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Home My Public Portal AboutPRR 19-2735 Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 2, 2019 8:45 AM To:Rita Taylor; Renee Basel Cc:Michelle Melicia Subject:Records Request -- emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored 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. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. 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 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 5, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored 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. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 2, 2019. Thank you for your Facilitation Fee of $250.00 by check #50014 on July 2, 2019 for the public record request described above. The Town will apply this to the production of records in accordance with the 2018 Settlement Agreement. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/159047/Page1.aspx Your request is nearly identical to a request you made in April 2019, labeled by the Town as GS #2704 and which is currently the subject of a lawsuit you have filed against the Town. This request is different in one respect, in that it seeks all records that “emanate” from a specific incident. As stated on the record by the Town’s lawyer at the June 21, 2019 hearing before the Honorable Judge Scott Kerner, the word “emanate” is not sufficient for the Town to identify the records responsive to your request. In interpreting this request, the Town believes the records you are seeking are those responsive to GS # 2704 and those additional records that will be provided to you by July 10, 2019 in accordance with the anticipated Order resulting from the June 21, 2019 hearing before the Honorable Judge Scott Kerner, in which the Town will provide records that (1) mention or refer to Martin O’Boyle and (2) either mention or refer to the September 22, 2015, incident at Town Hall or to the subsequent criminal trial (State of Florida v. Martin E. O’Boyle, Case No: 2015MM012872AXX). If you seek additional records that are not within the scope of the records previously provided, or that will be provided in response to the anticipated Order by Honorable Judge Scott Kerner, please let us know and we will be happy to provide you with the records you seek. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 9, 2019 7:27 AM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Attachments:GS #2735 (emanate from the episode at the Gulf Stream Town hall)_intake.pdf Renee – I make reference to the request as recited in the attached. Having not heard from you, 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. 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: Marty O'Boyle Sent: Friday, July 5, 2019 3:36 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I am struggling to understand the content of your attached letter. Please let me know PROMPTLY if you are refusing to fulfill the request because of the word “emanate”? 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 1 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 5, 2019 3:23 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) 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:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 9, 2019 2:59 PM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Attachments:GS #2735 (emanate from the episode at the Gulf Stream Town hall)_intake.pdf Renee – to avoid any ambiguities, the following is inserted after the word response in the 5 day notice: “providing delivery of all of the responsive records (with the appropriate back up information for (e.g.: redactions, withheld records, etc.)); or denying the request.” 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: Marty O'Boyle Sent: Tuesday, July 9, 2019 7:27 AM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I make reference to the request as recited in the attached. Having not heard from you, 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. 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 1 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Marty O'Boyle Sent: Friday, July 5, 2019 3:36 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Cc: 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Renee – I am struggling to understand the content of your attached letter. Please let me know PROMPTLY if you are refusing to fulfill the request because of the word “emanate”? 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 5, 2019 3:23 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) 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 2 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 July 10, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored 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. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 2, 2019. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/159047/Page1.aspx In our July 5, 2019 letter, the Town noted that your request was nearly identical to a request you made in April 2019, labeled by the Town as GS #2704 and which is currently the subject of a lawsuit you have filed against the Town, pending before the Honorable Judge Scott Kerner. In your July 5, 2019 e-mail, you state: “I am struggling to understand the content of your attached letter. Please let me know promptly if you are refusing to fulfill the request because of the word ‘emanate’.” The Town is not refusing to fulfill your request, and directs you to our July 5, 2019 correspondence. Specifically, the Town noted that: If you seek additional records that are not within the scope of the records previously provided, or that will be provided in response to the anticipated Order by Honorable Judge Scott Kerner, please let us know and we will be happy to provide you with the records you seek. Please let us know what you do not understand in our letter of July 5, 2019. For your convenience, the Town is providing you with the records responsive to your previous request that is in litigation, GS # 2704, which can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx Please let us know if you seek any additional records that have not been previously provided by the Town. If the Town does not hear from you within 30 days, we will consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Wednesday, July 10, 2019 9:05 PM To:Renee Basel; Rita Taylor Cc:Greg Dunham; Michelle Melicia Subject:FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Attachments:GS #2735 (emanate from the episode at the Gulf Stream Town hall)_prod.pdf; FW GS #2735 (emanate from the episode at the Gulf Stream Town hall) Dear Ms. Basel-thank you for your email below and thank you for your letter of July 10, 2019 which accompanied that email. Please see the attached email. The content of that email "stands! As applies to the Towns "fussing" over what emanate means, your counsel should not have any problem understanding the meaning of the word, as it is a widely used term used by, likely, every Supreme Court in the United States. Further, in this regard, your counsel, Mr. Gil, is an exceedingly great lawyer emanating from a firm with multiple and even more multiple "outstanding" lawyers, one of which, you would think, would have used the word emanate in their life as a lawyer or who would know what it means. I query if Mr. Gil has polled all the other lawyers in his firm, including, other resources he has available, primarily Jones Foster, the Town's other firm. You might want to check in and see whether he did that. Look, I’m hoping that we (including the Town’s lawyers) are all looking to avoid a litigation.. Following, the Town knows what emanate means as well, since they have dealt with it on multiple times in the past. Ironically, it appears that they dealt with it, without litigation without fuss, knowing what it meant, until Mr. Gil came along. Interesting. Considering the above, Ms. Taylor this is where you come in. You are the custodian of record. You have an obligation to fill the request or to deny the request timely and in good faith. The request is simple. In closing, is the town going to fulfill the request or deny it. You are on notice. Please promptly advise. PS: Ms. Basel in the above letter, states that if we want additional records, other than in Judge Kerner's Order, we should state with they are. Responding to the above, I cannot put myself in a position where I could be held accountable by not telling the town all the places to look. That said, and without waiving any of our rights or modifying the request, let me suggest that the town provide the records as in the proposed order submitted by Jonathan O'Boyle. As another example, your counsel stated that the text messages which were attached to your response were gratuitous and not responsive. We believe that that (text) record and all others (including those on the multiple pages attached to the Complaint) which discuss the pending case which emanated from the September 22 event. Again, the request stands. 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 1 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: Wednesday, July 10, 2019 4:37 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) 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:Marty O'Boyle <meo@commerce-group.com> Sent:Monday, July 15, 2019 6:03 PM To:Renee Basel Cc:Michelle Melicia; Rita Taylor Subject:FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Attachments:GS #2735 (emanate from the episode at the Gulf Stream Town hall)_prod.pdf; FW GS #2735 (emanate from the episode at the Gulf Stream Town hall) Ms. Basel – tomorrow is the date when the records are due pursuant to the 5 day notice. Please let me know if the Town will be providing them. 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: Marty O'Boyle Sent: Wednesday, July 10, 2019 9:05 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Cc: Greg Dunham <GDunham@gulf-stream.org>; 'Michelle Melicia (mmelicia@commerce-group.com)' <mmelicia@commerce-group.com> Subject: FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Dear Ms. Basel-thank you for your email below and thank you for your letter of July 10, 2019 which accompanied that email. Please see the attached email. The content of that email "stands! As applies to the Towns "fussing" over what emanate means, your counsel should not have any problem understanding the meaning of the word, as it is a widely used term used by, likely, every Supreme Court in the United States. Further, in this regard, your counsel, Mr. Gil, is an exceedingly great lawyer emanating from a firm with multiple and even more multiple "outstanding" lawyers, one of which, you would think, would have used the word emanate in their life as a lawyer or who would know what it means. I query if Mr. Gil has polled all the other lawyers in his firm, including, other resources he has available, primarily Jones Foster, the Town's other firm. You might want to check in and see whether he did that. Look, I’m hoping that we (including the Town’s lawyers) are all looking to avoid a litigation.. 1 Following, the Town knows what emanate means as well, since they have dealt with it on multiple times in the past. Ironically, it appears that they dealt with it, without litigation without fuss, knowing what it meant, until Mr. Gil came along. Interesting. Considering the above, Ms. Taylor this is where you come in. You are the custodian of record. You have an obligation to fill the request or to deny the request timely and in good faith. The request is simple. In closing, is the town going to fulfill the request or deny it. You are on notice. Please promptly advise. PS: Ms. Basel in the above letter, states that if we want additional records, other than in Judge Kerner's Order, we should state with they are. Responding to the above, I cannot put myself in a position where I could be held accountable by not telling the town all the places to look. That said, and without waiving any of our rights or modifying the request, let me suggest that the town provide the records as in the proposed order submitted by Jonathan O'Boyle. As another example, your counsel stated that the text messages which were attached to your response were gratuitous and not responsive. We believe that that (text) record and all others (including those on the multiple pages attached to the Complaint) which discuss the pending case which emanated from the September 22 event. Again, the request stands. 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: Wednesday, July 10, 2019 4:37 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 2 100 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 July 16, 2019 Martin E. O’Boyle [meo@commerce-group.com] Re: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the episode at the Gulf Stream Town hall on September 22, 2015 involving Martin O’Boyle, which records shall include, without limitation, all E-Mails, phone records, messages, texts, letters, memos and other communications sent by, received by, stored 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. Lastly, if the Town needs any clarifications regarding this request, I urge you to alert me promptly, as time is of the essence. Dear Martin E. O’Boyle [meo@commerce-group.com]: The Town of Gulf Stream has received your public records request dated July 2, 2019. You should be able to view your original request at the following link: http://www2.gulf-stream.org/weblink/0/doc/159047/Page1.aspx In addition to the records provided to you in response to GS #2704, the Town directs you to the supplemental records provided to your attorney, Jonathan O’Boyle, which can be found at the link above. We consider this request closed. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2015MM012872AXX STATE OF FLORIDA, vs. MARTIN E. O'BOYLE, Defendant. ________________________________________/ DEPOSITION OF LIEUTENANT EDWARD ALLEN MAY 2, 2016 3:33 P.M. - 3:53 P.M. 205 N. DIXIE HIGHWAY WEST PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 2 (Pages 2 to 5) Page 2 1 APPEARANCES: 2 3 4 On behalf of the State 5 NICOLE BLOOM, ESQUIRE 6 MELISSA STEINBERG, ESQUIRE 7 Office of the State Attorney 8 401 North Dixie Highway 9 West Palm Beach, FL 33401 10 11 12 On behalf of the Defendant 13 MICHAEL SALNICK, ESQUIRE 14 Law Offices of Salnick, Fuchs & Bertisch, P.A. 15 1645 Palm Beach Lakes Blvd. 16 Suite 1000 17 West Palm Beach, FL 33401 18 19 20 ALSO PRESENT: 21 FRANK RANZIE, INVESTIGATOR 22 23 24 25 Page 3 1 I N D E X 2 - - - 3 WITNESS: DIRECT CROSS REDIRECT RECROSS 4 5 LIEUTENANT EDWARD ALLEN 6 BY MR. SALNICK 4 7 BY MS. STEINBERG n/a 8 BY MS. BLOOM n/a 9 - - - 10 E X H I B I T S 11 - - - 12 NUMBER DESCRIPTION PAGE 13 n/a 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 1 P R O C E E D I N G S 2 - - - 3 Deposition taken before LOUANNE RAWLS, Digital Reporter and 4 Notary Public in and for the State of Florida at Large, in the 5 above cause. 6 - - - 7 Thereupon, 8 LIEUTENANT EDWARD ALLEN 9 Having been first duly sworn or affirmed, was examined and 10 testified as follows: 11 THE WITNESS: I do. 12 DIRECT EXAMINATION 13 BY MR. SALNICK: 14 Q. Can you state your full name, please? 15 A. Edward Kenneth Allen, Jr. 16 Q. And you're with the Gulf Stream Police Department; 17 correct? 18 A. Yes. 19 Q. And you've been with Gulf Stream, sir, for how long? 20 A. For 20 -- almost 28 years. 21 Q. Okay. You're not a retired New York Police Officer? 22 A. No. 23 Q. You have been -- that's been your career, with Gulf 24 Stream; is that correct? 25 A. Actually, I originally started with the City of Boynton Page 5 1 Beach. 2 Q. Okay. All right. You don't know Mr. Ranzie; do you? 3 A. No, that was before my time. I've been gone for, 4 obviously, 27 years. 5 Q. Let me cut to the chase. You didn't write any reports 6 in this case; did you? 7 A. I did write a supplement, yes. 8 Q. You did. Wait a second. 9 MR. RANZIE: It's got to be in the discovery packet; 10 it's got to be. It's got to be here. 11 MR. SALNICK: I've got one from everybody but not 12 Lieutenant Allen. 13 MR. RANZIE: This is the discovery package. Let's see 14 which ones we've got here. 15 MR. SALNICK: The secretary missed it when she printed 16 them out. 17 MR. RANZIE: Hang on. 18 BY MR. SALNICK: 19 Q. Well, it doesn't -- I mean, we'll keep going. I'm sure 20 I'll see it. I don't have it here. Let me ask you what was your 21 involvement in this case? 22 A. What's my involvement? I have a copy of the report if 23 you'd -- 24 Q. Oh, that would be great. 25 A. I might need to refer to it. 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 3 (Pages 6 to 9) Page 6 1 Q. That's okay. I might even take a picture of it if the 2 State is okay with that. 3 MS. STEINBERG: That's fine. 4 MS. BLOOM: Fine. Do you want to take a picture of it? 5 THE WITNESS: There's scribbles and notes on the bottom 6 there. You don't have a copy in your -- 7 MR. SALNICK: Okay. I'll make a copy when we're done. 8 MS. BLOOM: I have multiple supplementals but -- 9 THE WITNESS: I think the Sergeant might have a copy 10 with him. 11 BY MR. SALNICK: 12 Q. Okay. How did you become involved in this? 13 A. How did I become involved? Well, it depends on what you 14 consider involved. It was a Tuesday night meeting, budget 15 meeting, at the Town Hall. 16 Q. Okay. 17 A. I was there present along with Chief was there, he's 18 there at every meeting. 19 Q. Uh-huh. 20 A. And Sergeant Passeggiata was there also. I was 21 primarily that night running the video camera for the meeting. 22 Q. Okay. And you -- I'm just looking to make sure I don't 23 have it here. You were the video guy that night? 24 A. That night. 25 Q. Okay. And were you there for the entire meeting inside Page 7 1 the chambers? 2 A. Not in the chambers. I was in the building but not in 3 the chambers. 4 Q. You turned the camera on? 5 A. I turned the camera on and the location of the camera 6 was like around the doorway from the break room. And 7 occasionally I would check the camera to make sure it was still 8 operating correctly. 9 Q. Okay. And it videos the entire meeting? 10 A. Yes. 11 Q. Okay. And did you watch any of the meeting that night? 12 A. Maybe just a glimpse here or there. 13 Q. Okay. 14 A. Nothing really -- nothing that I was focused on. 15 Q. Do you remember the specific purpose of that meeting 16 versus some others? 17 A. It was a budget meeting. 18 Q. Okay. And you know who Mr. O'Boyle is; do you not? 19 A. Yes. 20 Q. Okay. You've been with the City long enough that I'm 21 sure you're familiar with some of the things that have gone on 22 between Mr. O'Boyle and the City in terms of litigation? 23 A. Not details. I know there has been but I don't know the 24 details of it. 25 Q. Okay. Now were you aware that in the lobby that night Page 8 1 was some literature and materials about Mr. O'Boyle and some of 2 the names and things he uses when he files lawsuits? Are you 3 aware of, you know, the stuff that was depicted? 4 A. Yes, the poster boards that were -- 5 Q. Yeah. 6 A. Yes. 7 Q. Do you know what the purpose of the poster boards were 8 that night; why they were there? 9 A. I cannot answer 100 percent as to why. I believe they 10 were there to show the public the different names that had been 11 being used by Mr. O'Boyle for -- 12 Q. In the public record lawsuits? 13 A. -- record lawsuits as well as in the -- I guess it 14 would be all lawsuits, basically. Yeah. 15 Q. Okay. And there is also a gentleman named Christopher 16 O'Hare and he was also the subject of some things on the posters 17 as well, is that correct? 18 A. I do believe so, yes. 19 Q. Okay. Now there were also posters that were on the 20 floor and some literature that was on the table. Did you see 21 that as well? 22 A. When you say floor, I believe they were -- 23 Q. Like leaning up against a table. 24 A. -- leaning against the wall. 25 Q. Yeah, that's what I mean. Page 9 1 A. That way; right. 2 Q. Okay. 3 A. And there was some literature on the table. 4 Q. Similar materials about Mr. O'Boyle? 5 A. I -- I believe so. I didn't really personally read it. 6 Q. Okay. Do you remember anything about Mr. O'Boyle during 7 the meeting as opposed to later on? 8 A. I believe there was once or twice that he became a 9 little boisterous, not exactly agreeing with what was being 10 talked about. 11 Q. Okay. Are you able to tell me the specifics of that, 12 though? 13 A. No. 14 Q. Okay. Do you remember if during the course of that 15 meeting he might have been accused by the mayor of fraud? Does 16 that ring a bell to you in any way? 17 A. No. 18 Q. Okay. You weren't really paying attention to the 19 meeting? 20 A. Not really, no, unless it got loud or something then 21 I'd have to, obviously. 22 Q. And where was the Sergeant? If you were in one place do 23 you know where the Sergeant was? 24 A. I believe -- actually, I really can't answer for him. 25 But I believe he was in the -- more in the lobby area. 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 4 (Pages 10 to 13) Page 10 1 Q. Okay. And what about the Chief? 2 A. The Chief is actually seated in the meeting at the 3 table with him and the clerk. 4 Q. Okay. So he stays for the whole meeting pretty much; 5 the Chief? 6 A. Generally, yes. 7 Q. Okay. Now at some point the meeting is over. Do you 8 remember turning off the camera or doing anything like that? 9 A. Yes. 10 Q. Okay. And then what happens? 11 A. Okay. 12 MS. BLOOM: May I look at it? 13 THE WITNESS: Sure. Absolutely. 14 MS. BLOOM: Sorry. 15 THE WITNESS: I was in the break room. 16 BY MR. SALNICK: 17 Q. That's the room to the side there? 18 A. To the side, yeah. We call it the break room. It also 19 has a door that goes into the dais from there. 20 Q. Uh-huh. 21 A. Okay? And that's where the camera was sitting, just 22 inside that door to the dais. And I was -- I remember taking the 23 camera down, like I always do, and break it down. I have to 24 prepare it to bring to the assistant clerk to be put online. 25 Q. Uh-huh. Page 11 1 A. And I was in the room and I was -- I don't recall 2 exactly how I was alerted, but I heard a commotion in the lobby 3 area of the room. And prior to that time I was in the break 4 room. I was in the lobby. There were a lot of people in the 5 lobby. 6 Q. Uh-huh. 7 A. A lot of commotion. Just people leaving the meeting and 8 people talking and being loud. You really couldn't hear what 9 exactly was being said or anything. 10 Q. Okay. 11 A. I wasn't really focused on that. 12 Q. How many people would you say were at the meeting? 13 A. At the meeting? I hate to put a number on it. I know 14 all the seats were full. 15 Q. Okay. 16 A. So I don't recall how many seats are there. 17 Q. So the meeting is over. People are leaving. You're 18 hearing people talk as they're leaving. It's sort of you hear 19 the undertones of people having conversations as they're 20 leaving? 21 A. Correct. 22 Q. You're in the break room. How do you get alerted? 23 A. I don't -- I don't know exactly but I believe it was 24 the Town Manager that made mention that there was some kind of 25 disturbance in the lobby and I should go out. Page 12 1 Q. Okay. Where was the Town Manager when he told you that? 2 Was he still in the chamber room? 3 A. I don't recall exactly which side of me he was on, 4 whether he was on the chamber side or on the lobby side. 5 Q. Okay. And where do you go when you're alerted? 6 A. I stepped out into the lobby area. 7 Q. Okay. And what do you observe? 8 A. At that time I observed Sergeant Passeggiata and 9 observed Mr. O'Boyle. And I observed the Sergeant, basically, 10 leading him by the arm towards the exit of the building. 11 Q. Did the Sergeant have his hand on Mr. O'Boyle? 12 A. He has like hand, not gripped on him, but in a simple 13 like helping type manner; escort manner. 14 Q. Okay. Now had you seen anything that happened prior to 15 this? 16 A. No. 17 Q. Okay. You don't know anything about what may have 18 happened with the board or -- 19 A. No. 20 Q. -- or anything that Mr. O'Boyle may have said or 21 attempted to do; is that correct? You don't know anything about 22 that other than what you were told? 23 A. Other than what I read and I've been told by -- 24 Q. Okay. 25 A. -- other people, no. Page 13 1 Q. But you didn't see -- 2 A. Hearsay but not -- 3 Q. Right. 4 A. I didn't witness. 5 Q. You didn't see him with a marker? You didn't hear him 6 use profanity towards -- 7 A. I didn't witness. 8 Q. -- the officers? 9 A. Correct. I didn't witness that. 10 Q. Okay. Did you ever hear him use the "F" word at all 11 towards any of the officers by the time you got there? 12 A. That night; no. 13 Q. Okay. All right. So you see him and Sergeant -- I 14 always say his last name wrong. The Sergeant was escorting him 15 towards the door or were they out the door already? 16 A. He was escorting him towards the door. 17 Q. Now did Mr. O'Boyle have a walker? 18 A. Yes. 19 Q. Okay. Did you notice the walker when he was being 20 escorted out the door? 21 A. I didn't notice it -- 22 Q. Okay. 23 A. -- and focus on that. 24 Q. Was the walker near him at all? Was it by him or you 25 couldn't say? 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 5 (Pages 14 to 17) Page 14 1 A. I don't recall. I can't say. 2 Q. Okay. Did you know that Mr. O'Boyle had a walker, 3 though, from earlier in the evening? 4 A. Oh, yes. I did see him come in with his walker, yes. 5 Q. Okay. Had you seen him with his walker before? 6 A. Yes. 7 Q. Okay. So what happens as he's escorting him to the 8 door? 9 A. While escorting him to the door, I mean, this is all 10 within a matter of a couple of feet, I guess. 11 Q. Okay. 12 A. I saw Mr. O'Boyle kind of pull away from him. And as he 13 pulled away from him he kind of raised his arm, I believe it 14 would have been his left arm, and I saw him like slowly go down 15 to his knees into a kneeling position. 16 Q. Okay. Do you know if he went down to his knees because 17 he was in pain or something hurt him in any way? Do you have any 18 idea? 19 A. It didn't -- it didn't appear that way but I -- 20 Q. You can't say for sure; can you? 21 A. No. 22 Q. What was your distance from Mr. O'Boyle when you saw 23 this? 24 A. Approximately 14 or 15 feet. 25 Q. Okay. So you were a decent distance away? Page 15 1 A. Yeah. 2 Q. Okay. And you didn't hear any conversation between the 3 Sergeant and Mr. O'Boyle or the Mr. O'Boyle and the Chief; 4 correct? 5 A. No. 6 Q. You never saw Mr. O'Boyle bow up his chest or anything 7 like that, as is written in the reports? 8 A. No, I didn't see that. 9 Q. Okay. When Mr. O'Boyle goes down to the ground what do 10 you do? 11 A. What do I do? Well, I was standing there and I 12 observed. I was going to go over there to them and the Chief and 13 Sergeant Passeggiata attempted to raise him to his feet. 14 Q. Uh-huh. 15 A. And it appeared as though, you know, he resisted that, 16 being raised up, and wanted to stay there. So at that point 17 there was no need. There was quite a few people there, even 18 between me and them. 19 Q. So you didn't have to participate? 20 A. No, I didn't have to. 21 Q. Okay. I know I asked you this. When you say that it 22 appeared that he was resisting, okay, was he -- was he saying 23 anything to the officers then? Was he flailing his arms or 24 anything, or was he just on the ground -- were his knees just on 25 the ground and not moving? Page 16 1 A. I'd say he was on the ground and just not moving. 2 Q. Kind of like dead weight? 3 A. Basically, yes. 4 Q. Okay. All right. And at that point you don't know if 5 the officers had told him we're going to arrest you or anything 6 like that; do you? 7 A. No, there's so much noise and commotion in there you 8 couldn't hear. 9 Q. Now when you say noise and commotion, you're talking 10 about just the natural noise and commotion of the room? 11 A. Of the room and, you know, the people exiting and 12 talking. 13 Q. Okay. 14 A. I couldn't hear what was being said between the officer 15 and him. 16 Q. Okay. All right. Let me just ask you a couple of 17 questions about some policy stuff. When someone is escorted like 18 that and they end up on the ground, no matter what the reason 19 is, is an officer required to do a use of control report? 20 A. No. 21 Q. No? How is that? 22 A. We include that -- those details would be included in 23 our regular report if there's any use of force. 24 Q. Okay. If there is a complaint of an injury or an 25 ambulance is called is there a requirement for an officer to do Page 17 1 a particular report? 2 A. It would be noted. If there's already a report it would 3 be part of the same report. If it's a separate medical type of 4 an incident or injury incident not involving a police report 5 already generated, then there would be a report as far as, you 6 know -- 7 Q. Okay. All right. Were you present when the Delray Fire 8 Rescue came? 9 A. Yes. 10 Q. And did you have any contact with any of the Fire 11 Rescue people? 12 A. No. 13 Q. Okay. Do you know if the Sergeant did or the Chief did? 14 A. I can't answer. I don't -- 15 Q. Okay. 16 A. I don't know if they did or not. 17 Q. All right. Once you realized that -- you know, you're 18 14 feet away and you're watching what's going on but the 19 officers seem to have it handled, what did you do? 20 A. I was basically directing everybody they had to go out 21 the front door because a lot of people were trying to get around 22 doing that was not really possible or feasible to do. 23 Q. Okay. 24 A. So I was directing everybody to, you know, they had to 25 go out the front door and walk around the building to the 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 6 (Pages 18 to 21) Page 18 1 parking lot. 2 Q. So you really didn't have a whole lot to do with Mr. 3 O'Boyle or the other two officers; did you? 4 A. No. 5 Q. Okay. All right. Can I just see your report again? 6 A. Sure. 7 Q. When you say here that you saw Sergeant Passeggiata 8 attempting to escort Mr. O'Boyle out of the building, you're 9 talking about the doorway or actually outside? 10 A. Can you rephrase that? 11 Q. Sure. I'm just reading here. "It says upon entering the 12 lobby I then observed Sergeant Passeggiata attempting to escort 13 Mr. O'Boyle by the arm out of the building." Are we talking 14 about outside or out of the chamber? 15 A. This would have been out. When I refer to building, 16 this would have been the lobby area of the building he was 17 escorting him. 18 Q. So that's where he was trying to take him? 19 A. He was in the lobby and he was escorting him to the 20 back door. 21 Q. Okay. All right. 22 A. Which would have been a matter of -- from my view and 23 where I first became involved, it would have been a matter of 24 probably maybe three or four feet from the doorway is all they 25 were. Page 19 1 Q. Okay. It wasn't a situation where you had to run over 2 and assist? 3 A. No. 4 Q. Okay. If it was that type of situation where there was 5 something that was urgent like that you would have gone right 6 over? 7 A. Absolutely. 8 Q. Okay. All right. Now when you say -- can you describe 9 how Mr. O'Boyle dropped to his knees? 10 A. Can I describe how? 11 Q. Yeah. Can you describe what you saw? 12 A. I observed him almost -- the best way I can describe it 13 would be it's like a slow motion someone going to your knees. 14 Q. Okay. 15 A. Not a fall. You know, not a fast jerking movement but a 16 smooth steady like lowering. 17 Q. But without speaking to him and hearing what he had to 18 say you don't know if he was complaining about anything in terms 19 of -- 20 A. No. No. 21 Q. -- anything hurting him or anything like that? 22 A. No. If he was I was too far away to hear what he was 23 saying. 24 Q. Okay. All right. Now when you say that when the Chief 25 and Sergeant Passeggiata attempted to assist Mr. O'Boyle to his Page 20 1 feet he refused, that's when he was like the dead weight like 2 you described? 3 A. Yes. 4 Q. Just not moving? 5 A. Yes. 6 Q. Okay. Now I know you have here, "Mr. O'Boyle then 7 requested an ambulance." Did you hear him request one or is that 8 something you were told? 9 A. I was told and then I, at one point, heard it mentioned 10 from someone. Either it was him or his -- there's another 11 gentleman that was with him that night, who was right behind 12 him, and I don't recall exactly which one actually said that. 13 Q. Okay. And when he's transported by Delray Fire Rescue 14 to the hospital that's the end of your -- I mean, you're pretty 15 much out of it at this point; is that correct? 16 A. Oh, yes. 17 Q. Okay. 18 A. Of that incident, yeah. 19 Q. Now I know it says report date and time 10/19/2015 at 20 4:45. In other words you wrote this report a couple of weeks 21 after? 22 A. Yes. 23 Q. Okay. Were you asked to document what you observed? 24 A. Actually, what happened was is when I left this meeting 25 that night I was leaving for a vacation. Page 21 1 Q. Okay. 2 A. So I didn't write the report until I -- 3 Q. Until you came back? 4 A. -- came back to work. 5 Q. Okay. All right. Did you happen to notice where the 6 Town Manager was while this was going on? 7 A. No, I didn't. 8 Q. Okay. You don't know if he was inside, outside? 9 A. No, couldn't tell you. 10 Q. Now how loud was the incident considering what you said 11 with all the people exiting? 12 A. How loud? 13 Q. Yeah. Can you say -- 14 A. I don't know how to compare that, you know. 15 Q. In other words, it wasn't the sound that drew your 16 attention to the incident; was it? 17 A. No. 18 Q. Okay. 19 A. No. 20 Q. It was Mr. O'Boyle on the ground that drew your 21 attention and -- the officer escorting him and then Mr. O'Boyle 22 on the ground? 23 A. Somebody, and I can't say positive, but I believe it 24 was the Town Manager who alerted me to there being a disturbance 25 in the lobby. 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 7 (Pages 22 to 25) Page 22 1 Q. Okay. 2 A. And did the Town Manager -- 3 Q. That's what drew my attention. 4 A. Did the Town Manager actually see the whole thing to 5 your knowledge? 6 Q. I really don't know. 7 A. Has he shared with you whether he's seen the whole 8 thing? 9 Q. No, I haven't spoke to him about that. 10 MR. SALNICK: I don't think I have anything else. 11 MS. STEINBERG: No, nothing. 12 MR. SALNICK: Do you guys mind if I take a picture of 13 this so I have it so you don't have to give it to me? 14 MS. STEINBERG: That's fine. 15 MS. BLOOM: That's fine. I'm going to order it anyway. 16 I'll supplement it regardless. But you can. 17 THE WITNESS: I will ask the Sergeant if he has a copy 18 that's not scribbled on. 19 MR. SALNICK: Okay. 20 THE WITNESS: I'll just take a picture so I can read it 21 later. That's all. 22 COURT REPORTER: Read or waive? 23 MS. STEINBERG: You have the ability to read or waive 24 your -- 25 THE WITNESS: Read. Page 23 1 MR. SALNICK: Thank you, Lieutenant Allen. 2 (DEPOSITION CONCLUDED) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 1 CERTIFICATE OF OATH 2 3 4 THE STATE OF FLORIDA 5 COUNTY OF PALM BEACH 6 7 8 I, THE UNDERSIGNED AUTHORITY, CERTIFY THAT LIEUTENANT 9 EDWARD ALLEN PERSONALLY APPEARED BEFORE ME AND WAS DULY SWORN ON 10 THE 2ND DAY OF MAY, 2016. 11 12 DATED THIS 18th DAY OF MAY, 2016. 13 14 ______________________________ 15 LOUANNE RAWLS 16 NOTARY PUBLIC, STATE OF FLORIDA 17 MY COMMISSION EXPIRES: 1/25/19 18 COMMISSION NO.: FF165101 19 20 21 22 23 24 25 Page 25 1 C E R T I F I C A T E 2 I, LOUANNE RAWLS, Notary Public in and for the State of 3 Florida at Large, do hereby certify that I was authorized to and did digitally report said deposition and that the foregoing 4 pages are a true and correct transcription of my notes of said deposition. 5 6 I further certify that said deposition was taken at the time and place herein above set forth and that the taking of 7 said deposition was commenced and completed as herein above set 8 out. 9 10 11 I further certify that I am not an attorney or counsel 12 of any of the parties, nor am I a relative or employee of any 13 attorney or counsel of party connected with the action, nor am I 14 financially interested in this action. 15 16 17 The foregoing certification of this transcript does not 18 apply to any reproduction of the same by any means unless under 19 the direct control and/or direction of the certifying reporter. 20 21 22 Dated this 18th day of May, 2016. 23 24 ______________________________________ 25 LOUANNE RAWLS 73c04e87-e8cc-46e0-b363-cbc02d14bb33 Prose Court Reporting Agency, LLC 561-832-7500 8 (Pages 26 to 28) Page 26 1 May 18, 2016 2 Lieutenant Edward Allen 3 c/o Gulf Stream Police Department 246 Sea Road 4 Delray Beach, FL 33483 5 IN RE: STATE VS. O'BOYLE 6 7 Dear Lieutenant Allen: 8 Please take notice that on 2nd day of May, 2016, you gave your 9 deposition in the above-referred matter. At that time, you did not waive signature. It is now necessary that you sign your 10 deposition. 11 Please call our office 561-832-7500 to schedule an appointment 12 between the hours of 10 a.m. and 4:30 p.m., Monday through Friday. If you do not read and sign the deposition within a 13 reasonable time (i.e., 30 days unless otherwise directed) the 14 original, which has already been forwarded to the ordering 15 attorney, may be filed with the Clerk of the Court. If you wish 16 to waive your signature, sign your name in the blank at the 17 bottom of this letter and return it to us. 18 19 20 Very truly yours, I do hereby waive my signature 21 22 __________________ ________________________ 23 Louanne Rawls Lieutenant Edward Allen 24 Prose Court Reporting Agency 25 Page 27 1 C E R T I F I C A T E 2 - - - 3 4 THE STATE OF FLORIDA 5 COUNTY OF PALM BEACH 6 7 I hereby certify that I have read the foregoing deposition by me 8 given, and that the statements contained herein are true and 9 correct to the best of my knowledge and belief, with the 10 exception of any corrections or notations made on the errata 11 sheet, if one was executed. 12 13 Dated this ____ day of __________________, 2016. 14 15 _____________________________ 16 LIEUTENANT EDWARD ALLEN 17 18 19 20 21 22 23 24 25 Page 28 1 E R R A T A S H E E T 2 IN RE: STATE VS. O'BOYLE 3 CR: LOUANNE RAWLS DEPOSITION OF: LIEUTENANT EDWARD ALLEN 4 TAKEN: MAY 2, 2016 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 5 PAGE # LINE # CHANGE REASON 6 ____________________________________________________ ____________________________________________________ 7 ____________________________________________________ ____________________________________________________ 8 ____________________________________________________ ____________________________________________________ 9 ____________________________________________________ ____________________________________________________ 10 ____________________________________________________ ____________________________________________________ 11 ____________________________________________________ 12 ____________________________________________________ 13 ____________________________________________________ 14 ____________________________________________________ 15 16 17 Please forward the original signed errata sheet to this office 18 so that copies may be distributed to all parties. Under penalty 19 of perjury, I declare that I have read my deposition and that it 20 is true and correct subject to any changes in form or substance 21 entered here. 22 23 DATE: ________________________ 24 25 SIGNATURE OF DEPONENT:_________________________________ 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 Page 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2015MM012872AXX STATE OF FLORIDA, vs. MARTIN E. O'BOYLE, Defendant. ________________________________________/ DEPOSITION OF JOHN PASSEGGIATA MAY 2, 2016 1:47 P.M. - 2:54 P.M. 205 N. DIXIE HIGHWAY WEST PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 2 (Pages 2 to 5) Page 2 1 APPEARANCES: 2 3 4 On behalf of the State 5 NICOLE BLOOM, ESQUIRE 6 MELISSA STEINBERG, ESQUIRE 7 Office of the State Attorney 8 401 North Dixie Highway 9 West Palm Beach, FL 33401 10 11 12 On behalf of the Defendant 13 MICHAEL SALNICK, ESQUIRE 14 Law Offices of Salnick, Fuchs & Bertisch, P.A. 15 1645 Palm Beach Lakes Blvd. 16 Suite 1000 17 West Palm Beach, FL 33401 18 19 20 Also present: 21 FRANK RANZIE, INVESTIGATOR 22 23 24 25 Page 3 1 I N D E X 2 - - - 3 WITNESS: DIRECT CROSS REDIRECT RECROSS 4 5 JOHN PASSEGGIATA 6 BY MR. SALNICK 4 7 BY MS. STEINBERG n/a 8 BY MS. BLOOM n/a 9 - - - 10 E X H I B I T S 11 - - - 12 NUMBER DESCRIPTION PAGE 13 n/a 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 1 P R O C E E D I N G S 2 - - - 3 Deposition taken before LOUANNE RAWLS, Digital Reporter and 4 Notary Public in and for the State of Florida at Large, in the 5 above cause. 6 - - - 7 Thereupon, 8 JOHN PASSEGGIATA 9 Having been first duly sworn or affirmed, was examined and 10 testified as follows: 11 THE WITNESS: Yes, I do. 12 DIRECT EXAMINATION 13 BY MR. SALNICK: 14 Q. Could you tell me your full name, please? 15 A. Sergeant John Passeggiata. 16 Q. And you're with what agency, sir? 17 A. Gulf Stream Police Department. 18 Q. And you've been with Gulf Stream for how long? 19 A. Approximately seven years. 20 Q. Okay. Prior to that were you in law enforcement? 21 A. Yes. 22 Q. And what agency? 23 A. NYPD. 24 Q. Okay. And how long were you with NYPD? 25 A. Twenty years. Page 5 1 Q. And where within NYPD did you work? 2 A. My last term was in narcotics. 3 Q. Okay. 4 A. Before that internal affairs. Before that patrol and 5 MISD. 6 Q. MISD means what? 7 A. Management Information Systems Division. 8 Q. Okay. Tell me a little bit about your educational 9 background, please. 10 A. I have a BA in computer science, Queens -- 11 Q. From where? 12 A. -- College. Queens College. 13 Q. Okay. And when you left the NYPD I assume you retired? 14 A. Yes. 15 Q. Okay. Did you leave on a disability or anything or was 16 it just time to leave New York? 17 A. I retired with 20 years of service. 18 Q. Uh-huh. 19 A. And I was awarded a disability pension. 20 Q. Okay. Were you hurt on the job? 21 A. Yes. 22 Q. Okay. Were you shot? 23 A. No. 24 Q. Okay. What was the nature of your injury? 25 A. I had knee surgery. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 3 (Pages 6 to 9) Page 6 1 Q. Okay. And because of the disability you had to leave 2 the New York Police Department? 3 A. That's correct. 4 Q. Okay. 5 A. No, I actually retired -- 6 Q. Uh-huh. 7 A. -- regular and then I met with my union reps and they 8 said since you were injured on the job you might as well put in 9 some paperwork and see if you can get a disability pension. 10 Q. Okay. 11 A. So I was out retired regular and then when they 12 reviewed my paperwork I was awarded a disability pension so they 13 just changed it over. 14 Q. Okay. And were you retired a certain number of years 15 before you -- 16 A. Twenty years. 17 Q. No, let me finish. 18 A. Okay. 19 Q. Were you out of police work for a period of time before 20 you went to Gulf Stream? 21 A. Yes. 22 Q. Okay. How long were you out of police work? 23 A. I retired January of '06 and I got hired May of 2009. 24 Q. Okay. And did you do any type of work in the interim 25 between your leaving New York and getting hired at Gulf Stream? Page 7 1 A. I coached baseball for my kids. 2 Q. Here in Florida? 3 A. Yeah, here in Florida. 4 Q. Okay. 5 A. And I made several investments. 6 Q. Okay. Did you do any work in a law enforcement or an 7 investigative capacity at all? 8 A. No. 9 Q. Okay. All right. And you joined the Gulf Stream Police 10 Department you said in 2009? 11 A. Correct. 12 Q. Okay. And when you joined did you join at the rank of 13 Sergeant? 14 A. No. 15 Q. Okay. When you joined Gulf Stream were you a patrol 16 officer? 17 A. Yes. 18 Q. And what were your responsibilities? 19 A. Patrol, patrol duties. 20 Q. Okay. 21 A. Enforcement in the street. 22 Q. And you were promoted to Sergeant when? 23 A. Approximately maybe about a year and a half ago. 24 Q. Okay. Did that require an examination of any kind or is 25 it a promotion from within? Page 8 1 A. No, actually I was -- after about two years at Gulf 2 Stream, two or three years, I worked on several cases and then I 3 was promoted to investigator. Then after maybe two years as an 4 investigator then I was promoted to Sergeant. 5 Q. Okay. So it didn't require an examination; did it? 6 A. No. 7 Q. Okay. All right. How many police officers are at the 8 Gulf Stream Police Department? 9 A. Approximately eight. 10 Q. Eight? Okay. All right. Is that where Pat Fa -- Chris 11 Fahey is? Is he with Gulf Stream? 12 A. Chris Fahey doesn't ring a bell, no. 13 Q. He must be with Ocean Ridge. Okay. All right. I'm 14 sorry. Do you know a gentleman by the name of Martin O'Boyle? 15 A. Yes. 16 Q. Okay. When did you first meet Mr. O'Boyle? 17 A. Working at Gulf Stream. I know he's a resident. 18 Q. Okay. What else do you know about him? 19 A. I know that he has numerous lawsuits against the Town. 20 Q. Okay. Any of those lawsuits involve you in any way? 21 A. No. 22 Q. Okay. When you say numerous lawsuits against the Town, 23 do you know anything about the lawsuits? 24 A. Well, it's in all the papers, you know, the local 25 papers so I read them. Page 9 1 Q. Okay. Tell me what you know about his lawsuits. 2 A. What I know is that he put in public records requests 3 and he made several lawsuits regarding public records requests 4 and that's all I know. 5 Q. Okay. You don't have any other knowledge about it 6 whatsoever? 7 A. No. 8 Q. Okay. Are we talking about one lawsuit or are we 9 talking about 50 lawsuits? Do you have any idea? 10 A. I think it's in the 40's from what I was told. 11 Q. Okay. And you don't know anything about the specific 12 subject matter, just that he has sued the Town of Gulf Stream? 13 A. Yeah, that there's ongoing lawsuits; correct. 14 Q. Okay. But do you know anything about the subject matter 15 of the lawsuits? 16 A. No, I do not. 17 Q. Okay. Not any of them? 18 A. No. 19 Q. Okay. Has anybody ever shared with you any of the 20 information from any of the lawsuits? 21 A. No. Just from what I read from the papers; that's it. 22 Q. Okay. So are you familiar with any of the wording in 23 some of his lawsuits? 24 A. The wording? No. 25 Q. Okay. Never have been; would that be your testimony? 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 4 (Pages 10 to 13) Page 10 1 A. Correct. 2 Q. Okay. Now on September 22nd of 2015, were you working 3 in some capacity for the City of Gulf Stream? 4 A. Yes. 5 Q. At some sort of Town meeting? 6 A. Yes. 7 Q. Tell me about that, please. 8 A. Well, I was assigned to security. There was a meeting 9 regarding budget so there's going to be a large crowd. 10 Q. Uh-huh. 11 A. And I was just there to keep the peace and promote 12 security; provide security. 13 Q. Are police in Gulf Stream assigned to work budget 14 meetings regularly? 15 A. There's always a police officer at every Town meeting. 16 Q. Okay. All right. So you've been to other Town meetings? 17 A. Yes. 18 Q. Okay. And what's your capacity at other meetings? Just 19 kind of sitting there and watching things? 20 A. Just to provide security, promote the peace, make sure 21 that nobody becomes disorderly, that everybody speaks in a 22 timely manner and remains orderly. 23 Q. When you say speak in a timely manner, you mean at the 24 meeting itself? 25 A. Yeah, correct. You know, I think they only have a few Page 11 1 minutes to speak. 2 Q. Uh-huh. 3 A. And when the Mayor says please sit down, you're 4 required to sit down and stop talking. 5 Q. Who is the Mayor of Gulf Stream? 6 A. His name is -- give me a second. I can't think of it 7 right now. 8 Q. Okay. Who is the Town Manager in Gulf Stream? 9 A. Bill Thrasher. 10 Q. Okay. And do you work with him? Do you work closely 11 with him in your capacity as a police officer? 12 A. Not really, no. 13 Q. Okay. How often do you interact with Mr. Thrasher would 14 you say? 15 A. Maybe once or twice a month. 16 Q. Okay. All right. How often do you interact with the 17 Mayor? 18 A. I only see him maybe at the Town meeting. 19 Q. Okay. 20 A. Or maybe in town. 21 Q. And he runs the meeting, the Mayor? 22 A. Correct. 23 Q. Okay. All right. And how often does the Town of Gulf 24 Stream meet on a monthly basis? 25 A. I think they meet monthly. Page 12 1 Q. Okay. All right. Now the purpose of this particular 2 meeting you said on September 22nd was a budget meeting? 3 A. I believe so. 4 Q. Okay. Do you have any familiarity with what 5 specifically they were discussing with respect to the budget? 6 A. No. 7 Q. Okay. So you're telling me under oath you have no 8 knowledge that part of the purpose of this meeting was a 9 consideration of raising taxes because of legal fees in the 10 city? 11 A. No, that I do know. Yes. 12 Q. Okay. What do you know about that? 13 A. Just exactly what you said. 14 Q. Uh-huh. 15 A. That part of the budget, one of the budget items on the 16 budget was to raise taxes for legal purposes. 17 Q. Okay. Were those legal purposes directed at activities 18 that had been engaged in by Mr. O'Boyle? 19 A. I believe that was the reason for it, yes. 20 Q. Okay. In other words they wanted to raise taxes because 21 Mr. O'Boyle was costing the city legal fees? 22 A. Well, I don't know exactly all the particulars but I 23 know that was one of the reasons. There could have been many 24 others that I'm really not familiar of but -- 25 Q. Okay. Are you familiar with posters that were in the Page 13 1 lobby -- 2 A. Yes, the bulletin boards. 3 Q. Okay. And what were the bulletin boards -- what did 4 they depict, those bulletin boards; do you remember? 5 A. From what I can remember it had Mr. O'Boyle's name at 6 the top and Mr. O'Hare's name and all their names that they used 7 when they put in public records requests. In other words, they 8 just normally didn't just use their name but they used also a 9 lot of fictitious names -- 10 Q. Okay. 11 A. -- for when they put in their public records requests 12 -- 13 Q. Okay. As a police -- 14 A. -- so the -- 15 Q. I'm sorry. Go ahead. 16 A. So the Town, I guess, put it on display. 17 Q. Okay. For people who are at the meeting to look at? 18 A. I have no idea. 19 Q. Well, they didn't just put them out there for the heck 20 of it; did they? 21 A. Yeah, I would assume for everyone to see. 22 Q. Okay. All right. And how many posters were out there? 23 A. There was two. 24 Q. Okay. 25 A. Two or three maybe. Maybe one on the floor and two up 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 5 (Pages 14 to 17) Page 14 1 on boards, from what I remember, on stands. 2 Q. Okay. All right. Would it refresh your recollection to 3 look at those? Would that help you if I showed them to you? 4 A. Sure. 5 Q. Can you tell me if these were the posters? Can you show 6 him? Can you do that? 7 MR. RANZIE: I can turn it so everybody can see. Here's 8 a picture of the lobby. 9 THE WITNESS: Yep. 10 MR. RANZIE: These would be the boards. 11 THE WITNESS: Yeah, that's pretty -- that's correct. 12 BY MR. SALNICK: 13 Q. Okay. And they were put up there -- do you have any 14 idea what the purpose was they were put there for? 15 A. No. 16 Q. Okay. 17 A. Other than to -- for everybody to see them, I guess, 18 you know. 19 Q. Okay. 20 A. Like you just said. 21 Q. And the posters that were put up there were they 22 specific to Mr. O'Boyle and his lawsuits? 23 A. I believe so. 24 Q. Okay. And they were specific to different fictitious 25 names being used during the course of those lawsuits? Page 15 1 A. I believe so. 2 Q. Okay. Did you have a chance to look at those posters? 3 A. I did glance at them. 4 Q. Okay. Would we be in agreement that the posters that 5 were out in the lobby were not related to any other items on the 6 budget that night, but specifically related to Mr. O'Boyle? 7 A. That I can't answer. 8 Q. Okay. So it's your testimony under oath that you have 9 no knowledge of anything -- if it had to do with anything else 10 besides Mr. O'Boyle? 11 A. Well, I know Mr. O'Hare's name is on there also. 12 Q. Okay. And who is Mr. O'Hare? 13 A. Mr. O'Hare is another Town resident. 14 Q. Okay. And what does Mr. O'Hare -- does Mr. O'Hare file 15 lawsuits, as well? 16 A. Yes. 17 Q. Do you know his full name, Mr. O'Hare? 18 A. Christopher O'Hare. 19 Q. Okay. And is he an associate or a colleague or a friend 20 of Mr. O'Boyle's to your knowledge? 21 A. A colleague? No. I think they're just Town residents. 22 Q. Okay. And does Mr. O'Hare file public records lawsuits, 23 as well, to your knowledge? 24 A. To my knowledge, yes. 25 Q. Okay. Do you know off the top of your head if any of Page 16 1 those posters that night had Mr. O'Hare's name? 2 A. Yes. 3 Q. Okay. Did they? 4 A. Yes, they did. 5 Q. Okay. You said there were three posters; right? 6 A. Yeah. 7 Q. Of the three do you know which -- if one was attributed 8 to Mr. O'Hare, was two attributed to Mr. O'Boyle? Do you know 9 how it broke down? 10 A. No, I'd have to look at them again. I don't really 11 remember. 12 Q. Whatever they say, though, you would agree that that's 13 the way they break it down; is that correct? 14 A. It had to do with O'Hare and O'Boyle; correct. 15 Q. Okay. Who prepared those posters; do you know? 16 A. That I don't know. 17 Q. Now how long was the meeting that night? 18 A. I'd say approximately an hour, an hour and a half 19 maybe. 20 Q. It starts at what time and ends at what time; do you 21 know? 22 A. Well, that one was -- usually they don't start at that 23 time. For some reason, maybe because it was a budget meeting, 24 maybe it started at 5 or 6 p.m. 25 Q. Okay. Page 17 1 A. Maybe at 5; 4:30 or 5. 2 Q. And what time was it over? 3 A. Probably around a quarter to 6; 6 o'clock. 4 Q. So it was a pretty quick meeting? 5 A. Yeah, about an hour or an hour and 15 maybe. 6 Q. Okay. Was the entire meeting dedicated to legal fees 7 only? 8 A. I believe they were to the budget. 9 Q. Okay. 10 A. So they talked to all different aspects of the budget. 11 Q. Okay. And the recording of that meeting from that night 12 would best indicate what they talked about during the meeting; 13 is that correct? 14 A. That's correct. 15 Q. Okay. And are the meetings recorded? 16 A. Yes. 17 Q. And who records those? 18 A. We do. 19 Q. When you say we, the police? 20 A. The police, yes. 21 Q. Okay. So there would have been someone working for the 22 Gulf Stream Police Department that night that would have 23 recorded the meetings? 24 A. Yeah, I believe it was Lieutenant Allen. 25 Q. Okay. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 6 (Pages 18 to 21) Page 18 1 A. He set up the camera. 2 Q. And it's just his job to make sure that everything is 3 recorded? 4 A. Well, one of us but that night he did. 5 Q. Okay. And you've done that before, as well? 6 A. Yes. 7 Q. Okay. In a small police department everybody kind of 8 does a little bit of everything? 9 A. Correct. 10 Q. Is that a fair statement? 11 A. Yeah. 12 Q. Okay. And every Town meeting is recorded, not just this 13 particular one? 14 A. All of them are. 15 Q. Okay. All right. And are they -- are they archived? Are 16 they saved? 17 A. Yes. 18 Q. Okay. Do you know how long they are saved for? 19 A. That I cannot answer. 20 Q. Okay. Now approximately how many people would you say 21 were at the meeting that night? 22 A. I'd say about 50 or 60 people. 23 Q. Okay. And the room that the meeting was in can 24 accommodate 50 or 60 people? 25 A. Approximately, yes. Page 19 1 Q. Okay. Do people have to sign in when they're there? 2 A. There's a sign-in log but I don't think you have to 3 sign in, no. 4 Q. So the meeting is open to the public; is that right? 5 A. That's correct. 6 Q. So anybody can walk in or do you have to be a Gulf 7 Stream resident? 8 A. Anybody can walk in. 9 Q. Okay. So if I live in, let's say Manalapan, I can walk 10 in there and somebody -- 11 A. That's correct. 12 Q. -- from Boynton Beach could walk in there; is that 13 correct? 14 A. That's correct. 15 Q. Okay. All right. Do they check ID or anything when 16 people come in? 17 A. No. 18 Q. Okay. All right. Now were you the only -- you and -- 19 you and Mr. Allen were the only police officers there that 20 night? 21 A. The Chief was there also. 22 Q. Okay. Now you indicated before that, you know, usually 23 an officer is there for these meetings. Is there more than one 24 officer present for these meetings usually? 25 A. Yes. Page 20 1 Q. Okay. So is the Chief always there for these meetings? 2 A. Yes. 3 Q. Okay. Are you usually always there? 4 A. No, not always. 5 Q. Okay. Who would the police officers be that you 6 recollect that are always there? 7 A. It's usually the Chief and the Lieutenant. 8 Q. Lieutenant Allen? 9 A. Lieutenant Allen. 10 Q. Okay. 11 A. Or the Chief and myself or whoever is working on the 12 other shift because I'm on the A squad and there's a B squad. So 13 depending on what day the meeting falls on -- 14 Q. Okay. All right. Is the meeting on a different day 15 every month? 16 A. I think so, yeah. 17 Q. Okay. Now was Mr. O'Boyle at this meeting? 18 A. Yes. 19 Q. Okay. Did you see who he was present with at the 20 meeting? 21 A. Yes. 22 Q. Who was he with? 23 A. That I cannot say. I don't know. I could recognize him 24 if I saw him again but I don't know who he was with. 25 Q. How many people was he with; do you know that? Page 21 1 A. Well, he always sits next to Christopher O'Hare and 2 they always talk to one another. 3 Q. Okay. 4 A. And then he was with another gentleman, a grey hair 5 gentleman. 6 Q. Okay. 7 A. I've never seen him before, though. 8 Q. Okay. 9 A. He always comes in with somebody and -- 10 Q. He doesn't come alone; does he? 11 A. No, he comes with an assistant always or an attorney or 12 someone. 13 Q. Okay. Do you know who Mr. Ring is? 14 A. Mr. Ring? No. 15 Q. Okay. Do you know who Mr. O'Boyle's son is? 16 A. I know he has a son but I've never met him. 17 Q. You've never met him? 18 A. No. 19 Q. All right. Had you met Mr. O'Boyle before this evening? 20 A. Yes. 21 Q. Okay. Does he know you as -- how do you say your last 22 name again? 23 A. Passeggiata. 24 Q. Does he know you as Sergeant Passeggiata? 25 A. You'd have to ask him that. I don't know. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 7 (Pages 22 to 25) Page 22 1 Q. Okay. I mean, has he ever called you Sergeant 2 Passeggiata? Does he call you by your first name? 3 A. No. 4 Q. Okay. And you know him as Mr. O'Boyle or Marty or 5 whatever -- 6 A. Correct. 7 Q. -- he has people call him? Okay. You've seen him at 8 other meetings before? 9 A. Yes. 10 Q. Approximately how many times over the years have you 11 seen him at meetings? 12 A. Maybe 15. 13 Q. Okay. All right. Now these lawsuits that he files, I 14 know you used a number and I won't hold you to it, but you used 15 a number 40. Let's just say that that's the accurate number. 16 Have you ever been assigned in your capacity as a police officer 17 to investigate these lawsuits? 18 A. No. 19 Q. Okay. To your knowledge has anyone in your agency been 20 assigned to investigate these lawsuits? 21 A. I can say no. 22 Q. You know that for a fact? 23 A. Uh-huh. 24 Q. Okay. 25 COURT REPORTER: Is that a yes? Page 23 1 THE WITNESS: Yeah. 2 BY MR. SALNICK: 3 Q. The lawsuits that are filed -- 4 A. Yes, nobody in my department investigated any of his 5 lawsuits. 6 Q. Are you aware that the Town, however, has engaged in 7 litigation over some of these lawsuits with Mr. O'Boyle? 8 A. Yes, it's a small town so you always hear -- 9 Q. Everybody kind of knows what's going on; right? 10 A. Well, you just hear rumblings but I don't know all the 11 intricacies and I don't really get involved in that. 12 Q. Okay. Are you aware that in at least one lawsuit the 13 Town actually settled with Mr. O'Boyle and paid him a sum of 14 money? 15 A. Yeah. Yeah, because that was in the papers. It was on 16 T.V. so -- 17 Q. Okay. That's how you knew? 18 A. Yeah. 19 Q. That's the only reason you know about it? 20 A. Yep. 21 Q. Okay. All right. Now do you know who Mr. DeLaville is? 22 A. Yes. 23 Q. And what is his full name? 24 A. I think it's Serge DeLaville. 25 Q. Okay. And is he a resident of Gulf Stream? Page 24 1 A. Yes. 2 Q. Okay. And how long have you known Mr. DeLaville for? 3 A. Since I've been at Gulf Stream. 4 Q. Which is about how long? 5 A. Seven years. 6 Q. Okay. Now I want to ask that particular night how did 7 Mr. O'Boyle -- what was Mr. O'Boyle's purpose at the meeting? 8 Did he speak at the meeting? 9 A. I think he did speak. 10 Q. Okay. Are you familiar with what he spoke about? 11 A. No. 12 Q. Okay. Were you actually inside the meeting hall during 13 the entire meeting? 14 A. No. 15 Q. Okay. 16 A. I was not. 17 Q. Where would you have been situated? 18 A. Either in the lobby or there's like a little coffee 19 kitchen area in the lobby. 20 Q. Okay. So you would not necessarily have heard 21 everything that Mr. O'Boyle said or what people may have said to 22 Mr. O'Boyle? 23 A. Correct. 24 Q. Okay. Is there a speaker system out in the hallway so 25 that if you're in the lobby you can hear what's going on in the Page 25 1 meeting? 2 A. There's no speaker system. There's a speaker system 3 inside, I believe, that you hear when the commissioners speak -- 4 Q. Right. 5 A. -- and also when a person gets up to the podium and 6 speaks. 7 Q. But if you're out in the lobby is there like a speaker 8 or a microphone system? 9 A. No. You could hear bits and pieces if you pay 10 attention. 11 Q. Uh-huh. Okay. But if you're not paying attention, it's 12 not like it's being piped out there? 13 A. Correct. 14 Q. Okay. All right. So if I were to ask you about things 15 that Mr. O'Boyle said that night at the meeting you wouldn't be 16 able to tell me? 17 A. Not everything; no. 18 Q. Okay. Are there some things you do -- by saying not 19 everything it kind of peaked my interest. So are there some 20 things at the meeting that he did say that you recall? 21 A. I do remember him speaking that he wasn't in agreement 22 of how -- of raising the taxes for legal fees. 23 Q. Okay. But you would expect at a public meeting that 24 there would be those who were in agreement with certain things 25 and some that aren't in agreement? 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 8 (Pages 26 to 29) Page 26 1 A. That's correct. 2 Q. Okay. So there's nothing -- nothing out of the norm 3 about not agreeing with something; is there? 4 A. Nothing at all, no. 5 Q. Okay. All right. During the course of the meeting when 6 Mr. O'Boyle was in the meeting did anybody call to your 7 attention that he was being disrespectful or rude to anybody? 8 A. I don't know. I might remember that there was one time 9 where he was told to sit down and he didn't sit down. And then I 10 walked into that meeting room and then when he saw me he went 11 and sat down. 12 Q. Okay. Would that be depicted on a video? 13 A. It might be, yes. 14 Q. Okay. All right. Are people told to sit down when they 15 extend their time or talk too long -- 16 A. Yes. 17 Q. -- in meetings? So that could happen to anybody besides 18 Mr. O'Boyle; is that correct? 19 A. That's correct. Yes. 20 Q. Okay. All right. Now did Mr. O'Boyle at that meeting 21 that night have any kind of aid with him, like a walker, a 22 wheelchair, crutches; anything of that nature? 23 A. Yes, he had a walker with him. 24 Q. Okay. And have -- you said you've seen him before. 25 A. Correct. Page 27 1 Q. Has he been with a walker before? 2 A. Sometimes. 3 Q. Okay. So over what period of time before that night 4 would you say you've seen him with a walker? 5 A. When I see him at home around his house, when I drive 6 down Hidden Harbor, he's not using his walker. 7 Q. Uh-huh. 8 A. But when he's coming into the Town meeting he uses the 9 walker. 10 Q. Okay. Now when you see him at his house is he -- he's 11 not dancing or doing summersaults or anything like that; is he? 12 A. No, but I see him walking liberally. 13 Q. Okay. 14 A. No problem. 15 Q. Okay. Do you see him cutting the lawn or doing any 16 yardwork? 17 A. No, he doesn't cut the lawn. 18 Q. Okay. Do you see him doing any work on his house? 19 A. No, things like getting in and out of his car. But 20 since you said work on his house, this past Sunday, I believe, 21 he was assisting his -- one of his helpers get up on a house 22 that he owns on Hidden Harbor. 23 Q. Uh-huh. 24 A. I think it might be 16 Hidden Harbor. He had a ladder 25 upon the roof and I think Mr. O'Boyle was holding the ladder for Page 28 1 one of his workers to go up there. 2 Q. Okay. Mr. O'Boyle wasn't on the roof though, was he? 3 A. No, I didn't see him on the roof. I was paying 4 attention to the construction that was going on right next door. 5 Q. Okay. 6 A. And when I drove away he waived and I waived back. 7 Q. Okay. So you've seen him at the Town Hall meetings with 8 a walker. 9 A. Without a walker several times and then -- 10 Q. And with a walker? 11 A. -- with a walker also. 12 Q. Okay. Is it the kind of walker that's like on two 13 wheels and he has to hold onto it? 14 A. I believe there's two wheels on it. 15 Q. Okay. Is it the kind of walker he can actually sit on 16 as well? Like is there a chair? 17 A. Yes. 18 Q. Okay. All right. Do you know anything about his 19 physical condition that would necessitate a walker? 20 A. No. 21 Q. Okay. Ever asked to look into that at all? 22 A. No. 23 Q. Now in looking at your report, I'm looking at the 24 incident summary and I'm sure you have a copy with you; don't 25 you? Page 29 1 A. Uh-huh. Yes. 2 Q. Okay. Feel free to take a look at it if you need to. As 3 far as I'm concerned this is not a test so you can look at 4 anything you want to look at. In looking at your incident 5 summary I want to just start at the very first line. "At the 6 above date and time at the end of a public Town Hall meeting at 7 100 C Road, Mr. Martin O'Boyle, a Gulf Stream resident, was 8 acting disorderly by engaging in such conduct as to constitute a 9 breach of the peace." What was he doing that caused you to make 10 that statement? 11 A. Well, he caused a disruption in the lobby. 12 Q. Okay. Well, I want to talk about that a little bit more 13 specifically. Do you remember the time prior to him causing this 14 disruption that he's accused of causing? Do you remember about 15 what time it was? 16 A. It was probably the same time the meeting ended. 17 Q. Okay. Do you have that written on a report, though, 18 somewhere? 19 A. Yeah, it's right here. Approximately 10 to 6. 20 Q. Okay. So we're fairly certain, then, that the meeting 21 is over at 10 to 6? 22 A. Yes. 23 Q. If I look up on the top of your report there where you 24 have time of call, time of arrival, that's 17:50 hours, so 25 that's about 5:50; is that correct? 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 9 (Pages 30 to 33) Page 30 1 A. Correct. 2 Q. Okay. Now where it says time of arrival, you were 3 actually there; weren't you? 4 A. Yes. 5 Q. So you weren't dispatched there; were you? 6 A. No. 7 Q. Okay. So it wasn't like you had to be dispatched and 8 arrive, you're just referring to the time that the incident 9 occurred; is that correct? 10 A. Correct. 11 Q. Okay. Now at 18:20 hours, it's 6:20, is that when he's 12 already off to the hospital? 13 A. Yes. 14 Q. Okay. Now is there a public safety unit in your Town? 15 An ambulance service or Fire Rescue? 16 A. We use Delray Fire. 17 Q. Okay. And that's what accounts for Delray being 18 involved in this case? 19 A. Correct. 20 Q. You guys -- that's regular? I mean, if anybody got hurt 21 in your Town it would be Delray that would come over? 22 A. Yes. 23 Q. Okay. All right. Now if I'm looking at your report -- 24 let me ask you this question, and I mean no disrespect by this 25 question. But if a resident were to use profanity towards a Page 31 1 police officer is that a crime? Have you arrested anyone for 2 using profanity towards you as a police officer? 3 A. No. 4 Q. Okay. Ever in your career? 5 A. Ever in my career just for a curse word? No. 6 Q. Okay. All right. 7 A. But for disobeying a lawful order and using profanity 8 and causing disruption, yes. 9 Q. People get angry, right, and they use profanity? 10 A. Correct. 11 Q. Okay. It's not illegal to use profanity as far as 12 you're concerned; is it? 13 A. No. 14 Q. Okay. Now if I'm looking at a report, and I'm reading 15 it verbatim, it says that "Mr. O'Boyle attempted to deface 16 public property by writing with a marker on a poster displayed 17 at Town Hall." We're talking about the posters that were outside 18 in the hallway; right? 19 A. That's correct. 20 Q. The ones that were either relevant to Mr. O'Hare or to 21 Mr. O'Boyle; is that correct? 22 A. That's correct. 23 Q. Okay. Are you able to tell me which one of the posters 24 Mr. O'Boyle referenced when he said he was going to mark the 25 poster? Page 32 1 A. The one that was on the stand. 2 Q. Okay. There was one on the stand and where were the 3 other two? 4 A. On the floor, I believe. 5 Q. Okay. Now take me through that, and I'll probably 6 interrupt you a little bit as we go through it. The meeting is 7 over; right? 8 A. Right. 9 Q. All right. Now you said there was about 50 people 10 there? 11 A. Correct. 12 Q. Have most of the people kind of left the meeting? 13 A. I'd say about halfway through. 14 Q. When you say -- 15 A. Halfway maybe 25 people had left and there was still 25 16 people including him leaving. 17 Q. Okay. Fair to say that you weren't counting the number 18 of people? 19 A. Correct. 20 Q. Okay. So what you're giving me is an approximation? 21 A. Correct. 22 Q. It could be more, it could be less; is that right? 23 A. That's right. 24 Q. Okay. So did anything happen inside the meeting prior 25 to this incident where Mr. O'Boyle ends up getting arrested that Page 33 1 got your attention before anything occurred? 2 A. No. 3 Q. Okay. No screaming? 4 A. Not that I can remember, no. 5 Q. Okay. Nothing loud that got your attention? 6 A. During the meeting? 7 Q. Yeah. 8 A. No. 9 Q. Okay. So as the meeting is over there comes a point in 10 time where Mr. O'Boyle walks out of the hall and near those 11 posters; is that correct? 12 A. That's correct. 13 Q. And when he's walking out of the hall and near those 14 posters is he using his walker? 15 A. Yes. 16 Q. And is he with one or two other people? 17 A. Yes. 18 Q. They're walking like next to him or near him or what? 19 A. Well, it's kind of single file. 20 Q. Okay. 21 A. There was only one side where the door was open. 22 Q. Okay. But it wasn't a situation like, you know, -- do 23 you have your radio on all the time? 24 A. Yeah. 25 Q. Okay. So it wasn't a situation like somebody called you 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 10 (Pages 34 to 37) Page 34 1 and said, Sarge, get in here, there's a problem with O'Boyle? 2 A. No. 3 Q. This all happened when he walked out; is that correct? 4 A. That's correct. 5 Q. Okay. So as Mr. O'Boyle walks out where are you? 6 A. I was standing right next to the exit door of the main 7 meeting room next to the bulletin board. 8 Q. The bulletin board that was -- 9 A. On the stand. 10 Q. Okay. So if we, and I want to be able to show everybody 11 this, -- 12 MR. RANZIE: Basically, he could point this out. 13 MR. SALNICK: Okay. Why don't I have you -- 14 MR. RANZIE: The meeting door is here; correct? Going 15 into the room? 16 THE WITNESS: No, that's the meeting room. Yes. 17 MR. RANZIE: Right. To the side of that. 18 THE WITNESS: Yep. 19 MR. RANZIE: We don't have a photo of it. That's the 20 angle. That's the meeting room. 21 THE WITNESS: Correct. 22 BY MR. SALNICK: 23 Q. Okay. So this would be the poster that we're talking 24 about? 25 A. Correct. Page 35 1 Q. Okay. And whatever that poster says, whether it's about 2 Mr. O'Boyle or the man on the moon, whatever it says it says; is 3 that right? 4 A. Correct. 5 Q. Okay. Now Mr. O'Boyle comes out of the meeting room 6 area. You're standing where? 7 A. I'm standing right next to the bulletin board in front 8 of that other one that's on the floor. 9 Q. Okay. So this one is on the floor? 10 A. Right. So I'm right in front of it. 11 Q. You're like here somewhere, I mean, for purposes of the 12 deposition. 13 A. Right. 14 Q. Here doesn't mean anything to the Court Reporter. But 15 you're standing in front of the bulletin board that's on the 16 floor? 17 A. Correct. 18 Q. And when do you first -- when do you first get the 19 attention or when do you -- when are you first notified or are 20 aware that Mr. O'Boyle was there? 21 A. When did I first realize it? 22 Q. Yeah. 23 A. When he was exiting. 24 Q. You just saw him? 25 A. Yeah. Everybody is walking in front of me as they're Page 36 1 exiting. 2 Q. Okay. Just normal exiting -- 3 A. Right. And they were using the door to the right and 4 then the other door is to the left to leave the main lobby. 5 Q. Okay. What directs your attention to Mr. O'Boyle? 6 A. Well, I'm standing right next to the bulletin board and 7 he's with his walker and then he stops. He's looking at the 8 bulletin board. He reaches into his jacket and takes out a pen 9 and attempts to write on the bulletin board. 10 Q. Okay. I guess my first question is he's got his walker 11 at the same time? 12 A. Correct. 13 Q. Okay. Is he wearing a suit? 14 A. Yes. 15 Q. He's dressed in business attire? I guess that's what 16 I'm asking. 17 A. Yes. 18 Q. Okay. So when he uses the walker is it like the kind of 19 walker one hand, two hands, when he's on the walker; do you 20 know? 21 A. It depends on what he wants to use. 22 Q. Okay. So essentially you say that he pulls out a pen? 23 A. Correct. 24 Q. Okay. 25 A. Not holding onto the walker now. Page 37 1 Q. Okay. 2 A. He's reading. He's reading the bulletin board. 3 Q. Okay. 4 A. Takes out a pen and attempts to cross something out on 5 the bulletin board. 6 Q. Are either of his hands on the walker? 7 A. No. 8 Q. You're positive of that? 9 A. Positive. 10 Q. Okay. And how is it that you're positive of that? 11 A. Because I'd seen his hands. 12 Q. Okay. Where was his left hand? 13 A. At his side? 14 Q. Okay. Is there a desk there at that period of time? Is 15 there a desk -- 16 A. The desk is behind him. 17 Q. Okay. All right. So if I'm looking at the picture 18 there's a desk, there's the bulletin board in front of the desk 19 and then there's the bulletin board that's on the easel, is that 20 correct, that's behind the desk? 21 A. Yeah. 22 Q. Take a look at the picture. 23 A. Yeah, the one that's on the easel is the one that he 24 was reading. 25 Q. Okay. All right. And that's out there for everybody to 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 11 (Pages 38 to 41) Page 38 1 read; is that correct? 2 A. Correct. 3 Q. Okay. Now what does Mr. O'Boyle say? 4 A. He doesn't say anything. I direct him to please refrain 5 from writing on the bulletin board. 6 Q. Well, what I want to know is what did he do that caused 7 you to say to him, you know, don't write on the bulletin board? 8 Did he say -- 9 A. He took out a green marker, he took the cap off and was 10 going to write on the bulletin board. 11 Q. Okay. 12 A. And as he was doing that I said please refrain from 13 writing on the bulletin board. 14 Q. Did he ever write on the bulletin board? 15 A. No, because I stopped him. 16 Q. Okay. But did -- he never got to do that before you 17 said anything? 18 A. Never got to. 19 Q. Okay. So when you told him not to write on the bulletin 20 board -- 21 A. He was in the process of writing on it. 22 Q. Okay. But my question is we have a bulletin board. Are 23 there any green marks on there? Is there anything on there that 24 shows he tried or attempted to write on there? 25 A. No, because I stopped him. Page 39 1 Q. Okay. So you said to him what? Don't write on there? 2 A. Correct. 3 Q. And he didn't write on there; is that correct? 4 A. Well, he told me what are you going to do about it? 5 Q. Well, we're going to get to that. But he reaches with 6 his left hand or his right hand to write; do you know? 7 A. He had the marker in his right hand. 8 Q. Okay. So when he goes to write you stop him. Do you 9 stop him in any physical way or just verbally? 10 A. Just verbally. 11 Q. Okay. You don't put your hand up or reach up or 12 anything? 13 A. No, not at all. 14 Q. Okay. And to the best that you can recollect what are 15 the words that you used? 16 A. The best I can recollect was please refrain from 17 writing on the bulletin board. 18 Q. Okay. And it's your testimony that you said it just as 19 nicely? 20 A. Yes. 21 Q. Just that way? 22 A. Yes. 23 Q. Okay. Weren't agitated in any way? 24 A. No. 25 Q. Okay. What did Mr. O'Boyle say when he saw any stuff on Page 40 1 the bulletin board? Did you hear him say anything? 2 A. Yeah. 3 Q. What did he say? 4 A. He said well, what are you going to do about it? 5 Q. Okay. And at that point did you respond? 6 A. Yes. 7 Q. And -- 8 A. Because he still had the pen in his hand and then at 9 that point I said please step away. I directed him to step away 10 from the bulletin board. 11 Q. Okay. Did he step away? 12 A. No. 13 Q. Okay. Now in your report you describe -- okay. In your 14 report you describe that Mr. O'Boyle refused to listen to you; 15 is that correct? 16 A. When I told him to leave the building; correct. 17 Q. Okay. Now -- 18 A. That was next. 19 Q. Okay. In your report, though, you say that he attempted 20 to deface public property by writing with a marker on a poster 21 displayed at Town Hall; correct? 22 A. That's correct. 23 Q. Okay. He says to you, according to your testimony, what 24 are you going to do about it when you say not to write on there; 25 is that correct? Page 41 1 A. That's correct. 2 Q. Okay. Now in your report you indicate your words were, 3 "I then directed Mr. O'Boyle to move away from the poster." 4 Okay. 5 A. Correct. 6 Q. Let me ask you, Sergeant, how did you direct him -- I'm 7 sorry. How did you direct him to move away from the poster? 8 A. By speaking. 9 Q. Okay. Well, what did you say the second time when 10 you're directing him to move away from the poster? 11 A. Step away since he wasn't listening and he still had 12 the marker in his hand -- 13 Q. Okay. 14 A. -- up at the bulletin board. 15 Q. Okay. 16 A. I tell him to step back -- 17 Q. Okay. 18 A. -- away from the bulletin board. 19 Q. All right. He never -- but we agreed, did we not, that 20 at no time did he ever write on the bulletin board? 21 A. No. 22 Q. Excuse me, on the poster? 23 A. No, but he had the pen up like this ready to write on 24 it. 25 Q. All right. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 12 (Pages 42 to 45) Page 42 1 A. In his hand. 2 Q. I know we're calling it a pen and a marker. I don't 3 know -- 4 A. It was a green marker. 5 Q. Okay. I don't know if these words will mean anything 6 down the road but we're talking about a green like Magic Marker 7 type thing? 8 A. Yes. 9 Q. Okay. All right. And you saw the color and that's how 10 you know it's green? 11 A. Yes. 12 Q. Okay. So when you tell him not to do that, according to 13 what you just said, he said what are you going to do about it? 14 A. Well, the first time he said what are you going to do 15 about it. When I told him to step away from the bulletin board, 16 because he still had the marker in his hand he was still 17 attempting to write on it, he told me fuck you. 18 Q. Okay. Using that profanity did that bother you? 19 A. No. 20 Q. Okay. It didn't get you angry because he was saying it 21 in front of other citizens or anything? 22 A. No. 23 Q. Okay. So you calmly just ignored that when he said 24 that? 25 A. Yeah. I mean, I stood in place. Page 43 1 Q. Okay. Did Mr. O'Boyle ever use that kind of language 2 towards you before? 3 A. Not that I can remember, no. 4 Q. Okay. After he -- was anybody videotaping this? Was 5 this on video? 6 A. I don't believe so, no. 7 Q. Okay. So there was no mechanism for Mr. Allen to do 8 anything at this point to kind of get -- 9 A. No, because that was in the main meeting room only. 10 Q. Okay. And do you know if anybody got that on their 11 phone or anything like that? Did you ever later find that out? 12 A. No. 13 Q. Okay. So you tell him -- when you direct him to move 14 away from the poster what did you say to him? 15 A. Step away from the bulletin board. 16 Q. Okay. Do you say please or anything like that to him? 17 A. The first -- at first I said please. The second time I 18 said step back away from the bulletin board. 19 Q. Okay. Where is Chief Ward at this point? 20 A. He was standing on my left side next to me. 21 Q. Okay. Had Chief Ward said anything? 22 A. At that time Chief Ward stepped forward and said 23 something of the effect, come on Marty. That was after I told 24 him to leave the building. The Chief tried to engage Mr. O'Boyle 25 and tell him, you know, leave the building; listen to the Page 44 1 officer. And then it just became like an "F" you contest. 2 Q. Okay. An "F" you contest on whose -- on whose part? 3 A. Well, Mr. O'Boyle told the Chief go fuck yourself. 4 Q. Okay. Did Chief respond? 5 A. I believe he said come on, Marty, listen to what the 6 officer just told you to do. 7 Q. Okay. Chief didn't respond in any angry way at all? 8 A. No. 9 Q. Okay. Now you say that Mr. O'Boyle puffed up his chest 10 and his shoulders. Can you tell me what you mean by that? 11 A. What happened was he had the marker up and I told him 12 to step back away from the bulletin board. He didn't. Then I 13 told him to leave the lobby. At that time the Chief stepped 14 forward and walked. Mr. O'Boyle turned freely without no walker 15 and stuck his chest out towards the Chief as the Chief was 16 walking by and telling him, come on, listen to the officer. So 17 he stuck his chest out at the Chief and stared down at him -- 18 Q. Okay. 19 A. -- and told him to go fuck himself. 20 Q. You said that the Chief kind of walked towards Mr. 21 O'Boyle first; is that correct? 22 A. Well, he was trying to walk, like exiting, between the 23 desk and the bulletin board and Mr. O'Boyle. 24 Q. Okay. But I just want to make sure I understand what 25 you said. Did the Chief -- Page 45 1 A. The Chief was on my left side. 2 Q. Uh-huh. 3 A. Mr. O'Boyle is right here in front of the bulletin 4 board. The Chief walked this way to engage Mr. O'Boyle and kept 5 walking. As Mr. O'Boyle turned around, he stuck his chest out at 6 the Chief and engaged the Chief. 7 Q. Okay. Now when you say stuck his chest out, I mean did 8 he raise his hand to the Chief in any way? 9 A. No, he just stuck his chest out and stared down at him. 10 Q. Okay. Staring at him, is there a problem with that? Is 11 that illegal? 12 A. Is that illegal to stare at somebody? 13 Q. Yeah. 14 A. No. 15 Q. Okay. Did he pull out any weapon or anything, Mr. 16 O'Boyle? 17 A. No, he still had the pen in his hand. 18 Q. Okay. What happened to the pen? 19 A. Well, at that point the -- I opened the door because he 20 wasn't leaving the lobby like I had asked him to. And as he was 21 engaged with the Chief I opened the door, I moved the walker in 22 the doorway, and I got in between the Chief and Mr. O'Boyle. And 23 I put my left hand on his right arm and I walked with him 24 towards the door and I kept repeating, "You need to leave, you 25 need to leave." 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 13 (Pages 46 to 49) Page 46 1 Q. You moved his walker? 2 A. Correct. 3 Q. Okay. Without knowing his medical condition, and 4 without knowing why he had a walker, why would you have moved 5 someone's walker who, apparently, uses a walker? 6 A. Because I figured he would need it. 7 Q. Okay. But you moved it in a way -- did he still have 8 access to it when you moved it? 9 A. No, I think one of his henchmen moved the walker to -- 10 Q. Let me just object to the use of the word henchmen but 11 okay. Go ahead. 12 A. One of his workers -- 13 Q. Okay. All right. 14 A. -- moved the walker to -- in front of the bathroom 15 area. 16 Q. Okay. I thought you said you moved the walker. 17 A. Then I moved it from that, because he wasn't using it, 18 to the doorway where I tried to escort Mr. O'Boyle to the 19 doorway to his walker. 20 Q. Okay. When you said that you grabbed Mr. O'Boyle, how 21 did you grab him? 22 A. I placed my left hand on his right arm. 23 Q. Okay. And did he say anything to you at that point? 24 A. No. 25 Q. Okay. No comments whatsoever? Page 47 1 A. No, he cooperated. Took two steps towards the doorway. 2 Q. Okay. 3 A. And then he shook me -- shook my hand away. 4 Q. Okay. 5 A. And he put his hand up on the door frame and he said 6 I'm not going anywhere and he knelt down. 7 Q. Did you tell him that he was under arrest at that 8 point? 9 A. No. 10 Q. Was he under arrest at that point? 11 A. No. 12 Q. Had you intended to arrest him at that point? 13 A. You're asking me the future of that. I can't, you know, 14 so -- 15 Q. Well, I guess we have to just go by what's in the 16 report. 17 A. Right. 18 Q. You didn't arrest him at that point? 19 A. Correct. 20 Q. Okay. Now before any of this happens, when the Chief 21 gets close to Mr. O'Boyle doesn't the Chief say something to Mr. 22 O'Boyle? 23 A. I believe so, yes. 24 Q. Okay. And this is after you say that Mr. O'Boyle kind 25 of -- Page 48 1 A. To leave the lobby. 2 Q. -- puffed out his chest or something. What is it that 3 the Chief says? 4 A. He said come on, Marty, listen to what the officer is 5 telling you to do. 6 Q. Okay. And does he say anything else? 7 A. No. 8 Q. Okay. And you're positive of that? 9 A. Yes. 10 Q. Okay. In your report you indicate that Chief Ward asked 11 Mr. O'Boyle what is that, a combat stance. 12 A. That's correct. Yes. 13 Q. Okay. So you did say that in your report, is that 14 correct? 15 A. Yes. 16 Q. Okay. So when the Chief is saying to him, what is that, 17 a combat stance, is that in response to him puffing his chest? 18 A. Yes. 19 Q. Okay. So those were words that you heard with your own 20 ears; is that right? 21 A. Correct. 22 Q. And those were words that came from the Chief; is that 23 correct? 24 A. That's correct. 25 Q. Okay. And you indicate that you're not familiar with Page 49 1 any lawsuit, complaint, letter or document that Mr. O'Boyle has 2 filed against the Town other than what you might have read in 3 the paper? 4 A. Pretty much, yes. 5 Q. Okay. You can't speak for the Chief on that; can you? 6 A. Can I speak for the Chief on that? No. 7 Q. Okay. What his familiarity is? 8 A. No. 9 Q. Okay. Now after the Chief says to Mr. O'Boyle, what is 10 that a combat stance, what does Mr. O'Boyle do? 11 A. He said, yeah, it is. 12 Q. Okay. Well, when he said, yeah, it is, did he put up 13 his fist or make like he wanted to fight or anything? 14 A. Yeah, he made like he wanted to fight. That's when 15 there's two kids in a school yard sticking their chest out in 16 front of you -- 17 Q. Okay. 18 A. -- like the want to fight. 19 Q. Okay. My question to you was did he put up his fist? 20 A. Did he put up his fist? No. 21 Q. Okay. Did he do anything other than, as you call it, 22 bowing his chest? 23 A. He had -- he still had the marker in his hand. 24 Q. Okay. He didn't try to hit anybody with the marker; did 25 he? 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 14 (Pages 50 to 53) Page 50 1 A. No. 2 Q. Okay. He didn't throw the marker at anybody; did he? 3 A. No, but it could be used as a weapon. 4 Q. Okay. 5 A. It wouldn't feel good in your eye. 6 Q. Okay. But he didn't do that, though, did he? 7 A. No, but he could have. 8 Q. Okay. Well, I could possibly fly but I'm not. I'm 9 asking you what he did do that night. 10 A. Right. 11 Q. Okay. He didn't throw it at anybody; did he? 12 A. Yeah, but I don't think the right thing to do is to 13 stick out your chest and intimidate and -- 14 Q. Okay. 15 A. -- try to intimidate a police officer when he asks you 16 to kindly leave the lobby. 17 Q. Were you intimidated when he did that? 18 A. Not at all. 19 Q. Okay. Was the Chief intimidated? 20 A. You'll have to ask him that. 21 Q. Okay. You have no idea; do you? 22 A. You'd have to ask him that. 23 Q. So the answer is you have no idea whether the Chief was 24 intimidated; do you? Can you say yes, he was or no, he wasn't? 25 A. You would have to ask him how he felt. I can't answer Page 51 1 that. 2 Q. You don't know how he felt? 3 A. No. 4 Q. Okay. All right. Now when you grabbed him, or his arm, 5 okay, you walk towards the door frame, the frame of the door 6 when you're walking out the door. Is that -- 7 A. We walked towards the door. 8 Q. Okay. And what happens when you get to the door? 9 A. He puts his left arm up and kneels down. He shakes my 10 hand off his arm and says I'm not going anywhere. 11 Q. Okay. 12 A. He puts his left hand up on the door frame and kneels 13 down. 14 Q. Okay. Is that depicted on video in any way? 15 A. No. 16 Q. Okay. At this point Mr. O'Boyle was not told he was 17 under arrest; is that correct? 18 A. That's correct. 19 Q. And from reading your report I don't get that you said 20 to him, hey, if you don't stop this I'm going to arrest you. You 21 don't say that at that point; do you? 22 A. No. 23 Q. Okay. And from reading your report I don't get that the 24 chief says that either, hey, Marty, come on, you're going to be 25 arrested if you don't cut this out. No one in law enforcement Page 52 1 says that to him; correct? 2 A. No. 3 Q. Okay. Now you say that he lowered himself. Can you 4 describe what he did? Like I'm not getting what you mean. 5 A. He put his left arm in the door frame. He leaned on it 6 and he went down to one knee and then he went down to two knees. 7 Q. Okay. And that's what you observed; is that correct? 8 A. Yes. 9 Q. Okay. If anybody else observed it differently, then 10 either they're mistaken or they had a different observation than 11 you? 12 A. Correct. 13 Q. Okay. How many people were around while this was 14 occurring? 15 A. I'd say about maybe seven or eight people in the lobby. 16 Q. Was anybody saying anything out loud while this was 17 going on? 18 A. There was people in the crowd that was saying, come on, 19 Marty. Something to that effect. 20 Q. Okay. Do you know who those people were -- 21 A. I don't know. 22 Q. -- other than the ones that you managed to find? 23 A. Yeah, now. 24 Q. Okay. The ones that you found are the ones that had 25 something to say; is that correct? Page 53 1 A. That still hung around the lobby after; yeah. 2 Q. Okay. All right. Now you say that -- you know, you use 3 this word in the report, "He gingerly lowered himself." Where 4 did you get that from? 5 A. Because that's what he did; like gingerly. 6 Q. What does gingerly mean? 7 A. Nice and easy. 8 Q. Okay. All right. Is he a big guy, Mr. O'Boyle? 9 A. I would say. 10 Q. What would you say he weighs in at? 11 A. He's about 6'2", 270. 12 Q. Okay. Do you know how old he is? 13 A. Sixty-three, sixty-two. 14 Q. Is he older than you or the Chief? 15 A. He's older than me. 16 Q. Okay. Do you know if he's older than the Chief? 17 A. No, he's younger than the Chief. 18 Q. Now you say that Chief Ward and you attempted to raise 19 him to his feet. Tell me what happened there. 20 A. Well, when he went down to his knees the Chief walked 21 over to his left side, I was on his right side, and he said 22 John, let's help him up. So we tried to help him but he wasn't 23 cooperating. He was resisting. 24 Q. Well, how did he resist? 25 A. He kind of sat back and he wasn't -- he wasn't letting 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 15 (Pages 54 to 57) Page 54 1 us lift him. 2 Q. Okay. Did he say to call 911 at that point? 3 A. No. 4 Q. Okay. Well, according to your report you say that you 5 and the Chief attempted to get him up but he refused to get up. 6 A. Correct. 7 Q. And then according -- 8 A. He didn't use our assistance to get up. He wasn't 9 cooperating. 10 Q. Okay. And you then say somewhere in your report that he 11 called an employee to call 911; is that correct? 12 A. Well, actually, I think just after we tried to lift him 13 he still had the marker in his hand the Chief took the marker 14 out of his hand -- 15 Q. Okay. 16 A. -- and closed it. And he says that's my pen. And the 17 Chief says here's your pen back. 18 Q. Okay. 19 A. He said but, you know, put it away. 20 Q. Did he put it away? 21 A. He put it away. 22 Q. Okay. That's not in your report. 23 A. No, no, it's just something that just came to me. 24 Q. Okay. All right. Now you guys don't have those little 25 cameras on your uniforms like some of these -- Page 55 1 A. Correct. No. 2 Q. Okay. Any recording device at all on you as a police 3 officer that could have recorded the audio of what happened? 4 A. Just the phone, no. But that wasn't on at that time. 5 Q. All right. At some point does Mr. O'Boyle say to call 6 911? 7 A. He turns around to his employee, I think it was Mr. 8 Ring. Is that who you were referring to? 9 Q. I'm not sure who was -- 10 A. The man with the white hair, grey hair. 11 Q. Okay. 12 A. And he says give me a phone. And he turns around and 13 the man hands him a phone. And he says call 911 or give me the 14 phone and I'll call 911. So he calls 911. 15 Q. Okay. Now does an ambulance come? 16 A. Yes. 17 Q. Okay. Where do the police officers go when the 18 ambulance people -- when the Fire Rescue people get there? Are 19 you guys right there with Fire Rescue or are you guys off to the 20 side? 21 A. Yeah. Well, he never -- he never told me that he was 22 hurt. He never complained of any pain. Never said officer, get 23 me an ambulance, I'm hurt, my back hurts, my knee hurts, my neck 24 hurts; never said anything to me. 25 Q. Okay. Page 56 1 A. So I was kind of shocked when he asked for a phone and 2 called 911. And I couldn't -- when he already called and I was 3 listening to what he was -- trying to listen to what he was 4 doing on the phone and then I -- when I put it together that he 5 called, it was dispatch that he called, and that he asked for an 6 ambulance, that, you know, I could have done it quicker on my 7 radio if he would have told me but he didn't. 8 Q. Okay. 9 A. So at that point I didn't go in and call 911 on my 10 radio because he just called. It would be like calling twice. 11 Q. But you've got a guy in a walker who is on the ground; 12 is that correct? 13 A. He's on his knees. 14 Q. Okay. He's on his knees. He's not standing up; right? 15 A. Correct. 16 Q. Okay. 17 A. Well, even if he's standing he's on the ground but -- 18 Q. Now I know in your report you say he didn't appear to 19 sustain any injury. Did you know that for sure at the time? 20 A. No, but he didn't complain of any injury. He didn't 21 complain. He didn't say I'm hurt. Didn't complain my chest 22 hurts, my back hurts; didn't say anything to anyone. 23 Q. Okay. Now what attendees that saw that that were 24 leaving came to you and complained that they were incited by his 25 conduct? Page 57 1 A. What attendees? 2 Q. Yeah. Who came to you and said this is outrageous, this 3 is terrible, this is awful; who came to you? 4 A. Just people in the lobby. 5 Q. Just walking by? 6 A. People that were there that I could -- you know, 7 because I'm in between trying to take care of Mr. O'Boyle and 8 now he called for an ambulance. So I was just walking trying to 9 see who was in the lobby, who wasn't in the lobby. And this came 10 after some people came forward and complained, you know. 11 Q. Okay. 12 A. Mr. DeLaville was one of them. 13 Q. Okay. Mr. DeLaville, he complained about the way the 14 whole thing happened? 15 A. Pretty much, yeah. 16 Q. Okay. 17 A. He couldn't believe it. 18 Q. Where was Mr. Thrasher at this time? 19 A. He was there in the lobby also. 20 Q. Okay. Was he also -- okay. Was he in the lobby the 21 entire time it happened? 22 A. I believe so. 23 Q. Okay. Would you -- are you certain about that? 24 A. He was on the other side of the desk, I believe. 25 Q. Okay. All right. Now you write in your report that 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 16 (Pages 58 to 61) Page 58 1 there were people that were subjected to Mr. O'Boyle's tirade of 2 obscenities. Who came to you and said they were offended or 3 subjected to that? 4 A. Where did I write that in my report? 5 Q. I'm looking at it. The part that says, "Mr. O'Boyle 6 went to his knees on his own volition and did not appear to 7 sustain any injury. It was later known that he was checked at 8 the hospital and released. This incident occurred in the Gulf 9 Stream Town Hall." 10 A. Okay. 11 Q. You see it? 12 A. Yeah, I see it. 13 Q. Okay. It says, "Were subjected to O'Boyle's tirade of 14 obscenities." 15 A. Right. 16 Q. Who came to you and said they were subjected to his 17 tirade of obscenities? 18 A. Mr. DeLaville and some other people that were in the 19 lobby. 20 Q. Okay. Is Mr. DeLaville the only name that you have? 21 A. Yeah, because other people didn't want to give their 22 name or step forward but they did complain. 23 Q. Okay. All right. Now let me just ask you a couple of 24 other things here. Mr. DeLaville, did he ultimately write a 25 statement out for you? Page 59 1 A. Yes. 2 Q. Did you work with him on that? 3 A. No. 4 Q. Okay. Were you there when he wrote the statement out? 5 A. Yes. 6 Q. Okay. And that was the next day; is that correct? 7 A. That's correct. 8 Q. Okay. All right. Since Mr. DeLaville wrote that 9 statement out have you spoken to him about anything? 10 A. Since he wrote the statement? I've seen him several 11 times but we didn't really talk about his statement. 12 Q. Okay. All right. Do you know what kind of mood Mr. 13 O'Boyle was in during the course of the meeting? 14 MS. STEINBERG: I'm going to object. Mood? I mean, I 15 don't know if you could -- 16 BY MR. SALNICK: 17 Q. Well, from your perception; how's that? 18 MS. STEINBERG: That's good. 19 MR. SALNICK: Demeanor? 20 MS. STEINBERG: Better. 21 THE WITNESS: I think he was upset. 22 BY MR. SALNICK: 23 Q. Okay. And tell me specifically why you say that. 24 A. Because I think he was upset that the budget was 25 approved. And why I can say that is because he spoke. He got up Page 60 1 to speak that he was against the budget. 2 Q. Okay. How about the demeanor of the Mayor? Any idea 3 what his demeanor was? 4 A. No. 5 Q. Okay. But let me ask you at this particular meeting do 6 you remem -- do you remember in that meeting the Mayor accusing 7 Mr. O'Boyle and Mr. O'Hare of committing fraud and a money 8 making scheme? 9 A. I can't remember. 10 Q. Okay. Do you remember the Mayor accusing Mr. O'Boyle of 11 being involved in an ongoing enterprise made up of lawyers to 12 gain monetary damages from the Town? 13 A. I've heard -- I've heard and read that. 14 Q. Okay. All right. Where did you read that? 15 A. In the Coastal Star. 16 Q. Okay. And where did you hear it? 17 A. I must have heard it from other people and maybe even 18 at a meeting. I don't remember. 19 Q. Okay. All right. Do you remember during the course of 20 that meeting Mr. O'Boyle telling the Mayor that he advised him 21 to get a lawyer because the statement about fraud was not true; 22 do you remember that? 23 A. No. 24 Q. Okay. All right. Do you remember the Mayor telling Mr. 25 O'Boyle to have a seat? Page 61 1 A. I believe. I'm not sure if it was that meeting or 2 another meeting that the Mayor asked the Chief for assistance 3 because Mr. O'Boyle wasn't sitting down. 4 Q. Okay. 5 A. So it might have been that meeting. I'm not sure. But I 6 might have walked in and as soon as I walked in then he went and 7 sat down. 8 Q. Okay. Do you remember the Mayor pointing at Mr. 9 O'Boyle, you know, you're out of order, sir; something like 10 that? Do you remember that? 11 A. Mr. O'Boyle pointing? 12 Q. No, the Mayor pointing. 13 A. No. 14 Q. Okay. And, again, -- 15 A. Mayor Morgan. That his name; Morgan. 16 Q. Okay. 17 A. It just hit me. 18 Q. All right. We won't tell him you forgot his name. 19 A. Okay. 20 Q. But you don't remember the specifics of Mr. O'Boyle's 21 dialogue with him? 22 A. No. 23 Q. Okay. All right. Do you happen to remember Mr. O'Hare 24 defending himself against those same allegations of fraud that 25 night? 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 17 (Pages 62 to 65) Page 62 1 A. You know, I've been to meetings when he's got up and 2 spoke, you know, many times. 3 Q. Okay. 4 A. That night I don't really remember him speaking -- 5 Q. Okay. All right. 6 A. -- or the particulars of what he said. But Mr. O'Hare 7 speaks at every meeting. 8 Q. Now I know you said that Mr. O'Boyle -- if anybody 9 needs a break at any point just let me know. You said that Mr. 10 O'Boyle went to his knees and that was -- he did that -- 11 according to what you remember he did that on his own; is that 12 correct? 13 A. Right, to disobey a lawful order to leave the building. 14 Q. Okay. Did he say he was going to his knees to disobey a 15 lawful order? 16 A. No, but he said I'm not going anywhere. 17 Q. Okay. Do you know if he had any medical issue at that 18 point in time? 19 A. He never told me that he had a medical issue, no. 20 Q. Okay. And you wrote in your report that he didn't 21 appear to have an injury; is that correct? 22 A. Correct. 23 Q. Okay. Now he hadn't gotten evaluated at that point. 24 You're basing it upon what you didn't hear; is that correct? In 25 other words, if he didn't complain that's what you're basing it Page 63 1 on; is that right? 2 A. And he didn't -- yeah, he didn't appear. I didn't see 3 him to be injured or hurt. 4 Q. Okay. All right. Now do you know if Mr. DeLaville saw 5 the whole thing happen? 6 A. Yeah, he was in the lobby. 7 Q. Okay. And you've talked to him about him seeing the 8 whole thing happen? 9 A. Yep. 10 Q. Okay. All right. Was the meeting over when this all 11 happened? 12 A. Yes. 13 Q. All right. Who is Mr. Tejera (phonetic)? 14 A. Tejera? 15 Q. Yeah. Who is that? 16 A. Mr. Tejera? I don't know. 17 Q. Does that name ring a bell to you? 18 A. No. 19 Q. Okay. Was there somebody using a camera besides the 20 Lieutenant to record things that went on that night? 21 A. Well, I know Mr. O'Boyle or Mr. O'Hare hired somebody 22 to film also during the meeting. 23 Q. Okay. All right. Now just a couple of other things. 24 When -- during the timeframe when Mr. O'Boyle went on the ground 25 and when the ambulance people showed up, how long was that? Do Page 64 1 you have any idea? 2 A. Maybe two minutes, three minutes. 3 Q. Okay. Could it have been more like 11 minutes? 4 A. Could be. 5 Q. Okay. All right. Now when did you decide that you were 6 going to arrest Mr. O'Boyle? 7 A. When did I decide? 8 Q. Yeah. That you were going to charge Mr. O'Boyle? Well, 9 you didn't arrest him that night; did you? 10 A. No. 11 Q. Okay. You didn't give him a notice to appear that 12 night; correct? 13 A. No. 14 Q. You didn't even tell him that night he was going to be 15 arrested; did you? 16 A. Nope. 17 Q. Okay. 18 A. I wanted to, though. 19 Q. Okay. Well, I know you may have wanted to but I've got 20 to ask you what you did. I appreciate you saying that but you 21 never said to him, Marty, you're going to get arrested, Marty 22 we're going to investigate this; there's going to be -- you 23 know, something is going to come up? He had no indication when 24 he left there that night to go to Bethesda, or wherever he went, 25 the hospital, that he was going to be arrested; is that correct? Page 65 1 A. That's correct. 2 Q. Okay. And when I say he had no indication, you didn't 3 communicate it to him; correct? 4 A. That's correct. 5 Q. The Chief didn't communicate it to him; correct? 6 A. You'd have to ask him that. 7 Q. Okay. Well, there doesn't seem to be anything in any of 8 the reports that it was directed to him. 9 A. Okay. 10 Q. In the Chief's supplement or your supplement. Now when 11 was a decision made to consider criminal charges against Mr. 12 O'Boyle? 13 A. Well, when Mr. O'Boyle went down to his knees and me 14 and the Chief tried to assist him to lift him and he did not 15 cooperate, I signaled to my Chief handcuffs, like this, and he 16 waived me off. So that meant to me he didn't want me to put 17 handcuffs on him. 18 Q. Okay. 19 A. So I listened to my Chief. 20 Q. Okay. But even if you signaled to him or gave him the 21 high sign or whatever you police officers do -- 22 A. Mr. O'Boyle did not see that, no. 23 Q. Okay. He didn't see it and he didn't know about that; 24 correct? 25 A. No. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 18 (Pages 66 to 69) Page 66 1 Q. Okay. All right. 2 A. And then the Chief later told me that he wanted to file 3 -- wanted me to file on him and not place handcuffs on him. 4 Q. Okay. And when did the Chief tell you that in relation 5 to the 22nd? 6 A. Right after -- shortly after that. He might have walked 7 to the kitchen area -- 8 Q. Okay. 9 A. -- and then he, I think, waived me over and he might 10 have whispered in my ear and that was it. 11 Q. Okay. Do you know how Mr. O'Boyle got abrasions to his 12 knees that night? 13 A. No. 14 Q. Do you know how he had some lumbar back pain that 15 night? 16 A. No. 17 Q. Okay. Now were you aware that a couple of days later 18 Mr. O'Boyle wrote a letter complaining to Chief Ward about you? 19 A. Yeah, the Chief mentioned something to that effect. 20 Q. Okay. And did that ever result in an IA investigation 21 in any way? 22 A. No, I think the Chief communicated to Mr. O'Boyle that 23 he needs to make a complaint, a sworn statement complaint, in 24 person -- 25 Q. Okay. Page 67 1 A. -- and he never answered. 2 Q. Okay. Now did you listen to what Mr. O'Boyle said in 3 the 911 call? 4 A. I heard bits and pieces. 5 Q. All right. Did you hear him say he fell down? 6 A. No. 7 Q. Did you hear him say his back got twisted? 8 A. No. 9 Q. Did you hear him say his back hurts? 10 A. No, he pretty much said that -- he said I'm on the 11 ground, I'm in Gulf Stream Town Hall and gave them the address. 12 Q. Okay. All right. Would that be verbatim what he said or 13 would you not be able to tell me verbatim what he said? 14 A. I wouldn't be able to tell you verbatim. 15 Q. Okay. Now when you put your hands on Mr. O'Boyle to 16 escort him, as you say, is that using control against him? 17 A. It would be equivalent to me walking my 92 year old 18 father to the bathroom. 19 Q. Okay. Well, is he using any kind of control? That's all 20 I'm asking. 21 A. More like guiding him towards the door. 22 Q. Okay. So you didn't have to do a use of force report or 23 anything like that? 24 A. No. No force used. 25 Q. Okay. All right. Would you have to write a use of Page 68 1 control report? 2 A. No. 3 Q. Okay. You're familiar with a use of control report and 4 the regulations for your agency? 5 A. Yes. 6 Q. Okay. Do you have to write one when someone is charged 7 with resisting arrest? 8 A. Not in all cases. I don't think so. 9 Q. Okay. Is there a regulation that says you're supposed 10 to write one when someone is charged with resisting arrest? 11 A. Without violence? 12 Q. Well, just resisting arrest. 13 A. I think not when it's without violence. When it's with 14 violence. 15 Q. All right. Would you agree that what happened between 16 you and Mr. O'Boyle, whether it was like escorting your elderly 17 dad or not, there was physical contact between you and Mr. 18 O'Boyle? 19 A. Yes. 20 Q. Okay. All right. Now your supervisor that night is the 21 Chief; right? 22 A. The Lieutenant and then the Chief. 23 Q. Okay. So you're -- 24 A. I guess the highest ranking officer was the Chief. 25 Q. Okay. Were you required to notify a supervisor after Page 69 1 this occurred? 2 A. No, because he was present. 3 Q. Okay. So he saw it. It wasn't like you had to do that? 4 A. Correct. 5 Q. Okay. Now were you required in any way to attend to his 6 medical needs or attempt to until the ambulance got there? 7 A. Was I required to? 8 Q. Uh-huh. 9 A. Like I said, he never told me that he was hurt, injured 10 or complained of any pains in my presence. 11 Q. Okay. Do you happen to remember where you and the 12 Chief, and maybe the Lieutenant, waited after Mr. O'Boyle was on 13 the ground? Because, according to the video, I don't see any 14 police near Mr. O'Boyle after he's on the ground. Where do you 15 guys go? 16 A. I was in the lobby still. Could have been maybe behind 17 him or -- I don't know what you're referring to you don't see 18 any -- 19 Q. Was there a little side room like that you guys waited 20 in? 21 A. Yeah, there's like a little coffee room. 22 Q. Uh-huh. Did you and the Chief and the other -- the 23 Lieutenant wait there at some point? 24 A. Well, at some point the Chief, I think, signaled me 25 over and that's when he told me he wanted me to file. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 19 (Pages 70 to 73) Page 70 1 Q. That's when he told you? 2 A. Yeah. 3 Q. Okay. Now were you aware that in February of last year 4 the Town of Gulf Stream had filed a lawsuit against Mr. O'Boyle 5 and it was dismissed by a Federal judge? 6 A. No, I don't really know all the particulars of all the 7 lawsuits. 8 Q. Okay. You don't know anything about a lawsuit against 9 Mr. O'Boyle that was dismissed? 10 A. No, I know that he won a judgment. 11 Q. Okay. That's what we talked about before? 12 A. Right. 13 Q. Now were there also handout materials besides the 14 poster boards? 15 A. I believe so. 16 Q. Okay. Were those also describing things and actions of 17 Mr. O'Boyle and Mr. O'Hare? 18 A. I believe so, yes. 19 Q. Okay. All right. Would it be fair to say that the 20 purpose of those boards and the materials were to show residents 21 that Mr. O'Hare and Mr. O'Boyle were creating unnecessary 22 taxpayer expense? 23 A. I really can't say. 24 Q. Again, whatever they say you'd go with whatever is on 25 there? Page 71 1 A. Yeah. 2 Q. Is that correct? 3 A. Pretty much. 4 Q. Now did you take a statement of or question Chris 5 O'Hare about what he observed that night with respect to Mr. 6 O'Boyle? 7 A. No. 8 Q. Okay. Do you know who Dennis Gaun (phonetic) is? 9 A. No. 10 Q. So you wouldn't have questioned anybody named Dennis 11 Guan. Okay. Did any police officer, whether it be you or the 12 Chief in your presence, or anyone else, ever call Mr. O'Boyle an 13 f'ing asshole that night? 14 A. No. 15 Q. Definitely not? 16 A. Definitely not. 17 Q. Okay. All right. When Mr. O'Boyle was talking about 18 using his green marker did he ever say that what's on there was 19 a lie and that's why he wanted to do it? 20 A. Not that I can remember. 21 Q. Okay. I just want to get back to this. I'm coming down 22 the home stretch here. What was Mr. O'Boyle's breach of the 23 peace that night? 24 A. Because he was shouting vulgarities in the lobby and 25 that's disturbing. Some people find that offensive. Page 72 1 Q. But to who? 2 A. The people that were in the lobby. The people -- 3 everybody was exiting the meeting. 4 Q. He was talking loud; wasn't he? 5 A. He was cursing loud, yeah. 6 Q. Okay. But you said nobody other than this Mr. DeLaville 7 said he -- 8 A. Was willing to make a statement. 9 Q. Okay. Did you decide to arrest Mr. O'Boyle because he 10 was shouting at you or using profanity towards you? 11 A. No, because I asked him to leave the lobby and he 12 didn't. 13 Q. Okay. All right. But you admit to me you never warned 14 him he would be arrested if he didn't? 15 A. Correct. 16 Q. Okay. And that's even before the Chief said not do 17 anything; correct? 18 A. I never said anything to Mr. O'Boyle, no. 19 Q. Okay. All right. Now when you took physical control of 20 Mr. O'Boyle the purpose was what? 21 A. To escort him to leave the building. 22 Q. Okay. Now is he allowed to be in that building? 23 A. Yes. 24 Q. Okay. Was he trespassing in that building? 25 A. At the moment I told him to leave and he didn't want to Page 73 1 leave then he's trespassing. 2 Q. Well, did you warn him that you'll be arrested for 3 trespassing if you don't leave? 4 A. No, but I told him several times to leave and he didn't 5 listen. He disobeyed a lawful order. 6 Q. He is a resident of the Town of Gulf Stream; right? 7 A. Acting disorderly in the lobby. I told him several 8 times to leave and he didn't listen. 9 Q. Okay. Did you tell him that he would be -- did you use 10 the words, because I don't see it in your report, that he would 11 be trespassing if he didn't leave? 12 A. No. 13 Q. Did you speak to EMS when they got there? 14 A. No, but I was right there. 15 Q. Okay. But you didn't speak to them but you were right 16 there. You didn't tell them what had transpired? 17 A. No. 18 Q. You didn't talk to one ambulance person? 19 A. No. 20 Q. Okay. Did the Chief? 21 A. I don't think so, no. 22 Q. Okay. 23 A. We had an officer outside that took the call. 24 Q. Who was that? 25 A. Officer O'Donnell. 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 20 (Pages 74 to 77) Page 74 1 Q. And what did Mr. O'Donnell do? 2 A. He assisted with the ambulance arriving and traffic, 3 directing traffic, of getting them in and out. 4 Q. Was Mr. O -- 5 A. He did a report for assist to an outside agency. 6 MR. SALNICK: Do you have a copy of Mr. O'Donnell's 7 report? 8 MS. BLOOM: No. 9 MR. SALNICK: No? Okay. 10 THE WITNESS: We can get you one. 11 BY MR. SALNICK: 12 Q. Maybe you can get it to Ms. Bloom and she can get it to 13 me which will be great because we don't have him as a witness. 14 That's why I'm asking. Now Mr. O'Donnell, was he present -- 15 MS. BLOOM: I think it's Officer O'Donnell. 16 MR. SALNICK: I'm sorry. Right. 17 BY MR. SALNICK: 18 Q. Officer O'Donnell, was he present when this occurred? 19 A. No. 20 Q. Okay. So any -- so he didn't see it like you and the 21 Chief did? 22 A. No, he was assigned the call when it came over 23 dispatch. 24 Q. Okay. So he's not a witness to anything? 25 A. No. Page 75 1 Q. Okay. All right. 2 MR. SALNICK: Can I just have two minutes? You guys may 3 have questions but I'm just going to talk to him briefly and 4 see where we're going. 5 MS. BLOOM: Okay. 6 (OFF THE RECORD) 7 (BACK ON THE RECORD) 8 BY MR. SALNICK: 9 Q. Just one more little area here and that's all. We agree 10 we've got a 64 year old man, right, Mr. O'Boyle? 11 A. Okay. 12 Q. Is that correct? 13 A. That's correct. 14 Q. Okay. He's got a walker; is that correct? 15 A. That's correct. 16 Q. Okay. And it's not the first time you've ever seen him 17 with a walker; is that correct? 18 A. Correct. 19 Q. Okay. But you made the -- 20 A. That's not the first time I've seen him without one 21 either. 22 Q. Okay. But you made the assumption that he had no 23 injuries; is that correct? 24 A. It was obvious that he had no injuries. 25 Q. Okay. Well, you made that assumption because he didn't Page 76 1 say he had any injuries; is that correct? 2 A. Well, usually if somebody has an injury they would saw 3 ow or oh, something hurts. 4 Q. Okay. All right. That's your -- 5 A. He never complained. He never came to me and said I'm 6 hurt. 7 Q. Okay. 8 A. Or my back hurts. 9 Q. All right. I don't think I have any -- 10 A. Never had any -- 11 Q. Okay. 12 A. Never showed any pain. 13 Q. All right. And whatever is on video you would agree 14 would be the best indicator of everything that happened? 15 A. Whatever is on video? 16 Q. Uh-huh. 17 A. What do you mean? I don't think -- 18 Q. Well, didn't you say -- 19 A. -- the incident was on video. 20 Q. Well, not the incident but -- 21 A. Okay. 22 Q. -- everything else that happened in the meeting. Didn't 23 you say one of your Lieutenants videos the meeting? 24 A. Oh, yes. 25 Q. Okay. But there's no video; we talked about that Page 77 1 already. 2 A. Of outside the main meeting room. 3 Q. Correct. 4 A. Correct. Other than whatever was filmed by a phone. 5 Q. Okay. 6 MR. SALNICK: I don't have anything else. 7 MS. BLOOM: No, no. 8 MR. SALNICK: Do you want to read or waive? 9 THE WITNESS: Thank you. 10 MS. STEINBERG: You have to tell her you want to read 11 or waive. So before it gets transcribed you have the ability 12 to come in and read everything to make sure what she took 13 down was accurate. 14 THE WITNESS: Okay. 15 MS. STEINBERG: Okay. Yeah. 16 COURT REPORTER: Would you like to read it or not? 17 MS. STEINBERG: Read. 18 THE WITNESS: Yeah, I'll read it. 19 (DEPOSITION CONCLUDED) 20 21 22 23 24 25 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 21 (Pages 78 to 81) Page 78 1 CERTIFICATE OF OATH 2 3 4 THE STATE OF FLORIDA 5 COUNTY OF PALM BEACH 6 7 8 I, THE UNDERSIGNED AUTHORITY, CERTIFY THAT JOHN 9 PASSEGGIATA PERSONALLY APPEARED BEFORE ME AND WAS DULY SWORN ON 10 THE 2ND DAY OF MAY, 2016. 11 12 DATED THIS 18th DAY OF MAY, 2016. 13 14 ______________________________ 15 LOUANNE RAWLS 16 NOTARY PUBLIC, STATE OF FLORIDA 17 MY COMMISSION EXPIRES: 1/25/19 18 COMMISSION NO.: FF165101 19 20 21 22 23 24 25 Page 79 1 C E R T I F I C A T E 2 I, LOUANNE RAWLS, Notary Public in and for the State of 3 Florida at Large, do hereby certify that I was authorized to and did digitally report said deposition and that the foregoing 4 pages are a true and correct transcription of my notes of said deposition. 5 6 I further certify that said deposition was taken at the time and place herein above set forth and that the taking of 7 said deposition was commenced and completed as herein above set 8 out. 9 10 11 I further certify that I am not an attorney or counsel 12 of any of the parties, nor am I a relative or employee of any 13 attorney or counsel of party connected with the action, nor am I 14 financially interested in this action. 15 16 17 The foregoing certification of this transcript does not 18 apply to any reproduction of the same by any means unless under 19 the direct control and/or direction of the certifying reporter. 20 21 22 Dated this 18th day of May, 2016. 23 24 ______________________________________ 25 LOUANNE RAWLS Page 80 1 May 18, 2016 2 Sergeant John Passeggiata 3 c/o Gulf Stream Police Department 246 Sea Road 4 Delray Beach, FL 33483 5 IN RE: STATE VS. O'BOYLE 6 7 Dear Sergeant Passeggiata: 8 Please take notice that on 2nd day of May, 2016, you gave your 9 deposition in the above-referred matter. At that time, you did not waive signature. It is now necessary that you sign your 10 deposition. 11 Please call our office at 561-832-7500 to schedule an 12 appointment between the hours of 10 a.m. and 4:30 p.m., Monday through Friday. If you do not read and sign the deposition 13 within a reasonable time (i.e., 30 days unless otherwise 14 directed) the original, which has already been forwarded to the 15 ordering attorney, may be filed with the Clerk of the Court. If 16 you wish to waive your signature, sign your name in the blank at 17 the bottom of this letter and return it to us. 18 19 20 Very truly yours, I do hereby waive my signature 21 22 ______________________ _________________________ 23 Louanne Rawls Sergeant John Passeggiata 24 Prose Court Reporting Agency 25 Page 81 1 C E R T I F I C A T E 2 - - - 3 4 THE STATE OF FLORIDA 5 COUNTY OF PALM BEACH 6 7 I hereby certify that I have read the foregoing deposition by me 8 given, and that the statements contained herein are true and 9 correct to the best of my knowledge and belief, with the 10 exception of any corrections or notations made on the errata 11 sheet, if one was executed. 12 13 Dated this ____ day of __________________, 2016. 14 15 _____________________________ 16 Sergeant John Passeggiata 17 18 19 20 21 22 23 24 25 12d16e6e-3aa9-420f-807f-a747367f9d37 Prose Court Reporting Agency, LLC 561-832-7500 22 (Page 82) Page 82 1 E R R A T A S H E E T 2 IN RE: STATE VS. O'BOYLE 3 CR: LOUANNE RAWLS DEPOSITION OF: SERGEANT JOHN PASSEGGIATA 4 TAKEN: MAY 2, 2016 DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE 5 PAGE # LINE # CHANGE REASON 6 ____________________________________________________ ____________________________________________________ 7 ____________________________________________________ ____________________________________________________ 8 ____________________________________________________ ____________________________________________________ 9 ____________________________________________________ ____________________________________________________ 10 ____________________________________________________ ____________________________________________________ 11 ____________________________________________________ 12 ____________________________________________________ 13 ____________________________________________________ 14 ____________________________________________________ 15 16 17 Please forward the original signed errata sheet to this office 18 so that copies may be distributed to all parties. Under penalty 19 of perjury, I declare that I have read my deposition and that it 20 is true and correct subject to any changes in form or substance 21 entered here. 22 23 DATE: ________________________ 24 25 SIGNATURE OF DEPONENT:_________________________________ Deposition Of: Scott Morgan SOF v O'Boyle August 7, 2018 580 Village Boulevard, Suite 140 West Palm Beach, FL 33409 Phone (561) 832-7500 www.ProseFlorida.com “Professionals Serving Professionals” Scott Morgan 1 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2015MM012872AXX STATE OF FLORIDA, Plaintiff, -vs- MARTIN E. O'BOYLE, Defendant. ______________________________________/ DEPOSITION OF SCOTT MORGAN TAKEN AT THE INSTANCE OF THE DEFENDANT Tuesday, August 7, 2018 2:10 p.m. - 3:00 p.m. 205 North Dixie Highway West Palm Beach, Florida Reported By: Lisa G. Simescu, RPR Notary Public, State of Florida Prose Court Reporting & Legal Video Services Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 2 APPEARANCES: On behalf of the Plaintiff: OFFICE OF THE STATE ATTORNEY NICOLE BLOOM, ESQ. 201 Southeast 6th Street, Unit MTC Fort Lauderdale, Florida 33301 (954) 831-8446 On behalf of the Defendant: LAW OFFICE OF SALNICK & FUCHS MICHAEL SALNICK, ESQ. 1645 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401 (561) 471-1000 On behalf of the Witness: SWEETAPPLE, BROEKER & VARKAS, PL ROBERT A. SWEETAPPLE, ESQ. 20 Southeast 3rd Street Boca Raton, Florida 33432 (561) 392-1230 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 3 1 - - - I N D E X 2 - - - 3 WITNESS: DIRECT CROSS REDIRECT RECROSS 4 SCOTT MORGAN 5 By Mr. Salnick.....4 6 7 - - - E X H I B I T S 8 - - - 9 NUMBER DESCRIPTION PAGE 10 Exhibit No. 1 12 11 Letter 12 Exhibit No. 2 29 Letter 13 14 - - - 15 16 17 18 19 20 21 22 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 4 1 The deposition of SCOTT MORGAN was 2 taken before me, Lisa G. Simescu, RPR and 3 Notary Public, State of Florida at Large, 4 at 205 North Dixie Highway, West Palm 5 Beach, Florida, on Tuesday, August 7, 2018, 6 beginning at 2:10 p.m., pursuant to the 7 Notice in said cause for the taking of said 8 deposition, which is attached to the court 9 file herein, at the instance of the 10 defendant in the above-entitled cause 11 pending in the above-named court. 12 WHEREUPON, 13 SCOTT MORGAN, 14 being by me first duly sworn to tell the whole 15 truth, as hereinafter certified, testified as 16 follows: 17 THE WITNESS: I do. 18 DIRECT EXAMINATION 19 BY MR. SALNICK: 20 Q. Could you tell me your full name, please. 21 A. Scott Morgan. 22 Q. And, Mr. Morgan, what is your occupation, 23 sir? 24 A. I'm president of a company named Humidifirst. 25 Q. And what is Humidifirst? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 5 1 A. It's a manufacturer of commercial humidifier 2 systems. 3 Q. Okay. And besides being president of that 4 company, are you also an attorney? 5 A. I have a license, yes. 6 Q. Okay. Tell me a little bit about your 7 educational background. 8 A. I'm from South Central Pennsylvania High 9 School. Went to Penn State University. Taken some 10 law school. 11 Q. Okay. South Central Pennsylvania, where? 12 A. Harrisburg. 13 Q. You're from Harrisburg, okay. And graduated 14 from Penn State when? 15 A. In '79. 16 Q. Okay. And are you licensed in any state 17 besides Pennsylvania? 18 A. No. 19 Q. Okay. Did you practice law for a while? 20 A. I did. 21 Q. Okay. For how many years? 22 A. About 25 years. 23 Q. Okay. And what type of law did you practice? 24 A. Litigation. 25 Q. What type? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 6 1 A. Defense work, plaintiff's work, collection 2 work, construction litigation. 3 Q. All civil though? Did you do any criminal 4 defense? 5 A. No. 6 Q. Okay. And when did you come to Florida? 7 A. I came to Florida in the early '90s. 8 Q. Okay. When did you stop practicing law? 9 A. Roughly -- I don't recall the exact date. 10 Nine or 10 years ago, maybe. 11 Q. Okay. And that was voluntarily, you just 12 didn't want to do it anymore? 13 A. I wanted to focus on the business. 14 Q. There are those of us who would say you're 15 very smart to make that decision. 16 Okay. So you're now in the business world; 17 is that correct? 18 A. Yes. 19 Q. Okay. Do you work full time still? 20 A. Yes. 21 Q. All right. And besides that, you live in the 22 Town of Gulfstream? 23 A. Correct. 24 Q. And are you or were you the mayor of 25 Gulfstream? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 7 1 A. I am currently. 2 Q. You're currently, okay. When did you first 3 become mayor of the Town of Gulfstream? 4 A. I believe it was 2014. 5 Q. And I assume that's an elected position? 6 A. Yes. 7 Q. All right. And if you became mayor in 2014, 8 how long is your term? 9 A. Three-year terms. 10 Q. Okay. So you were elected in 2017? 11 A. Yes. 12 Q. Are there limits, or can you go on and on if 13 the town wants to elect you? 14 A. There are no limits. 15 Q. Okay, all right. In your capacity as mayor 16 how many hours is that, do you spend doing that, 17 let's say, in a given week? 18 A. It varies considerably. Could be anywhere 19 from a couple hours to 20 hours. 20 Q. Okay. And you preside at town council 21 meetings? 22 A. Yes. 23 Q. Okay. How often are they? 24 A. Once a month, second Friday of every month. 25 Q. And are they also during the summer? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 8 1 A. Yes. 2 Q. Okay. So they go on, there's no break, you 3 know, for a couple months; it's goes on regularly; 4 is that correct. 5 A. No, that's correct. 6 Q. And when you have the town council meetings, 7 is law enforcement present at your meetings? 8 A. Yes. 9 Q. For what reason? 10 A. Commission meeting requires a police officer 11 to report -- 12 Q. Uh-huh. 13 A. -- on status of police activities during the 14 month. 15 Q. Okay. 16 A. And also for maintenance of order. 17 Q. All right. And is there usually more than 18 one police officer at these meetings? 19 A. There's usually two. 20 Q. Okay. I want to go to, I guess, September 21 22nd of 2015, okay? Do you remember that meeting? 22 That's the night that this stuff happened with Mr. 23 O'Boyle. 24 A. I did not recall the date until you just said 25 it. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 9 1 Q. Okay. But do you remember that particular 2 meeting? 3 A. I don't recall the meeting. 4 Q. Yeah. 5 A. I recall the event where Mr. O'Boyle was on 6 the floor. 7 Q. Okay. 8 A. That's about all I remember of that meeting. 9 Q. Okay. Do you remember anything about Mr. 10 O'Boyle speaking, saying anything at that meeting 11 that you can recollect right now? 12 A. I don't recall. 13 Q. Okay. Now, that wasn't -- 14 You've known Mr. O'Boyle for a number of 15 years? 16 A. Yes. 17 Q. How many years would you say you've known 18 Marty? 19 A. Maybe 15. 20 Q. Okay. Is he a neighbor of yours as well? 21 A. He is. 22 Q. Okay. Do you see him, you know, when you're 23 out and about in Gulfstream or going by your house, 24 his house? Do you ever see him? 25 A. Interestingly, no. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 10 1 Q. Okay. 2 A. I think I've seen him drive by. Like, we've 3 come out of our driveways about the same time -- 4 Q. Okay. 5 A. -- maybe once or twice in all the time I've 6 known him. 7 Q. No reason to have any conversation with him? 8 A. No. 9 Q. Okay. Now, I know that there's been a lot 10 that has gone on both before and after this event 11 concerning Marty's involvement in public record 12 requests; is that correct? 13 A. Yes. 14 Q. Okay. You're familiar with what they are; is 15 that right? 16 A. I am. 17 Q. Okay. As I understand them, some of these 18 public record requests end up costing the Town of 19 Gulfstream some money in terms of having to respond 20 to them, having to deal with them and in some cases 21 having to litigate them; is that correct? 22 A. That's a fair statement. 23 Q. Okay. Are you familiar -- and I don't mean 24 every one -- but are you familiar with the fact that 25 there have been a significant number of public Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 11 1 records requests filed by Mr. O'Boyle or Mr. 2 O'Boyle's law firm? 3 MR. SWEETAPPLE: Form. 4 BY MR. SALNICK: 5 Q. Mr. O'Boyle's son's law firm. Mr. O'Boyle is 6 not a lawyer. Are you familiar with that? 7 A. Yes. 8 Q. Okay. And do you participate in any way as a 9 lawyer or just because you're the mayor and it's 10 your city, you have to respond? 11 A. What do you mean by that? 12 Q. In other words, you happen to be an attorney, 13 okay. You're now in business; you told me you don't 14 practice law. But when these lawsuits happen, are 15 you in the capacity of a witness? Do you serve in 16 the capacity as an attorney? What's your role when 17 these things happen? 18 A. I'm a commissioner. 19 Q. Okay. 20 A. And also the mayor. 21 Q. Okay. So I make a public records request. 22 What's your function in it when that's made? 23 A. There's no function, per se. 24 Q. Okay. Okay. Now, I know from reviewing some 25 of the records in the Town of Gulfstream there Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 12 1 are -- there have been times when you send reports 2 out to the Gulfstream residents kind of letting them 3 know what's going on. Let me show you one and just 4 tell me is this -- this is -- we can mark this as 5 Defense Exhibit 1. I'll provide you a copy. 6 This is just a letter that says Town of 7 Gulfstream. And my question is, is that something 8 you would send out regularly to Gulfstream 9 residents? 10 A. Yes. I try to send out letters periodically 11 to update the town on things that are transpiring 12 within the town which I think are important for the 13 residents to know. 14 (Defendant's Exhibit No. 1 was marked for 15 identification.) 16 BY MR. SALNICK: 17 Q. Okay. And is that done after every meeting 18 or just periodically? 19 A. No. Periodically. 20 Q. Okay. I think -- do I have another one here? 21 I have another one dated February 7, 2018. So they 22 go out when you have things to tell the residents; 23 is that correct? 24 A. Yes. There's no set time for it. 25 Q. Okay. I'm not implying you have to. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 13 1 A. There's no requirement that be done. I just 2 like to communicate with the residents and feel that 3 every three, four, five, six months there should be 4 some updating on what the town is doing. 5 Q. Okay. And do you write these letters, or 6 does someone on your staff write these letters for 7 you? 8 A. No. I write them. 9 Q. Okay. So every word on here comes from you? 10 A. Generally. I may have them reviewed -- 11 Q. Okay. 12 A. -- by counsel. 13 Q. Okay. 14 A. I may review them with the town manager or 15 the town clerk. 16 Q. Okay. 17 A. But generally I write them. 18 Q. Who's the town manager now? 19 A. Greg Dunham. 20 Q. At the time it was a gentleman named 21 Thrasher? 22 A. What time? 23 Q. When in -- 24 A. Time of this letter? 25 Q. In September of 2015 when this incident Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 14 1 happened, was Mr. Thrasher the town manager? 2 A. Bill Thrasher was the town manager. 3 Q. Would he have been at the same commission 4 meeting that night when this occurred? 5 A. Normally he would be. I don't recall if he 6 was at that meeting or not. 7 Q. Okay, all right. Let's just talk a little 8 bit about that meeting that night, if you remember. 9 If you don't, I understand. 10 I'm told that somewhere outside, maybe in the 11 hallway or somewhere, there was kind of a board that 12 listed the different lawsuits that Mr. O'Boyle and I 13 think even Mr. O'Hare were involved in. They were 14 written on some kind of cardboard or something with 15 the different names that they utilized. Are you 16 familiar with that? 17 A. In general. I don't know if it was lawsuits, 18 public records requests. 19 Q. I misspoke. It may be public records 20 requests. 21 A. Yes. They were in the vestibule outside the 22 commission chamber. 23 Q. All right. Were they prepared in 24 anticipation of that meeting that night? 25 A. I don't know when they were prepared. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 15 1 Q. Okay. Can I ask you if you know why they 2 would have been out there in the vestibule? 3 A. Yes. 4 Q. Okay. Why were they out there in the 5 vestibule? 6 A. Because I asked that they be placed there. 7 Q. Okay. Tell me what the purpose was though. 8 That's what I'm getting at. 9 A. You said an afternoon meeting in September, 10 so that would have been a budget meeting. 11 Q. Okay. 12 A. At the budget meetings we obviously discuss 13 the budget and I am -- my recollection is that the 14 legal fee portion of the budget had risen 15 substantially, whether it was the year before or 16 that particular year, it either rose or remained 17 high -- 18 Q. Okay. 19 A. -- and I felt the residents should understand 20 the main reason for those high legal fee costs in 21 the budget was primarily the O'Hare/O'Boyle public 22 records cases, the litigation, the requests that 23 were overwhelming the town at that time. 24 Q. Okay. 25 A. And so I believe that those boards reflected Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 16 1 the source of public records requests, the number of 2 them, who was filing them. There may have also been 3 lists of lawsuits, because there were quite a few 4 lawsuits, but I wanted to do it to inform the town. 5 Q. Okay. Do you remember who prepared it for 6 you? 7 A. I don't recall who -- 8 Q. Okay. 9 A. -- who did it. 10 Q. All right. But it was in the vestibule so 11 those attending the meeting could see either the 12 lawsuits, the public records requests and what was 13 being spent? 14 A. So they could see what was involved in the 15 public records -- 16 Q. Okay. 17 A. -- responses and the litigation involving 18 those public records. 19 Q. Okay. Help me out, 'cause I don't understand 20 this as good as I should. When someone makes a 21 public records request, how is it that great 22 expenses are generated, let's say, for Gulfstream? 23 You can give me an example. It doesn't have to be a 24 particular one, but you obviously made a list of 25 things where the town was spending money because of Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 17 1 it. How is it that expenses are generated? 2 A. Well, public records requests could be 3 something very simple -- 4 Q. Okay. 5 A. -- such as a copy of a water bill. That 6 would be very easy and simple to provide. 7 Q. Okay. 8 A. Or it could be complicated. And the 9 O'Boyle/O'Hare actions were designed to 10 overcomplicate and overwhelm the town, so that 11 generally we needed to have counsel review most, if 12 not all, of the public records requests that came in 13 from the O'Boyle factions. 14 Q. To determine if those materials could be 15 turned over? 16 A. Not necessarily. To determine how to respond 17 to them, because the requests could be extremely 18 broad, could be vague and could be -- not could be. 19 Were designed to create a mistake, a failure or in 20 some other way allow the O'Boyle factions to 21 generate a lawsuit for which they would seek money 22 from ours as well as other municipalities. 23 Q. In other words, if the materials were not 24 turned over. 25 A. Well, not entirely. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 18 1 Q. Explain to me what you just said though. 2 That's what I'm trying to understand. That if -- 3 let's use the Mr. O'Boyle faction. They make a 4 public records request that is enormous, because of 5 the way you explained it. You have counsel, whether 6 it's Mr. Sweetapple or someone else, reviewing it. 7 Obviously that generates fees, it generates hours. 8 But how does a lawsuit come out of that? Tell me 9 that. 10 A. Well, you might get a lawsuit because it, in 11 their opinion, took too long to respond. 12 Q. Okay. 13 A. Or it didn't provide documents that they felt 14 should be provided -- 15 Q. Okay. 16 A. -- or redacted sections that they felt 17 shouldn't be redacted -- 18 Q. All right. 19 A. -- or X, Y and Z. It could be a number of 20 reasons. 21 Q. I get it. So it wouldn't necessarily mean -- 22 the lawsuit isn't because you didn't do something; 23 it's because they weren't satisfied with what was 24 done. 25 A. Could be either, both or something else. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 19 1 Q. Okay. And, of course, when those lawsuits 2 were filed by outside people, the town would have to 3 defend them; is that correct? 4 A. Yes. 5 Q. Okay. And that also generated fees. 6 A. Yes. 7 Q. All right. I just wanted to understand it as 8 simply as I possibly could. 9 MR. SWEETAPPLE: Well, Mr. O'Boyle 10 could give you a class on it. 11 BY MR. SALNICK: 12 Q. At some point was there a lawsuit filed by 13 the town against Mr. O'Boyle? Wasn't there a 14 racketeering or RICO lawsuit filed? 15 A. There was a counterclaim filed against him. 16 Q. Okay. 17 A. There was a RICO action filed against a 18 number of parties, including Mr. O'Boyle. 19 Q. Okay. And that was done by the, by the town 20 as a result of some of these public records 21 requests? 22 A. The town was a plaintiff in that case. 23 Q. Okay. Have all of those since been settled? 24 A. All of what? 25 Q. The RICO or the racketeering, have they been Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 20 1 settled? Were they dismissed? What was the result? 2 Let's say the ones against Mr. O'Boyle. 3 A. The RICO action was dismissed. 4 Q. Okay. What else happened with the town being 5 a plaintiff as a result of that? Was there more to 6 that lawsuit besides RICO? 7 A. I believe there were other causes of action 8 in it, but I don't recall. 9 Q. Okay. Did the town ultimately settle with 10 Mr. O'Boyle on a number of them? 11 A. On the case, the RICO case -- 12 Q. Yeah. 13 A. -- that was dismissed? No. 14 Q. Okay. Has the town settled with Mr. O'Boyle 15 on other lawsuits that began as a result of a public 16 records request? 17 A. I don't know if it was because of a public 18 records request, but there was a settlement -- 19 Q. With Mr. O'Boyle? 20 A. -- with Mr. O'Boyle, I believe, in 2013. 21 Q. Okay. Now, let's go back to September 22nd, 22 2015, which is really one of the main reasons I 23 asked you to come here. You were at the meeting 24 that night, correct? 25 A. Yes. That's the meeting that we're talking Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 21 1 about where this, where he was on the floor. 2 Q. Where that event occurred, okay. 3 A. Yes. 4 Q. Now, did you see Mr. O'Boyle that evening or 5 that afternoon prior to anything happening? In 6 other words, the first time you saw him was he on 7 the floor or did you see him earlier? 8 A. I don't recall. I assume he was in the 9 commission meeting. 10 Q. Okay. You sit in there; is that right? 11 A. Of course. 12 Q. Okay. Are you in charge of it? Do you 13 preside over it? 14 A. Yes. 15 Q. Okay. As you sit here now, can you tell me 16 whether you remember seeing Mr. O'Boyle in the 17 commission meeting? 18 A. I'm sure he was there. 19 Q. Okay. 20 A. I do not -- I cannot in my mind picture him 21 there without looking at the minutes or the 22 transcript -- 23 Q. Okay. 24 A. -- or the videotapes. 25 Q. And sometimes people say things in meetings Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 22 1 that are memorable. Do you remember if Mr. O'Boyle 2 said anything at that meeting that night inside the 3 commission, in the chambers where the meeting was 4 going on that you recollect? 5 A. Not without looking at the videotape -- 6 Q. Fair enough. 7 A. -- or reading the transcript. 8 Q. Okay. The incident where Mr. O'Boyle ended 9 up on the floor, okay, regardless of how we think he 10 ended up on the floor, that incident, did you see it 11 happen? 12 A. No. 13 Q. Okay. You don't know anything about it other 14 than what you have been told? 15 A. That's correct. 16 Q. Okay. Have you watched it on video? 17 A. I have not. 18 Q. Okay. That night in terms of police 19 officers -- and I'm going to show you a short video 20 in a minute. In fairness to you, I'm not going to 21 just ask you to remember. But Mr. Passeggiata was 22 there, Sergeant Passeggiata; do you remember that? 23 A. Yes. 24 Q. And Lieutenant Allen was there? Is he now 25 the police chief? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 23 1 A. He is Chief Allen. 2 Q. Okay. 3 A. I believe he was there. 4 Q. And the gentleman whose name I forget who is 5 sadly deceased who was your chief. 6 A. Chief Garrett Ward. 7 Q. Okay. They were all there that night, as I 8 recall, from looking at the video and from taking 9 their depositions previously. 10 Is there a reason they were all there? I 11 know you said it was a budget meeting or something. 12 Is there significance why the chief would be there, 13 why Lieutenant Allen would be there, why Sergeant 14 Passeggiata would be there? 15 A. Chief would normally be there. 16 Q. Okay. 17 A. And the lieutenant would also -- likely to be 18 there as well because of budgetary questions. 19 Public -- there's a period of public comment and 20 discussion -- 21 Q. Okay. 22 A. -- at the budget meetings that are held in 23 the afternoon. 24 Q. Okay. 25 A. As opposed to our regular commission meetings Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 24 1 that are held on Friday mornings. 2 Q. Okay. 3 A. So you would want to have administrative 4 personnel from the police department there to answer 5 questions. Mr. -- sergeant I believe you said. 6 Q. Sergeant, he was then Sergeant Passeggiata? 7 A. Passeggiata likely was -- we probably had a 8 videotape going -- 9 Q. Okay. 10 A. -- on to record the meeting. He was probably 11 operating that. 12 Q. Okay. 13 A. So that would account for the three of them, 14 I would think. 15 Q. Are the meetings routinely videod? 16 A. Yes. 17 Q. Okay. The meetings are not videod because of 18 anything Mr. O'Boyle has done, are they? 19 A. Actually, I think that's why we had started 20 videoing them. 21 Q. Tell me about that, please. Give me your 22 words why. In other words, if it had something to 23 do with Mr. O'Boyle, what is it about Mr. O'Boyle 24 that caused the town to make the decision to video 25 the meetings? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 25 1 A. I don't believe there were videotapes of 2 meetings when I first became a commissioner. 3 Q. Okay. 4 A. I believe it was shortly thereafter, because 5 O'Boyle and/or O'Hare would videotape the meetings, 6 and my recollection is -- again, I'm not positive 7 about this, but that they were, they would refer to 8 tapes in their public records requests and -- 9 Q. Okay. 10 A. -- we could not get access to their tapes and 11 it became problematic in a legal sense. But in 12 addition to that, O'Boyle had become, and O'Hare, 13 had become more and more vocal at the meetings and 14 at times were disruptive, and I felt that that 15 should be recorded by The Town who could do it 16 objectively and professionally -- 17 Q. Okay. 18 A. -- and not rely on whatever types of tapes 19 O'Hare or O'Boyle would have been making. 20 Q. Okay. And meetings are now -- 21 A. In addition to that -- 22 Q. Sorry, go ahead. 23 A. I felt that the town had a right to know what 24 was going on at the meetings, just like the letters. 25 Q. Okay. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 26 1 A. I believe that it's important to communicate 2 to the residents that which is going on in the town, 3 particularly if it is costing the town residents 4 money. 5 Q. Okay. 6 A. And I wanted to have tapes of the meetings 7 transcribed and put -- not transcribed, excuse me, 8 recorded. 9 Q. Recorded. 10 A. And put online -- not just for O'Boyle, but 11 so that our residents who often can't attend 12 meetings -- 13 Q. Uh-huh. 14 A. -- can watch them online. So partly it had 15 to do with O'Boyle and O'Hare, and partly it had to 16 do with just I felt the need to better communicate 17 to the town giving them access to our meetings and 18 what was transpiring. 19 Q. Okay. And it's still done now as a 20 regular -- 21 A. Yes, it is. 22 Q. Okay. Do Mr. O'Hare or Mr. O'Boyle still 23 come to the meetings? 24 A. O'Hare has not been there in quite sometime. 25 O'Boyle I don't recall the last time he was there. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 27 1 Q. Okay. 2 A. But it was more recent than O'Hare. 3 Q. What I have in front of you is just one of 4 the informational letters that you send to the 5 Gulfstream residents. This one happens to be dated 6 March 26th, 2015. So that would be before the 7 incident with Mr. O'Boyle if we take the date of 8 September 22nd, 2015, okay? 9 A. Okay. 10 Q. In the normal course of you doing things he 11 just -- I know you describe a lot of things in here 12 that go on. I think the next to the last paragraph 13 there's a discussion about Mr. O'Boyle and Mr. 14 O'Hare that's just you informing the town of what's 15 going on with them with respect to the litigation. 16 A. Yes. 17 Q. And if you want to read it first, please. 18 Please, by all means. 19 A. Well, your question is to inform the town 20 about what was going on with O'Boyle. 21 Q. Badly worded question. In this paragraph, in 22 all the paragraphs you describe various things that 23 are going on within Gulfstream. In this particular 24 paragraph you talk about O'Boyle, you talk about 25 O'Hare and their efforts to make public records Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 28 1 requests and you describe it -- the way it's 2 described in this paragraph, okay, is that -- 3 And I asked you before, were these your words 4 and you said, yes, but you often show them to 5 perhaps someone else to make sure that it's okay. 6 But that paragraph on this letter, would that be 7 accurate? Please take a look. You don't have to 8 read it out loud. Take a look at it and let me 9 know. 10 A. You mean would a comment that I made to the 11 town be accurate? 12 Q. Is that comment accurate as to what was going 13 on at the time? 14 A. I'll read it just to make sure. 15 Q. Absolutely. 16 A. But I'm confident the answer would be yes. 17 Q. Is that accurate, what you put in there? 18 A. Yes, it is. 19 Q. All right. And I guess then there's one, if 20 we go forward. Let me find this other one here. 21 This -- I mean -- you could look at what time I got 22 it. See, I've never had it before that. 23 MS. BLOOM: Oh, from Mr. Ring 24 (phonetic). 25 MR. SALNICK: I show you everything. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 29 1 BY MR. SALNICK: 2 Q. Okay. This one's dated February 7, 2018, and 3 this again is another letter that looks like you 4 wrote to inform the Town of Gulfstream what's going 5 on. And, again, there's a paragraph -- 6 A. What would you like me to read? 7 Q. Feel free to look at what I marked. Okay, is 8 that again -- 9 A. Third page, second to last paragraph? 10 Q. Yeah. You're explaining again the status of 11 things with respect to O'Boyle and O'Hare? 12 A. Yes. 13 Q. Okay. That's all I wanted to know. 14 MR. SALNICK: We'll make this Defense 15 Exhibit 2. I'll get it to you, and I'll 16 get it to the prosecutor. 17 (Defendant's Exhibit No. 2 was marked for 18 identification.) 19 BY MR. SALNICK: 20 Q. Have you had any discussions, any discussions 21 that you are allowed to have with Mr. O'Boyle about 22 any of this stuff? Have you ever discussed his 23 lawsuits with him, whether it's at a meeting, 24 whether it's in some official capacity? Have you 25 had any discussion was him over the years? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 30 1 A. Sure. 2 Q. Okay. Have you ever asked him why he's doing 3 this? 4 A. I don't have a specific recollection. 5 Q. Okay. 6 A. That's the kind of question I would ask. 7 Q. Okay. Do you have a specific recollection of 8 what his answer might be? 9 A. I don't. I've talked to Marty many times. 10 Q. Okay. Now, in your capacity as mayor, when 11 you talk to Marty does that all have to be done in 12 the open? Isn't there a Sunshine Law issue here 13 anywhere? I'm not accusing; I'm just asking. 14 When you see Marty, if you saw him on the 15 street, could you talk to him about this, or would 16 it have to be in an official capacity? 17 A. Yeah, I don't know what you mean by this. 18 Q. Okay. Let me tell you more specific, okay? 19 If you were on the street, let's say you have a dog 20 and you were walking your dog, you saw Marty. Could 21 you say, "Marty, Marty, what are you filing these 22 things for? Why is this still going on?" 23 Can you talk to him specifically about what 24 he's doing, or does that have to be done at a 25 meeting in the chambers with the town present at a Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 31 1 scheduled meeting? 2 A. No, I think I could ask him. 3 Q. Okay, all right. Now, was there ever -- did 4 you ever have any discussion with Marty about the 5 criminal case that you recall? 6 A. About this case? 7 Q. Yes, the one that he's charged, that you 8 didn't see, but obviously you know he's charged 9 criminally as a result of what happened that night. 10 A. I'd never -- I never brought up the criminal 11 case, 'cause I don't know much about it. 12 Q. Okay. 13 A. He brought it up. 14 Q. Okay. In what context? 15 A. I've talked to Marty any number of times 16 about trying to bring resolution to the public 17 records lawsuits -- 18 Q. Okay. 19 A. -- and the filings against the town. 20 Q. Uh-huh. 21 A. And this goes over several years and in 22 different scenarios -- 23 Q. Okay. 24 A. -- sometimes over the telephone, sometimes 25 face-to-face privately and sometimes in conjunction Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 32 1 with counsel. 2 MR. SWEETAPPLE: And as to mediations, 3 I'd advise you not to disclose the content 4 of mediation. 5 MR. SALNICK: Listen to whatever your 6 attorney says. Give me whatever you're 7 willing to tell me that's subject to your 8 lawyer's advice. 9 THE WITNESS: And Marty, I recall him 10 saying at least once, and I'm trying to 11 remember when it was, but, "can't you do 12 something about that criminal case?" 13 BY MR. SALNICK: 14 Q. Okay. 15 A. "Get rid of it." 16 Q. Okay. Have you ever told him that if he 17 would deal with these lawsuits, you really don't 18 care about the criminal case? 19 A. I don't have a concern or care one way or the 20 other -- 21 Q. Okay. 22 A. -- about the criminal case. 23 Q. Okay. 24 A. I don't know much about it and it's not a 25 focus of my efforts to bring resolution to the Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 33 1 disputes between O'Boyle and the Town of Gulfstream. 2 That's up to the State Attorney. And I've told him 3 that. 4 Q. Are there still disputes going on between 5 O'Boyle and the Town of Gulfstream? 6 A. There are some remaining cases. 7 Q. Okay. Was there ever any discussions during 8 settlement talks about, "hey, can you get the 9 criminal case dropped as part of it," kind of like a 10 universal deal? 11 MR. SWEETAPPLE: Do not discuss 12 anything that was communicated during 13 mediation. But anything else you talked to 14 Marty outside of that setting you can 15 discuss. 16 THE WITNESS: When I spoke to him 17 privately at least once he would make the 18 comment that I told you previously. 19 BY MR. SALNICK: 20 Q. Okay. 21 A. Which was, "can't you get rid of the criminal 22 case? Get rid of it," and I would tell him what I 23 just told you. 24 Q. Okay. At any point in any statement that you 25 might have given, did you ever tell Marty directly Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 34 1 that he was a criminal or accuse him of being a 2 criminal? 3 A. I was deposed in a case and I think Marty was 4 the person questioning me -- 5 Q. Okay. 6 A. -- and I told him that. 7 Q. Okay. You basically accused him of engaging 8 in criminal activity? 9 A. Yes, I did. 10 Q. Okay. And was that in connection with the 11 RICO that you were deposed in? 12 A. I don't think it was on the RICO case. 13 Q. Okay. 14 A. I think it was a different matter. 15 Q. Okay. Would you have accused him of being a 16 criminal or engaging in criminal activity on more 17 than one occasion? 18 A. I recall it in this deposition. 19 Q. Okay. 20 A. I probably made the comment elsewhere -- 21 Q. Okay. 22 A. -- to him 'cause I've spoken to him many 23 times. 24 Q. Did you ever tell him that he's just trying 25 to get legal fees and money as a result of what he's Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 35 1 doing, words to that affect, if not the exact words? 2 A. Yes, yes. 3 Q. Okay, all right. Now let's go back, that 4 night, back to September of 2015. You told me -- 5 MR. SWEETAPPLE: Was it night or 6 afternoon? It's not clear to me. 7 MR. SALNICK: I keep calling it at 8 night, but I'm not sure what time it was, 9 to be perfectly honest with you. 10 BY MR. SALNICK: 11 Q. Do you remember what time it was? 12 A. I don't. When I look at the photos, it looks 13 light out. And I don't have the police reports with 14 me, but I imagine -- 15 Q. 5:50, about 5:50. Between 5:50 and 6:30. 16 We'll use that window, and I won't hold you to a 17 specific time. You told me you didn't see it. You 18 don't know what happened, correct? It meaning Marty 19 going to the ground. 20 A. Correct. 21 Q. Okay. Did you ever hear Marty say anything 22 that night to any police officers? Did you ever -- 23 were you within earshot of his conversation with any 24 police officers? 25 A. No. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 36 1 Q. Okay. Not the chief, not Mr. Passeggiata, 2 not Lieutenant Allen? 3 A. No. 4 Q. Okay. Did you ever see Marty that night in a 5 hostile way or engaging anything hostile with any 6 police officers? 7 A. Possibly, if he acted up in the commission 8 meeting -- 9 Q. Okay. 10 A. -- but I don't have a specific recollection. 11 I could take a look at the videotape. 12 Q. That would be great, but there's -- 13 Would he have disrupted the commission 14 meeting? Would he have stopped it? 15 A. He may have. 16 Q. Okay. 17 A. I don't recall, but his behavior sometimes 18 was disruptive. 19 Q. From what you were told, all of this stuff 20 happened with Marty going to the ground after the 21 meeting was over; people were on their way out? 22 A. I don't know that that's true. 23 Q. Okay. Would it have happened during the 24 meeting or you just don't know? 25 A. I don't know. I believe he left before the Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 37 1 meeting was over -- 2 Q. Okay. 3 A. -- but -- 4 Q. Are you a hundred percent sure about that? 5 A. I'm not a hundred percent sure. 6 Q. Fair enough. 7 A. I have a vague click in my mind of him 8 leaving before we concluded the meeting, but I'm not 9 positive about that. 10 Q. Okay. Anything about him falling to the 11 ground, how it happened, why it happened, you would 12 have heard that secondhand? 13 A. Yes. 14 Q. Okay. Would you have heard it from the 15 police, Mr. Thrasher, anyone else? 16 A. I would have heard it from one of the 17 policemen and/or Mr. Thrasher. 18 Q. Okay. Did you ever have a conversation with 19 Chief Ward about what happened? 20 A. Yes. 21 Q. What did he tell you? 22 A. I don't recall the details of it, but to the 23 best of my recollection, he said that Mr. O'Boyle 24 had come out, he was angry about the poster boards 25 and he took a marker or a pen out of his pocket and Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 38 1 tried to deface them, and he was told to stop, and 2 he then began swearing at the police officers. I 3 think there -- I think it was just Chief Ward was 4 trying to calm him down. 5 Q. Okay. 6 A. And he kept swearing and resisting, trying to 7 deface these boards, and so the chief said, "now you 8 must leave," something to that affect. 9 Q. Okay. 10 A. And he was difficult -- this is what Chief 11 Ward, I believe, told me. He was being difficult 12 about it, but they went to escort him out and as 13 they did that he collapsed to the floor, and I don't 14 know if he said something like, you know, "you 15 knocked me down or you pushed me" or something to 16 that affect. 17 Q. Okay. Do you have a recollection of 18 paramedics arriving to at least check him? 19 A. I do. 20 Q. Okay. Do you have a recollection of him 21 being taken to the hospital? 22 A. I don't know where he went. 23 Q. Okay. But the paramedics took him away? 24 A. Yes. 25 Q. Okay. Did Lieutenant Allen or Sergeant Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 39 1 Passeggiata relate to you what happened as well? 2 A. They may have; I don't recall. 3 Q. Okay. Your recollection is from Chief Ward? 4 A. I remember talking to Chief Ward about it. 5 Q. Okay. 6 A. And I don't know if it was that day or not. 7 Q. Okay. Now I want to show you just a little 8 snippet of a video and I want, I want you to help -- 9 it's no more than five minutes and 13 seconds, okay? 10 But I want you to help me find you in the video. 11 A. Okay. 12 Q. Maybe you're not there, but I'd look at it. 13 MR. SWEETAPPLE: If he's not there, are 14 you going to let him go? 15 THE REPORTER: Is there sound? 16 MR. SALNICK: I don't know, but you're 17 not going to be able to get it. We agree 18 she doesn't have to take this down? 19 MS. BLOOM: That's fine. 20 (A videotape was watched.) 21 BY MR. SALNICK: 22 Q. There's a little room there as we go through 23 that. What is that room? 24 A. That's a kitchen area. 25 Q. Do you recollect by seeing this if you were Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 40 1 in there or do you see you? 2 MR. SWEETAPPLE: This is being 3 transcribed now. This is part of the 4 deposition. 5 MR. SALNICK: That's fine. 6 THE WITNESS: There's the EMS. 7 BY MR. SALNICK: 8 Q. This would have been after, I guess, he went 9 to the ground. I'm just looking for you is what I'm 10 looking for. 11 MR. SWEETAPPLE: We can see him. We 12 can see there's a meeting going on. 13 THE WITNESS: I think the meeting's 14 over. 15 MR. SWEETAPPLE: Do you? 16 THE WITNESS: Because that looks like 17 the counsel for the town. 18 BY MR. SALNICK: 19 Q. Is that Lieutenant Allen there? 20 A. Yes. 21 Q. Chief Allen, okay. I should have put it on 22 the whole screen but I'm not technologically -- 23 MR. SWEETAPPLE: Join the club. 24 BY MR. SALNICK: 25 Q. I'll turn it off or erase it or do something. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 41 1 MS. BLOOM: When you say counsel, did 2 you mean Mr. Randolph? 3 THE WITNESS: Yes. 4 BY MR. SALNICK: 5 Q. Does that appear -- where Marty was, those 6 are the paramedics we were referencing? 7 A. Yes. 8 Q. Okay. Does this refresh your recollection to 9 help you remember whether you were talking to the 10 police at this point while this is going on; do you 11 know? 12 A. There's Chief Ward. 13 Q. Right. Chief Ward will walk out. Is that 14 the main chambers in here? 15 A. Yes. 16 Q. Okay. I guess that's Passeggiata. 17 A. Yes. 18 Q. Somebody closes the door and we know Allen 19 and Passeggiata are in there. We don't know if 20 you're in there, do we? 21 A. I don't see myself yet. 22 Q. Keep watching. This is all of five minutes. 23 That's it. It's not one of these two-hour tapes. 24 Is that the board, just a glimpse of the board? Did 25 you see that? Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 42 1 A. Plural. 2 Q. Boards, there's two of them there. Is that 3 what we were referring to before? 4 A. At least two. 5 MR. SWEETAPPLE: I saw three. 6 BY MR. SALNICK: 7 Q. One, two -- you know what -- 8 A. There's multiple boards. 9 Q. Okay. But those -- 10 A. Some of the -- some over there, I believe. 11 Q. Those are the boards that the chief told you 12 he was trying to deface? 13 A. Correct. I don't know if it was that 14 particular board. 15 Q. But those where the boards, when you talk 16 about boards, that he was defacing -- 17 A. I believe so -- 18 Q. -- trying to deface? 19 A. -- unless it was the one on the table. 20 Q. But one of them. 21 A. Yes. 22 Q. Now, who's that? Is that person familiar? 23 A. No. 24 Q. No? 25 A. Hu-huh. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 43 1 Q. Couldn't see his face? 2 A. I couldn't see him. 3 Q. Okay. 4 MR. SWEETAPPLE: Looked like maybe Lou 5 Rader (phonetic) to me. 6 THE WITNESS: It did look like him, 7 didn't it? 8 BY MR. SALNICK: 9 Q. Okay. Is that Mr. Thrasher? 10 A. That's Bob Ganger. 11 Q. Oh, Bob, okay. 12 A. That might be me in the window. 13 Q. Where? Point to where it might be you. 14 A. (Pointing). 15 Q. Okay. Is that that little kitchen room? 16 A. Yes. 17 Q. So if that's you, then that's you in there 18 with a couple of police officers? 19 A. Looks like -- would be. 20 Q. Is that -- 21 A. I think we saw a police officer in there, 22 town attorney. 23 Q. Okay. That's it. So that would be the only 24 time that we see you. 25 A. I don't know if this was me. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 44 1 Q. You think it was? 2 A. Kind of looked like it might be me. 3 Q. Okay. You don't go over to where Mr. O'Boyle 4 fell on the ground wherever? 5 A. I did. This was filmed after. 6 Q. Understood. Tell me about what you did. If 7 you didn't see it happen but Mr. O'Boyle is on the 8 ground at some point, when do you go over there? 9 A. My recollection is that the ambulance -- I 10 saw the lights coming into the -- 11 Q. Okay. 12 A. -- parking lot, which is behind town hall. 13 Q. Okay. 14 A. And the commission chamber is connected to 15 the kitchenette. 16 Q. Uh-huh. 17 A. And we typically after a meeting will chat 18 with residents in the commission chamber and then 19 exit the chamber through the kitchenette area -- 20 Q. Okay. 21 A. -- in the vestibule and then -- 22 Q. Just the officers or everybody? 23 A. Generally the commissioners, the town 24 manager, town attorney. 25 Q. Okay. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 45 1 A. And sometimes the police chief will use that 2 route to leave. 3 Q. So someone directed your attention to what 4 was going on. 5 A. I think I did -- my recollection is that I 6 saw the lights. 7 Q. Okay. 8 A. And I heard something was going on and I saw 9 the lights. I exited, I believe, it was the kitchen 10 area and not the main doors and O'Boyle was on the 11 ground. 12 Q. Did you ever talk to him when he was on the 13 ground? 14 A. I went over and said, "Marty, are you okay?" 15 Q. Okay. 16 A. And if he said something, I don't recall, 17 because the EMS were there -- they were there 18 essentially as I was kneeling down to check on him. 19 Q. Okay. Is that the only thing you said to 20 him? 21 A. Yeah, that's all I remember. 22 Q. Okay. And you don't remember him responding 23 in any way? 24 A. I don't remember him -- I don't remember him 25 responding. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 46 1 Q. Okay. And I'm sure you don't remember, but 2 I'm going to ask you anyway. When you went down and 3 asked him if he was okay, do you remember if there 4 were any police officers nearby? 5 A. I believe they were. 6 Q. Chief, Mr. Passeggiata, Mr. Allen? 7 A. I don't recall, but there were a number of 8 people out there. 9 Q. Okay. 10 A. Videographer was there, Marty's videographer 11 who films everything, probably took the film that we 12 just saw. 13 Q. Okay. 14 A. He was there videoing. 15 Q. Okay. 16 A. Which is why I thought it was odd. I thought 17 you were going to show me kneeling down with Marty 18 because -- 19 Q. If I had that, I would have shown it to you. 20 A. -- videoing everything. 21 Q. Okay. 22 A. And I believe there were a number of people 23 there, residents, I believe. I believe there were a 24 number of people in the vestibule when this 25 occurred. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 47 1 Q. Okay. But your recollection now from looking 2 at this little snippet is that the meeting was over? 3 A. Yes. 4 Q. Okay. So people would have been exiting in 5 the process of -- 6 A. I don't recall when that was, because it was, 7 it was obviously after I first saw Marty on the 8 floor, because this video showed him being wheeled 9 out to an ambulance. 10 Q. Do you ever remember Marty screaming before 11 anything happened? 12 A. No. 13 Q. Okay. I assume that the chamber and the 14 vestibule and kitchen is small enough that if I'm 15 out in the hallway there and I scream, assuming I 16 scream, you would be able to hear me in the chamber? 17 A. I don't know about that. 18 Q. Okay. Would depend? 19 A. I've never -- 20 Q. Hard to say? 21 A. I don't know. You would have to stand there 22 and scream and I'll tell you if I hear you. 23 Q. I'd have to do a demonstration, okay. 24 MR. SWEETAPPLE: You almost finished? 25 MR. SALNICK: I'm almost finished. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 48 1 MR. SWEETAPPLE: Okay, good. 2 MR. SALNICK: But I'm not quite 3 finished yet. 4 MR. SWEETAPPLE: Okay. 5 MS. BLOOM: Is there a case number that 6 can be referenced with the deposition that 7 you had been referring to? 8 MR. SALNICK: Yeah. Let me give it to 9 you. It is -- wait, wait, wait. It is 10 9-14 - I'll give it to you after so I 11 can -- here, just copy it if you want it. 12 I don't care. 13 BY MR. SALNICK: 14 Q. The deposition you gave, you don't remember 15 if that was in the context of the racketeering case 16 or some other lawsuit? 17 MR. SWEETAPPLE: You didn't get the 18 style? 19 MR. SALNICK: I didn't see the style. 20 What's the style on that? 21 MR. SWEETAPPLE: That looks like -- 22 MR. SALNICK: This one, Mark O'Boyle 23 versus Robert Sweetapple and Mayor Scott 24 Morgan. It doesn't say what the proceeding 25 was. There was more than one proceeding in Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 49 1 federal court, not just the racketeering? 2 MR. SWEETAPPLE: Marty's got cases all 3 over, so I couldn't tell you how many. 4 BY MR. SALNICK: 5 Q. Okay. Did anybody ever ask you or interview 6 you? Did the police ever ask you if you saw 7 anything that night, meaning when this incident 8 occurred on September 22nd, 2015? Were you ever 9 interviewed by the police after it happened? 10 A. I don't recall. 11 Q. Okay. Did you ever have a chance to talk to 12 Mr. Thrasher about what happened? 13 A. I don't recall. 14 Q. Okay. To your knowledge did Mr. Thrasher see 15 this occur; do you remember that? 16 A. I don't recall. 17 Q. Okay. Other than the chief, did anybody 18 discuss with you whether you initiated it, whether 19 they came up to you either at that time or another 20 time, their explanation of what happened? 21 A. I don't recall if I spoke to Lieutenant 22 Allen. 23 Q. Okay. 24 A. I remember speaking to Chief Ward. 25 Q. Okay. Let me just look at one or two other Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 50 1 things, and I think I'm just about done. 2 Was this whole RICO case about stopping the 3 public records threat by Marty or about saving 4 money, or was it both, saving money by the town? 5 MR. SWEETAPPLE: Form, form, form. 6 MR. SALNICK: You're not supposed to 7 object. 8 MR. SWEETAPPLE: I can object. 9 MS. BLOOM: Form. If this is used in a 10 civil proceeding at some point+ -- 11 MR. SWEETAPPLE: He didn't file the 12 lawsuit. It was filed by lawyers on behalf 13 of the town. 14 BY MR. SALNICK: 15 Q. Tell me something, was the lawsuit 16 concerning -- was the lawsuit about stopping his 17 public records request? 18 MR. SWEETAPPLE: Best evidence. 19 Lawsuit speaks for itself. You can 20 speculate all you want. 21 BY MR. SALNICK: 22 Q. You have no knowledge as to what the lawsuit 23 was about? 24 A. I'm happy to answer you, sir. 25 Q. Okay. Go right ahead. Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 51 1 A. He was involved in a racketeering enterprise 2 that involved his son, a host of other lawyers. He 3 had runners that would go out and gather information 4 that could be used to file public records requests 5 in fashions designed to generate money for a firm 6 that he ran, funded, and operated and directed as a 7 nonlawyer. I believed that he was involved in that 8 racketeering scheme. Believe it to this day. 9 Q. Was it Judge Marra that dismissed it? Do you 10 remember who the judge was? 11 A. I don't recall. 12 MR. SALNICK: Okay. Nicole, you have 13 any questions? 14 MS. BLOOM: No. 15 MR. SALNICK: I have nothing further. 16 THE WITNESS: Thank you, sir. 17 MR. SWEETAPPLE: Pleasure. Nice to 18 meet you. 19 MR. SALNICK: Nice to meet you, sir. 20 Take care. 21 THE REPORTER: Read or waive? 22 MR. SWEETAPPLE: He'll read it. 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 52 1 (The reading and signing of this 2 deposition is not waived.) 3 Witness excused. 4 (The deposition concluded at 3:00 p.m.) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 53 1 CERTIFICATE OF OATH 2 3 4 5 THE STATE OF FLORIDA: 6 COUNTY OF PALM BEACH: 7 8 I, the undersigned authority, certify 9 that SCOTT MORGAN personally appeared before me and 10 was duly sworn. 11 WITNESS my hand and official seal this 12 20th day of August 2018. 13 14 15 16 17 18 19 20 Lisa G. Simescu, RPR 21 Notary Public - State of Florida My Commission No.: GG2822 22 Expires: July 13, 2020 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 54 1 CERTIFICATE 2 3 I, Lisa G. Simescu, Notary Public in and 4 for the State of Florida at Large, do hereby certify 5 that the foregoing deposition was taken before me in 6 this cause at the time and place and in the presence 7 of counsel as shown herein; that the foregoing pages 8 contain a true and correct transcription of the 9 testimony of said witness. 10 I hereby certify that I am neither 11 attorney for any party, nor am I related to or 12 employed by any attorney or party connected with the 13 action, nor am I financially interested in the 14 action. 15 16 20th day of August 2018. 17 18 19 20 Lisa G. Simescu, RPR 21 Notary Public State of Florida at Large 22 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 55 1 RULE 1.310 FLORIDA RULES OF CIVIL PROCEDURE PROVIDES: 2 (e) Any changes in form or substance which 3 the witness desires to make shall be entered upon the deposition by the officer with a statement of 4 the reasons given by the witness for making them. 5 PAGE LINE CHANGE REASON 6 7 ____________________________________________________ 8 ____________________________________________________ 9 ____________________________________________________ 10 ____________________________________________________ 11 ____________________________________________________ 12 ____________________________________________________ 13 ____________________________________________________ 14 ____________________________________________________ 15 ____________________________________________________ 16 ____________________________________________________ 17 ____________________________________________________ 18 ____________________________________________________ 19 ____________________________________________________ 20 ____________________________________________________ 21 ____________________________________________________ 22 ____________________________________________________ 23 ____________________________________________________ 24 ____________________________________________________ 25 ____________________________________________________ Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 56 1 C E R T I F I C A T E 2 - - - 3 THE STATE OF FLORIDA) 4 COUNTY OF PALM BEACH) 5 I hereby certify that I have read the 6 foregoing deposition by me given, and that the 7 statements contained herein are true and correct to 8 the best of my knowledge and belief, with the 9 exception of any corrections or notations made on 10 the errata sheet, if one was executed. 11 12 Dated this_____day of_________ 2018. 13 14 15 16 17 18 _____________________________________ 19 SCOTT MORGAN 20 21 22 23 24 25 Prose Court Reporting Agency, LLC Phone (561) 832-7500 Scott Morgan 57 1 August 20, 2018 2 State v. O'Boyle Deposition transcript of Scott Morgan, taken on 3 August 7, 2018 4 Dear Mr. Sweetapple: 5 The referenced transcript has been completed and awaits reading and signing. Please have your 6 client review your copy of the transcript at your convenience, or if a copy was not ordered, call our 7 office to schedule an appointment to have your client come to our office to read and sign the 8 transcript. If desired, your client may also opt to waive 9 signature. If so, please have your client sign their name at the bottom and mail to our office to 10 be attached to the original transcript. If the transcript is not reviewed and signed 11 within 30 days, the original, which has been sent to the ordering attorney, may be filed with the Clerk 12 of the Court. 13 Very truly yours, 14 ______________________________ Lisa G. Simescu, RPR 15 16 I hereby waive my signature: 17 ______________________________ 18 CC: All counsel of record 19 20 21 22 23 24 25 Powered by TCPDF (www.tcpdf.org) Prose Court Reporting Agency, LLC Phone (561) 832-7500 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. Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) 1 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 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. 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 Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax 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. Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) 1 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 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. 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 0 Boyle Case 15-1672 Attachments: image003 jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE -MARTIN OBOYLE.pdf; ATT00002.htm Let's talk about this tomorrow. JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 I joconnorQjonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center 'Power, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www..ionesfoster.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 0 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 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@ionesfoster.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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 7 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Tuesday, December 22, 2015 4:32 PM To: joconnor@jonesfoster.com; Rita Taylor; 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 Attachments: image003jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE -MARTIN OBOYLE.pdf; ATT00002.htm 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 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@ionesfoster.com> Date: December 22, 2015 at 4:03:34 PM EST To: "frank@dennisroot.com" <frank@dennisroot.com>, "saInick law@aol.com" <salnicklaw@aol.com> Cc: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor(a jones foster. corn )ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Vest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and mal 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(gbgulf-stream.org; JShandCc)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 0 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 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 Whone 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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001Jpg> Joanne M. O'Connor attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnorgj ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, A\ est Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may dela} 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(a�gulf-stream.org; JShand@)sfblaw.net; michael salnick; wring(a)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone 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: `shand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@jonesfoster.com>, "Macfarlane, Mary" <MMacfarlane@lonesfoster.com> 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne. M. O'Connor Attorney Direct I)ial: 561.650.0498 1 Fax: 561.650.5300 toconnor&ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Palm Beach, Florida 33401 561-659-3000 1 wwwJ ones foster. corn Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and map 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 [mailta:fran k@dennisroot.com] Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor gulf-stream.org; JShand(asfblaw.net; michael salnick; wring(d)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone Begin forwarded message: From: "OConnor, Joanne M." <JOConnor@ionesfoster.com> Date: December 22, 2015 at 4:03:34 PM EST To: "frank@dennisroot.corn" <frank@dennisroot.com>, "salnicklaw@aol.com" <salnicklaw@aol.com> Cc: "jshand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph @ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 201 S 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fal: 561.650.5300 1 joconnorgjones foster. com )ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may dela}- 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, ani, review, dissemination, or copying of this email is prohibited. Please immediately noti6l us by email and delete the original message. From: Frank Ranzie [mailto_frankC�dennisroot.com] Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor@gulf-stream.org; JShand@sfblaw.net; michael salnick; wrinci0oboylelawfirm.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 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 Whone 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@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, December 23, 2015 12:11 PM To: Frank Ranzie; Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com Cc: Kelly Avery Subject: RE: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor&j ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center To -,ver, 505 South hlagler Drive, Suite 1100, «'est Palm Beach, Florida 33401 561-659-3000 1 wwwJonesfoster.com Incoming emails are filtered which mai delay- receipt. This email is personal to the named recipient(s) and mai- be privileged and confidential. If you are not the intended recipient, you received this in error. If so, an�� 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 0 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 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 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: "ishand@sfblaw.net" <jshand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561..650.0498 1 Fal: 561.650.5300 I joconnorgj onesfoster.com ]ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Patin Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and mav� be privileged and confidential. If you are not the intended recipient, you received this in error. If so, anN review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Frank Ranzie [mailto:fran kCabdennisroot.comj Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor gulf-stream.org; JShand(a)sfblaw.net; michael salnick; wring(d)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone Begin forwarded message: From: "OConnor, Joanne M." <JOConnor@ionesfoster.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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 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 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 From: scottmorgan75@gmail.com \[mailto:scottmorgan75@gmail.com\] Sent: Monday, November 6, 2017 5:12 PM To: Marty O'Boyle 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 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!  2 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. 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 3 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 Renee Basel From:scottmorgan75@gmail.com Sent:Thursday, April 18, 2019 4:06 PM To:Trey Nazzaro Subject:Fw: SOF v OBoyle 2015MM012872AXX Attachments:Scan_0001.pdf Here is an email relating to the 2015 incident at town hall, although it copies in my lawyer so I’m not sure if it is considered a public record or not. From: scottmorgan75@gmail.com Sent: Thursday, August 23, 2018 10:59 AM To: production@prosecra.com ; lwills@sweetapplelaw.com Subject: SOF v OBoyle 2015MM012872AXX Hello—signature waiver form attached. 1 Renee Basel From:Trey Nazzaro Sent:Wednesday, November 1, 2017 1:55 PM To:OConnor, Joanne M. Subject:RE: Gulf Stream th Yes that is the caption, Nicole Bloom is the ASA. However the caption on the subpoena I looked at says 15 judicial circuit Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, November 1, 2017 1:44 PM To: Trey Nazzaro Subject: RE: Gulf Stream Is it state v. Martin O”Boyle? 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 1:36 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Re: Gulf Stream This message originated from outside your organization 1 2015MM012872Axxx From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, November 1, 2017 1:10:04 PM To: Trey Nazzaro Subject: RE: Gulf Stream Do you have the case number/style of the criminal case? 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 12:56 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: Gulf Stream This message originated from outside your organization Joanne, Regarding the SA you sent on Friday for me and Jeff to review. Paragraphs 2 and 4 can be removed as they referred to the “joining parties” which I now understand is not where we want to go with this document. Any attorney additions to the release in paragraph 5 need to also be added after the “except that” clause so that the Town does not release anyone without the “dissolving release” in place. The order/judgment payment waiver in the last sentence of paragraph 7 is too broad, it needs to be related to the litigated matters or some other limiting language. As it reads it would be for any future litigation at any time related to anything. I agree with Jeff re paragraph 10. Paragraph 14 can be modified to remove the language related to the joining parties. Thanks, 2 Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, November 1, 2017 10:00 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulf Stream 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: Jeff Hochman \[mailto:hochman@jambg.com\] Sent: Friday, October 27, 2017 6:57 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Nicole Fox <Fox@jambg.com> Subject: Re: Gulf Stream This message originated from outside your organization Joanne: I noticed that section 10 has been modified so that Mr. O'Boyle will be able to assert fee claims under various fee shifting statutes like 42 U.S.C. §1988 in future litigation. I would prefer that such a modification be rejected and that the Town secures an agreement from Mr. O'Boyle that it will not be subjected to any fee shifting provisions in future litigation with him or his entities. As to section 19, I would propose the following lanaguage: 3 ___________________________ "The TOWN OF GULF STREAM, O'BOYLE, and any of the Joining Parties may amend this Settlement Agreement only by entry into a written amendment agreement ("Amendment"). The terms of any such Amendment will be binding upon each individual and each entity that signs the Amendment, but such Amendment will not binding on any other individual or entity. Instead, the terms of this Settlement Agreement will remain binding on each such non-signing individual and/or entity. Moreover, no such Amendment may be executed in counterparts. Instead, the signature of each individual and/or entity entering into an Amendment must appear of the same original Amendment and each duplicate (if duplicates of the original Amendment are prepared) before such Amendment becomes effective." ____________________________ Jeff Jeffrey L. Hochman, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Office: (954) 463-0100 ext. 2917 Fax: (954) 463-2444 Hochman@jambg.com On Fri, Oct 27, 2017 at 5:41 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Please review and let me have your thoughts. I would like to circulate to MOB before he revises. The one item he requested that I do not have and would appreciate suggested language is in para 19 – he wanted to provide that if any parties to SA want to amend it that amendment only modifies as to those parties. Since only real parties are Town and MOB or Entities, we also should include that any modification does not require consent of and shall not bind the Joining Parties. 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 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. 5 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, November 1, 2017 1:45 PM To:Trey Nazzaro Subject:RE: Gulf Stream Follow Up Flag:Flag for follow up Flag Status:Completed And pending in Broward County Criminal Court? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 1:36 PM To: OConnor, Joanne M. Subject: Re: Gulf Stream This message originated from outside your organization 2015MM012872Axxx From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, November 1, 2017 1:10:04 PM To: Trey Nazzaro Subject: RE: Gulf Stream Do you have the case number/style of the criminal case? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 12:56 PM 1 To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: Gulf Stream This message originated from outside your organization Joanne, Regarding the SA you sent on Friday for me and Jeff to review. Paragraphs 2 and 4 can be removed as they referred to the “joining parties” which I now understand is not where we want to go with this document. Any attorney additions to the release in paragraph 5 need to also be added after the “except that” clause so that the Town does not release anyone without the “dissolving release” in place. The order/judgment payment waiver in the last sentence of paragraph 7 is too broad, it needs to be related to the litigated matters or some other limiting language. As it reads it would be for any future litigation at any time related to anything. I agree with Jeff re paragraph 10. Paragraph 14 can be modified to remove the language related to the joining parties. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, November 1, 2017 10:00 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulf Stream Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Jeff Hochman \[mailto:hochman@jambg.com\] Sent: Friday, October 27, 2017 6:57 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Nicole Fox <Fox@jambg.com> Subject: Re: Gulf Stream This message originated from outside your organization Joanne: I noticed that section 10 has been modified so that Mr. O'Boyle will be able to assert fee claims under various fee shifting statutes like 42 U.S.C. §1988 in future litigation. I would prefer that such a modification be rejected and that the Town secures an agreement from Mr. O'Boyle that it will not be subjected to any fee shifting provisions in future litigation with him or his entities. As to section 19, I would propose the following lanaguage: 2 ___________________________ "The TOWN OF GULF STREAM, O'BOYLE, and any of the Joining Parties may amend this Settlement Agreement only by entry into a written amendment agreement ("Amendment"). The terms of any such Amendment will be binding upon each individual and each entity that signs the Amendment, but such Amendment will not binding on any other individual or entity. Instead, the terms of this Settlement Agreement will remain binding on each such non-signing individual and/or entity. Moreover, no such Amendment may be executed in counterparts. Instead, the signature of each individual and/or entity entering into an Amendment must appear of the same original Amendment and each duplicate (if duplicates of the original Amendment are prepared) before such Amendment becomes effective." ____________________________ Jeff Jeffrey L. Hochman, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Office: (954) 463-0100 ext. 2917 Fax: (954) 463-2444 Hochman@jambg.com On Fri, Oct 27, 2017 at 5:41 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Please review and let me have your thoughts. I would like to circulate to MOB before he revises. The one item he requested that I do not have and would appreciate suggested language is in para 19 – he wanted to provide that if any parties to SA want to amend it that amendment only modifies as to those parties. Since only real parties are Town and MOB or Entities, we also should include that any modification does not require consent of and shall not bind the Joining Parties. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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. 3 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, November 1, 2017 1:44 PM To:Trey Nazzaro Subject:RE: Gulf Stream Is it state v. Martin O”Boyle? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 1:36 PM To: OConnor, Joanne M. Subject: Re: Gulf Stream This message originated from outside your organization 2015MM012872Axxx From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, November 1, 2017 1:10:04 PM To: Trey Nazzaro Subject: RE: Gulf Stream Do you have the case number/style of the criminal case? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 12:56 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: Gulf Stream This message originated from outside your organization 1 Joanne, Regarding the SA you sent on Friday for me and Jeff to review. Paragraphs 2 and 4 can be removed as they referred to the “joining parties” which I now understand is not where we want to go with this document. Any attorney additions to the release in paragraph 5 need to also be added after the “except that” clause so that the Town does not release anyone without the “dissolving release” in place. The order/judgment payment waiver in the last sentence of paragraph 7 is too broad, it needs to be related to the litigated matters or some other limiting language. As it reads it would be for any future litigation at any time related to anything. I agree with Jeff re paragraph 10. Paragraph 14 can be modified to remove the language related to the joining parties. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, November 1, 2017 10:00 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulf Stream Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Jeff Hochman \[mailto:hochman@jambg.com\] Sent: Friday, October 27, 2017 6:57 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Nicole Fox <Fox@jambg.com> Subject: Re: Gulf Stream This message originated from outside your organization Joanne: I noticed that section 10 has been modified so that Mr. O'Boyle will be able to assert fee claims under various fee shifting statutes like 42 U.S.C. §1988 in future litigation. I would prefer that such a modification be rejected and that the Town secures an agreement from Mr. O'Boyle that it will not be subjected to any fee shifting provisions in future litigation with him or his entities. As to section 19, I would propose the following lanaguage: ___________________________ "The TOWN OF GULF STREAM, O'BOYLE, and any of the Joining Parties may amend this Settlement Agreement only by entry into a written amendment agreement ("Amendment"). The terms of any such Amendment will be binding upon each individual and each entity that signs the Amendment, but such 2 Amendment will not binding on any other individual or entity. Instead, the terms of this Settlement Agreement will remain binding on each such non-signing individual and/or entity. Moreover, no such Amendment may be executed in counterparts. Instead, the signature of each individual and/or entity entering into an Amendment must appear of the same original Amendment and each duplicate (if duplicates of the original Amendment are prepared) before such Amendment becomes effective." ____________________________ Jeff Jeffrey L. Hochman, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Office: (954) 463-0100 ext. 2917 Fax: (954) 463-2444 Hochman@jambg.com On Fri, Oct 27, 2017 at 5:41 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Please review and let me have your thoughts. I would like to circulate to MOB before he revises. The one item he requested that I do not have and would appreciate suggested language is in para 19 – he wanted to provide that if any parties to SA want to amend it that amendment only modifies as to those parties. Since only real parties are Town and MOB or Entities, we also should include that any modification does not require consent of and shall not bind the Joining Parties. Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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. 3 Renee Basel From:Trey Nazzaro Sent:Wednesday, November 1, 2017 1:36 PM To:OConnor, Joanne M. Subject:Re: Gulf Stream 2015MM012872Axxx From: OConnor, Joanne M. Sent: Wednesday, November 1, 2017 1:10:04 PM To: Trey Nazzaro Subject: RE: Gulf Stream Do you have the case number/style of the criminal case? Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Trey Nazzaro \[mailto:TNazzaro@gulf-stream.org\] Sent: Wednesday, November 01, 2017 12:56 PM To: OConnor, Joanne M. Subject: RE: Gulf Stream This message originated from outside your organization Joanne, Regarding the SA you sent on Friday for me and Jeff to review. Paragraphs 2 and 4 can be removed as they referred to the “joining parties” which I now understand is not where we want to go with this document. 1 Any attorney additions to the release in paragraph 5 need to also be added after the “except that” clause so that the Town does not release anyone without the “dissolving release” in place. The order/judgment payment waiver in the last sentence of paragraph 7 is too broad, it needs to be related to the litigated matters or some other limiting language. As it reads it would be for any future litigation at any time related to anything. I agree with Jeff re paragraph 10. Paragraph 14 can be modified to remove the language related to the joining parties. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, November 1, 2017 10:00 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulf Stream Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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: Jeff Hochman \[mailto:hochman@jambg.com\] Sent: Friday, October 27, 2017 6:57 PM 2 To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Nicole Fox <Fox@jambg.com> Subject: Re: Gulf Stream This message originated from outside your organization Joanne: I noticed that section 10 has been modified so that Mr. O'Boyle will be able to assert fee claims under various fee shifting statutes like 42 U.S.C. §1988 in future litigation. I would prefer that such a modification be rejected and that the Town secures an agreement from Mr. O'Boyle that it will not be subjected to any fee shifting provisions in future litigation with him or his entities. As to section 19, I would propose the following lanaguage: ___________________________ "The TOWN OF GULF STREAM, O'BOYLE, and any of the Joining Parties may amend this Settlement Agreement only by entry into a written amendment agreement ("Amendment"). The terms of any such Amendment will be binding upon each individual and each entity that signs the Amendment, but such Amendment will not binding on any other individual or entity. Instead, the terms of this Settlement Agreement will remain binding on each such non-signing individual and/or entity. Moreover, no such Amendment may be executed in counterparts. Instead, the signature of each individual and/or entity entering into an Amendment must appear of the same original Amendment and each duplicate (if duplicates of the original Amendment are prepared) before such Amendment becomes effective." ____________________________ Jeff Jeffrey L. Hochman, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Office: (954) 463-0100 ext. 2917 Fax: (954) 463-2444 Hochman@jambg.com On Fri, Oct 27, 2017 at 5:41 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Please review and let me have your thoughts. I would like to circulate to MOB before he revises. The one item he requested that I do not have and would appreciate suggested language is in para 19 – he wanted to provide that if any parties to SA want to amend it that amendment only modifies as to those parties. Since only real parties are Town and MOB or Entities, we also should include that any modification does not require consent of and shall not bind the Joining Parties. 3 Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney 561.650.0498561.650.5300 Telephone: | Fax: | 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. 4 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, November 1, 2017 2:18 PM To:Marty O'Boyle; Jonathan O'Boyle; William Ring; Brenda Russell; Nick Taylor; Giovani Mesa; 'robertrivas@comcast.net' Cc:Jeffrey L. Hochman; Trey Nazzaro; Robert Sweetapple (rsweetapple@sweetapplelaw.com) Subject:RE: Gulfstream\\O'Boyle - Settlement Agreement Attachments:1TF8359-agreement settlement oboyle 11012017.RTF Gentlemen, The draft settlement agreement sent to me Monday is radically different from the relatively minor changes that were discussed by phone on Friday. Among other things, the latest draft has no releases of the Town (including having the Town release CAFI and not vice versa), purports to waive any party’s rights to sanctions for misconduct in future litigation (as opposed to statutory fee entitlements), does not appear to include all of the litigated matters at issue and is entirely confusing as to its definitions. (Please note that if CAFI is not included in the settlement agreement, I expect that the Town will be reluctant to settle if the pending CAFI public records cases are not first voluntarily dismissed). In good faith I have spent time addressing the comments raised Friday and I believe they are fully reflected in the attached revised agreement. I have removed CAFI as a signatory and removed Case No. 4474. I have also expanded the definition of O’Boyle Attorneys to include present and former attorneys, paralegals, employees etc. If you want to remove the concept of Joining Parties, I expect the Town would agree. That can be easily accomplished using the attached agreement. Given that we once again appear to be returning to the drawing board -- rather than finalizing an agreement such that the only limited issues to address at mediation with Judge Hazouri are those we previously discussed -- I have not yet noticed the mediation. And I have just been advised early this afternoon that having not received payment or a notice, Judge Hazouri has removed it from his Friday calendar. We are willing to mediate for an afternoon with Judge Hazouri but only if we first have an agreement that has been signed by Mr. O’Boyle. We must have assurance that if we take the agreement to the Town Council and it approves, this matter will be resolved fully and finally. In addition, my client has instructed that going forward any settlement discussions must go through Martin O’Boyle’s counsel, whether Bill or Rob, and be had with either Bob Sweetapple or Jeff Hochman for the Town. I have copied them on this email. If Mr. O’Boyle is agreeable to the attached or something similar and you think it can get done this afternoon, please reach out to Bob or Jeff and perhaps we can salvage the Friday time with Judge Hazouri if it is still deemed necessary. Thanks, Joanne Joanne M. O’Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com 1 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: Marty O'Boyle \[mailto:moboyle@commerce-group.com\] Sent: Monday, October 30, 2017 8:35 PM To: OConnor, Joanne M. Cc: Jonathan O'Boyle ; William Ring ; Brenda Russell ; Nick Taylor ; Giovani Mesa ; 'robertrivas@comcast.net' Subject: Gulfstream\\O'Boyle - Settlement Agreement This message originated from outside your organization Joanne: Attached is a redraft of the Settlement Agreement (the “SA”) which you sent to Bill Ring by email on October 26, 2017. It may be a bit rough. I need to go over it again. I am sending it to counsel for any comments that they may have. After much thought and considering all factors, including the carve-outs, I have simplified the SA. IN that connection, I point out the below, which I believe are the substantive changes to your draft (utilizing the same numbered paragraphs as in the attached): 2.I have provided a release to the Town, the Commissioners, etc. and the other Defendants in the various records suits. The schedule of open records cases (a draft is attached – please review) excludes Case #4474 as discussed. In this connection, I ask you to begin the preparation of Dismissals with prejudice with each party bearing its own fees and costs. 3.I have provided for a General Release from (what I have defined as) the “Gulf Stream Parties” to (what I have defined as) the “O’Boyle Parties”. The above changes emanate from my thoughts regarding the following: A.The issue with my Insurer. Assuming the attached draft works, that issue now goes away as an open issue. An alternative, suggested by Jeff Hochman, which you seemed to reject, would be an Indemnity. B.I have eliminated the concept of the “Joining Parties”. After much thought, it made the agreement much more complex than necessary. Any extraneous cases (e.g.: the Sweetapple Slander Case (the “SSC”)) could be handled separately. So that you know, I am open to discussing the SSC and any other extraneous cases, at any time, if requested to do so. Joanne, the attached should work. 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. 2 I am prepared to address any issues or items which you may raise to the extent not addressed or unsatisfactorily addressed in the attached document. Assuming (conceptually) that the attached is acceptable, as I see it, the only remaining issue is what we have been referring to as the “Jon” issue, which I hope to work out with your side and Judge Hazouri on Friday. Let’s get done!  Of course, the content of this email and the attached document are sent for discussion purposes; and neither party shall be bound by any settlement until the SA is properly signed by me and the Town. Thank you for working with me toward our common goal. 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 3 From:OConnor, Joanne M. on behalf of OConnor, Joanne M. <JOConnor@jonesfoster.com> To:Trey Nazzaro Subject:RE: Gulf Stream Date:Wednesday, November 1, 2017 1:44:31 PM Is it state v. Martin O”Boyle? 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: Trey Nazzaro [mailto:TNazzaro@gulf-stream.org] Sent: Wednesday, November 01, 2017 1:36 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: Re: Gulf Stream This message originated from outside your organization 2015MM012872Axxx From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, November 1, 2017 1:10:04 PM To: Trey Nazzaro Subject: RE: Gulf Stream Do you have the case number/style of the criminal case? 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: Trey Nazzaro [mailto:TNazzaro@gulf-stream.org] Sent: Wednesday, November 01, 2017 12:56 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Subject: RE: Gulf Stream This message originated from outside your organization Joanne, Regarding the SA you sent on Friday for me and Jeff to review. Paragraphs 2 and 4 can be removed as they referred to the “joining parties” which I now understand is not where we want to go with this document. Any attorney additions to the release in paragraph 5 need to also be added after the “except that” clause so that the Town does not release anyone without the “dissolving release” in place. The order/judgment payment waiver in the last sentence of paragraph 7 is too broad, it needs to be related to the litigated matters or some other limiting language. As it reads it would be for any future litigation at any time related to anything. I agree with Jeff re paragraph 10. Paragraph 14 can be modified to remove the language related to the joining parties. Thanks, Trey Edward (Trey) C. Nazzaro Staff Attorney Town of Gulf Stream Notice: 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: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com] Sent: Wednesday, November 1, 2017 10:00 AM To: Trey Nazzaro <TNazzaro@gulf-stream.org> Subject: FW: Gulf Stream 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: Jeff Hochman [mailto:hochman@jambg.com] Sent: Friday, October 27, 2017 6:57 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Nicole Fox <Fox@jambg.com> Subject: Re: Gulf Stream This message originated from outside your organization Joanne: I noticed that section 10 has been modified so that Mr. O'Boyle will be able to assert fee claims under various fee shifting statutes like 42 U.S.C. §1988 in future litigation. I would prefer that such a modification be rejected and that the Town secures an agreement from Mr. O'Boyle that it will not be subjected to any fee shifting provisions in future litigation with him or his entities. As to section 19, I would propose the following lanaguage: ___________________________ "The TOWN OF GULF STREAM, O'BOYLE, and any of the Joining Parties may amend this Settlement Agreement only by entry into a written amendment agreement ("Amendment"). The terms of any such Amendment will be binding upon each individual and each entity that signs the Amendment, but such Amendment will not binding on any other individual or entity. Instead, the terms of this Settlement Agreement will remain binding on each such non-signing individual and/or entity. Moreover, no such Amendment may be executed in counterparts. Instead, the signature of each individual and/or entity entering into an Amendment must appear of the same original Amendment and each duplicate (if duplicates of the original Amendment are prepared) before such Amendment becomes effective." ____________________________ Jeff Jeffrey L. Hochman, Esq. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 East Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Office: (954) 463-0100 ext. 2917 Fax: (954) 463-2444 Hochman@jambg.com On Fri, Oct 27, 2017 at 5:41 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: Please review and let me have your thoughts. I would like to circulate to MOB before he revises. The one item he requested that I do not have and would appreciate suggested language is in para 19 – he wanted to provide that if any parties to SA want to amend it that amendment only modifies as to those parties. Since only real parties are Town and MOB or Entities, we also should include that any modification does not require consent of and shall not bind the Joining Parties. 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. 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 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 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: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: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: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: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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Tuesday, November 17, 2015 2:20 PM To:Kelly Avery Subject:FW: Records Request - JRO 7/14/15 Attachments:FlaBarExaminers.le.5-27-15.docx Pls check to see if you have any emails with Scott about preparing this letter to be sent. 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: Thursday, October 22, 2015 6:38 PM To: 'Jonathan O'Boyle' Cc: Maria Sciolto Alvarez; 'Kelly Avery' 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 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: 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. 2 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 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: 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. 4 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. 5 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, October 28, 2015 12:07 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: 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. 1 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 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com 2 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 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 3 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 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 4 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. 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 – 5 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. 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: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:Frank Ranzie <frank@dennisroot.com> Sent:Tuesday, December 22, 2015 4:32 PM To:joconnor@jonesfoster.com; Rita Taylor; 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 Attachments:image003.jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE-MARTIN OBOYLE.pdf; ATT00002.htm 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 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 1 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> 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 2 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Friday, November 6, 2015 6:39 PM To:Kelly Avery Subject:Fwd: Records Request - JRO 7/14/15 Attachments:image001.jpg; image002.jpg; image002.jpg; image002.jpg 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. 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 1 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 2 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. 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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. 3 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. 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. 4 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 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: 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 6 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 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. 7 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. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Tuesday, July 14, 2015 12:15 PM 8 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 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. 9 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:Bill Thrasher Sent:Tuesday, January 19, 2016 2:43 PM To:frank@dennisroot.com Subject:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)_compprod.pdf 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:Bill Thrasher Sent:Tuesday, January 19, 2016 2:43 PM To:frank@dennisroot.com Subject:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)_compprod.pdf 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:Bill Thrasher Sent:Tuesday, January 19, 2016 2:43 PM To:frank@dennisroot.com Subject:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)_compprod.pdf 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:Bill Thrasher Sent:Tuesday, January 19, 2016 2:43 PM To:frank@dennisroot.com Subject:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)_compprod.pdf 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:Kelly Avery Sent:Friday, January 8, 2016 9:25 AM To:OConnor, Joanne M. Subject:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)- please review Attachments:GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules)_prod.docx 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 Renee Basel From:Bill Thrasher Sent:Tuesday, December 29, 2015 10:53 AM To:frank@dennisroot.com Subject:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules)_partintake.pdf 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:Kelly Avery Sent:Tuesday, December 29, 2015 9:32 AM To:OConnor, Joanne M. Subject:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) - please review Attachments:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules).docx 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 Renee Basel From:Bill Thrasher Sent:Tuesday, December 29, 2015 10:53 AM To:frank@dennisroot.com Subject:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules)_partintake.pdf 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:Bill Thrasher Sent:Tuesday, December 29, 2015 10:53 AM To:frank@dennisroot.com Subject:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules)_partintake.pdf 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:Bill Thrasher Sent:Tuesday, December 29, 2015 10:53 AM To:frank@dennisroot.com Subject:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) Attachments:GS #2078 (Discovery Records Request Pursuant to the Discovery Rules)_partintake.pdf 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:Jonathan O'Boyle <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. 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 1 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. 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 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 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 3 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 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: 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* 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 5 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 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. 6 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 7 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 Fax: 215-893-3641 joboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 8 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. 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: 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. 10 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, 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 11 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 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. 12 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. 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.” 14 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. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM To: Jonathan O'Boyle; Maria Sciolto Alvarez 15 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. 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. 16 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. 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 17 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 23, 2015 12:54 PM To:Kelly Avery Cc:Macfarlane, Mary Subject:PRR 15-1758 Attachments:RE: Records Request - JRO 7/14/15; RE: Records Request - JRO 7/14/15; RE: Records Request - JRO 7/14/15 Put all of this under 15-1758 and direct O’Boyle to it relative to the new request as a partial production. I will respond to him on 15-1992 separate and copy you. 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. 1 Renee Basel From:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 23, 2015 12:53 PM To:OConnor, Joanne M. Cc:Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject:Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001.jpg> 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. 1 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 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 2 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> 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:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 23, 2015 12:53 PM To:OConnor, Joanne M. Cc:Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject:Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001.jpg> 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. 1 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 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 2 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> 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:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 23, 2015 12:53 PM To:OConnor, Joanne M. Cc:Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject:Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001.jpg> 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. 1 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 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 2 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> 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:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 23, 2015 12:53 PM To:OConnor, Joanne M. Cc:Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject:Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001.jpg> 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. 1 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 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 2 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> 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:Frank Ranzie <frank@dennisroot.com> Sent:Wednesday, December 23, 2015 12:53 PM To:OConnor, Joanne M. Cc:Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject:Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001.jpg> 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. 1 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 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 2 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> 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 23, 2015 12:11 PM To:Frank Ranzie; Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com Cc:Kelly Avery Subject:RE: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, 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: 1 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. 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> 2 Cc: "jshand@sfblaw.net" <jshand@sfblaw.net>, "Randolph, John C." <JRandolph@jonesfoster.com>, "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> 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:Wednesday, December 23, 2015 12:32 PM To:OConnor, Joanne M. Subject:RE: Records Request - JRO 7/14/15 Yes… it is.. 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: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Wednesday, December 23, 2015 12:29 PM To: Kelly Avery <kavery@gulf-stream.org> Subject: FW: Records Request - JRO 7/14/15 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. 1 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. 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. 2 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. 3 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. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Friday, September 04, 2015 11:23 AM To: OConnor, Joanne M.; Maria Sciolto Alvarez 4 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 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com 5 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. 6 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Monday, December 14, 2015 4:16 PM To:Jonathan O'Boyle Cc:Maria Sciolto Alvarez; Kelly Avery Subject:RE: Records Request - JRO 7/14/15 Jonathan – My apologies if I did not respond re the Board of Bar Examiners sooner but I can confirm that there are no public records other than what was previously provided to you. 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 1 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 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: 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 3 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 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: 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. 5 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. 6 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:Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent:Friday, December 11, 2015 6:45 PM To:OConnor, Joanne M. Cc:Ken Drake; Kelly Avery; Macfarlane, Mary Subject:RE: Records Request - JRO 7/14/15 Thanks. Appreciated. 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. 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 1 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. 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 2 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 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 3 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 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. 4 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 5 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 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 6 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 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 7 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 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 8 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 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. 9 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. 10 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: 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 – 11 - 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 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 12 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 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. 13 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. 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 14 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. 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. 15 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. 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? 16 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. 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. 17 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:OConnor, Joanne M. <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. 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. 1 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 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, 2 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 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 3 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 4 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 5 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 6 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, 7 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 8 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. 9 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. 10 - 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 11 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. 12 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 13 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. 14 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. 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. 16 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. 17 Renee Basel From:Jonathan O'Boyle <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 New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 1 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 Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com 2 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* Licensed in Florida* The O’Boyle Law Firm, P.C. Pennsylvania Office 3 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 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: 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 Florida Office 1286 West Newport Center Drive 5 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 Fax: 215-893-3641 joboyle@oboylelawfirm.com 6 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. Regards, Joanne 7 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 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 8 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, marketing or recommending to another party any tax-related matter(s) addressed herein. 9 =========================================================== 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 10 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. . 11 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 that they exist and state a basis for why the Town or JF thinks that such records do not constitute public 12 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. 13 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. In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it. 14 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. 15 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. 16 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; 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 Renee Basel From:Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent:Thursday, December 3, 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* 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 1 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 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: 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 3 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 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 4 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. Regards, Joanne 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: 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. 6 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, 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, 7 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 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: 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 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, 10 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. 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 11 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. 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 12 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. 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 13 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Wednesday, December 2, 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 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* 1 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.' 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. 2 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: 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 – 3 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 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 4 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. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 joboyle@oboylelawfirm.com 5 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. - 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. 6 - 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 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 7 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 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: 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. 9 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 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 10 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. 11 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. 12 Renee Basel From:Jonathan O'Boyle <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 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: 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 2 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. Regards, Joanne Joanne M. O’Connor Attorney Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com 3 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 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. 4 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 5 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 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 6 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. . From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, October 16, 2015 1:13 PM 7 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 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 8 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 – 9 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 10 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. 11 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. 12 Renee Basel From:Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent:Wednesday, November 18, 2015 12:45 PM To:OConnor, Joanne M. Cc:Ken Drake; Kelly Avery; Macfarlane, Mary 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 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, 1 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. 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 2 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. 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 3 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 4 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 5 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. 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. . 6 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 7 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 8 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. 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 9 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 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 10 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:Wednesday, November 18, 2015 12:46 PM To:Jonathan O'Boyle Cc:Ken Drake; Kelly Avery; Macfarlane, Mary Subject:RE: Records Request - JRO 7/14/15 Correct. 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, November 18, 2015 12:45 PM To: OConnor, Joanne M. Cc: Ken Drake; Kelly Avery; Macfarlane, Mary 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 1 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: 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 2 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. 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 3 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. 4 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. 5 - 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 6 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. 7 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 8 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. 9 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. 10 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. 11 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. 12 Renee Basel From:OConnor, Joanne M. <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. 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 1 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. 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 2 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 Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 joboyle@oboylelawfirm.com 3 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 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: 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. . 5 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 6 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 7 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. 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 8 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 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: 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:Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent:Tuesday, November 10, 2015 5:57 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 1 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 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 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. 3 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: 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 – 4 - 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 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 5 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 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. 6 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. 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 7 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. 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. 8 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. 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? 9 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. 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. 10 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, 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 Attachments:Florida Bar-Mendez.le.11-2-15.docx 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 1 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. 2 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. 3 - 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 4 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. 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: 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 6 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. 7 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. 8 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. 9 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:Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent:Friday, November 6, 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. 1 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, 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 3 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 4 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. 5 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 6 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. 7 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. 8 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. 9 Renee Basel From:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Monday, November 2, 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. 1 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. . 2 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 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, 3 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. 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 4 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. 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 5 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. 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 6 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent:Thursday, October 22, 2015 6:38 PM To:Jonathan O'Boyle Cc:Maria Sciolto Alvarez; Kelly Avery Subject:RE: Records Request - JRO 7/14/15 Attachments:FlaBarExaminers.le.5-27-15.docx 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.” 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.” 1 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. From: OConnor, Joanne M. \[mailto:JOConnor@jonesfoster.com\] Sent: Friday, September 04, 2015 12:03 PM 2 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. 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. 3 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. 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 4 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:OConnor, Joanne M. <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 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 1 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. 2 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. 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. 3 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. From: Jonathan O'Boyle \[mailto:joboyle@oboylelawfirm.com\] Sent: Tuesday, July 14, 2015 12:02 PM 4 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:OConnor, Joanne M. <JOConnor@jonesfoster.com> 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 Attachments:FW: O'Boyle 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. 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 1 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 2 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. 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 3 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 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:Melissa <scheduling@prosecra.com> Sent:Monday, June 13, 2016 2:34 PM To:John Passeggiata Subject:RE: Witness: Read & Sign-State of Florida v O' Boyle Attachments:Sgt. J. Passeggiata.pdf; 05-02-16 SOF v O'BOYLE (PASSEGGIATA) MINI.pdf Good afternoon Sgt. Passeggiata, For your convenience, attached to this e-mail is a condensed copy of your deposition given in the above- styled case on Monday, May 2, 2016. We are sending this via e-mail for your reading and signing. Please read your deposition and indicate any changes you wish to make on the enclosed full page errata sheet. Please do not send changes back on the condensed copy. After completing the errata sheet, please sign it and send the errata sheet to me at the address below so that I may forward it to the attorneys in the case. Should you have any questions or concerns, please feel free to contact me. Thank you for your assistance in this matter. Very truly yours, Melissa Renaldo Melissa Renaldo Prose Court Reporting and Legal Video Services 580 Village Boulevard, Suite 140 West Palm Beach, FL 33409 (O) 561-832-7500 (F) 561-832-7506 (C) 561-704-0205 Toni after hours www.prosecra.com 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. Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) 1 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 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. 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 Deputy Clerk Town of Gulf Stream 100 Sea Rd. Gulf Stream, FL 33483-7427 561-276-5116 561-737-0188 fax 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. Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) 1 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 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. 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 0 Boyle Case 15-1672 Attachments: image003 jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE -MARTIN OBOYLE.pdf; ATT00002.htm Let's talk about this tomorrow. JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 I joconnorQjonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center 'Power, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www..ionesfoster.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 0 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 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@ionesfoster.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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 7 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Tuesday, December 22, 2015 4:32 PM To: joconnor@jonesfoster.com; Rita Taylor; 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 Attachments: image003jpg; ATT00001.htm; STATE ATTORNEY DISCOVERY NOTICE -MARTIN OBOYLE.pdf; ATT00002.htm 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 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@ionesfoster.com> Date: December 22, 2015 at 4:03:34 PM EST To: "frank@dennisroot.com" <frank@dennisroot.com>, "saInick law@aol.com" <salnicklaw@aol.com> Cc: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@jonesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor(a jones foster. corn )ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Vest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and mal 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(gbgulf-stream.org; JShandCc)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 0 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 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 Whone 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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@jonesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001Jpg> Joanne M. O'Connor attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnorgj ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, A\ est Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may dela} 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(a�gulf-stream.org; JShand@)sfblaw.net; michael salnick; wring(a)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone 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: `shand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@jonesfoster.com>, "Macfarlane, Mary" <MMacfarlane@lonesfoster.com> 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne. M. O'Connor Attorney Direct I)ial: 561.650.0498 1 Fax: 561.650.5300 toconnor&ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Palm Beach, Florida 33401 561-659-3000 1 wwwJ ones foster. corn Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and map 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 [mailta:fran k@dennisroot.com] Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor gulf-stream.org; JShand(asfblaw.net; michael salnick; wring(d)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone Begin forwarded message: From: "OConnor, Joanne M." <JOConnor@ionesfoster.com> Date: December 22, 2015 at 4:03:34 PM EST To: "frank@dennisroot.corn" <frank@dennisroot.com>, "salnicklaw@aol.com" <salnicklaw@aol.com> Cc: "jshand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph @ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 201 S 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin O Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fal: 561.650.5300 1 joconnorgjones foster. com )ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may dela}- 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, ani, review, dissemination, or copying of this email is prohibited. Please immediately noti6l us by email and delete the original message. From: Frank Ranzie [mailto_frankC�dennisroot.com] Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor@gulf-stream.org; JShand@sfblaw.net; michael salnick; wrinci0oboylelawfirm.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 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 Whone 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@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Renee Basel From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Wednesday, December 23, 2015 12:11 PM To: Frank Ranzie; Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com Cc: Kelly Avery Subject: RE: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, JONESFOSTER Joanne M. O'Connor Attorney Direct Dial: 561.650.0498 1 Fax: 561.650.5300 1 joconnor&j ones foster. com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center To -,ver, 505 South hlagler Drive, Suite 1100, «'est Palm Beach, Florida 33401 561-659-3000 1 wwwJonesfoster.com Incoming emails are filtered which mai delay- receipt. This email is personal to the named recipient(s) and mai- be privileged and confidential. If you are not the intended recipient, you received this in error. If so, an�� 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 0 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 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 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: "ishand@sfblaw.net" <jshand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 servingon n 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 Renee Basel From: Frank Ranzie <frank@dennisroot.com> Sent: Wednesday, December 23, 2015 12:53 PM To: OConnor, Joanne M. Cc: Rita Taylor; JShand@sfblaw.net; michael salnick; wring@oboylelawfirm.com; Kelly Avery Subject: Re: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Greatly Appreciated! Thank you and have a happy and safe holiday! Sent from my iPhone On Dec 23, 2015, at 12:11 PM, OConnor, Joanne M. <JOConnor@ionesfoster.com> wrote: I have forwarded your request to Kelly Avery, Deputy Town Clerk, who will respond as soon as possible. Regards, <image001 Jpg> Joanne M. O'Connor Attorney Direct Dial: 561..650.0498 1 Fal: 561.650.5300 I joconnorgj onesfoster.com ]ones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, AFest Patin Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and mav� be privileged and confidential. If you are not the intended recipient, you received this in error. If so, anN review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Frank Ranzie [mailto:fran kCabdennisroot.comj Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor gulf-stream.org; JShand(a)sfblaw.net; michael salnick; wring(d)oboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 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 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 Whone Begin forwarded message: From: "OConnor, Joanne M." <JOConnor@ionesfoster.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: "ishand@sfblaw.net" <ishand@sfblaw.net>, "Randolph, John C." <JRandolph@ionesfoster.com>, "Macfarlane, Mary" <MMacfarlane@ionesfoster.com> 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 Pagel of 3 scottmorgan75@gmail.com From: <scottmorgan75(ftmail.com> Date: Monday, July 23, 2018 4:12 PM To: "Cynthia Miller" <cmiller(dsweetapplelaw.com> Subject: Re: Deposition subpoena in State of Florida v. OBoyle Glad I checked, Cynthia. I don't get back in town on Aug 6 until about 5:00 pm so that date won't work. Aug. 7 or 8 would be better. Sorry for the mis-q on the date. Scott W. Morgan HUMIDIFIRST 1315 Neptune Dr. Boynton Beach, FL 33426 (561) 752-1936 From: Cynthia Miller Sent: Monday, July 23, 2018 3:38 PM To: scottmorgan75@gmaii.com Subject: RE: Deposition subpoena in State of Florida v. O'Boyle Good afternoon, I have been in contact with Mr. Salnick's office and advised that you are unavailable in the 315t. We have suggested August 6th at 2:00 p.m. and I am waiting to receive a confirmation from his office. I just followed up with his assistant and should know for sure if that day works by tomorrow. CYNTHIA J. MILLER Attorney Sweetapple, Broeker & Varkas, P.L. 4800 North Federal Highway, Suite B105 Boca Raton, FL 33431 (561) 392-1230(t) (561) 394-6102(f) cmiller@sweetapplelaw.com www.sweetapplebroeker.com 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: scottmorgan75@gmail.com [mailto:scottmorgan75@gmail.com] 7/11/2019 Page 2 of 3 Sent: Monday, July 23, 2018 3:32 PM To: Cynthia Miller Subject: Re: Deposition subpoena in State of Florida v. O'Boyle Hi Cynthia, Have you been able to reschedule this deposition? Thanks, Scott From: Robert Sweetapple Sent: Wednesday, July 11, 2018 10:18 PM To: scottmorgan75@gmaii.com ; Cynthia Miller Subject: Re: Deposition subpoena in State of Florida v. O'Boyle Happy to. Cynthia please get this rescheduled or prepare motion for P0. Regards, Bob Sweetapple On Jul 11, 2018, at 12:15 PM, "scottmorgan75@gmail.com" <scottmorgan75@gmail.com> wrote: Thanks Bob. Do you want to handle it? If so, I'm not available on the 31st but could do it August 6, 7, 8 or afternoon of 9. If those dates work for you, would you contact Mr. Salnick and see about re -scheduling? Thanks. Scott From: Robert Sweetapple Sent: Tuesday, July 10, 2018 9:08 PM To: scottmorgan75 gmail.com Cc: Trey Nazzaro ; Jeff Hochman ; Joanne O'Connor Subject: Re: Deposition subpoena in State of Florida v. O'Boyle You have been subpoenaed in your official capacity and can request that the town provide you with counsel. Regards, Bob Sweetapple On Jul 10, 2018, at 3:27 PM, "scottmorgan75@gmail.com" <scottmorgan75@gmai1.com> wrote: 7/11/2019 I was served with the attached subpoena and witness fee this afternoon. I doubt any of you are involved in this matter but thought I should let you know and seek your advice on how it should be handled. Scott Morgan 561-573-6006 <Florida v O`Boyle.pdf> Page 3 of 3 7/11/2019 Page 1 of 1 scottmorgan75@gmail.com From: "Scott Morgan" <scottmorgan75@gmail.com> Date: Saturday, July 28. 2018 9:20 AM To: "Cynthia Miller" <cmiller@sweetapplelaw.corn>; "Robert Sweetapple"<rsweetapple(a>sweetapplelaw.com> Cc: "Lisa Wills" <Iwills@sweetapplelaw.com> Subject: Re: Fwd: Deposition of Scott Morgan Hi Cynthia, Yes, August 7 at 2:00 is fine. Thanks. From: Cy_ Qiia_Miller Sent: Friday, July 27, 2018 4:26 PM To: scottmorgan75@gmail.com ; Robert Sweetapple Cc: ! isa Wills Subject: Fwd: Deposition of Scott Morgan Mayor Morgan, Good afternoon. Please confirm that this date and time will work for you. Thank you. Cynthia J. Miller Sent from my iPhone Begin forwarded message: From: Jennifer Shand <JShand(a@salnickfuchs.com> Date: July 27, 2018 at 4:07:31 PM EDT To: "cmiller@sweetapplelaw.com" <cmiller@sweetappleiaw.com> Subject: Deposition of Scott Morgan Good afternoon Ms. Miller, Please be advised that we will be able to change the deposition of Mr. Morgan to August 7, 2018 at 2:00 p.m.. We will prepare a new notice of taking deposition. Please let me know if Mr. Morgan will appear that this deposition without having to be served with another subpoena. Thank you. Jennifer L. Shand, ACP Law Offices of Salnick & Fuchs, P.A. 1645 Palm Beach Lakes Boulevard 10th Floor, Suite 1000 West Palm Beach, Florida 33401 Telephone: (561) 471-1000 Facsimile: (561) 659-0793 7/11/2019 scottmorgan750gmail.com From: <scottmorgan75@gmail.com> Date: Thursday, August 23. 2018 10:59 AM To: <productionna prosecra.com>; <Iwills(&,sweetapplelaw.com> Attach: Scan_OOOI.pdf Subject: SOF v OBoyle 2015MM012872AXX Hello—signature waiver form attached. Page 1 of 1 7/11/2019 Page 1 of 1 scottmorgan75@gmail.com From: <scottmorgan754gmai1.com> Date: Tuesday, March 12, 2019 7:47 AM To: 'Robert Sweetapple"<rsweetapple@sweetapplelaw.com>; "Trey Nazzaro" <TNAZZARO@GULF- STREAM.ORG> Attach: Subpoena. -State v OBoyle.pdf Subject: State v. OBoyle subpoena FYI I received the attached subpoena for this trial. 7/11/2019 Renee Basel From:Marty O'Boyle <meo@commerce-group.com> Sent:Tuesday, July 16, 2019 4:43 PM To:Renee Basel Cc:Michelle Melicia Subject:FW: GS #2735 (emanate from the episode at the Gulf Stream Town hall) Attachments:GS #2735 (emanate from the episode at the Gulf Stream Town hall)_prod2.pdf Renee – I reject the Town’s not producing ALL documents specifically responsive to this request. Please confirm that that is the case. 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: Renee Basel <RBasel@gulf-stream.org> Sent: Tuesday, July 16, 2019 4:15 PM To: Marty O'Boyle <meo@commerce-group.com> Subject: GS #2735 (emanate from the episode at the Gulf Stream Town hall) 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 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