HomeMy Public PortalAboutPRR 19-2727
Renee Basel
From:Marty O'Boyle <meo@commerce-group.com>
Sent:Friday, June 14, 2019 12:16 PM
To:Renee Basel
Subject:Record request pursuing to chapter 119 of the Florida statue
Please provide a copy of all writings of the Commissioners and the Town Manager made are created during the
Commission meeting on June 14, 2019 regarding the application of Martin O’Boyle
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
561-383-1221
Cell:
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
June 14, 2019
Martin E. O’Boyle [mail to: meo@commerce-group.com]
Re: GS #2727 (Copy of all writings)
Please provide a copy of all writings of the Commissioners and the Town Manager made are
created during the Commission meeting on June 14, 2019 regarding the application of Martin
O’Boyle
Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]:
The Town of Gulf Stream has received your public records request dated June 14, 2019. You
should be able to view your original request at the following link:
http://www2.gulf-stream.org/weblink/0/doc/158869/Page1.aspx
Please be advised that the records you seek are not public records. Records pertaining to voting,
including vote sheets, ballots, and ballot tally sheets “are clearly part of the deliberation process”
and, therefore, are not subject to public disclosure. Justice Coalition v. The First District Court of
Appeal Judicial Nominating Commission, 823 So. 2d 185, 192 (Fla. 1st DCA 2002). In addition,
personal notes of individual commission members made during the deliberation process are not
subject to disclosure because they are mere “precursors” of governmental records, and thus fall
outside the definition of “public record.” Id., citing Shevin v. Byron, Harless, Schaff er, Reid and
Associates Inc., 379 So. 2d 633 (Fla. 1980). See also AGO 10-55 (handwritten personal notes
taken by city manager to assist in remembering matters discussed during manager’s interviews of
city employees are not public records “if the notes have not been transcribed or shown to others
and were not intended to perpetuate, communicate, or formalize knowledge”); and Inf. Op. to
Trovato, June 2, 2009 (to the extent city commissioner has taken notes for his own personal use
and such notes are not intended to perpetuate, communicate, or formalize knowledge, personal
notes taken at a workshop or during a commission meeting would not be considered public
records).
As a courtesy the Town is waiving the $250.00 facilitation fee because there are no public
records responsive to your request. We consider this request closed.
Sincerely,
Reneé Rowan Basel
As requested by Rita Taylor
Town Clerk, Custodian of the Records