we 2 do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 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. 3 Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Wednesday, May 15, 2019 7:57 AM To:Renee Basel; Rita Taylor Cc:Michelle Melicia Subject:FW: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments:GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below. Please accept this letter as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a full and complete response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle <meo@commerce-group.com> Sent: Friday, May 10, 2019 4:07 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; rtaylor@gulf-stream.org Subject: RE: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue PLEASE NOTE THE CORRECTION TO MY PREVIOUS EMAIL SENT AT 4:01 PM UNDERLINED AND HIGHLIGHTED BELOW. Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4:30pm on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. 1 Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Friday, May 10, 2019 4:01 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; rtaylor@gulf-stream.org Subject: FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police Issue270 Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Martin E. O’Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue 2 Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my request in the simplest of terms. See immediately below: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. NOTE: To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 3 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. 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 16, 2019 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2704 (Records Request – Incident – September 22, 2015) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. 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 its counsel and 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. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) 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. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx At your request the Town provided you with a partial production of approximately 190 pages of records on April 29, 2019. We now estimate to fully respond to your request requires four hours of administrative support at $42.90 per hour, two hours and 13 minutes of staff attorney support at $74.07 per hour and one hour of IT support at $115.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). The Town notes that you have already paid $250 toward this request. (4 @ $42.90 = $171.60) + (2.22 @ $74.07 = $164.44) + (1 @ $115.00 = $115.00) Deposit Due: $451.04 - $250 Facilitation Fee = $201.04 cash or check. At the above link, 840 pages have been provided to you, which covers your $250 deposit. Upon receipt of the additional $201.04, the Town will supplement the above production with the remainder of records. 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:Rita Taylor Sent:Friday, October 23, 2015 7:00 AM To:Bill Thrasher Subject:FW: Another Social Security number on Town Website Attachments:PRR 15-1994.pdf From: Chris O'Hare \[mailto:chrisoharegulfstream@gmail.com\] Sent: Thursday, October 22, 2015 4:55 PM To: Rita Taylor <RTaylor@gulf-stream.org> Subject: Another Social Security number on Town Website Dear Custodian of Records, I was discussing Town affairs with a neighbor in Place Au Soleil and I happened to mention the Social Security numbers of many of the Town's policemen that I had discovered online. I explained that I had worked with Sargent Adam Gorel and staff member Kelly Avery to search out those Social Security numbers and make sure they were redacted. I also told this resident I had later brought to the Town's attention more personal information of Town employees that was inappropriately posted on the Town's public website including home addresses, spouses names and birth dates of police officers. You can imagine my surprise when this resident told me of another record found on the Town's website that had Social Security numbers displayed on it. I asked why they didn't contact the Town to correct this serious infraction and they replied that they were afraid of the Town associating them with me and others the Town describes as "co-conspirators." I find it truly sad that the Town has so intimidated some residents from speaking out that the resident would hesitate to report a published Social Security number for fear of the Town including them on some perceived "enemies list." I am sending you a .pdf of the one record I recently saw on the Town's website that contains Social Security numbers. The Social Security numbers appear eight times. I have not conducted a thorough search of the Town's website so I can't be sure this is the only instance where an un-redacted Social Security number appears. I strongly urge you to properly redact this document as soon as possible and to be more diligent in meeting your statutory and legal obligations in the future. I am copying this email to Town commissioners without the attachment. Sincerely, Chris O'Hare 1 From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a "low priority." Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records — I think that is fair under Due Process and a reasonable good -faith response. Then I can make a determination as to whether to alert the Attorney General's office for mediation or — as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a low priority." Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again "low priority." I will note that under Chapter 119, searches are not compensable, if you intend to assess a special search" charge, please let me know the Town's authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one -pager. "Mid - Priority." Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle — this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information — but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/ employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: "High Priority." Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non -disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual — all else can be redacted to ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else's reports (which should ameliorate the Town's interest in non -disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. "High Priority." As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. I HEREBY CERTIFY THAT TNiS 1S Gulf Stream Police Department= t 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 2 Complaint Number: 15-1672 OFFENSE REPORT__ _ .._. _ . _ .... Incident Type: DISORDERELY CONDUCT Location of Incident: 100 SEA RD. Zone: 2 GULF STREAM FL 33483 Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA Time of Call: 1750 Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN Time Completed: 1820 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 09/22/2015 17:50 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: SGT. JOHN PASSEGGIATA WITNESS Name: SERGE DELAVH,LE Home Address: Name: Business Name: Name: Race: Date of Birth: Home Address: 4225 COUNTY RD Home Phone: 561) 274-4940 GULF STREAM FL 33483 Cell Phone: 561) 573-7150 R .-. WITNESS__ WILLIAM THRASHER Business Phone: 561) 278-8611 GULF STREAM TOWN MANAGER MARTIN O'BOYLE WHITE 10/12/1951 23 HIDDEN HARBOUR GULF STREAM FL 33483 KNOWN SUSPECT Sex: MALE 0 Home Phone: (561) 272-5468 INCIDENT SUMMARY AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?". I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE RESPONDED, "YEAH ITS A COMBAT STANCE." Page 2 of 2 Complaint Number: 15-1672 I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE. HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". . MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY. IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE AND DISORDERLY CONDUCT. PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER, OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS. Page I of I e Gulf Stream Police Department 246 Sea Road FLA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: Report Status: ACTIVE Report Date/Time: Reporting Officer: CHIEF GARRETT WARD INCIDENT SUMMARY Complaint Number: 15-1672 ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL I HEQFBY CERT IIA TIMI' THIS IS A TRUE AND i'ORRECT °;OPY AS FILED IN f OBTS Number ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant Juvenile Juvenile Referral Report 2 NTA. 4. Request for Capias 3 w Agency0 IN-um bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT G Che a'sypa: 5. Ordinanceryry i. Felony ®3. Misdemeanor CheeK Weapon Seized/Type 7. Vats MultipleClearancridicalore tp- m ae many as a I . 2. TraRc Felon 4. Traffic Misdemeanor S. Other 2 2 fJo z Location of AReet (Including Name of Business) Location of Offense (Business Name, Address) fO6 Dalt of Arrest Time of Arrest Bmldrp Date Boodrp Time Jai Date Jail TIrne Location of Vehitle 9/23ns I Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.) 0'R9xlIe.Mart0n.F 10/12/51, Race Box ate of Birth Height WMyn Eye Coiar Heir Color Complealon Build Bala ck 0-Orlenteal/ Aelenaa W M 10/12/51 6'2" 250 Brown Grey Light Large Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of: Y Nk. Married Alcohol Influencee, p k Local Address (Street. Apt Number) (City) (zip) Phone Residence Type: @ 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 z. county 4. Floridat State 3 LL Permanent Address (Street, Apt Number) (City) (State) Mp) Phone Atltlrees Source 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Lp)Occupation D/L Number, State Soc. Sec. Number INS Number Place of Birth (City, State) r rens ip 0140-565-51-372-0 1 New Jersey USA Co-Defendant Name (Last, First, Middle) Race Sax Data of Bim 1 Arrested 3. Felony cW d Co-Defendant Name (Last, First, Middle) Race ex Dete oi Binh 4. Misdemeanor 2. At Large S. Juvenile 3. Felony7Arrested 4. Misdemeanor 2 AIL arge 5. Juvenile Parent Nemo (Last) (First) (m,aaie) Residence Phone Legal Custodian Other: Address ( beet. Apt. Number) (Cly) rare (zip)usmeas one ori led by: (Name) Date Time Juvemile Oa'paeltionwLeplerecessed within 2. TOT H z Dept, el. and Released. 3. Incarcerated Raleaeetl To: (Name) Relationship Date Time l The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la keep the Juvenile Court Clerk (P one 355-2523) informed g any change of address. Schsol Adanded Grade LoIJ Yes, by: (Noma) Na:(fteaeon) 2perty, Crim Description o rope Value of Property LJ Yes LJ Na w0 Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown EquipmentN. NIA B, Buy D. Deliver Distribute Produce/ N. N/A C. Cocaine M. Marijuana Z. Other v P. Possess T. Traffic E. Use Cultivate A Amphetamine E. Heroin O.Opium/Dene S. Synthetics Charge Description Counts U01116511c Statute Violation Number Violation of ORD 0 ac Disorder) Conduct 1 Violence13Y 877.03 I Drug Activity Drug Type Amount/Unit Offeroe# Warrant Caples Number Bond N N 1 Charge Description CountsDomestic Statute Violation Number Violation of ORD as a Resistin Officer Without Violence 1 pv ®N 843.02 i Drug Activby Drug Type Amount/Unit Offense# Warrent/Copies Number Band N N I 2 Charge Description Counts Domestic Statute Violation Number Violation of ORD is W ViolenceY N s Dnp Activity Dnp Type Amount) Unit Offense# Warrant/Copies Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # Violence c Y ON i Drug Activity Drug Type Amount/Unit Offense# Warrant l Copies Number Band U Instruction No. 1 Location (Court, Room Number, Address) Mandatory Appearance in Court N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE Instruction I Court Date and Timea. You need not appear in Court but must comply with instructions on Reverse Side. O Month Day Year Time A.M. rl P.M. rl w 1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY co FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED X 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed HOLD for other Agency Sig lure of Arresting p cat Name Vanflaalion (Printed by Arrestee) Name: X Dangerous Resisted Arrest Name ct ting Officer (Print) I.D.# PwM7 PAGESuicidal Other S t. John Pass Tata 748 Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness here II subject signed with an "XV* I I OF OBTS Number ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant Juvenile Referral Report 2. N.T.A 4. Request for Capias 3 w gency0 INum bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT Cherpe Type: d_Felany ®3. Misdemeanor 5. Ordinance Check ee Weapon Seized/Type 1. Yea Multiple l- m many I . 2. Trefec Felon 4. Traffic Misdemeanor 6. Otherasapply. 2 2 No Clearance Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address) fO6 Dna d Men rare d Arrest Boobrq One Booking Time Jail Date Jail Time Lu®ticn of Vehicle 9/23/15 Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc) 0'H9 le.MartonY 10/12/51, RaceWhe1. San ale d Birth Height W.4pla Eye Color Hair Color Complexion Build B - Blaok g- American Indiaa W M 10/12/51 6'2" 250 Brown Grey Light Large Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of Y N nk Married AlcoholgIl encea O 0 0 Local Address( treat, Apt.Number) (CRY) a (zip) Phone Residence Type: 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 2. County a. Florida slate 13 LL Permanent Address (Street, Apt. Number) (City) ( ) (Zip) Phone Address Source 0 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Dp) phone uccupotann DAL Number, State Sm. See Number I Num er Pieced Birth (City, Stale) UdizenShIp 0140-565-51-372-0 New Jersey USA Co-Defendant Name (Last, First. Middle) Race Sax Date of Binh D q Mmtetl3. FebnycIj 05 Co-Defendant Name (Last, First, Middle) Roca I Sax Date of Birth 13 4 MisdemeanorD2NLBIpB 5. Juvenile 3. FelonryDqArrested 4. Misdemeanor 2 At targe S. Juvenile Parent Name (Leat) (First) ( tl lel Residence, Phone Legal Custodian ifOha Address (Street, Apt. Number) (City)tee (2Jp) business enons Notified by: (Name) Data Time Ju till9 0 afltian 1. 2. TOT HRS l z Dept. and Released within DYS Dept. end Released. 3. Incarcerateded j Released To: (Name) Relationship Date Time The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o Juvenile Clerk(P 355-2526) Informed chooI Attended Died, Qkeepthe Court one n(any alta n ge of address. LJ Vee, by: (Name) No: (Reason) ropeny nm.$7 escnp wn a ropey Value of Property Yes LINO oro Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter Produeel Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown O N. NAA B. Buy D. Deliver Distribute N. f1/A C. Cocaine M. Marijuana Equipment Z. Other xd P. Possess T. Trafic E. Use Cultivate A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics Charge Description Counts Statute Violation Number Violation of ORD # W Vio ancec Y N s Drug Activity Drug Type Amount / Unit Offense # Warrant I Capias Number Bond U Charge Description Counts me Statute Violation Number Violation of ORD to w Vic c pV N i Drug Activity Drug Type Amount I Unit Offense # Warrant I Caples Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # w ViolenceY N i Drug Activity Drug Type Amounl l Unit Offense Warrant /Copies Number Bond U Charge Description Counts Domestic Statute Violation Number Violation at ORD# Violencer7lYQN z Drug Activity Drug Type Amount/ Unit Offense # Warrent/ Copies Number Bond U I Mandatory Appearance In Court Locatio n (Conn, Room Number, Atldrese) N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICEInstructionNo. 2 Court Date and TimeQYouneednotappearinCourtbutmust comply with Instructions an Reverse Side. O Month Day Year Time AM. 0 P.M. W I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY F FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED z 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed OLD for other Agency Sig ature of Arresting O i Name Verification, (Printed by Mestee) Name: X ALS/ Dangerous El Ratified Meal Nem d eating GRicer(PmR) ID tt PRINT) Suicidal Other. S L John Passe iota 748 PAGE Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness hate if subject signed with an -%" 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent Juvenile 2. N.T.A. 4. Request for Capias 3 Agency ORI Number Agency Name Agency Report Number o FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1 Q Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea: Chock as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other LL Name (Lest, First, Middle) Aliaa Race Sex Dale of Birth o Bo le,Martin,E 10/12/51. 1 W M 10/12/51 ch wo Charge Description Charge Description Disorderly Conduct z Charge Description Charge Description v Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth r Local Address (Street, Apt. Number) (City) (state) (zip) Phone Address Source U_ Business Address (Name, Street) (City) (Slate) (zip) Phone Occupation The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told El confessed to that he/she saw the arrested person commit the below acts. admitting to the below fads. was found to have committed the below acts, resulBng from my (described) investigation. On the 22 day ofSeptember 20 15 at 5:50 AM. ® P.M. (Specifically Include facts constituting cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to u cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. m SWORN AND SUBS9RIBED BEFORE ME ^ tQ \X/•ARRIES IFS/ a~ SIGNATOR O ARRESTING/INVESTIGATINGO ICER— NNOT RY PU IC / CLERI OF COU PIC (F .S. 117.10) S L John Passe iota 9/23/15 NAME OF OFFICER (PLEASE PRINT) Q GATE 9/23/15 PAGE DATE 1 OF_ OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant Juvenile 2. N.T.A. 4. Request for Capias 31 F Z Agency ORI Number Agency Name Agency Report Number c FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Cherpa Type: 1 Felony pedal Nclas: Chock ® 3. Misdemeanor 5. Ortlinrasmany as apply. 2, Traffic Felony 4. Traffic Misdemeanor 6. Other u Name (Last, First, Middle) Alias I Raw Sax Date of Binh o Bo Ie,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Desorption o Disorderly Conduct 6 Charge Description Charge Description Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Binh Leal Address (Street, Apt. Number) (City) (State) (rip) Phone Address Source V Business Address (Name, Streit) (City) (theta) (rip) Phone It Occupation The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts In my presence. was observed by who told confessed to that he/she saw the arrested person commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my (described) investigation. On the day of 20 at A. M. P.M. (Specifically Include facts constituting cause for arrest.) N76U 6 OK SKARN AND SUBSCRIBED BEFORE ME w SIGNATURE OF ARRESTING / INVESTIGATING OFFICER 0c NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10) SgLJohn Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) a DATE 9/23/15 PACE 2DATE OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant Juvenile 2, N.T.A. 4, Requeslfcr Capias 3 Agency ORI Number Agency NameAgency Report Number M FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Charge Typa. 1. Felony ® 3. Check Misdemeanor 5. Ordinance Special Notes'. as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other u- Name (Last, First. Middle) Alias RaceSex Date of Birth o Boyle,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Description Disorderly Conduct Charge Description Charge Description 3 Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth Local Address (Street, Apt Number) City) (State) (zip) Phone Address Source rU_ Business Address (Name, Street) City) (State) (zip) Phone Occupation The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told Confessed to that he/she saw the arrested person Commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my described) investigation. On the day of 20 at A.M, P.M. (Specifically include facts constituting cause for arrest.) zw wr ryWcoco UW D) mooc6 SWORN AND SUBSCRIBED BEFORE ME W H SIGNATURE OF ARRESTING /INVESTIGATING OFFICER y NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S. 117.10) Sgt. John Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) C DATE 9/23/15 PAGE 3DATE OF FILING RECEIPT Case No: 1 Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E NAME) The following in the above style case ( CHECK 1•) Police Reports 2.) Witness Lists El 3.) Evidence List 4.) Probable Cause 5.) Rough Arrest 6.) Criminal History 0 7.) F1 8.) El 9.) 7 10.) Charged by officer with Disorderly Conduct -Resisting Officer Without Violence– Charges filed by A/S/A Officer's Name: Sgt. John Passeggiata THIS 23 DAY OF September 2015 By — -- Assistant State Attorney GULF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/K/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A ARREST DATE: 9/23/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: Sgt. John Passeggiata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO WHAT AGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP) PAGE 1 OF—PAGES DEFENDANT / EV 2 D ENC E L= S T O'Boyle,Martin,E DEFENDANT: Circuit Court Case # Sgt. John Passeggiata 1 Arresting Officer Police Dept. Case # Filing Officer: Sgt. John Passeggiata A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? Yes ® NO Written Taped Oral (Check only if statement was written down when person said it) Copy of transcript provided Yes No C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. use additional pages if necessary) 1) Person to whom made: Date of Statement: _ _ Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? 2 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? E. GRAND JURY TESTIMONY F. CONFIDENTIAL INFORMANT G. ELECTRONIC SURVEILLANCE H. SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) 3) 4) 5) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department PAGE 3 OF _PAGES K. OTHER EVIDENCE. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1 ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) — -- 12 ) L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item: Date will be furnished: Why not supplied at filing: use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND CORRECT. SIGNATURE OF FILING OFFICER Gulf Stream Police Department 9/23/15 DATE VICTIM/WITNESS LIST VICTIM: ADDRESS: (W) H) PAGE 4 OF _pAGES PHONE: (W) (H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ARRESTING OFFICER: Sgt John Passeggiata ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 CAN TESTIFY TO: The information contained within the police reports. w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w NAME: Mr. Serge Delaville ID# ADDRESS: (W) H) 4225 County Rd Gulf Stream FI 33483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. w_.._—_..«....--- NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department e........................................a.........• Page 5 OF Pages NAME: William Thrasher (Town Manager) I D#__ ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. r..+.......................» ............................ «................ NAME ID# ADDRESS (W): H): — — PHONE (W): (H): FNDR DIE; Till CAN TESTIFY TO: NAME: I D# ADDRESS(W): H): PHONE (W): (H) IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT I, W i 111 i -m 1"12A5n _. do hereby give this statement freely andTypeorprintname) Voluntarily to a CST. — .. . (nj C-V(- on 9 I I I S Officer's name) (Date) at . My date of birth is location of interview) My address is Phone # Sworn and subscribed before me, This day of SF P iary l 5 ili (Signature of giant) 20 15, personally known to meq/, Signa a of Notary Public / Of cer FSS 117,10) Or produe d identification _, type of LD. Gulf Stream Police Case # Page _of 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 ti gable C Nr,WYQe( GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT do hereby give this statement freely andTypeorprintname) Voluntarily to =:Iho EJ- 0/d jS"c}4A—T)- on Officer's name) (Date) at n p , My date of birth isG I location of interview) My address is i1 a Phone # Sr1 - S Z I 0 Sworn and subscribed before me, EL, -,A, ti This W 3 day of S Zs,, ,5 ( ' nature of giant) I/:personally known to me(of[ lvotary Public / OfneWFS9117,10) Or produced identification _, type of LD, -L bL 4 b 7S- U Gulf Stream Police Case # 15 — 16 .% rig Page _of 4'- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2015 Jonathan O'Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle - this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information -but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/employment policies_ as_ well -as any policies reflecting the -Towns -ADA -or -Federal - Rehabilitation Act duties: "High Priority. " Dear Jonathan O'Boyle [mail to: iobovle(cDobovlelawfirm.coml, The Town of Gulf Stream received your public records request on October 12, 2015. You should be able to view your request at the following link hU://www2.gulf- stream.or¢/weblink/O/doc/68166/Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. Also, the Town policies can be found by going to www.gulf-stream.org click on "Find a Town Record", click on "Town Clerk, and click on "Policies." We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:Chris O'Hare <chrisoharegulfstream@gmail.com> Sent:Tuesday, January 19, 2016 5:39 PM To:Bill Thrasher Subject:another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Attachments:GS # 2040 (legal work - Nazzaro)- amend.pdf; Records provided in response to GS #C 2040 PRR 15-2072.pdf Dear Custodian of Records, Your response, forwarded and attached herein, to my recent record request is unresponsive and apparently in multiple violations of Florida Statute. As a courtesy I am writing to you to give you an opportunity to produce records in compliance with my request and with Florida law. Please produce any responsive records as per FS Chapter 119 and as I originally asked. Sincerely, chrisoharegulfstream@gmail.com ---------- Forwarded message ---------- Bill Thrasher From: <bthrasher@gulf-stream.org> Date: Tue, Jan 19, 2016 at 1:55 PM Subject: GS # 2040 (legal work - Nazzaro)- amend To: "chrisoharegulfstream@gmail.com" <chrisoharegulfstream@gmail.com> 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. 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 19, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2040 (legal work - Nazzaro) The following records requested are those records created or received by the Town prior to September 12, 2014. (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C. Randolph and the Town of Gulf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (clarified 11/18/15 - Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Here is request 3 broken into three parts; I believe more simple but equally stated: 1. Any communication between the Town and Jones, Foster that has to do with the Town asking for Edward C. Nazzaro to provide legal help with public record requests. 2. Any communication between the Town and Jones, Foster that has to do with the Town asking for legal help with public record requests and Nazzaro being assigned to help. 3. In short I am trying to inspect any records that will shed light on how Nazzaro got the job and how the job was defined). Dear Chris O'Hare [mail to: chrisoharegulfstream@gmail.com], The Town of Gulf Stream has received your record request dated November 11, 2015 and amended on November 18, 2015. Your original and amended public records request can be found at the following link http://www2.gulf-stream.org/weblink/0/doc/75064/Page1.aspx. Please refer to the referenced number above with any future correspondence. For parts 1 & 2 of the amended request, there are no such records. For part 3 of your request, without conceding communications between John Randolph and other attorneys not copied to any employee or officer of the Town are public records of the town, the record is produced in response to your request and can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Kelly Avery From: Record Requestor <publicrecordrequester@gmail.com> Sent: Friday, December 11, 2015 11:07 AM To: Bill Thrasher Subject: Public Record Request ward statement of 11-17-15 Attachments: Ward Report on Hanna from O'Connor..pdf Mr. Thrasher, Please forward this email to the Custodian of Records for the Town of Gulf Stream, Custodian, Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document. Respond to: publicrecordrequester(@,,email.com On Friday, November 13, 2015, I attended the scheduled monthly Town Commission Meeting at Gulf Stream Town Hall at 9:00 A.M. In attendance were Martin O'Boyle, Christopher O'Hare, Attorney Jonathan O'Boyle and Attorney Mark Hanna, along with a number of town residents and persons conducting business with the town. For much of the meeting I observed Jonathan O'Boyle and Mark Hanna conversing in the lobby of Town Hall. Towards the end of the meeting the Commission presented changes to a number of Town Ordinances. Martin O'Boyle rose to the podium to speak on the Ordinance changes but deviated from the topic and, when his allotted time of three minutes expired, he refused to take his seat until so directed by a Gulf Stream Police Officer. Mark Hanna then rose to the podium and shortly became embroiled in harsh words with the Chair and in defense of Martin O'Boyle and Christopher O'Hare. He too was directed to his seat by a p9lice officer. After the meeting I was approached and engaged in conversation by Mark Hanna. I knew Mr. Hanna as he had deposed me as Christopher O'Hare's attorney in a lawsuit Mr. O'Hare had filed against the Town. Mr. Hanna told me that he was no longer associated with O'Hare and O'Boyle. He said that as O'Hare's attorney he attended a meeting with O'Hare and the O'Boyles, the purpose of which was to develop hypothetical strategies for targeting individuals. He said he participated and provided some input and the meeting ended. Afterwards he was provided a list of individuals that were to be targeted utilizing the strategies discussed at the meeting. Mr. Hanna said he would not do that because he felt it was unethical. He was then directed to assist other members of the O'Boyle law firm in implementing the targeting strategies and he refused to do that as well and he was fired. Mr. Hanna said his firing was the best thing that could have happened to him. He is now involved in work that he enjoys and he is glad that he doesn't have anything to do with those people any longer. Mr. Hanna did not say why he attended the meeting. Our conversation ended shortly thereafter and Mr. Hanna went on his way. iA: O BTS Number PROBABLE CAUSE AFFIDAVIT t.Anasl 3. Raquastforwement Juvenile2. N.TA. 1, Requeslfor Ceplaa 3oABFLOencyRIN501300 mber Aaerry Name Aaeroy Report Number G GULFSTREAM POLICE DEPARTMENT 1ChargeType. f. FelonCheckamany y 3. Misdemeanor 5. Ordinance Spedal Ndee: as apply. 2. Traffic Felony D 4. Traffic Misdemeanor B. Other Name OLost, First, Middle) Ie,Martin,E viae Race Se: Delsa Binh rn Charge Deacnption 10/12/51 W M 10/12/51 Ch rip DescriptionCDisorderlyConduct charge Omcnptian Charas DeeclphonResistingOfficerWithoutViolence Victim's Name (Last Fist Middle) Race Sex Dets of ehih FLoral cp Address atreot Apt Number) (cb) (State) lap) Pnone Addreae Duma Business Address (Name, Street) (Oily) ISmtel (act!) Phone Ocapalion TIN understoned contains and swears that 11I has just and reasonable grounds to believe, and does believe that as above nemetl Dalanda0t committed the folbwhq violation d law. The Person taken into custody cemmihed the below acts In my presence. was observed by who toldmnkaaetlto that he/she saw the arrested person commit the below acts. admitting to bre 6e1ow fads, was found to have committed the below acts, resuRing from my (described) Investigatton. On the 22 day of September yg 15 at 5:50 CIA -M- ® PA. (Specifically include facts consliluling cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderlybyengaginginsuchconductastoconstituteabreachofpeace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle torefrainfromhisattempttodefacetheposter, He asked, "What are you going to do about it"?" I ThendirectedMr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudlyrespondedtotheChief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moveddirectlyinfrontofChiefWardataveryclosedistancefromhim, puffed up his chest and shoulders and w glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from thebuilding. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped andvapulledhisarmfreeofmyhand, stating "I'm not going anywhere." He then grabbed the door frame andgingerlyloweredhimselftohisknees. Chief Ward and I attempted to raise him to his feet but he refused to cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees werempassingthroughtheLobbyandweresubjecttoMr. O'Boyles Tirade of obscenities and his disruptive and a disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful ordertoleaveTownHallonseveraloccasions. SWORN AND SUBSC IB ED BEFORE MEw L \,rr( MSIGNATUREOqAFtgESTINGIINVEBTiGAT IGO yQ CES NOT RY PU IC! CL RI ' F COU OFFICER IF .9. 11210) VV S John Passe iatsM923/15 NAME OF OFFICER (PLEASE PRINT) DATE 9/23/15 PAGE DATE I OF OBTSNumber ARREST/ NOTICE TO APPEAR 1 ArealJuvenileRefrerralReport2. N.T.A. a_ Reeueel far Wa Juvenile 4. 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Juvenile Referral Report 2. N.TA Juvenile4. Requertfor Capiaet Agency I umberw 3AgencyName FLO 5 0 13 00 g GULFSTREAM POLICE DEPARTMENT Agency Report Number (N.T,A.'e only) IGhupe Type: 1. FelonIChaeeemany Y ®3. Misdemeanor S. Ordinance Weapon Seized /TypeageI . 2 Traffic Felon 4. Traffic Misdemeanor 6. Other 1. Yea2 ClearelncaL®tian rAmn (Intlldlnp Nana of Buainees) 2 No c Lomgon r Offense (S s. Name. PGtlnv) OeleafAmsl Tare ofA hear Stool pate Baskin Tore 9/23/15 D Jell gra Jdl Tan. Location a Vehicle Name (Last, Flat, Middle) Arias (tarns. DOS, So-- Sea i, Eta) 10/12/51, Rasa hex ata al Bath Haight 1"AiW -White[ -American In d tan gro Eye Coro' HeirColor Cwnple4on BundB -Bleck D- Orlsnlal/Asian W M 10/12/51 6'2" 250 Brown GreScab, Marks, Tetoo,. Unlqus Physical Features (Location, Type, Description) LI ht Lar eMaritalStealsRanplonIndksGanof: Y Unk. W. qd au Vest, unber) Maarried o hloouerYeva 0 O 0rIp) N Hidden Harbour Dr GULF STREAM cuyIV 3. Flake3348356127254682. 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O W Morsh Dry Year TimeAGREETOAPPEARATTHETIMEANOPLACEIREDFFAILTOAPPEARBEFORETHECOURTREQUIREDBYTHISNOTICETOAPPEAR, THATI MAY BE HELO IN CONTEMPT OF COURTB THISTED TO ANSWER THE OFFENSE CHAR GED OR TOPAYTHE FINESUBSCRIBED. IUNDERSTAND THAT SHOULD I WILLFULLY i AND A WARRANT FOR MY ARREST SHALL BE ISSUED Slgretun aloolendar4 (or Juvenile and Parent /Custodian) 9/23/15 Door Sipped OLD for Omar Agency staSipre ofAmalinp Om"er Nems: 1S/ Name '101171 Mi (Famed pygrreree) Dangerous Resisted ARed p s'e`pia' Other X Nem of sting Officer (Print) _ID. PRINT) S t. John Passe iata 748 PAGEretakeOepulYI.O.a PourAa Tranvponin9Ogmr lot Agency 4t51neet mere if eublea alpmtl whh en -X' 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT i. Amest 3. Request for Warrant Juvenile Z ]. N.T.A. A. Request for Caplan 3AgencyORINumberAgencyNameAgarspatNumberFLOb01300Age, POLICE DEPARTMENT 1CherieType: 1. FelonCheckasmany y 3. Misdemeanor S. Ordinance Spatial Notes: ea apply. 2. Tratric Felony 4. Traffic Misdemeanor 6. Other u Name (Last, First, Middle) Rau Sex Data pl Binho 'Bo Ie, rlpti n,E Alias10112/51rnChangeDeaWplbn W M 10/12/51 w Disorderly Conduct Cne ga Msalptbn Cnarne Desatptlan Charge DeealpoonesistinOfficerWithoutViolence Victim's Name (Leet, First, Middle) Raw Sex Dave of Birth ULowlAtltlrese Street, Apt Number (City) State) (zip) PnoneAddress 5 Busheea Atltlreee.name. Streat) (Cay) (BleteJ (sip) Phone Osupallon The undenlpned n Into canto ewean that helehe has rust and reaeaebie grounds b believe, and dose ulleve Nal the above named Defendant communed the fdbwing vlaatbn of law. The Parson ishan Into custody commlited the below acts In my presence. was observed by13confessedto who told that he/she saw, the arrested person commit the below acts. atlmitling to the below facts' was found to have Committed the below acts, resulting from my (described) Invaetlpatlon. On the day of 20_ei Elk M- P.M.(SpeeJRceily Include (acts constituting cause for arrest.) zwaw a N 6 J SWORN AND SUBSCRIBED BEFORE ME F= SIGNATURE OF ARFU:STING INYEsnGAnNG OFFICERmNDTARYPUBLIC/CLERK OU T/OFFICEfi (F.S.5. 11 .10) g 9/23/15 S .John Passe iate DATE NAME OF OFFICER(PLEASEPRINT) 9/23/15 PAGE DATE _Lo,_ FILING RECEIPT Case No: Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E NAME) The following in the above style case ( CHECK ) I.) Police Reports 2.) Witness Lists 3.) Evidence List 4.) Probable Cause 5.) Rough Arrest 6.) Criminal History 7.) E.) 9.) 10.) Charged by officer with Disorderly Conduct -Resisting Officer WitLoutViolence— Charges filed by A/S/A Officer's Name: SgL John Passeggiata THIS 23 By DAY OF September , 20 15 Assistant State Attorney GOLF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/R/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES-__ NO x N/A _ ARREST DATE: 923/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: S8t John Passe2Riata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SOWHATAGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(g) RCrP) DEFENDANT: Arres D E FENDANT / EV2 DENCE L 2 S T Officer Filing Officer: Sgt. John Passeggista PAG, 1 OF—PAGES Circuit Court Case I Police Dept. Case # A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? Yea ® NO Written Taped Oral (Check only if statement was written down when person said it) Copy of transcript provided Yes No C. WRITTEN RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written Oral IF ORAL WHAT DID HE/SHE SAYS Taped PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. use additional pages if necessary) 1) Person to whom made: Date of Statement: —_ Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) — 4) 5) 6) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department 2 ) Person to whom made: Date of Statement: _ Oral IF ORAL WHAT DID Written HE/SHE SAY? Taped E. F. G. H. GRAND JURY TESTIMONY CONFIDENTIAL INFORMANT ELECTRONIC SURVEILLANCE SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) — 4) 5) 6) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department K. OTHER EVIDENCE ITEMS 1 ) 2) 3 ) 4 ) 5) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) 12 ) PAGE 3 OF _PAGES use additional pages if necessary) CUSTODIAN CHAIN OF CUSTODY L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item• Date will be furnished: _ Why not supplied at filing: use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IE CONFUTE AnCORRECT. 9/23/15 SIGNATURE OF FILING OFFICER DATE Gulf Stream Police Department VICTIM/WITNESS LIST PAGE 4 OF _-pAGES VICTIM: ADDRESS: (W) H) PHONE: (W) ( H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: w X ' ARRESTING OFFICER: Sgt JohnPassegmeta ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 _ CAN TESTIFY TO: The information contained within the police reports. NAME: Mr. Serge Delaville ID# ADDRESS: (W) E) 4225 County Rd Gulf Stream F133483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NOMBER OP PERSON WHO MAY BH CONTAMM TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE N0. OFFICBRS-BUSINESS ADDRESS AND PROVE ONLY y Gulf Stream Pollee Department Page 5 OFPages NAME: William Thrasher (Town Manager) I D# ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting di lord_ erly In the Town Hall Lobby, and resisting arrest without violence. NAME ID# ADDRESS (W): HY PHONE (W): tH): FTCRA319'FENNIM CAN TESTIFY TO: a ...e•• u u •••••......•....•.....•••....•.•.••. •. •.••.............. •... •..• NAME: I D# ADDRESS (W): H): PHONE (W): H IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: F NOTE: CIVILIAN NITHESS GIVE HONE AND BUSINESS ADDRESS AND PHONE NO. OFFICERS-BDSINNISSSS ADDRESS AND PHONE ONLY Gulf Stream Police Department TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 16, 2015 Record Requestor [mail to: publicrecordrequester@gmail.com] Re: GS #2072 (Public Record Request ward statement of 11-17-15) Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at leastpartly about, the attached document. Dear Record Requestor [mail to: nublicrecordrequester(a gmail.coml, The Town of Gulf Stream has received your public records requests dated December 11, 2015. The original public record request can be found at the following link: http://www2.gulf- stream.ore/WebLink/DocView.aWx?dbid=0&id=75064&naee=l&ci=1. Please refer to the referenced number above with any future correspondence. The Town of Gulf Stream is currently working on a large 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, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 30, 2015 Record Requestor [mail to: publicrecordrequester@gmail.com] Re: GS #2072 (ward statement of 11-17-15) Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document. Dear Record Requestor [mail to: i)ublicrecordreeuester(a,email.coml, The Town of Gulf Stream has received your public records request dated December 11, 2015. Your original public records request can be found at the following link htto://www2.gulf- stream.org/weblink/O/doc/75064/Pagel.aspxx. Please refer to the referenced number above with any future correspondence. It appears you have inadvertently provided two different documents. The Town is under the assumption from the subject line that you are referring to the statement from Chief Ward. Please be advised that there are no other records related to that statement. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Record Requestor [mailto:publicrecordrequester@gmail.com] Sent: Wednesday, December 30, 2015 4:49 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Follow up to GS #2072 + Fwd: FW: Public Record Request to Jones Foster - 5.00077 reports hanna - widboom Dear Custodian of Records, On December 30, 2015 you responded to my record request copied here for your reference: Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document You labeled your response as follows: Re: GS #2072 (ward statement of 11-17-15) You stated in your response: It appears you have inadvertently provided two different documents. The Town is under the assumption from the subject line that you are referring to the statement from Chief Ward. Please be advised that there are no other records related to that statement. We consider this matter closed. Unfortunately your assumption is wrong. The abbreviated caption in the subject line is a short hand reference and not a limiting description. Also note that I did NOT inadvertently provide two different documents. The attached document which is the subject of this record request was provided to me in its entirety by Ms. Joanne O'Connor in response to another public record request I made to the firm of Jones Foster Johnston & Stubbs P.A. I have forwarded Ms. O'Connors email with the document attached for your reference. May I soon be allowed to inspect any records responsive to this request? i3ublicrecordreciuester(@,jzmail.com SUPPLEMENTAL RESPONSE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 8, 2016 Record Requestor [mail to: publicrecordrequester@gmail.com] Re: GS # 2072 (Public Record Request ward statement of 11-17-15) Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document. Dear Record Requestor [mail to: publicrecordreauester(a)email.coml, The Town of Gulf Stream has received your record request dated December 11, 2015. Your original public records request and clarification can be found at the following link htta://www2.gulf-stream.ore/weblink/O/doc/75064/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. The Town understands that an email from 11/24/15 was produced to you on 12/21/15 in response to your request, JF206, directed to Jones, Foster, Johnston & Stubbs, P.A. The Town does not concede that the record is a public record of Gulf Stream. There are no public records responsive to your request. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 19, 2016 Record Requestor [mail to: publicrecordrequester@gmail.com] Re: GS # 2072 (Public Record Request ward statement of 11-17-15) Can you provide for my inspection any records related to the attached document? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document. (amended 1/13116 - Can you provide for my inspection any records related to the attached document (attached)? The records I wish to inspect would include things like drafts, notes, memos, emails, letters or anything created in the preparation of, or at least partly a consequence of, or at least partly about, the attached document. ) Dear Record Requestor [mail to: publicrecordreeuester(a)email.coml, The Town of Gulf Stream has received your record request dated January 11, 2015. Your original public records request can be found at the following link http://www2.gulf- stream.ore/weblink/O/doc/75064/Pastel.asox. Please refer to the referenced number above with any future correspondence. The Town is aware that an identical follow-up request was made by you to the Town's outside counsel, Joanne O'Connor, on 12/11/15. The Town further understands that an email dated 11/24/15 was provided in response to that request. The Town does not concede that that email is a public record of Gulf Stream. In any event, there are not and never have been any records responsive to your request. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:Chris O'Hare <chrisoharegulfstream@gmail.com> Sent:Tuesday, January 19, 2016 5:39 PM To:Bill Thrasher Subject:another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Attachments:GS # 2040 (legal work - Nazzaro)- amend.pdf; Records provided in response to GS #C 2040 PRR 15-2072.pdf Dear Custodian of Records, Your response, forwarded and attached herein, to my recent record request is unresponsive and apparently in multiple violations of Florida Statute. As a courtesy I am writing to you to give you an opportunity to produce records in compliance with my request and with Florida law. Please produce any responsive records as per FS Chapter 119 and as I originally asked. Sincerely, chrisoharegulfstream@gmail.com ---------- Forwarded message ---------- Bill Thrasher From: <bthrasher@gulf-stream.org> Date: Tue, Jan 19, 2016 at 1:55 PM Subject: GS # 2040 (legal work - Nazzaro)- amend To: "chrisoharegulfstream@gmail.com" <chrisoharegulfstream@gmail.com> 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. 1 Renee Basel From:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 16, 2015 11:19 AM To:Rita Taylor Cc:jshand@sfblaw.net; salnicklaw@aol.com Subject:Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Attachments:STATE ATTORNEY DISCOVERY NOTICE-MARTIN OBOYLE.pdf Good Day Records Custodian, I am requesting the below listed records from an incident that took place on 09/22/2015 at the Town of Gulfstream Clubhouse, 100 Sea Road, Gulfstream, FL 33483. Reference Gulfstream Police Department Case 15-1672. The defendant is Martin O’Boyle. Michael Salnick is his attorney and I am his private investigator. I have attached a copy of the State Attorney’s Discovery Exhibit. Delray Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) I am requesting below records Ref: Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672 : 1. CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD 2. Completed Police Officer Use of Force Report 3. Completed Supervisor Incident Report 4. Department Policy and Procedures related to Use of Force 5. Department Policy and Procedures related to persons injured while in custody and control of police 6. Department Policy and procedures for arrest procedures including Misdemeanor crimes 7. Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons 8. Department Policy and Procedures on handling criminal investigations 9. Department Policy and Procedures on processing crime scenes 10. Department Policy and Procedures on handling witness statements 11. All Emails from Chief Garrett Ward reference incident and or Mr. Martin O’Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 12. All Emails from Sgt Passeggiata reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 13. All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 14. All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 15. Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color This is NOT a public records request, but a request pursuant to the Discovery Rules. Should you have any questions or require additional documentation, please do not hesitate to contact me. Thank you for your assistance and cooperation. Sincerely, Frank Ranzie 1 Frank P. Ranzie , LPI Director of Investigations Dennis Root & Associates, Inc. Post Office Box 480643 Delray Beach, FL 33448 Agency License # A1200212 Office: (772) 872-6048 Fax: (772) 324-8149 Cell: (561) 701-3401 Frank@DennisRoot.com www.DennisRoot.com CONFIDENTIALITY NOTICE: This communication and all attachments (if any) contain confidential information intended only for its named recipient(s). This communication may contain information that is confidential and protected from disclosure by the attorney-client privilege and/or work product doctrine, or prohibited from disclosure and/or discussion without authorization pursuant to Chapter 456, Florida Statutes and other applicable State and/or federal laws, including, but not limited to, Chapter 119, Florida Statutes, the Florida Rules of Evidence, the FOIA, the Stored Communications Act, the Privacy Act, and 5 USC 552. Any use, distribution, copying or other disclosure by any person not named as a recipient or otherwise lawfully authorized is strictly prohibited. If you have received this communication in error, please notify its sender immediately. 2 IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA ►tom MARTIN E O'BOYLE CASE NO: JUDGE: Plaintiff Defendant 2015MM012872AXXX MARNT BRYSON STATE'S DISCOVERY RYPTRT'T COMES NOW the State of Florida, by and through the undersigned Assistant State Attorney, and pursuant to the provisions of Rule 3.220, Florida Rules of Criminal Procedure and in recognition of the Defendant's election to participate in discovery, submits the following information: 1. The names and addresses of all persons presently known to the prosecutor to have information that may be relevant to any offense charged, or any defense thereto are: A ALLEN, EDWARD 246 SEA ROAD GULFSTREAM, FL 33483 A DELAVILLE, SERGE 4225 COUNTY ROAD GULFSTREAM, FL 33483 A PASSEGGIATA, JOHN 246 SEA ROAD GULFSTREAM, FL 33483 A THARASHER, WILLIAM 100 SEA ROAD GULFSTREAM, FL 33483 A WARD, GARRETT 246 SEA ROAD GULFSTREAM, FL 33483 2. The items and/or documents described on this and the following pages are within the State's possession or control and are available for inspection, copying, testing and/or photographing at this office upon timely and reasonable notice. (a) Statements of Defendant: All written, recorded and/or oral statements of the Defendant, if any, contained in the reports, records and documents enclosed herewith, and in depositions/statements taken. Type: Oral & Recorded The State incorporates by reference any individual(s) listed in the police report(s), any witness statement(s) and depositions(s) relevant to the offenses charged herein. Rev 12/09 Original = Clerk Copy = Defense Counsel Copy=SAO File DCF STATE'S DISCOVERY EXHIBIT STATE v. MARTIN E O'BOYLE Page 2of4 Case: 2015MM012872AXXX Concerning / Indicating: As noted in reports and video (b) Tangible papers or objects obtained from or belonging to Defendant: (see paragraph 3. of this submission.) YES (c)Search or seizure: (see paragraph 3. of this submission) YES (d) Reports or statements of experts: [The curriculum vitae for any category B expert witness is available for inspection upon request] Type of Expert Reports/Statements Medical Medical/Lab Records of Defendant (pending subpoena) 3. The tangible papers and/or objects listed below, whether or not taken from or belonging to Defendant, which the State intends to use at hearing or trial, may be inspected, copied, photographed and/or tested, upon reasonable and timely notice to the agency shown: Rev 12/09 Original = Clerk Copy = Defense Counsel Copy --SAO File DCF STATE'S DISCOVERY EXHIBIT STATE v. MARTIN E O'BOYLE Papers / Object (s) Any/All Police Reports, Probable Cause Affidavit(s) and Supplements(s) Any and All Documents/Items mentioned in Police/Lab Reports Witness Statements(s) Photographs Crime Scene Diagrams Arrest / Conviction Record(s) Including Photographs and Fingerprints Driver's License and Record(s) Including Photographs and applications Audiotapes / Videotapes of Court Proceedings Fire / Rescue / EMS Report(s) Videotape of Town Hall Meeting Medical Records(s) / Reports RE: Defendant Page 3 of 4 Case: 2015MM012872AXXX Agency / Location (If not with State) Delray Beach Fire Rescue City of Gulfstream Bethesda Hospital 4. At this time the State is not aware of any material information favorable to the defendant which is otherwise not available through the exercise of reasonable diligence by the defendant in accordance with Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194 (1963) and its progeny. 5. Having made this Discovery Exhibit under Rule 3.220, FRCrP, and in light of Defendant's notice of intent to participate in discovery, the State hereby reminds the Defendant of his/her reciprocal disclosure obligations, and the time limits for same, under section (d) of said Rule. Rev 12/09 Original = Clerk Copy = Defense Counsel Copy=SAO File DCF STATE'S DISCOVERY EXHIBIT STATE v. MARTIN E O'BOYLE Page 4of4 Case: 2015MM012872AXXX I HEREBY CERTIFY that a true copy hereof has been furnished Electronically /U.S. Mail/Hand--Delivery/Fax this day of November, A.D. 2015, to ,Michael Salnick, Esq. 1645 Palm Beach Lakes Boulevard, 10" Floor --Ste. 1000, West Palm Beach, Florida 33401 MICHAEL J. SATZ State Attorney Nicole Bloom Assistant State Attorney FL Bar 0021444 201 S.E. 6th Street Unit MTC Fort Lauderdale, FL 33301 (954) 831-8469 Rev 12/09 Original = Clerk Copy = Defense Counsel Copy=SAO File DCF Renee Basel From:Kelly Avery Sent:Monday, December 7, 2015 11:01 AM To:OConnor, Joanne M. Subject:file Attachments:PRR 15-1994.pdf Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax kavery@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. 1 From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a "low priority." Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records — I think that is fair under Due Process and a reasonable good -faith response. Then I can make a determination as to whether to alert the Attorney General's office for mediation or — as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a low priority." Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again "low priority." I will note that under Chapter 119, searches are not compensable, if you intend to assess a special search" charge, please let me know the Town's authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one -pager. "Mid - Priority." Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle — this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information — but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/ employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: "High Priority." Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non -disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual — all else can be redacted to ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else's reports (which should ameliorate the Town's interest in non -disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. "High Priority." As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. I HEREBY CERTIFY THAT TNiS 1S Gulf Stream Police Department= t 246 Sea Road Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 Page 1 of 2 Complaint Number: 15-1672 OFFENSE REPORT__ _ .._. _ . _ .... Incident Type: DISORDERELY CONDUCT Location of Incident: 100 SEA RD. Zone: 2 GULF STREAM FL 33483 Type of Premises: GOVERNMENT BLDG Processed By: SGT. JOHN PASSEGGIATA Time of Call: 1750 Time of Arrival: 1750 Other Units Notified: CHIEF WARD, LT. ALLEN Time Completed: 1820 Officer Injured: NO Officer Killed/Assaulted: NO Date/Time Reported: 09/22/2015 17:50 Occurred From: Domestic: NO Juvenile Involved: NO Reporting Officer: SGT. JOHN PASSEGGIATA WITNESS Name: SERGE DELAVH,LE Home Address: Name: Business Name: Name: Race: Date of Birth: Home Address: 4225 COUNTY RD Home Phone: 561) 274-4940 GULF STREAM FL 33483 Cell Phone: 561) 573-7150 R .-. WITNESS__ WILLIAM THRASHER Business Phone: 561) 278-8611 GULF STREAM TOWN MANAGER MARTIN O'BOYLE WHITE 10/12/1951 23 HIDDEN HARBOUR GULF STREAM FL 33483 KNOWN SUSPECT Sex: MALE 0 Home Phone: (561) 272-5468 INCIDENT SUMMARY AT THE ABOVE DATE AND TIME AT, THE END OF A PUBLIC TOWN HALL MEETING AT 100 SEA RD, MR. MARTIN O'BOYLE A GULF STREAM RESIDENT WAS ACTING DISORDERLY BY ENGAGING IN SUCH CONDUCT AS TO CONSTITUTE A BREACH OF THE PEACE. MR. OB'OYLE ATTEMPTED TO DEFACE PUBLIC PROPERTY BY WRITING WITH A MARKER ON A POSTER DISPLAYED AT TOWN HALL. WHEN I DIRECTED MR. O,BOYLE TO REFRAIN FROM HIS ATTEMPT TO DEFACE THE POSTER, HE ASKED, WHAT ARE YOU GONNA DO ABOUT 1T ?". I THEN DIRECTED MR O'BOYLE TO MOVE AWAY FROM THE POSTER AND HE LOUDLY REPLIED "FUCK YOU." I THEN DIRECTED MR O'BOYLE TO LEAVE THE BUILDING AND HIS LOUD RESPONSE WAS, "GO FUCK YOURSELF". AT THAT POINT, CHIEF WARD ENGAGED O'BOYLE IN AN ATTEMPT TO HAVE HIM COMPLY WITH MY DIRECTION TO LEAVE THE BUILDING. HE LOUDLY RESPONDED TO THE CHIEF, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE". O,BOYLE THEN MOVED DIRECTLY IN FRONT OF CHIEF WARD AT A VERY CLOSE DISTANCE FROM HIM, PUFFED UP HIS CHEST AND SHOULDERS AND GLARED AT THE CHIEF IN A THREATENING MANNER. CHIEF WARD ASKED O,BOYLE, "WHAT IS THAT A COMBAT STANCE?" O,BOYLE RESPONDED, "YEAH ITS A COMBAT STANCE." Page 2 of 2 Complaint Number: 15-1672 I THEN ATTEMPTED TO ESCORT O'BOYLE FROM THE BUILDING. HE MOVED TO THE EXIT DOOR WHICH WAS IN AN OPEN POSITION AND THEN STOPPED AND PULLED HIS ARM FREE OF MY HAND, STATING, "I'M NOT GOING ANYWHERE." HE THEN GRABBED THE DOOR FRAME AND GINGERLY LOWERED HIMSELF TO HIS KNEES. CHIEF WARD AND I ATTEMPTED TO RAISE HIM TO HIS FEET BUT HE REFUSED TO COOPERATE. HE THEN CALLED TO AN EMPLOYEE AND SAID "CALL 911, GET ME AN AMBULANCE". . MR. O'BOYLE WENT TO HIS KNEES ON HIS OWN VOLITION AND DID NOT APPEAR TO SUSTAIN ANY INJURY. IT WAS LATER KNOWN THAT HE WAS CHECKED AT THE HOSPITALAND RELEASED. THIS INCIDENT OCCURRED IN THE GULF STREAM TOWN HALL LOBBY WHEN MEETING ATTENDEES WERE PASSING THROUGH THE LOBBY AND WERE SUBJECTED TO O'BOYLE'S TIRADE OF OBSCENITIES AND HIS DISRUPTIVE AND DISORDERLY CONDUCT. PROBALBLE CAUSE EXISTS TO CHARGE O'BOYLE IN THAT HE ACTED IN A DISORDERLY MANNER, OBSTRUCTED JUSTICE AND RESISTED AN OFFICER WITHOUT VIOLENCE. MR. O'BOYLE DID NOT COMPLY WITH A LAWFUL ORDER TO LEAVE TOWN HALL ON SEVERAL OCCASIONS. Page I of I e Gulf Stream Police Department 246 Sea Road FLA. Gulf Stream, FL 33483 Phone: (561) 278-8611 Fax: (561) 276-2528 SUPPLEMENTAL OFFENSE REPORT Incident/Reclassification: Report Status: ACTIVE Report Date/Time: Reporting Officer: CHIEF GARRETT WARD INCIDENT SUMMARY Complaint Number: 15-1672 ON TUESDAY, 9/2215 AT APPROXIMATELY 150 HRS. I WAS STANDING IN THE LOBBY OF GULF STEAM TOWN HALL" THE CONCLUSION OFA PUBLIC MEETING. AT THAT TIME I OBSERVED MARTIN O'BOYLE, A GULF STREAM RESIDENT APPROACH SGT. JOHN PASSEGGIATA WHO WAS STANDING IN THE LOBBY NEXT TO INFORMATIONAL POSTERS THAT WERE AFFIXED TO THE LOBBY WALL. O'BOYLE TOLD THE SGT. THAT HE WAS GOING TO CROSS OUT INFORMATION ON THE POSTER AND HAD A MARKING PEN IN HIS HAND. THE SGT. DIRECTED O'BOYLE NOT TO DEFACE THE POSTER AND O'BOYLE RESPONDED, "WHAT ARE YOU GONNA DO ABOUT IT?" THE SGT. THEN DIRECTED O'BOYLE TO MOVE AWAY FROM THE POSTER AND OBOYLE'S REPLY WAS, "FUCK YOU." I THEN HEARD SGT. PASSEGGIATA DIRECT O'BOYLE TO LEAVE THE BUILDING AND O'BOYLE LOUDLY RESPONDED, "GO FUCK YOURSELF." AT THAT POINT I APPROACHED O'BOYLE TO ADVISE HIM TO FOLLOW THE SGTS. DIRECTIONS. AS I DID HE SAID, "FUCK YOU, GO FUCK YOURSELF YOU FUCKING ASSHOLE." HE THEN MOVED VERY CLOSE TO ME, STUCK OUT HIS CHEST IN A THREATENING MANNER AND GLARED AT ME. I ASKED O'BOYLE IF THAT WAS A COMBAT STANCE AND HE REPLIED, "YEAH, ITS A COMBAT STANCE." I TOLD O'BOYLE THAT HE WAS BEING DISRUPTIVE AND DIRECTED HIM TO LEAVE THE BUILDING. SGT. PASSEGGIATA TOOK O'BOYLE'S ARM IN AN ATTEMPT TO ESCORT HIM FROM THE BUILDING.HE MOVED WITH THE SGT. TO THE EXIT DOOR AND THEN STOPPED, PULLING HIS ARM FREE OF THE SGTS. HAND AND SAID I'M NOT GOING ANYWHERE. HE THEN GRABBED THE DOORFRAME AND DROPPED GENTLY TO HIS KNEES.O'BOYLE WOULD NOT COOPERATE WITH OUR ATTEMPT TO GET HIM TO HIS FEET. HE THEN CALLED TO AN EMPLOYEE TO "CALLL 911, GET ME AN AMBULANCE," ALTHOUGH -HE SHOWED NO SIGNS OF INJURY AND HAD GONE TO HIS KNEES INTENTIONALLY. HE WAS SUBSEQUENTLY CHECKED AND RELEASED AT THE HOSPITAL I HEQFBY CERT IIA TIMI' THIS IS A TRUE AND i'ORRECT °;OPY AS FILED IN f OBTS Number ARREST / NOTICE TO APPEAR 1. Arrest 3, Request low Warrant Juvenile Juvenile Referral Report 2 NTA. 4. Request for Capias 3 w Agency0 IN-um bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT G Che a'sypa: 5. Ordinanceryry i. Felony ®3. Misdemeanor CheeK Weapon Seized/Type 7. Vats MultipleClearancridicalore tp- m ae many as a I . 2. TraRc Felon 4. Traffic Misdemeanor S. Other 2 2 fJo z Location of AReet (Including Name of Business) Location of Offense (Business Name, Address) fO6 Dalt of Arrest Time of Arrest Bmldrp Date Boodrp Time Jai Date Jail TIrne Location of Vehitle 9/23ns I Name (Leel, First, Middle) Alias (Name, DOB, Soo. Sec all Etc.) 0'R9xlIe.Mart0n.F 10/12/51, Race Box ate of Birth Height WMyn Eye Coiar Heir Color Complealon Build Bala ck 0-Orlenteal/ Aelenaa W M 10/12/51 6'2" 250 Brown Grey Light Large Sears, Marks, Tattoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of: Y Nk. Married Alcohol Influencee, p k Local Address (Street. Apt Number) (City) (zip) Phone Residence Type: @ 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 z. county 4. Floridat State 3 LL Permanent Address (Street, Apt Number) (City) (State) Mp) Phone Atltlrees Source 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Lp)Occupation D/L Number, State Soc. Sec. Number INS Number Place of Birth (City, State) r rens ip 0140-565-51-372-0 1 New Jersey USA Co-Defendant Name (Last, First, Middle) Race Sax Data of Bim 1 Arrested 3. Felony cW d Co-Defendant Name (Last, First, Middle) Race ex Dete oi Binh 4. Misdemeanor 2. At Large S. Juvenile 3. Felony7Arrested 4. Misdemeanor 2 AIL arge 5. Juvenile Parent Nemo (Last) (First) (m,aaie) Residence Phone Legal Custodian Other: Address ( beet. Apt. Number) (Cly) rare (zip)usmeas one ori led by: (Name) Date Time Juvemile Oa'paeltionwLeplerecessed within 2. TOT H z Dept, el. and Released. 3. Incarcerated Raleaeetl To: (Name) Relationship Date Time l The above address Frovieed by defendant and I or a en an s paren e a c en / or pecan wee la keep the Juvenile Court Clerk (P one 355-2523) informed g any change of address. Schsol Adanded Grade LoIJ Yes, by: (Noma) Na:(fteaeon) 2perty, Crim Description o rope Value of Property LJ Yes LJ Na w0 Drug Activity S. Sell R. Smuggle K. Disposal anu acture) Other Drvyy Type S. Barbiturate H. Hallucinogen P. Parephernalial U. Unknown EquipmentN. NIA B, Buy D. Deliver Distribute Produce/ N. N/A C. Cocaine M. Marijuana Z. Other v P. Possess T. Traffic E. Use Cultivate A Amphetamine E. Heroin O.Opium/Dene S. Synthetics Charge Description Counts U01116511c Statute Violation Number Violation of ORD 0 ac Disorder) Conduct 1 Violence13Y 877.03 I Drug Activity Drug Type Amount/Unit Offeroe# Warrant Caples Number Bond N N 1 Charge Description CountsDomestic Statute Violation Number Violation of ORD as a Resistin Officer Without Violence 1 pv ®N 843.02 i Drug Activby Drug Type Amount/Unit Offense# Warrent/Copies Number Band N N I 2 Charge Description Counts Domestic Statute Violation Number Violation of ORD is W ViolenceY N s Dnp Activity Dnp Type Amount) Unit Offense# Warrant/Copies Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # Violence c Y ON i Drug Activity Drug Type Amount/Unit Offense# Warrant l Copies Number Band U Instruction No. 1 Location (Court, Room Number, Address) Mandatory Appearance in Court N/A MISDEMEANOR FILING WITH STATE ATTORNEYS OFFICE Instruction I Court Date and Timea. You need not appear in Court but must comply with instructions on Reverse Side. O Month Day Year Time A.M. rl P.M. rl w 1 AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY co FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MV ARREST SHALL BE ISSUED X 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Date Signed HOLD for other Agency Sig lure of Arresting p cat Name Vanflaalion (Printed by Arrestee) Name: X Dangerous Resisted Arrest Name ct ting Officer (Print) I.D.# PwM7 PAGESuicidal Other S t. John Pass Tata 748 Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness here II subject signed with an "XV* I I OF OBTS Number ARREST / NOTICE TO APPEAR t. Arteet 3.R quest for Warrant Juvenile Referral Report 2. N.T.A 4. Request for Capias 3 w gency0 INum bar Agency Name Agency Report Number(N.T.A.'s only) FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT Cherpe Type: d_Felany ®3. Misdemeanor 5. Ordinance Check ee Weapon Seized/Type 1. Yea Multiple l- m many I . 2. Trefec Felon 4. Traffic Misdemeanor 6. Otherasapply. 2 2 No Clearance Location of Men (Including Name of Business)Lo®lion d Offense (Busereas Nacre, Address) fO6 Dna d Men rare d Arrest Boobrq One Booking Time Jail Date Jail Time Lu®ticn of Vehicle 9/23/15 Name (Leat, First, Middle) Alias (Name, DOB, So- Sec #, Etc) 0'H9 le.MartonY 10/12/51, RaceWhe1. San ale d Birth Height W.4pla Eye Color Hair Color Complexion Build B - Blaok g- American Indiaa W M 10/12/51 6'2" 250 Brown Grey Light Large Scars, Marks, Tatoos, Unique Physical Features (Location, Type, Description) Marital Status Religion Indication of Y N nk Married AlcoholgIl encea O 0 0 Local Address( treat, Apt.Number) (CRY) a (zip) Phone Residence Type: 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 2. County a. Florida slate 13 LL Permanent Address (Street, Apt. Number) (City) ( ) (Zip) Phone Address Source 0 23 N Hidden Harbour Dr GULF STREAM FL 33483 561 2725468 Business Address (Name, Street) (City) a (Dp) phone uccupotann DAL Number, State Sm. See Number I Num er Pieced Birth (City, Stale) UdizenShIp 0140-565-51-372-0 New Jersey USA Co-Defendant Name (Last, First. Middle) Race Sax Date of Binh D q Mmtetl3. FebnycIj 05 Co-Defendant Name (Last, First, Middle) Roca I Sax Date of Birth 13 4 MisdemeanorD2NLBIpB 5. Juvenile 3. FelonryDqArrested 4. Misdemeanor 2 At targe S. Juvenile Parent Name (Leat) (First) ( tl lel Residence, Phone Legal Custodian ifOha Address (Street, Apt. Number) (City)tee (2Jp) business enons Notified by: (Name) Data Time Ju till9 0 afltian 1. 2. TOT HRS l z Dept. and Released within DYS Dept. end Released. 3. Incarcerateded j Released To: (Name) Relationship Date Time The above address Grovided by defendant and / or sen an a pwren s e c 1 an or parent was o Juvenile Clerk(P 355-2526) Informed chooI Attended Died, Qkeepthe Court one n(any alta n ge of address. LJ Vee, by: (Name) No: (Reason) ropeny nm.$7 escnp wn a ropey Value of Property Yes LINO oro Drvy Activity S. Sell R. Smuggle K. Dispense/ anu acture ter Produeel Dmy Type B. Barbiturate H. Hallucinogen P. Parephomallal U. Unknown O N. NAA B. Buy D. Deliver Distribute N. f1/A C. Cocaine M. Marijuana Equipment Z. Other xd P. Possess T. Trafic E. Use Cultivate A. Amphetamine E. Heroin O.OpiumIDanv. S. synthetics Charge Description Counts Statute Violation Number Violation of ORD # W Vio ancec Y N s Drug Activity Drug Type Amount / Unit Offense # Warrant I Capias Number Bond U Charge Description Counts me Statute Violation Number Violation of ORD to w Vic c pV N i Drug Activity Drug Type Amount I Unit Offense # Warrant I Caples Number Band U Charge Description Counts Domestic Statute Violation Number Violation of ORD # w ViolenceY N i Drug Activity Drug Type Amounl l Unit Offense Warrant /Copies Number Bond U Charge Description Counts Domestic Statute Violation Number Violation at ORD# Violencer7lYQN z Drug Activity Drug Type Amount/ Unit Offense # Warrent/ Copies Number Bond U I Mandatory Appearance In Court Locatio n (Conn, Room Number, Atldrese) N/A 11'IISDEMEANOR FILING WITH STATE ATTORNEYS OFFICEInstructionNo. 2 Court Date and TimeQYouneednotappearinCourtbutmust comply with Instructions an Reverse Side. O Month Day Year Time AM. 0 P.M. W I AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED TO ANSWER THE OFFENSE CHARGED OR TO PAY THE FINE SUBSCRIBED. I UNDERSTAND THAT SHOULD I WILLFULLY F FAIL TO APPEAR BEFORE THE COURT AS REQUIRED BY THIS NOTICE TO APPEAR, THAT I MAYBE HELD IN CONTEMPT OF COURT AND A WARRANT FOR MY ARREST SHALL BE ISSUED z 9/23/15 Signature of Defendant (or Juvenile and Parent /Custodian) Dale Signed OLD for other Agency Sig ature of Arresting O i Name Verification, (Printed by Mestee) Name: X ALS/ Dangerous El Ratified Meal Nem d eating GRicer(PmR) ID tt PRINT) Suicidal Other. S L John Passe iota 748 PAGE Intake Deputy I.D. # Pouch # Transporting Officer ID # Agency Witness hate if subject signed with an -%" 2 OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrent Juvenile 2. N.T.A. 4. Request for Capias 3 Agency ORI Number Agency Name Agency Report Number o FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT I 1 Q Cherpe Type: 1. Felony 3. Misdemeanor 5. Ordinance Special Notea: Chock as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other LL Name (Lest, First, Middle) Aliaa Race Sex Dale of Birth o Bo le,Martin,E 10/12/51.W M 10/12/51 ch wo Charge Description Charge Description Disorderly Conduct z Charge Description Charge Description v Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth r Local Address (Street, Apt. Number) (City) (state) (zip) Phone Address Source U_ Business Address (Name, Street) (City) (Slate) (zip) Phone Occupation The undereigne l certifies and swears that haters has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told El confessed to that he/she saw the arrested person commit the below acts. admitting to the below fads. was found to have committed the below acts, resulBng from my (described) investigation. On the 22 day ofSeptember 20 15 at 5:50 AM. ® P.M. (Specifically Include facts constituting cause for arrest.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"?" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I had put in an open position, Mr. O"Boyle then stopped and pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to u cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. m SWORN AND SUBS9RIBED BEFORE ME ^ tQ \X/•ARRIES IFS/ a~ SIGNATOR O ARRESTING/INVESTIGATINGO ICER— NNOT RY PU IC / CLERI OF COU PIC (F .S. 117.10) S L John Passe iota 9/23/15 NAME OF OFFICER (PLEASE PRINT) Q GATE 9/23/15 PAGE DATE 1 OF_ OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Warrant Juvenile 2. N.T.A. 4. Request for Capias 31 F Z Agency ORI Number Agency Name Agency Report Number c FLO 50 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Cherpa Type: 1 Felony pedal Nclas: Chock ® 3. Misdemeanor 5. Ortlinrasmany as apply. 2, Traffic Felony 4. Traffic Misdemeanor 6. Other u Name (Last, First, Middle) Alias I Raw Sax Date of Binh o Bo Ie,Martin,E 10/12/51,1 W M 10/12/51 y Charge Description Charge Desorption o Disorderly Conduct 6 Charge Description Charge Description Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Binh Leal Address (Street, Apt. Number) (City) (State) (rip) Phone Address Source V Business Address (Name, Streit) (City) (theta) (rip) Phone It Occupation The undersigned caniles and swears that he/she has lust and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts In my presence. was observed by who told confessed to that he/she saw the arrested person commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my (described) investigation. On the day of 20 at A. M. P.M. (Specifically Include facts constituting cause for arrest.) N76U 6 OK SKARN AND SUBSCRIBED BEFORE ME w SIGNATURE OF ARRESTING / INVESTIGATING OFFICER 0c NOTARY PUBLIC I CLERK OF COURT/ OFFICER( F.S.S. 117.10) SgLJohn Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) a DATE 9/23/15 PACE 2DATE OF OBTS Number PROBABLE CAUSE AFFIDAVIT 1. Arrest 3. Request for Wanant Juvenile 2, N.T.A. 4, Requeslfcr Capias 3 Agency ORI Number Agency NameAgency Report Number M FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 Charge Typa. 1. Felony ® 3. Check Misdemeanor 5. Ordinance Special Notes'. as many as apply. 2. Traffic Felony 4. Traffic Misdemeanor 6. Other u- Name (Last, First. Middle) Alias RaceSex Date of Birth o Boyle,Martin,E 10/12/51, W M 10/12/51 y Charge Description Charge Description Disorderly Conduct Charge Description Charge Description 3 Resisting Officer Without Violence Victim's Name (Last, First, Middle) Race Sex I Date of Birth Local Address (Street, Apt Number) City) (State) (zip) Phone Address Source rU_ Business Address (Name, Street) City) (State) (zip) Phone Occupation The undersigned certifies and swears that he/she has just and reasonable grounds to believe, and does believe that the above named Defendant committed the following violation of law. The Person taken into custody committed the below acts in my presence. was observed by who told Confessed to that he/she saw the arrested person Commit the below acts. admitting to the below facts. was found to have committed the below acts, resulting from my described) investigation. On the day of 20 at A.M, P.M. (Specifically include facts constituting cause for arrest.) zw wr ryWcoco UW D) mooc6 SWORN AND SUBSCRIBED BEFORE ME W H SIGNATURE OF ARRESTING /INVESTIGATING OFFICER y NOTARY PUBLIC/CLERK OF COURT/ OFFICER IRS. S. 117.10) Sgt. John Passe 18t8 9/23/15 NAME OF OFFICER (PLEASE PRINT) C DATE 9/23/15 PAGE 3DATE OF FILING RECEIPT Case No: 1 Arrest Date: 9/23/15 Received with reference to Defendant: O'Boyle,Martin,E NAME) The following in the above style case ( CHECK 1•) Police Reports 2.) Witness Lists El 3.) Evidence List 4.) Probable Cause 5.) Rough Arrest 6.) Criminal History 0 7.) F1 8.) El 9.) 7 10.) Charged by officer with Disorderly Conduct -Resisting Officer Without Violence– Charges filed by A/S/A Officer's Name: Sgt. John Passeggiata THIS 23 DAY OF September 2015 By — -- Assistant State Attorney GULF STREAM POLICE DEPARTMENT STATE ATTORNEY'S OFFICE FILING INFORMATION FORM DEFENDANT O'Boyle,Martin,E A/K/A: 10/12/51, CO-DEFENDANTS (if any) VICTIM RELATED/ACQUAINTED WITH DEFENDANT? YES NO x N/A ARREST DATE: 9/23/15 AGENCY CASE NO.: 1 ARRESTING/LEAD OFFICER: Sgt. John Passeggiata AGENCY GULF STREAM POLICE DEPARTMENT PHONE NO.: 561-278-8611 CURRENT SHIFT HOURS: 0700 TO 1900 DAYS OFF: LEAVE/SHIFT CHANGE INFO: WAS ARREST MADE FOR, OR IN CONJUNCTION WITH ANOTHER AGENCY AND IF SO WHAT AGENCY? SENTENCING RECOMMENDATIONS: ADDITIONAL COMMENTS, IF ANY: FILING DOCUMENTS ATTACHED: ROUGH ARREST P.C. AFFIDAVIT (SWORN ORIGINAL) SWORN STATEMENT OF MATERIAL WITNESSES WITNESS/EVIDENCE LIST OFFENSE REPORTS (ALL) ACCIDENT REPORTS (ALL) WITNESS STATEMENTS (ALL) FCIC/NCIC CRIMINAL HISTORY OTHER ATTACHMENTS INCLUDE: PLEASE NOTE REQUIREMENT OF SWORN STATEMENT(S) OF MATERIAL WITNESSES; REQUIRED BY SUPREME COURT FOR FILING (RULE 3 140(8) RCrP) PAGE 1 OF—PAGES DEFENDANT / EV 2 D ENC E L= S T O'Boyle,Martin,E DEFENDANT: Circuit Court Case # Sgt. John Passeggiata 1 Arresting Officer Police Dept. Case # Filing Officer: Sgt. John Passeggiata A. NAMES, ADDRESSES AND PHONE NUMBERS OF ALL PERSONS WHO MAY HAVE INFORMATION WHICH MAY BE RELEVANT TO THE OFFENSE CHARGED OR ANY DEFENSE THERETO, ARE PROVIDED ON PAGE 3. B. ARE THERE ANY STATEMENTS OF PERSONS LISTED IN PARAGRAPH 1? Yes ® NO Written Taped Oral (Check only if statement was written down when person said it) Copy of transcript provided Yes No C. WRITTEN. RECORDED, AND/OR ORAL STATEMENTS OF DEFENDANT (USE additional pages if necessary) 1 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? Person to whom made: Date of Statement Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? PAGE 2 OF_ PAGES D. WRITTEN, RECORDED AND/OR ORAL STATEMENTS OF CO-DEFENDANT. use additional pages if necessary) 1) Person to whom made: Date of Statement: _ _ Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? 2 ) Person to whom made: Date of Statement: Written Taped Oral IF ORAL WHAT DID HE/SHE SAY? E. GRAND JURY TESTIMONY F. CONFIDENTIAL INFORMANT G. ELECTRONIC SURVEILLANCE H. SEARCH AND/OR SEIZURE REPORTS OF EXPERTS Name of Expert: Nature of Testimony: YES YES YES YES YES NO NO NO NO NO J. PAPERS OR OBJECTS BELONGING TO OR OBTAINED FROM DEFENDANT. use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1) 2) 3) 4) 5) 7) 8) 9) 10) 11) 12) Gulf Stream Police Department PAGE 3 OF _PAGES K. OTHER EVIDENCE. (use additional pages if necessary) ITEMS CUSTODIAN CHAIN OF CUSTODY 1 ) 2 ) 3 ) 4 ) 5 ) 6 ) 7 ) 8 ) 9 ) 10 ) 11 ) — -- 12 ) L. ANYTHING SHOWING THE DEFENDANT MAY NOT BE GUILTY: YES ® NO Source: Describe Information: M. INFORMATION OR EVIDENCE TO BE SUPPLIED LATER additional pages if necessary) Item: Date will be furnished: Why not supplied at filing: use NOTE: IT IS THE RESPONSIBILITY OF THE OFFICER FILING THE CASE TO INSURE THE FOREGOING LIST IS COMPLETE AND CORRECT. SIGNATURE OF FILING OFFICER Gulf Stream Police Department 9/23/15 DATE VICTIM/WITNESS LIST VICTIM: ADDRESS: (W) H) PAGE 4 OF _pAGES PHONE: (W) (H) IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: ARRESTING OFFICER: Sgt John Passeggiata ID# 748 DEPARTMENT: GULFSTREAM POLICE DEPARTMENT ADDRESS: 246 SEA ROAD, GULFSTREAM, FL 33483 PHONE: (W) 561-278-8611 (H) 561-278-8611 CAN TESTIFY TO: The information contained within the police reports. w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w w NAME: Mr. Serge Delaville ID# ADDRESS: (W) H) 4225 County Rd Gulf Stream FI 33483 PHONE: (W) (H) cell 561-573-7150 IF NO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO • Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. w_.._—_..«....--- NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department e........................................a.........• Page 5 OF Pages NAME: William Thrasher (Town Manager) I D#__ ADDRESS (W): 100 Sea Rd Gulf Stream Town Hall H): PHONE (W): 561278-8611 (H) FNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAY BE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: Mr. O'Boyle acting disorderly in the Town Hall Lobby, and resisting arrest without violence. r..+.......................» ............................ «................ NAME ID# ADDRESS (W): H): — — PHONE (W): (H): FNDR DIE; Till CAN TESTIFY TO: NAME: I D# ADDRESS(W): H): PHONE (W): (H) IFNO PHONE, THEN NAME, ADDRESS AND PHONE NUMBER OF PERSON WHO MAYBE CONTACTED TO ACCEPT MESSAGE: CAN TESTIFY TO: NOTE: CIVILIAN WITNESS GIVE HOME AND BUSINESS ADDRESS AND PHONE NO. OFFICERS -BUSINESS ADDRESS AND PHONE ONLY Gulf Stream Police Department GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT I, W i 111 i -m 1"12A5n _. do hereby give this statement freely andTypeorprintname) Voluntarily to a CST. — .. . (nj C-V(- on 9 I I I S Officer's name) (Date) at . My date of birth is location of interview) My address is Phone # Sworn and subscribed before me, This day of SF P iary l 5 ili (Signature of giant) 20 15, personally known to meq/, Signa a of Notary Public / Of cer FSS 117,10) Or produe d identification _, type of LD. Gulf Stream Police Case # Page _of 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 ti gable C Nr,WYQe( GULF STREAM POLICE DEPARTMENT Palm Beach County, State of Florida VICTIM/WITNESS AFFIDAVIT do hereby give this statement freely andTypeorprintname) Voluntarily to =:Iho EJ- 0/d jS"c}4A—T)- on Officer's name) (Date) at n p , My date of birth isG I location of interview) My address is i1 a Phone # Sr1 - S Z I 0 Sworn and subscribed before me, EL, -,A, ti This W 3 day of S Zs,, ,5 ( ' nature of giant) I/:personally known to me(of[ lvotary Public / OfneWFS9117,10) Or produced identification _, type of LD, -L bL 4 b 7S- U Gulf Stream Police Case # 15 — 16 .% rig Page _of 4'- TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 20, 2015 Jonathan O'Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #1994 (Incident 9-22-15/ Policies) Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town's version of the events and decisions regarding what charges to make against Matin O'Boyle - this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information -but not yet. For now, I am also seeking whatever manual's are out there reflecting the Town's policing policies/employment policies_ as_ well -as any policies reflecting the -Towns -ADA -or -Federal - Rehabilitation Act duties: "High Priority. " Dear Jonathan O'Boyle [mail to: iobovle(cDobovlelawfirm.coml, The Town of Gulf Stream received your public records request on October 12, 2015. You should be able to view your request at the following link hU://www2.gulf- stream.or¢/weblink/O/doc/68166/Pagel.asox. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. Also, the Town policies can be found by going to www.gulf-stream.org click on "Find a Town Record", click on "Town Clerk, and click on "Policies." We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:Kelly Avery Sent:Wednesday, January 20, 2016 9:23 AM To:OConnor, Joanne M. Subject:FW: another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Attachments:GS # 2040 (legal work - Nazzaro)- amend.pdf; Records provided in response to GS #C 2040 PRR 15-2072.pdf Please advise Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax kavery@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. From: Chris O'Hare \[mailto:chrisoharegulfstream@gmail.com\] Sent: Tuesday, January 19, 2016 5:39 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Dear Custodian of Records, Your response, forwarded and attached herein, to my recent record request is unresponsive and apparently in multiple violations of Florida Statute. As a courtesy I am writing to you to give you an opportunity to produce records in compliance with my request and with Florida law. Please produce any responsive records as per FS Chapter 119 and as I originally asked. Sincerely, chrisoharegulfstream@gmail.com ---------- Forwarded message ---------- Bill Thrasher From: <bthrasher@gulf-stream.org> Date: Tue, Jan 19, 2016 at 1:55 PM 1 Subject: GS # 2040 (legal work - Nazzaro)- amend To: "chrisoharegulfstream@gmail.com" <chrisoharegulfstream@gmail.com> 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:Kelly Avery Sent:Wednesday, January 20, 2016 9:23 AM To:OConnor, Joanne M. Subject:FW: another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Attachments:GS # 2040 (legal work - Nazzaro)- amend.pdf; Records provided in response to GS #C 2040 PRR 15-2072.pdf Please advise Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax kavery@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. From: Chris O'Hare \[mailto:chrisoharegulfstream@gmail.com\] Sent: Tuesday, January 19, 2016 5:39 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Dear Custodian of Records, Your response, forwarded and attached herein, to my recent record request is unresponsive and apparently in multiple violations of Florida Statute. As a courtesy I am writing to you to give you an opportunity to produce records in compliance with my request and with Florida law. Please produce any responsive records as per FS Chapter 119 and as I originally asked. Sincerely, chrisoharegulfstream@gmail.com ---------- Forwarded message ---------- Bill Thrasher From: <bthrasher@gulf-stream.org> Date: Tue, Jan 19, 2016 at 1:55 PM 1 Subject: GS # 2040 (legal work - Nazzaro)- amend To: "chrisoharegulfstream@gmail.com" <chrisoharegulfstream@gmail.com> 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, December 22, 2015 5:23 PM To:Kelly Avery Subject:FW: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Attachments:image003.jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE-MARTIN OBOYLE.pdf; ATT00002.htm Let’s talk about this tomorrow. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Frank Ranzie \[mailto:frank@dennisroot.com\] Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor@gulf-stream.org; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Mrs. O'Connor, Records Custodian Thank you for your response. Please consider this a formal Public Records Request. I have sent this request to the town clerk, and defendants attorneys. Please let me know if the town will comply with Florida Chapter 119 and provide the requested information without further delay. See Below Public Records Request: I am requesting the below listed records from an incident that took place on 09/22/2015 at the Town of Gulfstream Clubhouse, 100 Sea Road, Gulfstream, FL 33483. Reference Gulfstream Police Department 1 Case 15-1672. The defendant is Martin O’Boyle. Michael Salnick is his attorney and I am his private investigator. I have attached a copy of the State Attorney’s Discovery Exhibit. Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref: Delray Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672: 1. CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD 2. Completed Police Officer Use of Force Report 3. Completed Supervisor Incident Report 4. Department Policy and Procedures related to Use of Force 5. Department Policy and Procedures related to persons injured while in custody and control of police 6. Department Policy and procedures for arrest procedures including Misdemeanor crimes 7. Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons 8. Department Policy and Procedures on handling criminal investigations 9. Department Policy and Procedures on processing crime scenes 10. Department Policy and Procedures on handling witness statements 11. All Emails from Chief Garrett Ward reference incident and or Mr. Martin O’Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 12. All Emails from Sgt Passeggiata reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 13. All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 14. All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 15. Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color Thank you, Frank P. Ranzie Sent from my iPhone Begin forwarded message: From: "OConnor, Joanne M." <JOConnor@jonesfoster.com> Date: December 22, 2015 at 4:03:34 PM EST To: "frank@dennisroot.com" <frank@dennisroot.com>, "salnicklaw@aol.com" <salnicklaw@aol.com> Cc: "jshand@sfblaw.net" <jshand@sfblaw.net>, "Randolph, John C." <JRandolph@jonesfoster.com>, "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> 2 Subject: FW: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Gentlemen – My client the Town of Gulf Stream has forwarded the below request to me. I have reviewed Fla. R. Crim. P. 3.220 and do not see any argument that can be made that the discovery processes contemplated therein bind law enforcement agencies like the Town’s Police Department. Instead, Rule 3.220(a) contemplates that a defendant like Mr. O’Boyle “may elect to participate in the discovery process provided by these rules… by filing with the court and serving on the prosecuting attorney a ‘Notice of Discovery’”…. (emphasis added). In sum, I am not aware of any mechanism for you to obtain discovery from the Town absent a public records request made pursuant to Chapter 119 or a subpoena duces tecum. If I am missing something, please advise. Regards, Joanne O’Connor 3 Renee Basel From:Kelly Avery Sent:Thursday, December 17, 2015 3:41 PM To:OConnor, Joanne M. Subject:FW: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Attachments:STATE ATTORNEY DISCOVERY NOTICE-MARTIN OBOYLE.pdf Please advise Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax kavery@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. From: Frank Ranzie \[mailto:frank@dennisroot.com\] Sent: Wednesday, December 16, 2015 11:19 AM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: jshand@sfblaw.net; salnicklaw@aol.com Subject: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Importance: High Good Day Records Custodian, I am requesting the below listed records from an incident that took place on 09/22/2015 at the Town of Gulfstream Clubhouse, 100 Sea Road, Gulfstream, FL 33483. Reference Gulfstream Police Department Case 15-1672. The defendant is Martin O’Boyle. Michael Salnick is his attorney and I am his private investigator. I have attached a copy of the State Attorney’s Discovery Exhibit. Delray Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) I am requesting below records Ref: Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672 : 1. CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD 2. Completed Police Officer Use of Force Report 3. Completed Supervisor Incident Report 4. Department Policy and Procedures related to Use of Force 1 5. Department Policy and Procedures related to persons injured while in custody and control of police 6. Department Policy and procedures for arrest procedures including Misdemeanor crimes 7. Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons 8. Department Policy and Procedures on handling criminal investigations 9. Department Policy and Procedures on processing crime scenes 10. Department Policy and Procedures on handling witness statements 11. All Emails from Chief Garrett Ward reference incident and or Mr. Martin O’Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 12. All Emails from Sgt Passeggiata reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 13. All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 14. All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O’Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 15. Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color This is NOT a public records request, but a request pursuant to the Discovery Rules. Should you have any questions or require additional documentation, please do not hesitate to contact me. Thank you for your assistance and cooperation. Sincerely, Frank Ranzie Frank P. Ranzie , LPI Director of Investigations Dennis Root & Associates, Inc. Post Office Box 480643 Delray Beach, FL 33448 Agency License # A1200212 Office: (772) 872-6048 Fax: (772) 324-8149 Cell: (561) 701-3401 Frank@DennisRoot.com www.DennisRoot.com CONFIDENTIALITY NOTICE: This communication and all attachments (if any) contain confidential information intended only for its named recipient(s). This communication may contain information that is confidential and protected from disclosure by the attorney-client privilege and/or work product doctrine, or prohibited from disclosure and/or discussion without authorization pursuant to Chapter 456, Florida Statutes and other applicable State and/or federal laws, including, but not limited to, Chapter 119, Florida Statutes, the Florida Rules of Evidence, the FOIA, the Stored Communications Act, the Privacy Act, and 5 USC 552. Any use, distribution, copying or other disclosure by any person not named as a recipient or otherwise lawfully authorized is strictly prohibited. If you have received this communication in error, please notify its sender immediately. 2 Renee Basel From:Kelly Avery Sent:Thursday, November 5, 2015 10:16 AM To:OConnor, Joanne M. Subject:FW: GS #2042 (RE: Records Request - JRO 7/14/15) Attachments:GS #2042 (RE Records Request - JRO 71415).pdf Fyi Kelly Avery Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax kavery@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. From: Bill Thrasher Sent: Thursday, November 05, 2015 10:16 AM To: 'joboyle@oboylelawfirm.com' <joboyle@oboylelawfirm.com> Subject: GS #2042 (RE: Records Request - JRO 7/14/15) 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. 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 5, 2015 Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com] Re: GS #2042 (RE: Records Request - JRO 7/14/15) (1) Can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. (2) And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. (3) Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. (4) Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. (5) Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. Dear Jonathan O’Boyle [mail to: joboyle@oboylelawfirm.com], The Town of Gulf Stream received your public records request on October 28, 2015. You should be able to view your request at the following link http://www2.gulf- stream.org/weblink/0/doc/69615/Page1.aspx. In future correspondence, please refer to this public records request by the above referenced numbers. Ms. O’Connor has responded previously on items 1-4. There are responsive documents available at the same link for part 5 of your request. There is no such disciplinary file, but the employment application is there for your viewing. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records Renee Basel From:Martin E. O’Boyle <meo@commerce-group.com> Sent:Friday, July 20, 2018 11:28 AM To:Renee Basel Subject:FW: GS #2655 - Response to Records Request for 9/22/15 (by Town) - Commission Meeting - Gulf Stream Attachments:GS #2655 (Video 9.22.15 Town Commission Meeting)_production.pdf Reneé-thank you kindly. I wish you a wonderful weekend. Be well in stay safe! :-) Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. 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 From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, July 20, 2018 11:25 AM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2655 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 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 20, 2018 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2655 (Video 9.22.15 Town Commission Meeting) 1. Please provide a copy of the video of the meeting of the town commission of the town of Gulfstream which was held on September 22, 2015, as taken by or taken at the direction of the town of Gulfstream for any of its commissioners, officers, employees or agents, as posted on YouTube. 2. If difference than that requested in #1 above, please provide a copy of the video of the meeting of the town commission of the town of Gulfstream which was held on September 22, 2015, as taken by or taken at the direction of the town of Gulfstream for any of its commissioners, officers, employees or agents. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 16, 2018. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/119555/Page1.aspx The Town understands your request to seek 1. A copy of the September 22, 2015 commission meeting video posted on YouTube, and 2. A copy of the September 22, 2015 commission meeting video maintained by the Town, if it is different than the video posted on YouTube. The September 22, 2015 video as posted on YouTube is the only record responsive to your request. You can view it at the following link: https://www.youtube.com/watch?v=7MdSpTDbbcQ We consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M. (JOConnor@jonesfoster.com); 'Randolph, John C.' (JRandolph@jonesfoster.com); Matias, Sally (SMatias@jonesfoster.com) Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 2 COMMERCE GROUP       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 gward@gulf-stream.org September 28, 2015 Town of Gulf Stream Police Department 100 Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, “police brutality.” Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, “shocks the conscience.”) As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a “bad cop” is brought to your attention, I intend to take this matter “upstairs” to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney’s Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. Page 2 __________________________________________________ I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, Martin E. O'Boyle CC: William Thrasher – Town of Gulf Stream via email William Ring, Esquire via email Jonathan O’Boyle, Esquire via email I:\P\NPR\L\AD\Sept 22 15 Incident Ofcr Passeggiata Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M.; Randolph, John C.; Matias, Sally Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M.; Randolph, John C.; Matias, Sally Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M. (JOConnor@jonesfoster.com); 'Randolph, John C.' (JRandolph@jonesfoster.com); Matias, Sally (SMatias@jonesfoster.com) Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 2 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M. (JOConnor@jonesfoster.com); 'Randolph, John C.' (JRandolph@jonesfoster.com); Matias, Sally (SMatias@jonesfoster.com) Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 2 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M.; Randolph, John C.; Matias, Sally Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M.; Randolph, John C.; Matias, Sally Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 Renee Basel From:Bill Thrasher Sent:Monday, December 7, 2015 10:27 AM To:Garrett Ward Cc:Rita Taylor; OConnor, Joanne M.; Randolph, John C.; Matias, Sally Subject:FW: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Attachments:MEO Ltr to Chief Ward Complaint 09.28.15.pdf What is the status of the Town responding and when to respond this email. From: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, December 7, 2015 9:39 AM To: Garrett Ward <GWard@gulf-stream.org> Cc: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Incident – Martin E. O’Boyle – Lobby of Town Hall – Evening of September 22, 2015 Dear Chief Ward: On September 28, 2015, I sent you a letter making inquiry as to the Incident which occurred on the evening of September 22, 2015. We now are in our fourth month and you still have not responded. Would you kindly respond to my letter; or, in the alternative, just advise me that you have no intention of responding, whereupon I will take a different approach in gaining responses to my inquiries. I am hopeful that, as a citizen of Gulf Stream; and that your being a public servant, that you will kindly provide me the requested information without further ado. I thank you for your kind cooperation in advance. I look forward to a prompt receipt of this information. P.S. If you have already responded to the September 2, 2015 letter, if you could either re-send your response or advise me as to how and when it was sent, if we received it, I will let you know if the information sent was comprehensively responded to. Again, I thank you. Martin E. O'Boyle, Commerce Group, Inc. 1280 W. Newport Center Drive 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 1 Renee Basel From:Rita Taylor Sent:Tuesday, November 17, 2015 8:33 AM To:Bill Thrasher Subject:FW: Letter and Records Request #1180 Attachments:Custodian of Records regarding RR#1180 11.16.15.pdf From: Records \[mailto:records@commerce-group.com\] Sent: Monday, November 16, 2015 5:41 PM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: rsweetapple@sweetapplelaw.com; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Letter and Records Request #1180 1 COMMERCE GROUP       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 November 16, 2015 VIA E-MAIL: rtaylor@gulf-stream.org TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Custodian of Records Re: Records Request – Martin O’Boyle - #1180 Dear Madam Custodian of Records: Enclosed please find the captioned Records Request. For convenience, I am sending a copy of this letter and the Request to Mr. Sweetapple and Ms. O’Connor. To assure that I will receive all records, I am requesting that Mr. Sweetapple and Ms. O’Connor distribute a copy of this letter and the attachment to all members, partners and employees of their respective firms. Sincerely yours, Martin E. O'Boyle Enclosure cc: Joanne M. O’Connor, Esquire – E-Mail w/ enclosure Robert A. Sweetapple, Esquire – E-Mail w/ enclosure P/NPR/FRR RECORDS REQUEST (the “Request”) Date of Request: November 16, 2015 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 emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O’Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O’Connor. Please note the definition of the “Town of Gulf Stream” below. If any clarification to this Request is necessary, I ask that you kindly notify the Requestor at the following E-Mail address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce-group.com. 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 Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) 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”. I/P/NP/FLRR 07.28.2015 Renee Basel From:Rita Taylor Sent:Tuesday, November 17, 2015 8:33 AM To:Bill Thrasher Subject:FW: Letter and Records Request #1180 Attachments:Custodian of Records regarding RR#1180 11.16.15.pdf From: Records \[mailto:records@commerce-group.com\] Sent: Monday, November 16, 2015 5:41 PM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: rsweetapple@sweetapplelaw.com; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Letter and Records Request #1180 1 Renee Basel From:Rita Taylor Sent:Tuesday, November 17, 2015 8:33 AM To:Bill Thrasher Subject:FW: Letter and Records Request #1180 Attachments:Custodian of Records regarding RR#1180 11.16.15.pdf From: Records \[mailto:records@commerce-group.com\] Sent: Monday, November 16, 2015 5:41 PM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: rsweetapple@sweetapplelaw.com; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Letter and Records Request #1180 1 Renee Basel From:Rita Taylor Sent:Tuesday, November 17, 2015 8:33 AM To:Bill Thrasher Subject:FW: Letter and Records Request #1180 Attachments:Custodian of Records regarding RR#1180 11.16.15.pdf From: Records \[mailto:records@commerce-group.com\] Sent: Monday, November 16, 2015 5:41 PM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: rsweetapple@sweetapplelaw.com; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Letter and Records Request #1180 1 Renee Basel From:Rita Taylor Sent:Tuesday, November 17, 2015 8:33 AM To:Bill Thrasher Subject:FW: Letter and Records Request #1180 Attachments:Custodian of Records regarding RR#1180 11.16.15.pdf From: Records \[mailto:records@commerce-group.com\] Sent: Monday, November 16, 2015 5:41 PM To: Rita Taylor <RTaylor@gulf-stream.org> Cc: rsweetapple@sweetapplelaw.com; OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Letter and Records Request #1180 1 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, August 16, 2017 3:37 PM To:Trey Nazzaro Subject:FW: O'Boyle Attachments:1SX6047-agreement settlement 08152017 redline.doc Follow Up Flag:Follow up Flag Status:Completed I have to leave shortly. If you want to touch base with Mayor on this, please do. Otherwise we can call him from the mediation tomorrow. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Robert Sweetapple \[mailto:rsweetapple@sweetapplelaw.com\] Sent: Wednesday, August 16, 2017 2:04 PM To: Scott Morgan <scottmorgan75@gmail.com> Cc: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: FW: O'Boyle This message originated from outside your organization Latest version I reviewed today. ________________________________________ ROBERT A. SWEETAPPLE, ESQ. Board Certified Civil Trial Board Certified Business Litigation Sweetapple, Broeker & Varkas, P.L. 20 SE 3 Street rd Boca Raton, FL 33432 (561) 392-1230 (t) (561) 394-6102 (f) rsweetapple@sweetapplelaw.com 1 STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. From: Joanne O'Connor <JOCONNOR@JONESFOSTER.COM> Date: Wednesday, August 16, 2017 at 8:24 AM To: Robert Sweetapple <rsweetapple@sweetapplelaw.com> Subject: O'Boyle I think this is what the agreement would look like per our discussion yesterday but am waiting to hear back from Jeff. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 SETTLEMENT AGREEMENT 1. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, Martin E. O’Boyle, individually and also in his representative capacity for and on behalf of Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; Citizens for Open Government, LLC; and Citizens Awareness Foundation, Inc., including all successors and assigns (collectively “O’BOYLE”) fully and forever hereby irrevocably discharges and releases the TOWN OF GULF STREAM from each and every action, cause of action, lawsuit, appeal, post-judgment proceeding, claim for attorney’s fees, claim for costs, claim for sanctions (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively “CLAIMS”), which O’BOYLE ever had, now has, or which any personal representative, successor, heir, or assign can or may have against the TOWN OF GULF STREAM for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and O’BOYLE also hereby knowingly waives all such CLAIMS. The two specific exceptions to the comprehensive scope of this general release and waiver are addressed in paragraph 8 below. 2. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, O’BOYLE fully and forever hereby irrevocably discharges and releases each individual and each entity that signs his, her, or its signature block on Composite Exhibit “A” (“Joining Party”) from all CLAIMS which O’BOYLE ever had, now has, or which any personal representative, successor, heir, or assign can or may have against the Joining Party for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and O’BOYLE also hereby knowingly waives all such CLAIMS. 3. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, the TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases O’BOYLE from all CLAIMS which the TOWN OF GULF STREAM ever had, now has, or which any successor or assign can or may have against O’BOYLE for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the TOWN OF GULF STREAM also hereby knowingly waives all such CLAIMS. 4. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, each Joining Party fully and forever hereby irrevocably discharges and releases O’BOYLE from all CLAIMS which the Joining Party ever had, now has, or which any personal representative, successor, heir, or assign can or may have against O’BOYLE for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Joining Party also -1- hereby knowingly waives all such CLAIMS. The absence of a Joining Party’s signature on Composite Exhibit “A” shall operate to negate any possible release or waiver issued by that Joining Party or in favor of that Joining Party. 4. 5. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, the TOWN OF GULF STREAM fully and forever hereby irrevocably discharges and releases Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Esq.; and The O’Boyle Law Firm, P.C., Inc., (collectively “O’Boyle Attorneys”) from all CLAIMS which the TOWN OF GULF STREAM ever had, now has, or which any successor or assign can or may have against the Formatted: Indent: Left: 0.5", No bullets or O’Boyle Attorneys arising from their representation of O’BOYLE, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of numbering this Settlement Agreement, and the TOWN OF GULF STREAM also hereby knowingly waives except that all such CLAIMS; , in the event that Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Esq.; or The O’Boyle Law Firm, P.C., Inc., seek any form of judicial relief against TOWN OF GULF STREAM on his or on its own behalf (“New Attorney Lawsuit”), then this paragraph 5 will not prevent, limit, reduce, or otherwise hinder the TOWN OF GULF STREAM in its rights or in its ability to defend itself, to assert all defenses and defensive matters, or to seek awards of attorney’s fees, costs, sanctions, and other relief typically available to a defending party in any such New Attorney Lawsuit. 5.6.By way of clarification and not limitation, this Settlement Agreement, includes, but is not limited to, a mutual release, discharge, and waiver of each of the CLAIMS, facts, circumstances, and matters that were or which could have been raised in or addressed in any of the following matters: Case No.14-CA-000834; Case No. 14-CA-001572; Case No. 14-2CA-02607; Case No. 14-CA-002728; Case No. 14-CA-003396; Case No. 14-003721; Case No. 14-CA-004474/Case No. 4D16-3634; Case No. 14-CA-005189; Case No. 4D 15-1762; Case No. 14-CA-005628; Case No. 14-CA-6112; Case No. 14-CA0006360; Case No 14-CA-007123; Case No. 14-CA-008076; Case No. 14-CC-008529; Case No. 14-CA-010216; Case No. 14-CA-011940; Case No. 14-CC-014780 (17th Cir. County Court); Case No. 14-CC-015050; Case No. 16-CA-004546; Case No. 16-CA-005437/Case No. 4D16-3386; Case No. 14-cv-80317/11th Cir. Case No. 15-13964; Case No. 15-13964; Case No. 14-cv-81250-KAM; Case No. 14-cv-81248-DTKH/11th Cir. Case No. 15-10997; Case No. 15-CA-001498; Case No. 15-CA-001498; Case No. 15-CA-001737; Case No. 14-CA-011941, Case No. 15-cv-80182-KAM, and Case No. 17-CA-005226 (collectively “Litigated Matters”). 6.7. By way of further clarification and not limitation, except for cases which have already concluded by virtue of the entry of an appropriate final order or judgment, the TOWN OF GULF STREAM and O’BOYLE will file stipulations for the dismissal with prejudice of the Litigated Matters in the appropriate court to secure a final order of dismissal of each case with each party to the Litigated Matters to bear its own attorney’s fees and costs, even if a party is otherwise entitled to seek attorney’s fees and costs from another under a fee or cost shifting -2- Formatted: Indent: Left: 0.5", No bullets or numbering provision. All sanctions claims made, ordered, or granted, including, without limitation, those made, ordered, or granted pursuant to section 57.105, Florida Statutes, the inherent authority of any court, or any other law (whether statutory or common law) shall be withdrawn and dismissed with prejudice. 7.8. By way of further clarification and not limitation, this Settlement Agreement amounts to an immediate written withdrawal of each and every public records request issued as of the date of the execution of this Settlement Agreement to the TOWN OF GULF STREAM by O’BOYLE, including, without limitation, each public records request issued through a relative, employee, associate, agent, or attorney (collectively “O’Boyle Requestors”). The O’Boyle Requestors separately release, discharge, and waive all CLAIMS arising from, connected with, related to, or associated with each such public records request. 8.9. The settlement agreement entered into by and between the TOWN OF GULF STREAM, Martin E. O’Boyle, Commerce Group, Inc., N984AC Caravan, LLC, and Airline Highway, LLC, on July 26, 2013, shall remain in full force and effect. Civil claims that Martin E. O’Boyle may have or wish to assert against the TOWN OF GULF STREAM arising from or associated with his arrest for criminal trespass on September 22, 2015, are hereby preserved and not released or waived by this Settlement Agreement until a final action has been taken by the prosecution to drop, dismiss, nolle pros, withdraw, dispose of, or otherwise refrain from prosecuting those charges. 9.10. In connection with any litigation between the TOWN OF GULF STREAM and O’BOYLE filed on or after the date of the execution of this Settlement Agreement, the TOWN OF GULF STREAM and O’BOYLE hereby waive all rights to secure prevailing party attorney’s fees and costs from the other party in such litigation, even if a state or federal statute or rule provides such a remedy. Nonetheless, each party hereby retains its respective rights to apply for and to secure court-awarded sanctions from any other, even if the sanction award is in the form of an award of attorney’s fees, costs, or both. This prevailing party fee and cost waiver provision is intended to eliminate the incentive to initiate litigation based upon the existence of fee-shifting and cost-shifting provisions. 10.11. In the event that any O’Boyle Requestors submit a public records request to the TOWN OF GULF STREAM at any time after the day of the execution of this Settlement Agreement, Martin E. O’Boyle hereby agrees to pay, at the time that the public records request is made, a facilitation fee of $250 to the Town Clerk of the TOWN OF GULF STREAM (“Facilitation Fee”). Failure to pay the Facilitation Fee will conclusively render such public records request withdrawn. In the event the costs associated with responding to the applicable public records request are less than the corresponding Facilitation Fee, the balance of the Facilitation Fee (after reduction of the costs associated with responding to the request) will be refunded to Martin E. O’Boyle in a timely manner. Otherwise, the conduct of the O’Boyle Requestors and the TOWN OF GULF STREAM will be governed by Chapter 119, Florida Statutes, and Florida law. -3- 11.12. The TOWN OF GULF STREAM and O’BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terms, obligations, operation, and effect. The TOWN OF GULF STREAM and O’BOYLE acknowledge that their entry into this Settlement Agreement is intended to resolve pending litigation and shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. The TOWN OF GULF STREAM and O’BOYLE have entered into this Settlement Agreement voluntarily and without having been threatened, coerced, or intimidated. No provision of this Settlement Agreement shall be construed presumptively against any party hereto. 12.13. The TOWN OF GULF STREAM and O’BOYLE warrant (a) that no sale, assignment, transfer, or otherwise disposition of any of the CLAIMS which are being released and waived hereunder has occurred, (b) that each has the full right, power, legal capacity, and authority to enter into this Settlement Agreement and to consummate the transactions described herein, and (c) that this Settlement Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation in accordance with its terms. 13.14. In the event of an alleged default of any obligation under this Settlement Agreement, the party declaring any such default shall provide the party allegedly in default with a notice explaining the default by email and by U.S. Mail (“Notice”). The failure to cure a default by the 10th day after such Notice was provided shall constitute a breach of this Settlement Agreement. Such breach, however, shall not be construed as a breach between all parties, and any such breach shall be enforceable only against the breaching party by the party providing the Notice. Notice to the TOWN OF GULF STREAM shall be made to the Town Clerk at the Town Clerk’s official address for email and by U.S. Mail to Town Clerk, Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483. Notice to O’BOYLE shall be made by email to moboyle@commerce-group.com and by U.S. Mail to Commerce Group, Inc., 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442. 14.15. This Settlement Agreement is deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. Accordingly, the TOWN OF GULF STREAM and O’BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for all purposes related to this Settlement Agreement and forgo all other venues. 15.16. This Settlement Agreement shall be binding upon and inure to the benefit of the TOWN OF GULF STREAM and O’BOYLE’s respective heirs, successors and assigns. Neither may assign its rights or delegate its obligations under this Settlement Agreement without the express prior written consent of the other affected party. 16.17. This Settlement Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Settlement Agreement shall be considered, for all purposes, as if it were an executed original. -4- 17.18. This Settlement Agreement contains the entire agreement of the TOWN OF GULF STREAM and O’BOYLE with respect to all matters covered and the transactions contemplated hereby; any prior writing or oral discussion shall be considered merged into this Settlement Agreement and only the text shall be considered indicative of the parties intent. This Settlement Agreement together with the MUTUAL GENERAL RELEASE BETWEEN TOWN AND O'BOYLE LAW FIRM ATTORNEYS DATED JULY 7, 2017, contains the entire agreement of the TOWN OF GULF STREAM and O’BOYLE with respect to all matters covered and the transactions contemplated hereby; any prior writing or oral discussion shall be considered merged into this Settlement Agreement and only the text shall be considered indicative of the parties intent. No modification or waiver of any provision of this Settlement Agreement shall be effective unless the same shall be in writing and signed by TOWN OF GULF STREAM and Martin E. O’Boyle. 18.19. If any term, covenant, or condition Settlement Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remaining terms, conditions, and covenants shall remain valid and enforceable. Each term, covenant, or condition shall be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as ________July 7, 2017. of -5- SETTLEMENT AGREEMENT SIGNATURE PAGE ___________________________ MARTIN E. O’BOYLE individually, and also as the duly authorized representative on behalf of Airline Highway, LLC Asset Enhancement, Inc. CG Acquisition Company, Inc. Commerce GP, Inc. Commerce Group, Inc. Commerce Realty Group, Inc. CRO Aviation, Inc. Our Public Records, LLC Stopdirtygovernment, LLC Public Awareness Institute, Inc. Citizens for Open Government, LLC Citizens Awareness Foundation, Inc. _______________________________ TOWN OF GULF STREAM By Scott Morgan as Town Mayor -6- COMPOSITE EXHIBIT “A” JOINING PARTY SIGNATURE BLOCKS MAYOR SCOTT MORGAN PATRICIA RANDOLPH THOMAS STANLEY JOAN ORTHWEIN PAUL LYONS DONNA WHITE RITA TAYLOR WILLIAM THRASHER EDWARD C. NAZZARO, ESQ. JOHN C. RANDOLPH, ESQ. JOANNE M. O’CONNOR, ESQ. JONES, FOSTER, JOHNSTON & STUBBS, P.A. By __________________ as its _________________. -7- Page 1 of 2-page COMPOSITE EXHIBIT “A” COMPOSITE EXHIBIT “A” JOINING PARTY SIGNATURE BLOCKS ROBERT A. SWEETAPPLE, ESQ. SWEETAPPLE, BROEKER & VARKAS, PL By __________________ as its _________________. HUDSON GILL, ESQ. JEFFREY L. HOCHMAN, ESQ. JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. By __________________ as its _________________. GERALD F. RICHMAN, ESQ. ERIC M. SODHI, ESQ. RICHMAN GREER, P.A. By __________________ as its _________________. -8- Page 2 of 2-page COMPOSITE EXHIBIT “A” -9- Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, September 19, 2017 2:28 PM To:Robert Sweetapple; Trey Nazzaro Subject:FW: O'Boyle - draft settlement agreement Attachments:1SX6047-agreement settlement 08152017 redline.DOC Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: OConnor, Joanne M. Sent: Tuesday, September 19, 2017 2:28 PM To: William Ring <wring@oboylelawfirm.com>; William Ring <wring@commerce-group.com> Subject: O'Boyle - draft settlement agreement Bill – Please see attached. I am circling back on the issue of mediation and will get back to you. Thanks, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 1 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 2 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 30, 2015 11:00 AM To:Kelly Avery Subject:FW: Police Records Followup. Pls send him a link to your production to Renzie as a partial response/follow up – once you determine whether there are any additional emails we should do a final response Monday either producing or asserting active criminal investigation exemption. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, December 23, 2015 1:33 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: Police Records Followup. Hey Joanne, my apologies if you already got back to me Monday, had a bit of a whirlwind last week. I just wanted to confirm that I had all records emanating from the September 2015 incident. I don’t want to be any confusion, since I just saw a supplement, but I did ask for all records stemming from the September 22, 2015 incident (On October 28, 2015). Just to be sure, I am supplementing my request to reflect that I am seeking all records stemming from the Sep. 22 incident through the date of this request. Frankly, I think the best way to go about this is to just add to my request entitled (GS #1994) so it is all in one place. I think that would work best for everyone since I find no need to republish that which has already been available under that request number at the Town’s website – if that makes any sense. To that end, I wanted to confirm that there were no notes, digital files (including but not limited to police radio communications), or use of force reports. Just so we are clear, I am talking about documents, audio, video, media, notes – i.e. anything that fits the definition of a public record that was generated from that incident or received – including any notes or comments on the Sergio Witness fella’. I have his statement/affidavit, but I don’t have any police notes or emails with the witness. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. www.oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. 1 Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, December 11, 2015 5:45 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – The Town has produced at 15-1994 (response to your initial request) and, more recently, to Martin O’Boyle in response to PRR 15-2059, what it understands to be all records responsive to those public records requests relative to the 9/22/15 incident. I am not aware of any radio recordings or a use of force report but will inquire Monday and get back to you. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 2 Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 10, 2015 6:06 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 I was not aware, that is why I asked the first time, and again. Thank you in any event, but your assumption that I was asking just for the sake of asking is not well taken and appears to be a veiled attempt to create a record to make blowing me off seem immaterial. Hey, I support creating a record, but let’s not go down the road of making errant assumptions not based in evidence. Not Kosher. But in the future, please be mindful that asserting an exemption is not so simple. If an exemption is asserted, especially one dictated by a third party, I feel that the requestor should get as much information as possible to double check that exemption and challenge it if need be – who knows? I mean come on, “trust me” isn’t going to cut it with the Gulf Stream crowd, trust is earned with good faith and transparency. I am setting forth my expectations for a reason, I don’t ever want to be blown off again. Custodians have to act in good-faith when it comes to this stuff and despite the litigation (which already makes it difficult enough to request records ethically), the government still has affirmative duties to ensure that all responsive records are produced and that the requestor has all available information. Which I might add, should not be difficult for a small Town; we are not talking about New York City with tens of thousands of employees and information scattered everywhere. So I trust (even though I actually don’t) that the records produced were done so in good faith and that no outstanding records exist? I mean where is the use of force report and the radio recordings stored off-site at Delray? I want to ask before those records get destroyed without a disposition report like the last two time I sought records. Prove my suspicions to be unfounded, it is not difficult with such a small Town to ask around for this stuff, after all there are what …? Like 20 people max. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com 3 New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, December 07, 2015 5:20 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary; Records Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly, the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced now for everyone’s benefit. Regards, Joanne 4 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 03, 2015 4:07 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not a request for information, the request for information was related to the LEXIS report. And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so. This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information). Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved. So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off. Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As Ben Carson would say, “That’s just silly.” Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* 5 Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 02, 2015 11:06 AM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that you seek. 6 Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, November 24, 2015 4:16 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report? which attorney gave the order? and who is their supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills strongly suggest it was either yourself of Ms. Richman. I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested so I can stop thinking of new ways to ask for records that would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this is the easiest way to find this information. I thank you for your prompt response. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 7 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Jonathan O'Boyle Sent: Tuesday, November 10, 2015 5:56 PM To: 'OConnor, Joanne M.' Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 th Wednesday is fine. If you need more time – no problem. Frankly, take until the 20 if you need. I suspect I will not get around to following up until that weekend. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. 8 Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The 9 only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. 10 Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 11 IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney 12 Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . 13 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. 14 First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” 15 As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those 16 letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 17 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 18 Renee Basel From:scottmorgan75@gmail.com Sent:Tuesday, November 7, 2017 10:02 AM To:Joanne O'Connor; Robert Sweetapple; Jeff Hochman; Trey Nazzaro Subject:Fw: Proposed Settlement Agreement (redraft) from you - Gulfstream Attachments:Settlement Agreement.rtf From: Marty O'Boyle Sent: Monday, November 06, 2017 5:52 PM To: scottmorgan75@gmail.com Cc: Brenda Russell Subject: FW: Proposed Settlement Agreement (redraft) from you - Gulfstream Scott – I briefly reviewed your email. Initially, I see 3 fatal areas, that we need to overcome before going any further. 1.The lawyers at the firm, will not release the Town. The “Chris O’Hare” extortion statement and the Town’s refusal for a Non-Disparagement killed that; and the Town’s agreement as in my doc and now what you propose creates more distrust and they just won’t agree to it. 2.I offered a Release, if it works, cool. If not, we need to address the other issues, which my draft “snuffed”. 3.I don’t see CAFI as an issue. I spoke to Bill briefly and he thinks CAFI can be resolved without fuss. That’s where we start. Please consider the below, looking at the “Big Picture” . Let’s look at what it accomplishes:  It gets rid of the Records Litigation as aforesaid.  It gets rid of the “Insurance Issue”, which I (reluctantly) take on.  It provides for the withdrawal of all existing unfulfilled requests, which eliminates the possibility of future litigation in connection therewith.  It discourages future Records Requests. Please advise where you would like to go from here. 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 Deerfield Beach, Fl. 33442 1 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: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Monday, November 6, 2017 5:12 PM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Proposed Settlement Agreement (redraft) from you - Gulfstream Marty, Fortunately, I didn’t get called up so my one day of jury service is over. But the time there did give me a chance to review and prepare the SA for you to review. Attached is the SA. I took your comments and Joanne’s and matched them. Some of the clauses or paragraphs I thought were redundant so took those out and I cleaned up some of the language in the remaining paragraphs to cover the points being made. You will see my notes of explanation in Red beneath the important paragraphs. I am not hiding anything here. There is no tricky language or legal gymnastics. This SA is for you and your entities as well as your attorneys. It is for the Town and its employees and attorneys. I specifically avoid including joint parties or ancillary parties or adding more people for signatures. This is you and this is the Town. It is also your people and our people and your attorneys and our attorneys. Regarding attorneys, although the Town releases your attorneys, your attorneys don’t have to release the Town. Instead, if they take action in the future, then our release of them is void. But at the outset, they don’t need to get involved to sign a release of claims. We dismiss the cases and you withdraw the PRR’s. Then we add the rights you retain from the prior settlement, the criminal matter, and the Hidden Harbor issues. And that’s it. Regarding CAFI, Joanne told me that Bill is no longer a board member or officer. This is important. CAFI needs to be addressed so if you can put CAFI into this SA, and either you or Bill sign for it, then we need to do that. If you cannot do that, then our settlement needs to be conditioned on those three CAFI cases being voluntarily dismissed. They can’t be left hanging out there and I won’t take the agreement to the Commission without it being addressed. If you have another suggestion, I’m open to it but this is the best I could come up with. I think we are both on the same page Marty. Let me know if you agree. And let me know your thoughts on handling CAFI. Scott From: Marty O'Boyle Sent: Monday, November 06, 2017 2:32 PM 2 To: scottmorgan75@gmail.com Subject: RE: Proposed Settlement Agreement (redraft) from you - Gulfstream Scott – I know you will address when you can. PS: Don’t get on a 2 month trial!  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 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: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Monday, November 6, 2017 9:16 AM To: Marty O'Boyle <moboyle@commerce-group.com> Subject: Re: Proposed Settlement Agreement (redraft) from you - Gulfstream Marty— am at jury duty!! Not sure when I’ll be able to get you a copy. I’ll try tomorrow. Sent from my iPhone On Nov 6, 2017, at 6:43 AM, Marty O'Boyle <moboyle@commerce-group.com> wrote: Scott – I am working\\preparing for a major meeting today. I assuming you can get me the revised doc this am, I could likely get an hour of “quiet time” during the lunch break and maybe (just maybe) – assuming the comments shown on the markup (or annotated or enumerated) are minimal respond to you during the lunch break. No guarantee’s by way of timing given. All is still fresh in my mind regarding the content of my last draft, so it should be easy for me to respond; and do so quickly, despite being “on the move”. Time is not our friend for a host of reasons, including my schedule; and, with the passing of time, my memory. The issues should be non-existent (save – perhaps – some tweaking. Now is our chance. Let’s do it!  Of course, until formal docs are signed and approved by all, unfortunately, finality as to a final resolution will continue to escape us. I know you understand. 3 Thanks!  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 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 4 SETTLEMENT AGREEMENT 1. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, Martin E. O’Boyle, individually and also in his official capacity as an officer, partner, officer of a partner, and\\or member (as specifically designated on the signature pages) of Airline Highway, LLC; Asset Enhancement, Inc.; CG Acquisition Company, Inc.; Commerce GP, Inc.; Commerce Group, Inc.; Commerce Realty Group, Inc.; CRO Aviation, Inc.; Our Public Records, LLC; Stopdirtygovernment, LLC; Public Awareness Institute, Inc.; and Citizens for Open Government, LLC (collectively the “Entities”); including, without limitation, all Directors, Shareholders, Members, Officers, Partners and Agents including and all successors and assigns of all of the above parties and Entities (collectively “O’BOYLE”) fully and forever hereby irrevocably discharges and releases the TOWN OF GULF STREAM and its agents, servants, employees and attorneys (collectively “GULF STREAM”) from each and every action, cause of action, lawsuit, appeal, post-judgment proceeding, claim for attorney’s fees, claim for costs, claim for sanctions (whether requested or imposed), public records request, claim for any award, loss, damage, judgment, remedy, or relief whatsoever in law and in equity, including each and every claim arising under local law, state law, federal law, the Florida Constitution, and/or the United States Constitution (collectively “CLAIMS”), which CLAIMS O’BOYLE ever had, now has, or which any successor, heir, or assign can or may have against the TOWN OF GULF STREAM for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and O’BOYLE also hereby knowingly waives all such CLAIMS. The exceptions to the content of this paragraph are addressed in paragraph 97 below. Marty—I agree with you that we do not need to be having "joining parties". The SA is between you and your companies—and Gulf Stream and its employees. In addition, you release our attorneys and we release your attorneys with a separate proviso as more fully described in paragraph #3. You and your interests are collectively referred to as O'Boyle and the Town of Gulf Stream and its employees/attorneys are collectively referred to as Gulf Stream. 1. This 1st paragraph is your release. The 2nd and 3rd are out release. 2. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, O’BOYLE fully and forever hereby irrevocably discharges and releases each individual \[need to see who we agree to release – if we don’t release them – they don’t release us. Patsy Randolph will be specifically excluded from any release. Signatories must include Tew, Avery, Rita & Thrasher and individual Commissioners – any others?\] and each entity (individually a “Joining Party” and collectively the “Joining Parties”) that signs its signature block on Composite Exhibit “A” (excluding from the definition of Adjoining Parties are GULF STREAM and O’BOYLE) from all CLAIMS which O’BOYLE ever had, now has, or which any successor, heir, or assign can or may have against the Joining Parties for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and O’BOYLE also hereby knowingly waives all such CLAIMS. . The exceptions to the content of this paragraph are addressed in paragraph 9 below. 3. 4.2. For and in consideration of good and valuable consideration, the adequacy and -1- Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Indent: Left: 0.5", No bullets or numbering receipt of which are acknowledged, the TOWN OF GULF STREAM (including its representatives, successors and assigns) (“GULF STREAM”) fully and forever hereby irrevocably discharges and releases O’BOYLE and\\or any of the O’Boyle Requestors from all CLAIMS which GULF STREAM ever had, now has, or which any representative, successor or assign can or may have against O’BOYLE and\\or any of the O’Boyle Requestors (including their representatives, successors, heirs, and assigns) for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and GULF STREAM also 5. For and in consideration of good and valuable consideration, its adequacy and receipt of which are acknowledged, each Joining Party (including their heirs, successors and assigns) fully and forever hereby irrevocably discharges and releases O’BOYLE and the O’Boyle Requestors (including their representatives, successors, heirs, and assigns) from all CLAIMS which each Joining Party (including their representatives, successors, heirs, and assigns ever had, now has, or can or may have against O’BOYLE and\\or any of the O’Boyle Requestors for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the Joining Parties also hereby knowingly waives all such CLAIMS. 6. 3.5. For and in consideration of good and valuable consideration, the adequacy and receipt of which are acknowledged, GULF STREAM and each Joining Party (the “GS Parties”) fully and forever hereby irrevocably discharges and releases Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Esq.; and The O’Boyle Law Firm, P.C., Inc., and all present and past officers, attorneys, paralegals, employees, successors and assigns of The O’Boyle Law Firm, P.C., Inc. \[add the lawyers, paralegals that work (or worked for the OLF (or any of their people) and those parties involved in the representation of O’Boyle or the others in definition\] (collectively “O’Boyle Attorneys”) from all CLAIMS which the GS PartiesGULF STREAM ever had, now has, or which any successor or assign can or may have against the O’Boyle Attorneys, including, without limitation, any claims and other matters arising from their representation of O’BOYLE and\\or Christopher O’Hare (and his aliases and any other parties or entities or ficticious names used by Christopher O’Hare (“O’Hare”), for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the execution of this Settlement Agreement, and the TOWN OF GULF except that STREAM also hereby knowingly waives all such CLAIMS; , in the event that Jonathan O’Boyle, Esq.; Giovani Mesa, Esq.; Nicklaus Taylor, Esq.; Ryan Witmer, Esq.; William F. Ring, Esq.; or The O’Boyle Law Firm, P.C., Inc.the O’Boyle Attorneys, or any one of them,, seek in the capacity as a litigant, any form of judicial relief against GULF STREAM (each individually and collectively referred to as a “New Attorney Lawsuit”), then this paragraph 53 will not prevent, limit, reduce, or otherwise hinder GULF STREAM in its rights or in its ability to defend itself, to assert all defenses and defensive matters, or to seek awards of attorney’s fees, costs, sanctions, and other relief typically available to a defending party in any such New Attorney Lawsuit (the “Defenses”). GULF STREAM acknowledges the provisions of this Settlement Agreement shall not permit any claims, counter claims or other litigations or other actions to be brought or threatened by and of the GS Parties against any of the O’Boyle Attorney’s or O’Boyle) \[include affiliates, etc\] (individually and collectively the “O’Boyle Group”) -2- Formatted: Not Highlight Formatted: Indent: Left: 0.5", First line: 0" 7.4.Except for the right to assert the claims identified in paragraph 7 below, this Settlement Agreement, includes, but is not limited to, a mutual release, discharge, and waiver of each of the CLAIMS, facts, circumstances, and matters that were or which could have been raised in or addressed in any of the following mattersBy way of clarification and not limitation, the provisions of Paragraphs the provisions of the above paragraphs one through five of this Settlement Agreement, includes the following matters: Case No.14-CA-000834; Case No. 14-CA-001572; Case No. 14-2CA-02607; Case No. 14-CA-002728; Case No. 14-CA-003396; Case No. 14-003721; Case No. 14-CA-004474/Case No. 4D16-3634; Case No. 14-CA-005189; Case No. 4D 15-1762; Case No. 14-CA-005628; Case No. 14-CA-6112; Case No. 14-CA0006360; Case No 14-CA-007123; Case No. 14-CA-008076; Case No. 14-CC-008529; th Case No. 14-CA-010216; Case No. 14-CA-011940; Case No. 14-CC-014780 (17 Cir. County Court); Case No. 14-CC-015050; Case No. 16-CA-004546; Case No. 16-CA-005437/Case No. th 4D16-3386; Case No. 14-cv-80317/11 Cir. Case No. 15-13964; Case No. th 15-13964; Case No. 14-cv-81250-KAM; Case No. 14-cv-81248-DTKH/11 Cir. Case No. 15-10997; Case No. 15-CA-001498; Case No. 15-CA-001498; Case No. 15-CA-001737; Case No. 14-CA-011941, Case No. 15-cv-80182-KAM, Case No. 16-004546 and Case No. 17-CA-005226 (collectively “Litigated Matters”). Here we identify the litigated cases being settled but separately identify in paragraph 7 below the rights that you reserve. 5. By way of further clarification and not limitation, except for cases which have already concluded by virtue of the entry of an appropriate final order or judgment GULF STREAM and O’BOYLE will file stipulations for the dismissal with prejudice of the Litigated Matters in the appropriate court to secure a final order of dismissal of each case with each party to the Litigated Matters to bear its own attorney’s fees and costs, even if a party is otherwise entitled to seek attorney’s fees and costs from another under a fee or cost shifting provision. All sanctions claims made, ordered, or granted, including, without limitation, those made, ordered, or Formatted: Superscript granted pursuant to section 57.105, Florida Statutes, the inherent authority of any court, or any other law (whether statutory or common law) (“Sanctions”)shall be withdrawn and dismissed with prejudice; and to the extent that there is any Order or Judgement of any Court after the date of this Settlement Agreement issued, the applicable GS Partyall parties hereby waives payment of same.. Formatted: Superscript Here both parties agree to dismiss their cases. Formatted: Superscript 6. By way of further clarification and not limitation, this Settlement Agreement amounts to an immediate written withdrawal of each and every public records request issued as of the date of the execution of this Settlement Agreement to GULF STREAM by O’BOYLE, including, without limitation, each public records request issued through a relative, employee, associate, agent, or attorney but only to the extent that any such party was acting on behalf of O’Boyle (collectively “O’Boyle Requestors”). And you withdraw all your current PRR's. Each of the O’Boyle Requestors separately release, discharge, and waive all CLAIMS arising from, connected with, related to, or associated with each such public records request but only to the extent made by and of the O’Boyle Requestors. Formatted: Font color: Red -3- Formatted: Left, Indent: Left: 0.5" Formatted: Font color: Red Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Left, Indent: Left: 0.5" Formatted: Justified, Indent: Left: 0", First line: 0.5", Outline numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0" Formatted: Font color: Red Formatted: Font color: Red Formatted: Justified 7.The Settlement Agreement entered into by and between the TOWN OF GULF STREAM, Martin E. O’Boyle, Commerce Group, Inc., N984AC Caravan, LLC, and Airline Highway, LLC, on July 26, 2013, shall remain in full force and effect (the “2013 SA”). Claims that each and every party that is included in the definition of O’BOYLEoyle (including, without limitation, Martin E. O’Boyle) may have or wish to assert against GULF STREAM arising from, State of Florida v. Martin E. touching, related to or in connection with or associated with: (a) th O’Boyle , Case No. 2015MM012872Axxx (15 Judicial Circuit in and for Palm Beach County, Fla.)the following matters which occurred on September 22, 2015 \[insert from State Complaint\]; (b) the 2013 SA; and (c) any activities related to the development and\\or construction of improvements by the O’Boyle Group in Hidden Harbour Estates, Gulfstream, Fl., are hereby preserved and not released or waived by this Settlement Agreement. These are the rights you wanted to preserve as well as re-confirming the 2013 settlement terms. Formatted: Font: Italic 8. 10. Except for the right to assert the claims identified in paragraph 7 above, iIn connection with any claims and\\or litigations between the TOWN GULF STREAM and Formatted: Font: Italic O’BOYLE filed (or asserted) (“Subsequent ClaimsLitigation”) on or after the date of the execution of this Settlement Agreement, GULF STREAM, each of the Joining Parties and O’BOYLE hereby waive all rights to attorney’s fees and costs from the other party in any such Subsequent Claims, even if a state or federal statute or rule provides such a remedy. Nonetheless, each party hereby retains its respective rights to apply for and to secure court-awarded sanctions from any other, even if the sanction award is in the form of an award of attorney’s fees, costs, or both. This prevailing party fee and cost waiver provision is intended to eliminate the incentive to initiate litigation based upon the existence of fee-shifting and cost-shifting provisions. Here we agree to waive fees and costs in any future litigation but to preserve the Formatted: Font color: Red right of sanctions—this is designed to discourage future litigation, which hopefully will come true.Further, each party hereby waives and releases its respective rights to apply for and to secure court-awarded sanctions from all parties in connection with any in any such Subsequent Claims other, even if the sanction award is in the form of an award of attorney’s fees, costs, or both. Formatted: Justified, Indent: Left: 0.5", No bullets \[carve out atty fees only in connection with the enforcement of this SA, and the Carve Outs in #9 above.\] or numbering 119. In the event that any O’Boyle Requestors submits a public records request to the TOWN OF GULF STREAM (pursuant to “Chapter 119”), at any time after the day of the Formatted: Font color: Red execution of this Settlement Agreement, Martin E. O’Boyle hereby agrees to pay, at the time that the public records request is made, a facilitation fee of $250 to the Town Clerk of the TOWN OF GULF STREAM (“Facilitation Fee”). Failure to pay the Facilitation Fee will conclusively render Formatted: Left, Indent: Left: 0.5" such public records request withdrawn. In the event that there are no costs associated with responding to the applicable public records request or in the event that the costs associated with responding to the applicable public records request are less than the corresponding Facilitation Formatted: Justified -4- Formatted: Font color: Red Formatted: Justified, Indent: First line: 0.5" Formatted: Font color: Red Formatted: Font color: Red Formatted: Font color: Red Formatted: Font: 10 pt, Font color: Red Formatted: Font color: Red Fee, the Facilitation Fee (after reduction of the costs associated with responding to the request) will be refunded to Martin E. O’Boyle within ten (10) days of the Town’s determination of the costs (or absence thereof) associated with responding to the public records request. Otherwise, the conduct of the O’Boyle Requestors and GULF STREAM will be governed by Chapter 119 of the Florida Statutes (“Chapter 119”). Here I set the "start date" for the 10 day. . The following paragraphs were ones that both sides agreed on. I added the notice requirement for you to include Bill Ring. 102. GULF STREAM, the Joining Parties and O’BOYLE have read this Settlement Agreement with the assistance of counsel and understand its terms, obligations, operation, and Formatted: Font color: Red effect. GULF STREAM and O’BOYLE acknowledge that their entry into this Settlement shall not be deemed or considered to be any admission or acceptance of blame, liability, or responsibility. GULF STREAM and O’BOYLE have entered into this Settlement Agreement voluntarily and without having been threatened, coerced, or intimidated. No provision of this Settlement Agreement shall be construed presumptively against any party hereto. 131. GULF STREAM, each of the Joining Parties and O’BOYLE warrant to each other (a) that no sale, assignment, transfer, or other disposition of any of the CLAIMS which are being released and waived hereunder has occurred, (b) that each has the full right, power, legal capacity, and authority to enter into this Settlement Agreement and to consummate the transactions described herein, and (c) that this Settlement Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation in accordance with its terms. 142. In the event of a default of any obligation under this Settlement Agreement, the party declaring any such default shall provide the party allegedly in default with a notice explaining the default by email and by U.S. Mail (“Notice”). The failure to cure a default by the 10th day after such Notice was received by the party to whom it was sent shall constitute a breach of this Settlement Agreement by the defaulting party or parties . Such breach, however, shall not be construed as a breach between all parties, and any such breach shall be enforceable only against the defaulting party by the party providing the Notice. Notice to the TOWN OF GULF STREAM shall be made to the Town Clerk at the official address for of the Town of Gulf Stream, 100 Sea Road, Gulf Stream, FL 33483. Notice to O’BOYLE shall be made to Martin O’Boyle (with a copy to William F. Ring, Esq. at 1280 W. Newport Center Drive, Deerfield Beach, FL, 33442). Copies of Notices to the any or all of the Joining Parties shall be made to the address under the name of each Joining Party on the signature page of this Settlement Agreement by Certified mail (Return Receipt Requested) or by a recognized overnight delivery carrier. 153. This Settlement Agreement is deemed to have been made, executed, and delivered in the State of Florida and shall be construed in accordance with the laws of the State of Florida. Accordingly, GULF STREAM and O’BOYLE consent to the exclusive jurisdiction of the Circuit Court for the 15th Judicial Circuit for the State of Florida for all purposes related to this Settlement Agreement and forgo all other venues. 164. This Settlement Agreement shall be binding upon and inure to the benefit of the TOWN OF GULF STREAM, each of the Joining Parties,and O’BOYLE and each of their respective heirs, successors and assigns. No party may assign its rights or delegate its obligations -5- under this Settlement Agreement without the express prior written consent of the other affected party. , 15. This Settlement Agreement may be executed in counterparts, each of which shall be an original and all of which taken together shall constitute a single agreement, with the same effect as if the signatures thereto and hereto were upon the same instrument. Any facsimiles, photographs or photocopies of this Settlement Agreement shall be considered, for all purposes, as Formatted: No bullets or numbering if it were an executed original. 176. This Settlement Agreement contains the entire agreement of GULF STREAM, each of the Joining Parties, the O’Boyle Attorney’s (which the parties agree have no obligations under this Settlement Agreement) and O’BOYLE with respect to all matters covered and the transactions contemplated hereby; any prior writing or oral discussion shall be merged into this Settlement Agreement. 187. No modification or waiver of any provision of this Settlement Agreement shall be effective unless the same shall be in writing and signed by the TOWN OF GULF STREAM, each of the Joining Parties and Martin E. O’Boyle. \[add language that individual parties can make amendments or modifications to the SA, but that such would only be binding between those parties\] 198. If any term, covenant, or condition Settlement Agreement or the application thereof shall, to any extent, be invalid or unenforceable, the remaining terms, conditions, and covenants shall remain valid and enforceable. Each term, covenant, or condition shall be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the undersigned have executed this Settlement Agreement as ________, 2017. of -6- SETTLEMENT AGREEMENT SIGNATURE PAGE \[NEED ADDRESSES FOR EACH PARTY\] ___________________________ MARTIN E. O’BOYLE individually, \[separate line item for each entity so that MEO could sign in his official capacity\] Airline Highway, LLC Asset Enhancement, Inc. CG Acquisition Company, Inc. Commerce GP, Inc. Commerce Group, Inc. Commerce Realty Group, Inc. CRO Aviation, Inc. Our Public Records, LLC Stopdirtygovernment, LLC Public Awareness Institute, Inc. Airline Highway, LLC By __________________ as its _________________. Address: ________________________________ ________________________________ Asset Enhancement, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ CG Acquisition Company, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ Commerce GP, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ Commerce Group, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ -7- Commerce Realty Group, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ CRO Aviation, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ Our Public Records, LLC By __________________ as its _________________. Address: ________________________________ ________________________________ Stopdirtygovernment, LLC By __________________ as its _________________. Address: ________________________________ ________________________________ Public Awareness Institute, Inc. By __________________ as its _________________. Address: ________________________________ ________________________________ _______________________________ TOWN OF GULF STREAM By Scott Morgan as Town Mayor -8- COMPOSITE EXHIBIT “A” Formatted: Bottom: 0.81" JOINING PARTY SIGNATURE BLOCKS MAYOR SCOTT MORGAN THOMAS STANLEY JOAN ORTHWEIN PAUL LYONS DONNA WHITE RITA TAYLOR WILLIAM THRASHER EDWARD C. NAZZARO, ESQ. JOHN C. RANDOLPH, ESQ. JOANNE M. O’CONNOR, ESQ. JONES, FOSTER, JOHNSTON & STUBBS, P.A. By __________________ as its _________________. Page 1 of 2-page COMPOSITE EXHIBIT “A” -9- COMPOSITE EXHIBIT “A” JOINING PARTY SIGNATURE BLOCKS \[may need modification\] ROBERT A. SWEETAPPLE, ESQ. SWEETAPPLE, BROEKER & VARKAS, PL By __________________ as its _________________. HUDSON GILL, ESQ. JEFFREY L. HOCHMAN, ESQ. JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. By __________________ as its _________________. GERALD F. RICHMAN, ESQ. ERIC M. SODHI, ESQ. RICHMAN GREER, P.A. By __________________ as its _________________. Page 2 of 2-page COMPOSITE EXHIBIT “A” -10- Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 23, 2015 12:30 PM To:Kelly Avery Subject:FW: Records Request - JRO 7/14/15 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: OConnor, Joanne M. Sent: Monday, November 02, 2015 4:31 PM To: 'Jonathan O'Boyle' Cc: Maria Sciolto Alvarez; 'Kelly Avery'; Macfarlane, Mary (MMacfarlane@jonesfoster.com) Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. 1 - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. 2 Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 3 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. 4 While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 5 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. 6 Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 7 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:05 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, November 18, 2015 12:45 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 Cutting right to the chase: no disposition report either I am assuming? Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or 1 written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 17, 2015 4:55 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – With regard to #2 below, there are no responsive public records. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: OConnor, Joanne M. Sent: Tuesday, November 10, 2015 5:36 PM To: 'Jonathan O'Boyle' Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? 3 Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 4 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. 5 - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. 6 Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 7 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. 8 While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 9 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. 10 Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 11 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, October 13, 2015 2:00 PM To:Kelly Avery Subject:FW: Records Request - JRO 7/14/15 I will call you this afternoon about this. Thanks. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. 1 Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with 2 the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. 3 In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. 4 Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 5 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 23, 2015 12:29 PM To:Kelly Avery Subject:FW: Records Request - JRO 7/14/15 Attachments:FW: O'Boyle Fyi, below we gave him a link to the police department policies. Is that still on there? Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: OConnor, Joanne M. Sent: Tuesday, October 13, 2015 5:14 PM To: 'rsweetapple@sweetapplelaw.com'; 'scottmorgan75@gmail.com' Subject: FW: Records Request - JRO 7/14/15 Please see the attached email and advise if you forwarded it to anyone else at the Town of incidental to official Town business. From: OConnor, Joanne M. Sent: Tuesday, October 13, 2015 5:13 PM To: 'Jonathan O'Boyle' Cc: Maria Sciolto Alvarez; 'Kelly Avery' Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your request for public records of the Town of Gulf Stream, please allow this to constitute a partial response to your “penultimate” request and a complete and final response to your final request. As to your request regarding the incident on September 22, 2015, I have forwarded your response to Kelly Avery who will process it for the Town. As a partial response, I can advise you that the Town’s personnel and police department policies are available online at http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx and http://www2.gulf- stream.org/weblink/0/doc/27151/Page1.aspx . Please advise if you have any difficulties accessing them. Kelly will advise if there are any other policies that reflect the Town’s ADA or Federal Rehabilitation Act duties. 1 As to your final request, the Lexis report run on April 21, 2014 under your name, which I previously provided to you notwithstanding my position that it is not a public record of the Town of Gulf Stream, is the only such report on any defendant or its friend, family or affiliated entity in the RICO lawsuit. As I also advised you on June 26, 2015, that report was not forwarded to anyone at the Town of Gulf Stream. And while I am not required to answer your questions, I will tell you that the report was never sent to anyone outside of my firm other than to you. In response to your request for public records reflecting the authority to run that report, or direction from the Town, there are no responsive public records. Finally, the attached email sent on April 21, 2014 is the only public record communication (in fact, the only public record communication of which I am aware) that appears to specifically reference information in that report. If you want an estimate of the time and expense for me to review documents previously provided to you re your UPL file or publicly filed pleadings to determine if they might reference information gathered from the Lexis report, please advise and I will prepare and provide. I have forwarded your request #4 to Kelly Avery, who will respond to you directly. As to your third request, I believe I have provided you with everything but will aim to confirm that within the next week as you have indicated it is “low priority” at this time. As to your second request, I am unclear as to what records you seek. Specifically, to what ethical rules do you refer? I believe I already responded relative to Fla. Bar Rule 4-3.4. Thanks, Joanne From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. 2 O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. 3 As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. 4 In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. 5 Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 6 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:04 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, November 10, 2015 5:57 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 th Wednesday is fine. If you need more time – no problem. Frankly, take until the 20 if you need. I suspect I will not get around to following up until that weekend. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this 1 communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 2 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. 3 P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND 4 PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. 5 Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle 6 Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are 7 releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – 8 Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 9 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. 10 First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 11 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:04 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 Attachments:Florida Bar-Mendez.le.11-2-15.docx From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 1 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. 2 Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 3 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 4 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 5 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. 6 Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with 7 the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. 8 In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. 9 Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 10 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:04 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 17, 2015 4:55 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 Jonathan – With regard to #2 below, there are no responsive public records. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: OConnor, Joanne M. Sent: Tuesday, November 10, 2015 5:36 PM To: 'Jonathan O'Boyle' Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 1 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. 2 Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com 3 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. 4 Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. 5 My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 6 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have 7 been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 8 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne 9 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 10 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:04 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 Attachments:FlaBarExaminers.le.5-27-15.docx From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Thursday, October 22, 2015 6:38 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Maria Sciolto Alvarez <malvarez@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org> Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the only other public record of the Town of Gulf Stream responsive to your first request regarding communications with the Florida Board of Bar Examiners. We consider your request in #1, below, to be completely fulfilled. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” 1 Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” 2 As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those 3 letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 4 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 5 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:04 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 Attachments:image001.jpg; image002.jpg; image002.jpg; image002.jpg From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, November 6, 2015 6:39 PM To: Kelly Avery <kavery@gulf-stream.org> Subject: Fwd: Records Request - JRO 7/14/15 Sent from my iPhone Begin forwarded message: From: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Date: November 6, 2015 at 6:31:56 PM EST To: "OConnor, Joanne M." <JOConnor@jonesfoster.com>, Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Ken Drake <kendrake@dldlawyers.com>, Kelly Avery <kavery@gulf-stream.org>, "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. 1 Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 2 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. 3 - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf- stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. 4 Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1-SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Attorney 5 Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid- Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there 6 reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non-disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. 7 Please let me know if I am missing anything. Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. 8 Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances 9 to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 10 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, December 11, 2015 5:37 PM To:Kelly Avery Subject:FW: Records Request - JRO 7/14/15 On Monday, please ask Chief Ward if there are any radio recordings or use of force report vis the 9/22 incident. Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 10, 2015 6:06 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 I was not aware, that is why I asked the first time, and again. Thank you in any event, but your assumption that I was asking just for the sake of asking is not well taken and appears to be a veiled attempt to create a record to make blowing me off seem immaterial. Hey, I support creating a record, but let’s not go down the road of making errant assumptions not based in evidence. Not Kosher. But in the future, please be mindful that asserting an exemption is not so simple. If an exemption is asserted, especially one dictated by a third party, I feel that the requestor should get as much information as possible to double check that exemption and challenge it if need be – who knows? I mean come on, “trust me” isn’t going to cut it with the Gulf Stream crowd, trust is earned with good faith and transparency. I am setting forth my expectations for a reason, I don’t ever want to be blown off again. Custodians have to act in good-faith when it comes to this stuff and despite the litigation (which already makes it difficult enough to request records ethically), the government still has affirmative duties to ensure that all responsive records are produced and that the requestor has all available information. Which I might add, should not be difficult for a small Town; we are not talking about New York City with tens of thousands of employees and information scattered everywhere. 1 So I trust (even though I actually don’t) that the records produced were done so in good faith and that no outstanding records exist? I mean where is the use of force report and the radio recordings stored off-site at Delray? I want to ask before those records get destroyed without a disposition report like the last two time I sought records. Prove my suspicions to be unfounded, it is not difficult with such a small Town to ask around for this stuff, after all there are what …? Like 20 people max. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 2 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, December 07, 2015 5:20 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary; Records Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly, the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced now for everyone’s benefit. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 03, 2015 4:07 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not a request for information, the request for information was related to the LEXIS report. And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so. 3 This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information). Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved. So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off. Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As Ben Carson would say, “That’s just silly.” Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. 4 =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 02, 2015 11:06 AM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that you seek. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, November 24, 2015 4:16 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report? which attorney gave the order? and who is their supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills strongly suggest it was either yourself of Ms. Richman. I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested so I can stop thinking of new ways to ask for records that 5 would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this is the easiest way to find this information. I thank you for your prompt response. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Jonathan O'Boyle Sent: Tuesday, November 10, 2015 5:56 PM To: 'OConnor, Joanne M.' 6 Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 th Wednesday is fine. If you need more time – no problem. Frankly, take until the 20 if you need. I suspect I will not get around to following up until that weekend. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. 7 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google 8 Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. 9 Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. 10 - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all 11 responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne 12 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there 13 reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne 14 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. 15 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. 16 If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 17 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:05 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 3, 2015 4:07 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not a request for information, the request for information was related to the LEXIS report. And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so. This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information). Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved. So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off. Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As Ben Carson would say, “That’s just silly.” Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. 1 Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 02, 2015 11:06 AM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that you seek. Regards, Joanne 2 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, November 24, 2015 4:16 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report? which attorney gave the order? and who is their supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills strongly suggest it was either yourself of Ms. Richman. I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested so I can stop thinking of new ways to ask for records that would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this is the easiest way to find this information. I thank you for your prompt response. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com 3 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Jonathan O'Boyle Sent: Tuesday, November 10, 2015 5:56 PM To: 'OConnor, Joanne M.' Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 th Wednesday is fine. If you need more time – no problem. Frankly, take until the 20 if you need. I suspect I will not get around to following up until that weekend. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 4 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, November 10, 2015 5:36 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – I was out yesterday but am able to provide this partial response to your public records request: 1. Thanks for letting us know about the police manual. 2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have an answer to you in the next day or two. 3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created. 4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town until next Wednesday, that would be helpful. 5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request, I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it, is the attached electronic draft of the letter. 5 Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, November 06, 2015 6:32 PM To: OConnor, Joanne M.; Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to preach “knowing is half the battle.” Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement was not produced. Can I get that document? Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise. Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it – but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be. Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s, drafts, ect… surrounding that submission. To aid, I 6 want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me. If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production schedule, let me know. P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, 7 marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, November 02, 2015 4:31 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – - There is no disposition record that references your purported 2013 handwritten records request. - I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners. - Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR 1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days. - With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx. If there is something different that you seek, please advise. - The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application. Thanks, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com 8 Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Wednesday, October 28, 2015 12:04 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch. And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying. Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any other electronic document reflecting the same. This one should be super easy. Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney’s office. Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the result of any investigation than other details. My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever. Thank you kindly. . 9 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM To: Jonathan O'Boyle Cc: Maria Sciolto Alvarez; Kelly Avery Subject: RE: Records Request - JRO 7/14/15 Jonathan – In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the General Records Schedule GS1- SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests. The Town considers its response to this request to be complete. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Monday, October 12, 2015 1:02 PM To: OConnor, Joanne M. Cc: Maria Sciolto Alvarez Subject: RE: Records Request - JRO 7/14/15 Hey Joanne, I am writing to get back to you on the records request. First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.” Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would kindly ask that you let me know 10 that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town seek an advisory opinion from the Attorney General. I would consider this one a “low priority.” Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special “search” charge, please let me know the Town’s authority so I can reconsider. Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in 2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.” Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.” Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports, and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better. To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know. While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights and make efforts to stop any unlawful behavior. If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non- disclosure. Although I am going two-steps ahead here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate State/Federal judicial/executive branches. “High Priority.” As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think might be responsive but are not sure, let me know and we can work it out accordingly. 11 Thanks. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications with Board of Bar Examiners. As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm these are the records you seek. Please let me know if I am missing anything. Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills. Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications regarding the board of bar examiners to be inclusive in my UPL file request. 12 In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. Thanks. JRO. From: Jonathan O'Boyle Sent: Monday, August 31, 2015 8:43 PM To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Hey Joanne. In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case. Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts? Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez Cc: Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. 13 From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM To: Maria Sciolto Alvarez; OConnor, Joanne M. Subject: Records Request - JRO 7/14/15 Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive. First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not but I am not accepting service in any way, just seeking a copy of that order. Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance. I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what and why about the creation of the ordinance and its language. I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation. Additionally, if the Town needs to assess a special service charge, let me know in advance. If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind. If you have any question, about the records requests please shoot me an email. 14 Renee Basel From:Renee Basel Sent:Thursday, February 9, 2017 12:05 PM To:Gulfstream Temp 1 Subject:FW: Records Request - JRO 7/14/15 From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, December 11, 2015 5:45 PM To: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Cc: Ken Drake <kendrake@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>; Macfarlane, Mary <MMacfarlane@jonesfoster.com> Subject: RE: Records Request - JRO 7/14/15 Jonathan – The Town has produced at 15-1994 (response to your initial request) and, more recently, to Martin O’Boyle in response to PRR 15-2059, what it understands to be all records responsive to those public records requests relative to the 9/22/15 incident. I am not aware of any radio recordings or a use of force report but will inquire Monday and get back to you. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 10, 2015 6:06 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 I was not aware, that is why I asked the first time, and again. Thank you in any event, but your assumption that I was asking just for the sake of asking is not well taken and appears to be a veiled attempt to create a record to make blowing 1 me off seem immaterial. Hey, I support creating a record, but let’s not go down the road of making errant assumptions not based in evidence. Not Kosher. But in the future, please be mindful that asserting an exemption is not so simple. If an exemption is asserted, especially one dictated by a third party, I feel that the requestor should get as much information as possible to double check that exemption and challenge it if need be – who knows? I mean come on, “trust me” isn’t going to cut it with the Gulf Stream crowd, trust is earned with good faith and transparency. I am setting forth my expectations for a reason, I don’t ever want to be blown off again. Custodians have to act in good-faith when it comes to this stuff and despite the litigation (which already makes it difficult enough to request records ethically), the government still has affirmative duties to ensure that all responsive records are produced and that the requestor has all available information. Which I might add, should not be difficult for a small Town; we are not talking about New York City with tens of thousands of employees and information scattered everywhere. So I trust (even though I actually don’t) that the records produced were done so in good faith and that no outstanding records exist? I mean where is the use of force report and the radio recordings stored off-site at Delray? I want to ask before those records get destroyed without a disposition report like the last two time I sought records. Prove my suspicions to be unfounded, it is not difficult with such a small Town to ask around for this stuff, after all there are what …? Like 20 people max. Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this 2 communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Monday, December 07, 2015 5:20 PM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary; Records Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly, the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced now for everyone’s benefit. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 | www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Thursday, December 03, 2015 4:07 PM 3 To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not a request for information, the request for information was related to the LEXIS report. And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so. This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information). Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved. So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off. Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As Ben Carson would say, “That’s just silly.” Jonathan O’Boyle, Esq., LLM. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com 4 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein. =========================================================== NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 02, 2015 11:06 AM To: Jonathan O'Boyle Cc: Ken Drake; Kelly Avery; Macfarlane, Mary Subject: RE: Records Request - JRO 7/14/15 Jonathan – As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public re