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HomeMy Public PortalAboutPRR 14-1056Your orieinal request, dated June 24, 2014, is reproduced in the space below: RECORDS REQUEST (the "Request -) Date of Request. 6124114 Requester's Request Rte: 607 REQUESIEE Custodian of Records. Town of Gulf Stream REQUESIOR: STOPDIRTYGOVERNMEFfT, LLC REQUESTOR'S CONTACT 12NFOnIATION: E -Mail- recordijcommerce- pruap.cam Fas 954- 360 -0907;Address: 12SOAVestNmpori Center Drisro.DeerField Beach FL 33442 REQUEST: Provide a copy of all public records which would contain all available communications between Delray Dispatch and the Town of Gulf Stream lincluidng their Police Department) on March 3. 2014 and March 4, 2014. F ►Uiler(e).W IIt .�XU;idFb(UY;7Xr'7_ \agi.[elaXi i1111t0 THIS REQUEST IS NUIDE PURSUANT TO PUBLIC RECORDS ACT, CE APTER 119 OF THE FLORIDA STATUES A, \D I5 ALSO REQUESTED L1"DERTHE COM%ION L.XW RIGHT TO 12iOAV. THE COMMON LAR' RIGHT OF ACCESS: A1-D .iNYSTATLTORY RIGHT TO124OW(l C'LLDL\G,nTIHOGIMJ1TAnoN, —NV STATUTORY RIGHT OF ACCESS, AS APPLICABLE). TRIS REQUEST IS ALSO \LADE PLRSE�L\T TO THE RIGHTS OF THE REQLESTOR PROVIDED L\ THE FLORIDA CONSTFITTION. IT IS REOL-FSTED THAT THIS RECORDS REOL -EST BE FTt FH 7 FD L\ ELECTRONIC FORM. IF NOT AVAILABLE LN ELECTRONIC FORAL IT IS REOI ESTED THAT THIS RECORDS REOLE.ST BE FVr sM r ED ON II C I7 P..APER NOTE: Z\ ALL CASES (T1ZES5 MPOSSIBLE) THE COPIES SHOLi.D BE TWO SIDED AIND SHOULD BE BILLED L\ ACCORDANCE KITH Section 119.07(4) (a) (3) ALL ELECTRONIC COPIES :ARE REQUESTED TO BE SENT BYE- \LTII- DELIIERY. PLEASE PROVIDE THE APPROSLAI ATE COSTS (IF ANY) TO FL LFH,L THIS PUBLIC' RECORDS REQUEST LN ADV _L\ CE. It will be required that the Requestor approve of any costs, asserted by the Agency (as defined is Florida Statute, Chapter 119.01(Defmidous)), is advance of any cost imposed to the Requester by the Agency. tP .TXT". 04 21.13 FORM 1,056 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 27, 2014 Stopdirtygovemment, LLC [mailto: records @commerce- group.com] Re: PRR 607 Provide a copy of all public records which would contain all available communications between Delray Dispatch and the Town of Gulf Stream (incluidng their Police Department) on March 3, 2014 and March 4, 2014. Dear Stopdirtygovemment, LLC [mailto: records @commerce- group.com], The Town of Gulf Stream has received your public records request dated June 24, 2014. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk Custodian of the Records Anthony W. Strianese Chief of Police Delray Beach DELRAY BEACH Police Department COMMISSION AI�M�ricacity 300 West Atlantic Avenue ' Delray Beach, Florida 33444 -3695 a (561) 243 -7888 Fax (561) 243 -7816 Accredited 1993 Since 2004 2001 Joanne M. O'Connor, Esq. Jones Foster Johnson & Stubbs, P.A. 505 South Flagier Drive Suite 1100 West Palm Beach, FL 33401 Re: Dear Ms. O'Connor: June 6, 2014 Public Records Request In accordance with your letter of May 30, 2014, 1 am sending you documents and a disc I received from Katie Hartmann, our Communications Manager: I understand you have spoken with Ms. Hartmann directly regarding this request. If you need any further information or have any questions, you may reach her directly at (561) 243 -7857. Ath /enc. Sincerely yours, Anne T. Hopp Asst. to Catherine M. Kozol Police Legal Advisor Asst. City Attorney Serving with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and Excellence COMMUNICATIONS CENTER SHIFT REPORT a �_�r1 r ISMA, N aim Recorder Status: 0600-0800 0800-1000 1000-1200 1200-1400 1400-1600 1600-1800 Anderson, M. / Shenkinan, L. r� Speers, J. Y Anderson,C (PT) Arena, S. (PT) 6 Bascomb, K. Brito, M. Brooks, L. (PT) Brown, A. Butler, R. Delaney, D. (PT) Drinkwater, K. Goldstein, D. Hoogerwerf, S. Lofts, K. Marino, W. (PT) Maybee, A. Nixon, J. (PT) Rotondi, M. Skeberis, A. Smith, M. Tarantino, S. Tobey, M. Turner, C. Valdez, L. (PT) Recorder Payroll Teletype BOLO's Reports faxed DCF Loa Kitchen / A- School / BL- Bereavement / HO- Holiday Option / N- Regular Day Off / S -Sick / CT -Comp. Time PH- Personal Holiday T -Tardy / NI- Vacation Delray Beach Communications Center Verint Reference Notes GS Radio Traffic 31312014 Reference Date Time Duration Mem DlaledNumber CallerNumber CallerName V6 Calllndex ChannelName Channel Location UPI GS 03- Mar -2014 23:54:04 00:00:55 0 1 09 PD Mein 9 Disk 0 GS 03-Mer-2014 23:47:05 00:01:13 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 23:43:08 00:00:51 0 I 09 PD Mein 9 Disk 0 GS Blue Bag 03- Mar -2014 23:3938 00:01:49 0 I 09 PD Mein 9 Disk 0 GS 03-Mar-2014 23:35:24 00:00:09 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 23:31:19 00:00:59 0 1 09 PD Main 9 Disk 0 GS 03-M r-2014 20:48:54 00:00:11 0 1 09 PO Main 9 Disk 0 GS 03-Mar- -2014 20:46:19 00:00:15 0 1 09 PD Main 9 Disk 0 GS 03 -Mar- -2014 20:41:10 00:00:40 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 20:24:58 00:00:33 0 1 10 TTY 10 Disk 0 GS 03-Mar -2014 20:24:28 00:00:20 0 1 10 TTY 10 Disk 0 GS 034:2014 20:24:16 00:00:04 0 1 09 PD Mein 9 Disk 0 GS 03-Mar- -2014 19:13:20 00:00:04 0 1 09 PD Main 9 Disk 0 GS 03-Mar- -2014 19:04:26 00:01:47 0 1 09 PD Mein 9 DISK 0 GS 03-Mar -2014 19:03:42 00:00:05 0 1 09 PD Mein 9 Disk 0 GS 03-Mar-2014 19:02:48 00:00:08 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 15:26:36 00:00:25 0 1 09 PO Main 9 Disk 0 GS 03 -Mar- -2014 15:05:59 00:00:38 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:42:17 00:00:11 0 1 09 PO Main 9 Disk 0 GS 03-Mar-2014 12:40:58 00:00:50 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 12:33:08 00:00:15 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 12:30:15 00:00:23 0 1 09 PD Main 9 Disk 0 GS 03•Mar- -2014 12:29:20 00:00:42 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:27:19 00:00:13 0 1 09 PD Main 9 Disk 0 GS 03-Mar-2014 1225:38 00:00:52 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:21:57 00:00:17 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 12:15:37 00:01:23 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 10:23:59 00:01:18 0 1 09 PD Mein 9 Disk 0 GS 03-Mar-2014 09:32:53 00:00:58 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 09:24:57 00:01:33 0 1 09 PD Main 9 Disk 0 GS 03-Mar-2014 08:25:08 00:00:34 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 08:18:59 00:00:06 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 08:11:15 00:00:52 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 07:16:48 00:00:08 0 1 09 PO Mein 9 Disk 0 GS 03-Mar -2014 07:01:53 00:00:06 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 07:01:00 00:00:43 0 1 09 PO Main 9 Disk 0 GS 03-Mar -2014 05:01:40 00:01:35 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 02:26:32 00:01:23 0 1 09 PO Main 9 Disk 0 Copyright 1995 -2014 Verint Systems, Inc. — I - Printed on 6/5/201417:24:50 Delray Beach Communications Center Verint Reference Notes GS Radio Traffic 3/4/2014 Arc Reference Date Time Duration Mem DlaledNumber CallerNumber CallerName VO Calllndex ChanneiName Channel Location UPI 1 GS 04 -Mar- -2014 02:13:36 00:02:46 0 1 09 PD Mein 9 Disk 0 1 GS 04•Mer -2014 05:03:12 00:01:24 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mer -2014 06:59:44 00:00:05 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar-2014 06:59:59 00:00:05 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 07:00:27 00:00:21 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 07:16:09 00:00:04 0 1 09 PD Main 9 Disk 0 1 GS 04•Mer -2014 09:45:13 00:01:02 0 I 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 09:49:56 00:00:49 0 1 09 PD Main 9 Disk 0 1 GS 04 -Mar- -2014 09:55:47 00:00:23 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 09:56:33 00:00:47 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 15:26:01 00:00:35 0 t 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 15:30:42 00:00:08 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar -2014 17:34:59 00:00:30 0 1 09 PD Mein 9 Disk 0 1 GS 04 -Mar- -2014 17:39:09 00:00:09 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar -2014 18:59:50 00:00:10 0 1 09 PD Mein 9 Disk 0 1 GS 04•Mor -2014 19:03:22 00:00:05 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 19:03:40 00:01:15 0 1 09 PD Mein 9 Disk 0 Copyright ®1995 -2014 Verint Systems, Inc. — 1 - Printed on 6/5/201417:23:00 CITY OF DELRAY BEACH Event Report Event ID: 2014- 0019359 Call Ref #: 822 Date/Time Received: 03/03/14 15:55:30 Rpt #: 14- 000417 Prime 7D3 Services Involved Call Source: SELF Unit: HASELEY, J LAW Location: 2900 AVE AUSOLEIL Close Unit Empl ID Jur: D13 Service: LAW Agency: GSPD X -ST: Code User 7D3 727 D Dispatched St/Beat: GS District: RA: Business: Phone: A GP: GS Nature: CIVIL MATTER P3 Alarm Lvl: 1 Priority: 3 7D3 Medical Priority: 0 Reclassified Nature: Cleared 03/03/1416:39:52 IR Unit:7D3 Caller: Alarm: Addr: Phone: Alarm Type: Vehicle #: St: FL Report Only: No Race: Sex: Age: Call Taker: Unit:7D3 Console: QRYSRV 3eo- Verified Addr.: Yes Nature Summary Code: S66 Disposition: IR Close Comments: gotes: zone two at 1615 hrs [03/03/14 16:20:34 Unit:7D3] SIGN ORDINANCE [03/03/2014 15:55:30 Unit:7D3] Times, Call Received: 03/03/14 15:55:30 Time From Call Received Call Routed: 03/03/14 15:55:31 000:00:01 Unit Reaction: (1st Dispatch to 1st Arrive) Call Take Finished: 03/03/14 15:55:31 000:00:01 En- Route: (1st Dispatch to 1st En- Route) 1st Dispatch: 03/03/14 15:55:31 000:00:01 (Time Held) On- Scene: 000:44:21 (1st Arrive to Last Clear) 1 st En- Route: 1 st Arrive: 03/03/14 15:55:31 000:00:01 (Reaction Time) Last Clear: 03/03/14 16:39:52 000:44:22 Event Log Close Unit Empl ID Type Description Time Stamp Comments Code User TR Time Received 03/03/14 15:55:300y: SELF - FIN Finished Call Taking 03/03/14 15:55:31 Report Generated: 06/02/2014 10:22:44 1 User ID: SHENKMAN EventHistory _Event Portrait Unit:7D3 Unit:7D3 Page 1 of 2 Radio Log Close Unit Empl ID Type Description Time Stamp Comments Code User 7D3 727 D Dispatched 03/03/14 15:55:31 Stat/Beat: GS ;SIGN ORDINANCE Unit:7D3 7D3 727 A Arrived 03/03/14 15:55:31 Stat/Beat: GS ;SIGN ORDINANCE Unit:7D3 7D3 727 C Cleared 03/03/1416:39:52 IR Unit:7D3 Event Log Close Unit Empl ID Type Description Time Stamp Comments Code User TR Time Received 03/03/14 15:55:300y: SELF - FIN Finished Call Taking 03/03/14 15:55:31 Report Generated: 06/02/2014 10:22:44 1 User ID: SHENKMAN EventHistory _Event Portrait Unit:7D3 Unit:7D3 Page 1 of 2 Event ID:2014- 0019359 Call Ref #: 822 CIVIL MATTER P3 at 2900 AVE AUSOLEIL RPT Requested Report# 03/03/14 15:55:32 GSPD Report #14- 000417 Unit:7D3 Unit:7D3 ARM Added Remarks 03/03/14 16:20:34 Unit:7D3 Event Report Page 2 of 2 Ad Hoc Report: GS GS Date: 6/5/2014 Description: Delray Beach PD Seizure DateTime Position ID ANI 313/20147:17:08 AM 39 561 - 278 8611 Page 1 of 1 https:// fl. ecats9lI. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1073 6/5/2014 Ad Hoc Report: GS GS Date: 6/5!2014 Description: Defray Beach PD No records No records found for Delay Beach PD rage i oz 1. https: / /fl. ecats911. com/ DesktopModules /AdHocReports/Viewer/ReportPane. aspx ?id =1071 6/5/2014 Ad Hoc Report: GS GS Date: 615/2014 Description: De1ray Beach PD No records No records found for Delray Beach PD rage i or i https:// fl. ecats911. com/ DesktopModules/ AdHocReports/Viewer /ReportPane.aspx ?id =1070 6/5/2014 Ad Hoc Report: GS GS Date: 6/5/2014 Description: De1ray Beach PD No records No records found for Delray Beach PD rage i of i https:// fl. ecats9l1. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1068 6/5/2014 Ad Hoc Report: GS GS Date: 6/5/2014 Description: Deiray Beach PD No records No records found for Delray Beach PD 0,� i Owl Page 1 of 1 https:// fl. ecats911. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1067 6/5/2014 MARTIN E. O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. II IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014CA004474 AG RESPONSES AND OBJECTIONS TO PLAINTIFF'S INITIAL REQUEST FOR PRODUCTION Defendant, TOWN OF GULF STREAM, responds and objects to Plaintiff's Initial Request for Production dated May 14, 2014 (Nos. 1 through 10) as follows: DOCUMENTS REQUESTED 1. All handbooks, personnel manuals, supervisor's manuals, policies, rules and regulations, memoranda and any other document containing defendant's policies, guidelines, or procedures and practices relating to public records from 2012, to the present. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Plaintiff has simply made conclusory allegations that additional records should have been produced and that records should have been produced in electronic format. Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and /or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." The request for documents regarding policies, guidelines and procedures and practices from 2012 to the present is thus patently overbroad and not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). Moreover, the request for "any other document" containing defendant's policies, guidelines and practices would encompass communications transmitting drafts of policy manuals and any other communications regarding policies and procedures from 2012 to the present and is thus likewise patently overbroad. Subject to and notwithstanding its objections, Defendant states that it does not yet have in effect a written Public Records Compliance Manual. However, a draft of that Public Records Compliance Manual as of January 2014, previously produced to Plaintiff on May 9, 2014 in response to public records request #493, is provided again as Exhibit "A". The current draft of the Defendant's Public Records Compliance Manual, reflecting edits made since May 2014 is attached as Exhibit "B ". Defendant further states that the only other manuals used are State of Florida records production and destruction guidance (i.e. the Florida in the Sunshine Manual, which is also available online, and the General Records Schedule GS1 -SL For State and Local Government Agencies, also available online). 2. All handbooks, personnel manuals, supervisor's manuals, policies, rules and regulations, memoranda or any other document containing defendant's policies, guidelines, or procedures and practices relating to the storing of telephonic or radio communications of the Gulf Stream Police Department. RESPONSE: None. 3. Any and all statements, documents, recordings and transcriptions executed by or taken from any of the parties to this suit and delivered to other outside the purview of privilege. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and seeks information not reasonably calculated to lead to the discovery of admissible evidence. The request is not even limited to the subject matter of the instant lawsuit, which is whether the Town unlawfully withheld records and failed to produce records in electronic format when it responded on March 7, 2014 to the March 6, 2014 public records request attached to the Verified Complaint as Exhibit A. Defendant further objects on the grounds that the request for "[a]ny and all... documents... executed by or taken from any of the parties to this suit and delivered to others" is so vague and ambiguous as to preclude Defendant from framing a proper response. 2 4. Any and all documents relating to any training that employees of the Defendant have received relating to the Public Records requests. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and /or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." The request for "[a]ny and all documents" regarding "any training" that employees of the Defendant have ever received relating to the Public Records requests is thus patently overbroad and not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). 5. Any and all documents relating to any failure to the Defendant to comply with Chapter 119 Florida Statutes. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and notwithstanding its objections, Defendant states that Defendant did not fail to comply with Chapter 119, Florida Statutes in response to the March 6, 2014 public records request at issue and, therefore, there are no documents relating to any such failure. 6. Any and all documents that relate to the specific services that the Defendant pays for under the budget item Police "Communications ". RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 3 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and /or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." This request, which is not limited to any time period, is not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). Subject to and without waiving its objections, Defendant incorporates its response to Interrogatory No. 9 and states that as of March 3 and 4, 2014, the "Communications" budget item included expenses associated with (1) cellular telephones used by Town police officers while on duty (not including Police Chief Ward) and (2) air cards for internet services to be used by Town police officers while on duty. As of the date of Plaintiffs request, March 6, 2014, there were no records generated by, stored by or received by the Town Police Department that related to either of these two budget items for March 3 and 4, 2014. 7. Any document that identifies the Police officers on duty on March 3, 2014 and March 4, 2014. RESPONSE: Defendant objects to this request on the grounds that it is overly broad .and not reasonably calculated to lead to the discovery of admissible evidence and incorporates herein its Answer to Interrogatory No. 13. 8. Any documentation that describes any corrective action taken by the Defendant in response to any violations of Chapter 119 Florida Statutes. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and/or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." This request, which is not limited to any time period, is not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). El Subject to and notwithstanding its objections, Defendant states that Defendant did not fail to comply with Chapter 119, Florida Statutes in response to the March 6, 2014 public records request at issue in this case and, therefore, there are no documents relating to any corrective action in connection with that request. 9. Any transcript or records of any communications made by members or employees of Gulf Stream Police Department and third parties regarding the removal of political or campaign signage on March 4, and March 4, 2014. RESPONSE: Defendant possesses no such records in its possession, custody and control. The only telephone and radio communications of the Town Police Department that are recorded are those that are transmitted to the City of Delray Beach Police Department, which provides police dispatch services to the Town. The Town does not maintain those records. The City of Delray Beach Police Department has advised the undersigned that it automatically stores those communications and maintains those records for a period of 90 days. By the public records request attached as Exhibit "C" as modified by a telephone call on June 2, 2014, the Town has requested that the City of Delray Beach Police Department immediately remove from its destruction schedule, preserve and maintain any recordings of communications of the Town Police Department for March 3 and 4, 2014. The Town further requested that Delray Beach forward to undersigned counsel any recordings of telephone or radio communications by any officer or employee of the Town including any that relate to Case No. 14 -0417. The Town understands that the Delray Beach Police Department's Communication Manager, Katie Hartmann, searched all cellular phone numbers for the Town's police officers and the Town police department telephone number for calls made on March 3 and 4, 2014 and discovered a single telephone call made on March 3, 2014 at 0717 hours. The Delray Beach Police Department produced all radio communications of the Town from March 3 and 4, 2014. A copy of the Delray Beach Police Department's response is produced contemporaneously herewith. No recordings appear to relate to the removal of political or campaign signage. 10. Any and all documentation that describes the Defendant's policy regarding the destruction or discarding of records of telephonic or radio communications of the Gulf Stream Police Department. RESPONSE: None. 5 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the E- Filing Portal this 17th day of June, 2014, to: NICK TAYLOR, Esquire, the O'Boyle Law Firm, P.C. 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylornoboylelawfitin.com and oboylecourtdocs gobo_ylelawfirm.com. p: \docs \13147 \00060 \pld \I jd4004.docx R ut 1,11 F . ,'- ? TOWN OF GULF STREAM PALM BEACH COUNTY, FLOIRJDA 1 current as of 1/2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Public Records Requests 1. Introduction The records that the Town of Gulf Stream..( "Town ") keeps in the course of carrying out its duties and responsibilities are public records. Public records are different from records of businesses and private organizations because Florida Law requires public records to be readily accessible and available to the public upon request. Employees and agencies do not have the authority to withhold records deemed "sensitive." The only. records that can be withheld from public disclosure are those specifically designated by the Florida Statutes as confidential or exempt. This policy will provide employees with the information,necessary to understand and carry out their public records responsibilities. This policy will affirm the public's right to access Town records and the commitment of the Town to respond to each request in atime that is reasonable under the circumstances of each request. This policy will also set forth procedures that will facilitate access to the information requested and establish fees,to be paid to the Town to cover the cost of responding to public records requests in accordance.with Florida. law, , 2. Policy It is the Town's Policy to ensure that public records in the Town's custody are maintained and managed as required by Florida's Public Records Laws. These laws provide that all materials made or received by Florida's local governments in connection with their official business are public records. The Town of Gulf Stream responds to all public records requests in a timely manner. A Town employee is designated as the Public Records Coordinator by the Town Manager and Town Clerk to assist with the production of public records requests, and reports directly to the Town Manager. It is the policy of the Town that all public records, with the exception of records or portions of records exempted by Florida Statutes, shall be open for personal inspection by any person. Requested records cannot be withheld for any reason unless the record or a portion of the record is specifically designated as confidential or exempt from public disclosure under Florida Law. 3. Purpose 2 The purpose of this policy is to provide Town employees with the information and procedures necessary to understand and carry out their responsibilities under the Florida Public Records Law, including the requirements for managing public records, and the manner in which public records requests are to be processed to ensure that responses to each request are organized, inclusive, and in compliance with applicable statutes and rules. 4. Scope This policy applies to all Town employees, who are responsible for forwarding any public records requests to the Records Custodian or Public Records Coordinator. This policy applies to all public records of the Town, regardless of the medium in which,they exist (e.g. paper, electronic, or other). 5. Definitions a. "Public records" are all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Florida Statutes ,§ 119.1011(12). b. "Confidential" means public records thaf liave been identified in the Florida Statutes as confidential. The information in these records_is not subject to inspection by the public and may be released only to the - persons and entities designated in the statute. c. "Exempt" means public records that have,been identified in Florida Statutes Chapter 1.19 or other applicable Florida Statutes as�exempt from public disclosure. d. "Inactive records" means records which have lost some of their value or have been 'superseded by new records, but have not reached their specified retention. Records that,are referenced less. than once per month are usually considered inactive. e. "GS 1 -SL" means the General Records Schedule GS 1 -SL for State and Local Government Agencies, which is available at http: / /dlis. dos. state .fl.us /recordsmgmt /gen records schedules.cfm 6. Procedures a. Records Management: Records management entails retention, storage, disposition, and all other record - keeping requirements and practices that support Department programs, activities, operations, and accomplishments in order to best serve the public. N i. Organization and Maintenance: Public Records shall be organized, arranged, and maintained using a filing or record keeping system that: 1. Is appropriate to the nature, purpose, and use of the records. 2. Can be easily understood by all users. 3. Facilitates the location of and access to those records by all users, when and where it is needed. ii. Records Retention Schedules: The Town, follows the General Records Schedule GSI -SL for State and L ©cal Govern" meet Agencies, and other General Records Schedules that may apply to specific records maintained by the Town, e.g. ones pertaining to Law Enforcement. iii. Disposition: The Town should systematically dispose of public records that have met their retention requirements and are no longer needed. 1. The Records Custodian or designee must properly document disposition of public records:_A records disposition document form is available from,.the,Divi8ion Of Library and Information Services website at http: %/dlis.dos. state. fl.us%barm /forms /dispositiondoc.pdf The Records Custodian must permanently retain the completed disposition forms. ', "b. Public Records Requests The Town shall respond to all public records requests in a reasonable time, taking into account the extent, scope, and nature of the request. i. Receipt ofa Public Records Request: 1. A public records request is a request to either inspect or copy, or both, public records pursuant to Florida Statutes Chapter 119, 2. There is no requirement that the request be made in person or in writing, or be in any particular form. 0 3. The person making the request is not required to identify himself or herself, or to provide information about the reason for the request, or how the records will be used 4. The request must be clear enough to enable the Town to conduct a meaningful search. The agency may ask questions about the request in order to respond to the request fully and in a timely manner. a. If the records requested are in the possession of a third party, such as a consultant or Commission member, the Town shall forward the request and a description of what is needed to the third party 5. All requests should be directed to the Records Custodian or Public Records Coordinator ii. Responding to the Request: The Town of Gulf Stream has developed the- .following internal procedure to respond to a public records request and assist the public in obtaining public records: 1. Mark Public Records Request as received. If the request is received by someone other than the Records Custodian or, Public Records Coordinator, the employee will forward the request to the Public Records Coordinator or Town Manager, who will then add the request to the Public Records Log for monitoring purposes 2. Acknowledge receipt of Public Records Request a. As soon as reasonably possible after the valid receipt of a Public Records Request, the Town of Gulf Stream will acknowledge the request in writing. 3. Additional Correspondence 5 Prior to fulfilling a request and based on each request individually, the Town of Gulf Stream may need to send one of the following: a. Request for Clarification • As a courtesy to the requestor to ensure the proper documents are produced or an accurate estimate is provided, if the request requires clarification the Town will send correspondence asking the requestor to clarify the request before proceIeding with production or an estimate. 1. Requests for clarification will be sent out when a request is: a. Very broad in scope; or b. Ambiguous; or c: ,-At-the discretion of the Town Clerk or Designee if he or she needs further clarification to fulfill the request b. Estimate letter • If it is determined to be necessary by the Town Clerk or Designee, he or she will provide the requestor with an estimate of the cost to produce the documents and ask for the estimate to be paid prior to the requestor receiving the documents. • All estimates are based on Florida Statutes § 119.07(4) for both physical production and the labor cost, which is based on the cost incurred by the Town for extensive use of information technology resources or the labor cost of the personnel providing clerical and supervisory assistance, or both. 0 " In the event that the actual cost of duplication needs to be charged when labor costs are assessed under the relevant Florida Statutes, the Public Records Coordinator can reference the "ACTUAL COST OF DUPLICATION" document within the (SUPPLEMENTAL) FORMS section of this file. c. Letter asserting exemptions to Public Records Law " The Public Records Coordinator will identify potentially exeriipt.doouments and, if necessary, consult with legal to"determinOwhether these document(s) are exempt. " If only part of a record is confidential or exempt, the Town must redact that information and provide the remaining record to the requestor. The Town's preferred method of redacting records is through the Town's electronic records management software, however, the Town may also black out the exempt information; on a copy of the original, photocopy the marked copy; ,and provide the final copy to the requestor, The marked copy may be destroyed. Other methods are acceptable and may be used as long as the confidential or exempt information is not released to the requestor. " Every time a document has been identified as exempt or confidential, the Public Records Coordinator must communicate any exemptions to the requestor, redact and produce the document if necessary, and cite the specific section of the Florida Statutes that covers the exempt information. 4. Deposit of estimated fees a. Prior to the production of public records, the Town shall notify the requestor of the estimated cost if the cost will exceed $1 and ask for a deposit to cover the estimated cost. Production of documents that are $1 or less will be provided free of charge. 7 b. When the request does not require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be calculated by Fla. Stat. § 119.07 (4). • Up to 15 cents may be charged per one -sided copy of not more than 14 by 8 1/2 inches * No more than an additional five cents may be charged for each two -sided copy • For all other'copies, the actual cost of duplication may be charged (see "Actual cost of Duplication" within (SUPP'LEMENT) FORMS) c. When a request does require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be the sum of the actual cost of duplication and a special service charge in the mount of the labor cost of the personnel providing the service. • -The estimate shall include a breakdown of the estimated cost,-which shall include the hourly employee rate and estimated time that will be required, and/or the number of responsive documents identified that will fulfill the request. • The wage expense portion of the public records special service charges shall be calculated by including the hourly value of benefits in addition to the hourly base rate of pay. • The requestor shall not be charged for the first 15 minutes to fulfil the request; the extensive use charge shall be calculated after the first 15 minutes. d. The Town Clerk or designee shall be responsible for collecting the deposit and the Town will commence production of documents only after receiving a deposit. e. Deposit fees may be paid by cash, check, or money order made payable to the Town of Gulf Stream. f. The cost of mailing or shipping the requested material may also be added if the requestor asks that the material be delivered instead of the requestor p cking up the material in person. g. When records can be sent electronically, the Town will make an effort to do so in the interest of efficiency and to minimize costs. In these cases, the Town will charge,_ only for extensive time, if applicable. If the records must be placed on an electronic storage device or because the requester does not want them sent by email, the cost of the storage device will be charged., in addition to any other charges. The requestor can provide Their ownelectronic storage device if they so choose. 5. Production and close request a. The Town shall make every effort to fully respond to all Public Records Requests within a reasonable time. When warranted and at the discretion of the Town Cleric or designee, the Town may produce documents that are partially responsive. For example, when both electronic and physical records are responsive to a request, the Town may produce those documents electronically, and produce copies of the physical records to be picked up at the Town Hall. The Town will note as follows: • If the production of public records is responsive to the request in full, indicate that the request is considered fulfilled and closed. • If the production of public records is responsive to the request in part, communicate the reason for the partial production (i.e. some records sent electronically, some I awaiting pickup) and, if possible, the anticipated response time in fulfilling what remains of the request.. The Town may not delay production of records. Records must be produced within the time reasonably required to identify, collect, and copy them for the requestor. The Town must make a good faith effort to satisfy the request promptly, consistent with available resources and other priorities. The Public Records Law does not require the Town to generate cr create new records not already in the Town's custody in response to a public records request: When a request is made, all documents in the Town's possession at that time that may be: responsive must be produced. If other documents that are responsive to the request are `created subsequently to the request being received, they are not included in any response. 10 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (Z) CHAIN OF COMMAND current as of 1/2014 1 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Chain of Command 1. Town Manager The Town Manger is the senior level officer responsible for delegating responsibility for responding to all public records requests and naming those employees who will serve in the position of Public Records Coordinator. The Town Manager shall be responsible for monitoring the timely performance of responses to public records requests, -and reporting compliance with the public records laws to the Town Commission. 2. Town Clerk The Town Clerk is responsible for managing and tracking all public records requests, and assists the Public Records Coordinator by providing all physical records responsive to a public records request to the Public Records = Coordinator for production. The Town Clerk is responsible for adhering to the policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND PROCEDURES within this manual. The Town' Clerk and Public Records Coordinator shall meet to discuss the requests that are handled by;the Town Clerk prior to each meeting between the PRC and the Town Manager. 3. Public Records Coordinator The Public Records Coordinator ( "PRC ") is designated by the Town Manager and is responsible for monitoring all incoming public records requests and adhering to the policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND PROCEDURES within this manual. W The PRC is responsible for keeping a log of all public records requests through the implemented monitoring system outlined in (4) MONITORING OF INCOMING REQUESTS and reporting every other week to the Town Manager on compliance and any issues with production. Issues should be resolved within a reasonable time after the meeting with the Town Manager, The PRC has access to the Government -in- the - Sunshine manual, training, and other resources to assist him or her in the timely production of public records, including the Florida Division of Library & Information Services, and the Florida Attorney General's Offices. If PRC is unsure how to proceed after conferring With, the resources listed above, and has communicated this to Town Manager, Town Manager can authorize PRC to contact Town Attorney or designee to provide guidance on how best, to _comply with the law. 3 t�AuS TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS (3) STAFF EDUCATION AND TRAINING current as of 1/2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 1. Staff Education a. Town Employees who handle public records requestswvill attend at least two training sessions relating to Florida's public records lavvs�and compliance per year. If the employee is a new hire and has not handled publte,records requests before within the State of Florida, the employee must attend an additional training as soon as is reasonable after his or her hire date. b. These training events can be.in- person seminars, pending approval of travel and conference expenses; on -site training on the Town's records management software; or any of the various Webinars offered by the State of Florida, MCCI, the Florida Institute of Government, and other Florida- specific public records trainings. 'e:' Other public records trainings may be attended and applied to this requirement pending approval by the Town Manager. I l 47� 1925 TOWN OF GULF STREAM PALM BEACH COUNTY,. FL- ORIDA (4) MONITORING OF INCOMING REQUESTS current as of 112014 x125 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Monitoring of Incoming Requests The Public Records Coordinator is responsible for logging all incoming requests through the date of production and close out. An Excel Spreadsheet or other similar program (including what is available through the Town's electronic records management software) should be used to, at minimum, track the following: 1. Date Received a. The date the Public Records Request was xeceived 2. Received by a. The Town employee who received the record'"',,,,., 3. Requestor a. Name, email address, or other identifier of the entity or person making the request 4. Respond to a. The preferred method, of response. E.g. an email or mailing address 5. Public Records Requested a. In two columns: i. the name of the request, (e.g. the subject line of the email) for tracking purposes ii. the actual records requested " 6. Date of intake a. The date the intake letter was' sent out by the Town 7. Date of Estimate a. The date the estimate letter was sent out by the Town (if applicable) 8. Date of Production a. The date responsive documents were sent out by the Town that document when the request was closed 9. Follow -up a. The date of any follow up with brief description, e.g. 9/5 request for clarification b. Documents any additional correspondence that is not in the ordinary course of business but that the Town provides for within (1) POLICIES AND PROCEDURES 10. Notes a. Any additional information that would be helpful to anyone reviewing the document or to describe what was produced. This will facilitate productive meetings between the Public Records Coordinator and the Town Manager b. E.g. email attachment; NSR (no such record exists) mil; 4 t?� Liz+ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMPLIANCE THE T OWN COMMISSION current as of 1/2014 �� 0t: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Reporting compliance with the Public Records Laws to the Town Commission is essential. The Town's elected officials must be informed of the Town's ability to respond to public records requests so they can make decisions about staff training and additional policies and procedures that may be needed to further the town's goal of providing access to public records. A form will be used by the Town Manager (see "Public Records Report" within (SUPPLEMENT) FORMS) that shall be filled out with the assistance of the Town Clerk or designee, to report the following information: . 1. A list of all public records training activity that has been undertaken by staff since the last Public Records Report. 2. A list of upcoming public records trainings available to staff that can be applied to satisfy the Staff training requirement as outlined in part (3) STAFF EDUCATION AND TRAINING. 3. An explanation of the curreni'.procedures Staff is undertaking to fulfill all incoming requests. This should align With part (1) POLICIES AND PROCEDURES, subject to any changes in the Public Records Laws'and advice from counsel. 4. An estimate of the time spout responding to public records by Town Staff, and if any special service charges have been received to offset the cost of staff time by the parties requesting these records pursuant to, Fla. Stat. � 119.07 (4)(d), a list of those charges received by the Town. 5. If any special service charges have been allocated to paying vendors to provide public records pursuant to their duties under the Public Records Laws, a list of those vendors, the amount paid by the Town, and the amount received from the Requestor to offset the amount paid by the Town. 6. The number of (a) incoming requests received, (b) estimates provided, (c) responses given, and (d) still open requests received since the last Public Records Report. A list of these requests shall be attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to part (4) MONITORING OF INCOMING REQUESTS. This information will be reported to the Town Commission on a quarterly basis, or more frequently at the discretion of the Town Manager depending on the activity to report. -wt 5io TOWN OF GULF STREAM current as of 1/2014 F 2 «w3 r t�^ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Enforcement of Policies The policies in the PUBLIC RECORDS COMPLIANCE manual shall be followed at all times. In the event they are not followed, or if a lawsuit is filed, the town Manager or Town Attorney will inform the Town Council at the next scheduled Commission meeting. At the meeting, the Town Commission, Town Manager, and Town Attorney shall discuss how to implement appropriate responsive measures to improve-,and enforce compliance if the Town's policies and procedures were not followed. Violation of polices by Town Staff A violation of the above policy outlined in the PUBLIC RECORDS COMPLIANCE manual by the Town Clerk, Public Records Coort�inator, or any employee of the Town of Gulf Stream may result in disciplinary action, up to, and'ilicluding termination of employment. Violations shall be reported to the Town Council at the next Commission meeting by the Town Manager by filling out the form "Employee Discipline for Public Records Violation" included in the section (SUPPLEMENT) FORMS of this manual.,, If an employee is unsure how to respond to a public records request, he or she communicate that to the Public Records Coordinator prior to production of any responsive documents. }. LiCitt•; . a• 1925 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (%) ANNiJAL REVIEW current as of 1/2014 rot a 19 r 2S TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Annual Review At the end of each fiscal year, the Town Attorney or designee shall review the Town's public records compliance process and PUBLIC RECORDS COMPLIANCE manual in an annual Public Records Policy Review meeting with the TownManager and, if appropriate, other staff handling public records. This goal of this meeting is to determine whether changes should be made to this PUBLIC RECORDS COMPLIANCE manual to reflect any `updates to the Public Records Law and to further the goals of the Town of Gulf Stream in providing the - public with access to public records. Any changes proposed at the Public Records Policy Review meeting and agreed upon by Town Attorney or designee shall be incorporated into a revised PUBLIC RECoRDs COMPLIANCE manual, which shall be presented -at a Town Qommission meeting to discuss the revisions and adopt the revised PUBLIC RECORDS COMPLIANCE manual. If there are any additional changes proposed at the meeting and approved by -the coy. mission, the manual shall be further revised to reflect those changes, and resubmitted for approval 'at the next commission meeting. t od .25 TOWN OF GULF STREAM current as of 1/2014 f El25 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Table of Contents X.......................... ............................... ............................ 1 X................... ............................... ............................. 2 X......................... ............................... ............ 3 X..................................... ............................... ................. 4 X..................................... ..............................: ............. 5 X........................... ......................................................... 6 X..... ............................... .................. ............................... 7 X............................ ..:............... . ....... .................................... 8 X.... ............................... .............................. 9 X......................................................... ............................... 10 X.......................................................... ............................... 11 (3LdL.Arj3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA ACTUAL COST OF DUPLICATION Include actual cost of duplication form/table ti V, t.`vtdX.l` 01 'tg�i:.:,,.. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS REPORT USE THE BELOW INFORMAITON TO MAKE UP THE REPORT A form will be used by the Town Manager (see "Public Records Report "-.within (SUPPLEMENT) FORMS) that shall be filled out with the assistance of the Town Clerk or designee, to report the following information: , 1. A list of any public records training activity that has been undertaken by staff since the last Public Records Report. 2. A list of upcoming trainings available,to staff that,can be applied to satisfy the Staff training requirement as outlined in p4rt'(3) STAFF EDUCATION AND TRAINING of the Public Records Compliance Program.'-; 3. An explanation of the current procedures Staff is undertaking to fulfill all incoming requests. This should align with part (1) POLICIES AND PROCEDURES of the Public Records Compliance Program, subject to change to best conform to any changes in the ,Public Records Laws and advice from counsel. 4. An estimation of tli &;time spent responding to public records by Town Staff, and if any special service or other charges have been received for staff time by the parties requesting these records,, a list of the dollar amounts that have been received to offset the production of public records pursuant to Fla. Stat. § 119.07 (4)(d). 5. If any special service charges have been allocated to paying vendors to provide public records pursuant to,their duties under the Public Records Laws, a list of those vendors, the amount charged to the Town, and the amount received from the Requestor. 6. The number of incoming requests received, estimates provided, responses given, and still open requests. A list of the public records requests received since the last public records report shall be attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to the Public Records Compliance Program in part (4) MONITORING OF INCOMING REQUESTS. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA EMPLOYEE DISCIPLINE FOR PUBLIC RECORDS VIOLATION aw TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA TOWN OF GULF STREAM TABLE OF CONTENTS (1) POLICIES AND PROCEDURES (2) CHAIN OF COMMAND (3) STAFF EDUCATION AND TRAINING (4) MONITORING OF INCOMING REQUESTS (5) REPORTING COMPLIANCE TO THE TOWN COMMISSION (6) ENFORCEMENT OF POLICIES (7) ANNUAL REVIEW (SUPPLEMENT) ATTACHMENTS Fes- f 3 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (1� POLICIE'St..',�'!AND PROCEDURES 3 Fr TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Public Records Reauests 1. Introduction The records that the Town of Gulf Stream ( "Town ") keeps in the course of carrying out its duties and responsibilities are public records. Public records are different from records of businesses and private organizations because Florida Law requires public records to be readily accessible and available to the public upon request... Employees and agencies do not have 4he authority to withhold records deemed "sensitive.";, ,Tao= =only records I that can be withheld from public disclosure are those specifically desiguat' by =_the Florida Statutes as confidential or exempt. This policy will provide employees with.-the information necessary to understand and carry out their public records responsibilities. This policy will affirm the public's right to 'accesS Town records and the commitment of the Town to respond to each request in ' a time that' is. reasonable under the circumstances of each request. This policy will also set forth procedures_that will facilitate access to the information requested and establish. fees to be paid to the Town to cover the cost of responding to public records requests in accordance with Florida law. 2. Policy:''..'.., It is the Town's Policy to ensure that public records in the Town's custody are maintained and managed as required- by. Florida's Public Records Laws. These laws provide that all materials made or received by Florida's local governments in connection with their official business are public records. The Town responds to all public records requests in a timely manner. A Town employee is designated as the Public Records Coordinator by the Town Manager to assist with the production of public records requests, and reports directly to the Town Manager. It is the policy of the Town that all public records, with the exception of records or portions of records exempted by Florida Statutes, shall be open for personal inspection by any person. 4 3. Purpose The purpose of this policy is to provide Town employees with the information and procedures necessary to understand and carry out their responsibilities under Floridas Public Records Laws, including the requirements for managing public records, and the manner in which public records requests are to be processed to ensure that responses to each request are organized, inclusive, and in compliance with applicable statutes and rules. 4. Scope This policy applies to all Town employees, who are responsible for forwarding any public records requests to the Records Custodian or Public Records Coordinator. This policy applies to all public records of the Town, regardless of the medium in which they exist, i.e. paper or electronic. 5. Definitions a. "Public records" are all "`documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical - ;`form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business_ - by any agency. Florida Statutes § 119.011(12). b. "Confidential" means public records that have .been identified in the Florida Statutes as. confidential. The information in these records is not subject to inspection by the public and may be released only to the persons and entities designated in the,-,statute. c. "Exempt".means bublic records that have been identified in Florida Statutes Chapter 179 or oth6f `; awlicable Florida Statutes as exempt from public disclosure.`';> d. "Inactive records means records which have lost some of their value or have been superseded ,by, new records, but have not reached their specified retention. Records that; are referenced less than once per month are usually considered inactive. e. "GS1 -SL" means the General Records Schedule GS1 -SL for State and Local Government Agencies, which is available at httn:// dlis .dos.state.fl.us /recordsmgmt/gen records schedules.cfm 6. Records Management" Records management entails retention, storage, disposition, and all other record - keeping requirements and practices that support Department programs, activities, operations, and accomplishments in order to best serve the public. Organization and Maintenance: Public Records shall be organized, arranged, and maintained using a filing or record keeping system that is appropriate to the nature, purpose, and use of the records, can be easily understood by all users, and facilitates the location of and access to those records by all users, when and where it is needed. Retention of records: The Town follows the General Records Schedule GSI -SL for State and Local Government Agencies and other General Records Schedules that may apply to specific records maintained by the Town, e.g. records pertaining to Law Enforcement. Disposition of Records: The Town should systematically dispose of public records that have met their retention requirements and are no longer needed. The Records Custodian or designee must properly document disposition of public records. A records' disposition document form is available from the Division of Library and.,`,-Information Services website at hitp://dlis.dos.state.R.us/barm/forins/dispositiondoc.pdf The ` Records Custodian must permanently retain the completed disposition forms. 7. Procedures for responding to a Public Records Request The Town shall respond to all publicfecords requests in a reasonable time, taking into account the extent, scope, and nature of the request..,'. A public records request is a request to either inspector or both, public records pursuant to Florida Statutes Chapter 119. There is no requirement that the request be made in person or in writing, or be in any particular form. The person., making the request is not required to identify himself or herself, or to provide information aW..the reason for the request, or how the records will be used... All requests should be directed to the Records Custodian or Public Records Coordinator. The request must be clear enough to enable the Town to conduct a meaningful search. The agency may: ask questions about the request in order to respond to the request fully and in a timely manner: -T£ the records_ requested are in the possession of a commission member or member of a Town board, the Town shall forward the request and a description of what is needed. If the records, requested; are in the possession of a third party acting on behalf of the ll Town, the Town sha � consuit .:with the Town Attorney and may forward the request and a description of what is needed.,,,, . Responding to a Public Records Request: The Town of Gulf Stream has developed the following internal procedures to respond to a public records request and assist the public in obtaining public records: C Mark Public Records Request as received: If the request is received by someone other than the Records Custodian or Public Records Coordinator, the employee will forward the request to the Public Records Coordinator or Town Manager, who will then add the request to the Public Records Log for monitoring purposes Acknowledge receipt of Public Records Request: As soon as reasonably possible after the valid receipt of a Public Records Request, the Town of Gulf Stream will acknowledge the request in writing. A sample letter is provided as Attachment 1. Request for Clarification: As a courtesy to the requestor=to= ensure the proper documents are produced or an accurate estimate is provided, if the request requires clarification the Town will send correspondence asking the requestor to clarify_ the request before proceeding with production or an estimate. Requests for clarification wilt be sent 'out'wyhen a request is very broad in scope, ambiguous, or at the discretion of the Public Records Coordinator if he or she needs further clarification to fulfill the request. A sample letter is provided as Attachment 2. Estimate letter: If it is determined to, be necessary by the Public Records Coordinator, he or she will provide the requestor with an estimate of the cost to produce the documents and ask for the estimate to be paid prior to the requestor,.receiving the documents. Prior to the production of public records, the Town shall notify the`equestor of the estimated cost if the cost will exceed $1 and ask for a deposit to cover the estimated cost. Estimates shall contain an itemized breakdown of charges, i.e. number of pages and any special service charge as described below. Production of documents that are $1 or less will be provided free of charge. ; The cost of mailing or shipping the requested material may also be added if the requestor asks that the material be delivered instead of the requestor picking up the material in person. When records can be sent electronically, the Town will make an effort to do so in the interest of efficiency and to minimize costs. In these cases, the Town will charge only for extensive time, if applicable. If the records must be placed on an electronic storage device or because the requestor does not want them sent by email, the cost of the storage device will be charged in addition to any other charges. When the request does not require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be calculated by Fla. Stat. § 119.07 (4), and up to 15 cents may be charged per one -sided copy of not more than 14 by 8 % inches, with no more than an additional five cents to be charged for each two -sided copy. For all other copies, the actual cost of duplication may be charged as calculated in Attachment 3. When a request does require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be the sum of the actual cost of duplication and a special service charge in the amount of the labor cost of the personnel providing the service. The estimate shall include a breakdown of the estimated cost, which shall include the hourly employee rate and estimated time that will be required, and/or the number of responsive documents identified that will fulfill the request. The wage expense portion of the public records special service charges shall be calculated by including the hourly value of benefits in addition to the hourly base rate of pay. The requestor shall not be 7 charged for the first 15 minutes to fulfil the request; the extensive use charge shall be calculated after the first 15 minutes. Deposit Collection: The Town Clerk or designee shall be responsible for collecting the deposit and the Town will commence production of documents only after receiving a deposit. Deposit fees may be paid by cash, check, or money order made payable to the Town of Gulf Stream. Records production: The Town shall make every effort to fully respond to all Public Records Requests within a reasonable time. When warranted and at the discretion of the Public Records Coordinator, the Town may produce documents that are partially responsive. For example, when both electronic and physical records are responsive to a request, the Town may produce those documents electronically, and produce copies of the,physical records to be picked up at the Town Hall. When sending requested records, the Town shall = include a cover letter explaining the status of the matter. If the production of public records is responsive . to the request in full, staff shall indicate that the request is considered fulfilled and closed: If the production of public records is responsive to the request in p , staff shall communicate „ the reason for the partial production (i.e. some records sent electronically, some awaiting pickup), ;and, if possible, the anticipated response time in fulfilling what remains of the request. The Town may not delay, production of records. Records must be produced within the time reasonably required to identify, collect, and copy them for the requestor. The Town must make a good faith effort to satisfy the ,request promptly, consistent with available resources and other priorities. The Public Records Law does not require the Town to generate or create new records not already in the Town's custody in response to a public records request. When a request is made, all documents in the Town's possession at that time that may be responsive must be produced. If other documents that are responsive to the request are created subsequently to the request being received, they are not included in any response. Letter asserting exemptions to Public Records Law: The Public Records Coordinator will identify potentially exempt documents and, if necessary, consult with the Town Attorney to determine whether these document(s) are exempt. Every time a document has been identified as exempt or confidential, the Public Records Coordinator must communicate any exemptions to the requestor, redact and produce the document if necessary, and cite the specific section of the Florida Statutes that covers the exempt information. If only part of a record is confidential or exempt, the Town must redact that information and provide the remaining record to the requestor. The Town's preferred method of redacting records is through the Town's electronic records management software, however, the Town may also black out the exempt information on a copy of the original, photocopy the marked copy, and provide the final copy to the requestor. The marked copy may be destroyed. Other methods are acceptable and may be used as long as the confidential or exempt information is not released to the requestor. 9 10 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Chain of Command 1. Town Manager The Town Manger is the senior level officer,: responsible for delegating responsibility for responding to all public records requests and; naming those employees who will serve in the position of Public Records Coordinator. The Town Manager shall be responsible for monitoring the timely performance of responses to, public recordsrequests and reporting compliance with the public records laws to the Town Commission. 2. Public Records'Coordinator The Town Clerk, or other . town employee designated by the Town Manager, shall serve as the Public Records Coordmatox_ ( "PW), who shall be responsible for monitoring all incoming public records requests and - adhering to .the policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND PROCED-uREs,within this manual. The PRC is responsible for keeping a log,of all public records requests through the implemented monitoring system outlined in (4) MoNiTQRING of INCOMING REQUESTS and reporting regularly, depending on the volume of incoming public records requests, to the Town Manager on compliance and any issues with production. Issues should be resolved within a reasonable time after the meeting with the Town Manager. The PRC has access to the Government -in- the - Sunshine manual, training, and other resources to assist him or her in the timely production of public records, including the Florida Division of Library & Information Services, and the Florida Attorney General's Offices. If PRC is unsure how to proceed after conferring with the resources listed above, and has communicated this to Town Manager, Town Manager can authorize PRC to contact Town Attorney to provide guidance on how best to comply with the law. 11 CtY fi1'X,,�:• S .ix ra TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 12 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Staff Education and Training Town Employees who handle public records requests will attend' at least one training session relating to Florida's public records laws and compliance per year. If the employee is a new hire and has not handled public records requests before within the State of Florida, the employee must attend a training as soon as is reasonable after his or her hire date. These training events can be in- person seminars, pending approval of travel ., and conference expenses; on-site training on the Town's records management software; or any of the various webinars offered by the State of Florida, the Florida Institute of Government, and other Florida- 13 F 0"* ,.-, 0, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 14 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Monitoring of Incoming Requests The Public Records Coordinator is responsible for logg*mg altmepining requests through the date of production and close out. An Excel spreadsheet or other similar, program, for example what is available through the Town's electronic records management software, should be used to, at minimum, track the following: 1. Date Received The date the Public Records Request was received 2. Received by The Town employee Wh6.'r6c'eived the record 3. Requestor Name, email address, or other identifief-of the entity or person making the request 4. Respond to The preferred method of response, -i.e., email: 6r mailing address. 5. Public Records Requested In two columns: the name of the request, e.g. the subject line of the email, for tracking --- -p oses ii. the-'-actual language used by requestor to identify documents 6. Date, of acknowledgrftent letter The date the acknowledgement letter was sent out by the Town 7. Date of Estimate (if applicable) The date the estimate letter was sent out by the Town 8. Date of Production The ddter6spp , iisiV6 documents were sent out by the Town documenting when the request was.,'closed 9. Follow-up The date of any follow-up with brief description, e.g. 9/5/12 request for clarification This documents any additional correspondence that is not in the ordinary course of business but that the Town provides for within (1) POLICIES AND PROCEDURES 10. Notes Any additional information that would be helpful to anyone reviewing the document or to describe what was produced. This will facilitate productive 15 meetings between the Public Records Coordinator and the Town Manager, e.g. email attachment; NSR (no such record exists) The Town Clerk, Town Manager, and Public Records Coordinator shall meet annually, or more frequently at the discretion of the Town Manager depending on the activity, to review the status of matters on the public records spreadsheet. IH TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (5) REPORTING UOMPLIANCE TO 17 t' fir. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Reporting compliance with the Public Records Laws to, the flown Commission is essential. The Town's elected officials must be informed of the To. n_' -s' ability to respond to public records requests so they can make decisions about staff training and additional policies and procedures that may be needed to further the Town's goal of providing access to public records. A form will be used by the Town Manager (Attachment 4) that shall �= bejilled out with the assistance of the Public Records Coordinator, to report the following information: 1. A list of all public records training that has been undertaken by staff since the last Public Records Report. 2. A list of upcoming public records trainings available to staff that can be applied to satisfy the Staff training requirement as outlined in par( (3)_ STAFF EDUCATION AND TRAINING. 3. An explanation of the current procedures Staff is undertaking to fulfill all incoming requests. This should align with part (1);P- 60CiES AND PROCEDURES, subject to any changes in the Public Records Laws and advice from Town Attorney. 4. An'estinatc =of the time spent responding to public records by Town Staff, and if any special service: charges have been received. 5. tA=list of all vendors who have been asked to provide public records pursuant to their dutie's_under the Public= Records Laws, the number of requests, and any special service charges.paid by the Requestor. 6. The number df (a) incori? rig requests received, (b) estimates provided, (c) fulfilled requests, and (d) _still open= requests received since the last Public Records Report. A list of these requests shall. be attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to part (4) MONITORING OF INCOMING REQUESTS. 7. A summary of other costs incurred by the Town related to compliance with the Public Records Laws. This information will be reported to the Town Commission annually, or more frequently at the discretion of the Town Manager depending on the activity to report. 18 4 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA W TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Enforcement of Policies The policies in the PUBLIC RECORDS COMPLIANCE manual shall be followed at all times. In the event they are not followed, or if a lawsuit is fit ed the Town Manager or Town Attorney will inform the Town Commission at the next scheduled Commission meeting. At the meeting, the Town Commission, Town Manager, and -Town Attorney shall discuss how to implement appropriate responsive measures to improve -and enforce compliance if the Town's policies and procedures were not followed. Violation of polices by Town Staff A violation of the abow,volicy outlined in the PUBLIC RECORDS COMPLIANCE manual by the Town Clerk, Public Records.,_ Coordinator, or any. employee of the Town of Gulf Stream may result in disciplinary action' to -and including termination of employment. Violations shall be reported to the Town Commission at the next- commission meeting by the Town Manager by filling out the form "Employee Discipline for Public Records Violation." (Attachment 5). If an employee is unsure how to respond:t'q a public records request, he or she must communicate that to the Public Records Coordinator prior to production of any responsive documents. PQ ,a 21 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Annual Review At the end of each fiscal year, the Town Attorney shall review the Town's public records compliance process and 'PUBLIC RECORDS COMPLIANCE manual in an annual Public Records Policy Review meeting with the Town Manager -.and, if appropriate, other staff handling public records. The goal of this meeting is to determine whether changes should be made to this PUBLIC RECORDS COMPLIANCE manual to reflect any updates.,to the- Public Records Law and to further the goals of the Town of Gulf Stream in providing the pubI zcwith access to public records. Any changes proposed at the Public Records Policy Review meeting and agreed upon by Town Attorney shall be incorporated into a revised PUBLIC RECORDS COMPLIANCE manual, which shall be presented at a Tow 'C meeting to discuss the revisions and adopt the revised PUBLIC RECORDS COMPLIANCE---manual. If there are any additional changes proposed at the meeting and approved by the commission, the manual shall be further revised to reflect those changes, and resubmitted for appygy l at the next commission meeting. 22 d v. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (NUPPLEMENT) ATTACHMENTS 23 �� y r ,F TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA U ATTACH4,M,"''�E`--- NTI SAM"' PLE ACKNOWLEDGMENT LETTER 24 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail [insert date] [insert name of requestor] [insert preferred method of communication, e.g. email address or phone number] Re: PUBLIC RECORDS REQUEST — [insert name or description of request] [copy of the request as stated by the requestorf Dear [insert name of requestor], The Town of Gulf Stream has received your public records request dated [insert date]. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your public records request is set forth in the space below. Our staff will review your request within the next three business days, and we will promptly send you the appropriate. response or an estimated cost to'respond. Sincerely,, Town Clerk Custodian of the Records 25 Your original request, dated [insert date], is reproduced in the space below: [insert copy of email, fax, or transcribed request] 26 TowN of GuLF STREAM PALM BEACH COUNTY, FLORIDA (SUPPLEMENT SAMPLE RE -QUEST FOR CATION LETTER 27 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail [insert date] [insert name of requestor] [insert preferred method of communication, e.g. email address or phone number] Re: PUBLIC RECORDS REQUEST — [insert name or description of request] [copy of the request as stated by the requestorJ; Dear [insert name of requestor], The Town of Gulf Stream has received your public records request dated [insert date], which was acknowledged on [insert date] and is reproduced on the following pages. This letter requests clarification of [state what portion of the requestor language of the request is unclear] of your request :before', determining whether to provide you with an estimate for the extensive use of information techiIi logy resources or extensive clerical or supervisory assistance as described in Fla. Stat: -§_,119.07(4)(d). This request for clarification is done as a courtesy to you to ensure the Town is able to-:accurately and promptly provide you with either an estimate, if necessary, or production of the.public records'you seek. Please clarify the above request as indicated and the Town of Gulf Stream will proceed with fulfilling your request, or providing you. an estimate of the cost of production based on your clarification. Sincerely, Town Clerk Custodian of the Records 28 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 29 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA The actual cost of duplication may fluctuate based on changes in the below variables. The Town shall review such fees on a periodic basis to avoid any danger of conflict with the statutory definition of "actual cost of duplication." Fla. Stat. 11§ 9.07 (�(a)3 — Actual Cost of Duplication {updated November 2013) Based on the following information, the Town of Gulf.St,reaim's actual cost of duplication per Fla. Stat. § 119.07 (4)(a)3 is as follows: 8 V2 x l l $0.08 per sheet -- 8 V2 x 14 $0.09 per sheet 11x17 $0.11 per sheet These figures are based on the paper- cost; monthly copier fee for rental , maintenance, and ink divided by the average number of pages.ptinted per month during FY 2013; and the fixed meter charge. This information is detailed on the following pages. Paper Cost The cost of the different sizes of paper is _`responsible for the difference in actual cost of duplication stated above. Based on the supplemental figures detailed on the following page, the Town of Gulf Stream's actual cost for paper is as follows: 8 �/2 x t l: _ �, $O.Ol per sheet 8 V2 x 14 $0.02 per sheet , l lxl7 --$0.04 per sheet Monthly Copier Fee for Rental, Maintenance, and Ink The Town's cost to rent _the copier is $501.42 per month. This figure includes all ink, service, and maintenance. The monthly average number of pages printed by the Town during FY 2013 is 8088. Based on these figures, it costs the Town $0.06 per copy for use of the printer, all ink, service, and maintenance. (See supplemental figures, below, for a breakdown of these figures). Fixed Meter Charge In addition to the monthly fee discussed above is the per -copy fixed meter charge. This charge is $0.01 for black & white copies, and $0.07 per copy for color copies. 30 Supplemental figures - Fla. Stat. & 119.07 (4)(a)3 - Actual Cost of Duplication Paper Cost 8.5 x 11 = $0.01 $6.89 for 750 pages = $0.01 (rounded from $0.0092) 8.5x14 =$0.02 $11.49 for 500 pages = $0.02 (rounded from $0.0229) 11x17 = $0.04 $22.49 for 500 pages = $0.04 (rounded from $0.0449) Monthly Copier Fee for Rental, Maintenance, and Ink Number of copies made during FY 2013 Month b &w Color Total 1. 5740, 1002 6742 2. 5233, 1004 6237 3. 4155, 1161 5316 - 4. 6884, 699 7583 5. 7971, 1881 9852 6. 6952, 1291 8243 _ 7. 10246, 1139 1,13.85',.:... a. 2446,42T, 2873: (second half of invoice) 8. 6497, 1534 �4�803,1 9. 5252, 1901 715j' _ <:'.:; ....._.. (start 2012, FY 2013)' 10. 6656, 1289 7945 11. 7846, 2067 9913 - -- 12. 4496, 1289 5785 97,058 total copies made for FY 2013 Divided by 12 months = 8088, the average number of copies per month for FY 2012 Monthly Copier Fee for Rental, Maintenance, and Ink: $501.42 Average pages per month divided by monthly copier charge = $0.06 (rounded from $0.0619) Fixed Meter Chame B &W $0.01 (rounded from $0.0099) Color $0.07 (rounded from $0.0690) 31 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSION 32 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA To: Town Commissioners Re: Town Compliance with the Public Records Laws and Public Records Compliance Program Description of current procedures undertaken by Staff to fulfil incoming requests Activity since last report Incoming requests: Estimates provided: Fulfilled requests: Open requests: (Public Records tracking log is attached) 33 Recent Public Records Training Activities applied to annual requirement and name of attendees Upcoming Public Records Trainings Available to Staff to satisfy annual requirement Vendors who have been asked to provide public records, the number of requests received relating to records held by each vendor, and a list of any special service charges from the requestor paid to those vendors 34 2 35 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Employee Discipline for Public Records Violation Name of employee: Date of violation: Type of discipline received: Oral reprimand Written reprimand Suspension or termination Description ofpublic records violation - Has the employee; committed any public records violations in the past? If yes, explain: Description of action taken by Town Manager to prevent future violations 36 JONESFOSTER - -- -- -- — JOHNSTON &STUBBS, P.A. Joanne M. O'Connor Attorney 561 - 650 -0498 Fax: 561- 650 -5300 joconnor @jonesfoster.com May 30, 2014 VIA EMAIL (hopp(Wmydelraybeach.com) Anne Hopp City of Delray Beach Police Department Dear Ms. Hopp, Thank you for taking the time to speak with me yesterday. As I mentioned, the Town of Gulf Stream has, in the course of the litigation pending in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County captioned O'Boyle v. Town of Gulf Stream, Case No. 2014CA004474XXXXMB AG, received a request to produce documents that may be in the possession, custody and control of the City of Delray Beach. Specifically, the Town has received a request for "fajny transcripts or recordings of any communications made by members or employees of the Gulf Stream Police Department and third parties regarding the removal of political or campaign signage on March [31 and 4, 2014." 1 understand that pursuant to its regular schedule the City of Delray Beach destroys records of radio communications after 90 days and, therefore, write to you in order to facilitate the preservation and production of these records. Please allow this letter to request that you immediately remove from any document destruction schedule, preserve and maintain (or forward to me on behalf of the Town) the following: • any recordings of radio communications of the Town of Gulf Stream Police Department for March 3 and 4, 2014. Of the foregoing recordings from March 3 and 4, 2014, if any, please immediately forward to me on behalf of the Town the following: • any recordings of radio communications that relate or refer to Town of Gulf Stream Police Department Case Number 14 -0417; and, Since 1924 1 West Palm Beach I Jupiter Plagler Center Tower 505 SOLIth Plagler Drive, Suite 1100 West Palm Beach, Florida 33401 FX. C, www.jaiiesfoster.com May 30, 2014 Page 2 • any recordings of radio communications by any officer or employee of the Town of Gulf Stream, including Officer #727 (Sgt. John Haseley), made on March 3, 2014 from the time 1400 Hours to 1735 Hours. Additionally, please advise of the individual working dispatch on March 3 and 4, 2014 or, at least, on March 3, 2014 from 1400 Hours to 1735 Hours. Please do not hesitate to contact me should you require any additional information. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Jon M. O'Connor JMO:mtm cc: John C. Randolph, Esq., Town Attorney p: \dots \13147 \00060 \Itr \1jh5863. docx Anthony W. Strianese Chief of Police Delray Beach DELRAY BEACH Police Department COMMISSION AI�M�ricacity 300 West Atlantic Avenue ' Delray Beach, Florida 33444 -3695 a (561) 243 -7888 Fax (561) 243 -7816 Accredited 1993 Since 2004 2001 Joanne M. O'Connor, Esq. Jones Foster Johnson & Stubbs, P.A. 505 South Flagier Drive Suite 1100 West Palm Beach, FL 33401 Re: Dear Ms. O'Connor: June 6, 2014 Public Records Request In accordance with your letter of May 30, 2014, 1 am sending you documents and a disc I received from Katie Hartmann, our Communications Manager: I understand you have spoken with Ms. Hartmann directly regarding this request. If you need any further information or have any questions, you may reach her directly at (561) 243 -7857. Ath /enc. Sincerely yours, Anne T. Hopp Asst. to Catherine M. Kozol Police Legal Advisor Asst. City Attorney Serving with P.R.LD.E. Professionalism, Respect, Integrity, Diversity and Excellence COMMUNICATIONS CENTER SHIFT REPORT a �_�r1 r ISMA, N aim Recorder Status: 0600-0800 0800-1000 1000-1200 1200-1400 1400-1600 1600-1800 Anderson, M. / Shenkinan, L. r� Speers, J. Y Anderson,C (PT) Arena, S. (PT) 6 Bascomb, K. Brito, M. Brooks, L. (PT) Brown, A. Butler, R. Delaney, D. (PT) Drinkwater, K. Goldstein, D. Hoogerwerf, S. Lofts, K. Marino, W. (PT) Maybee, A. Nixon, J. (PT) Rotondi, M. Skeberis, A. Smith, M. Tarantino, S. Tobey, M. Turner, C. Valdez, L. (PT) Recorder Payroll Teletype BOLO's Reports faxed DCF Loa Kitchen / A- School / BL- Bereavement / HO- Holiday Option / N- Regular Day Off / S -Sick / CT -Comp. Time PH- Personal Holiday T -Tardy / NI- Vacation Delray Beach Communications Center Verint Reference Notes GS Radio Traffic 31312014 Reference Date Time Duration Mem DlaledNumber CallerNumber CallerName V6 Calllndex ChannelName Channel Location UPI GS 03- Mar -2014 23:54:04 00:00:55 0 1 09 PD Mein 9 Disk 0 GS 03-Mer-2014 23:47:05 00:01:13 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 23:43:08 00:00:51 0 I 09 PD Mein 9 Disk 0 GS Blue Bag 03- Mar -2014 23:3938 00:01:49 0 I 09 PD Mein 9 Disk 0 GS 03-Mar-2014 23:35:24 00:00:09 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 23:31:19 00:00:59 0 1 09 PD Main 9 Disk 0 GS 03-M r-2014 20:48:54 00:00:11 0 1 09 PO Main 9 Disk 0 GS 03-Mar- -2014 20:46:19 00:00:15 0 1 09 PD Main 9 Disk 0 GS 03 -Mar- -2014 20:41:10 00:00:40 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 20:24:58 00:00:33 0 1 10 TTY 10 Disk 0 GS 03-Mar -2014 20:24:28 00:00:20 0 1 10 TTY 10 Disk 0 GS 034:2014 20:24:16 00:00:04 0 1 09 PD Mein 9 Disk 0 GS 03-Mar- -2014 19:13:20 00:00:04 0 1 09 PD Main 9 Disk 0 GS 03-Mar- -2014 19:04:26 00:01:47 0 1 09 PD Mein 9 DISK 0 GS 03-Mar -2014 19:03:42 00:00:05 0 1 09 PD Mein 9 Disk 0 GS 03-Mar-2014 19:02:48 00:00:08 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 15:26:36 00:00:25 0 1 09 PO Main 9 Disk 0 GS 03 -Mar- -2014 15:05:59 00:00:38 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:42:17 00:00:11 0 1 09 PO Main 9 Disk 0 GS 03-Mar-2014 12:40:58 00:00:50 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 12:33:08 00:00:15 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 12:30:15 00:00:23 0 1 09 PD Main 9 Disk 0 GS 03•Mar- -2014 12:29:20 00:00:42 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:27:19 00:00:13 0 1 09 PD Main 9 Disk 0 GS 03-Mar-2014 1225:38 00:00:52 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 12:21:57 00:00:17 0 1 09 PD Main 9 Disk 0 GS 03- Mar -2014 12:15:37 00:01:23 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 10:23:59 00:01:18 0 1 09 PD Mein 9 Disk 0 GS 03-Mar-2014 09:32:53 00:00:58 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 09:24:57 00:01:33 0 1 09 PD Main 9 Disk 0 GS 03-Mar-2014 08:25:08 00:00:34 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 08:18:59 00:00:06 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 08:11:15 00:00:52 0 1 09 PD Mein 9 Disk 0 GS 03- Mar -2014 07:16:48 00:00:08 0 1 09 PO Mein 9 Disk 0 GS 03-Mar -2014 07:01:53 00:00:06 0 1 09 PO Main 9 Disk 0 GS 03- Mar -2014 07:01:00 00:00:43 0 1 09 PO Main 9 Disk 0 GS 03-Mar -2014 05:01:40 00:01:35 0 1 09 PD Main 9 Disk 0 GS 03-Mar -2014 02:26:32 00:01:23 0 1 09 PO Main 9 Disk 0 Copyright 1995 -2014 Verint Systems, Inc. — I - Printed on 6/5/201417:24:50 Delray Beach Communications Center Verint Reference Notes GS Radio Traffic 3/4/2014 Arc Reference Date Time Duration Mem DlaledNumber CallerNumber CallerName VO Calllndex ChanneiName Channel Location UPI 1 GS 04 -Mar- -2014 02:13:36 00:02:46 0 1 09 PD Mein 9 Disk 0 1 GS 04•Mer -2014 05:03:12 00:01:24 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mer -2014 06:59:44 00:00:05 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar-2014 06:59:59 00:00:05 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 07:00:27 00:00:21 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 07:16:09 00:00:04 0 1 09 PD Main 9 Disk 0 1 GS 04•Mer -2014 09:45:13 00:01:02 0 I 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 09:49:56 00:00:49 0 1 09 PD Main 9 Disk 0 1 GS 04 -Mar- -2014 09:55:47 00:00:23 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 09:56:33 00:00:47 0 1 09 PD Main 9 Disk 0 1 GS 04- Mar -2014 15:26:01 00:00:35 0 t 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 15:30:42 00:00:08 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar -2014 17:34:59 00:00:30 0 1 09 PD Mein 9 Disk 0 1 GS 04 -Mar- -2014 17:39:09 00:00:09 0 1 09 PD Main 9 Disk 0 1 GS 04-Mar -2014 18:59:50 00:00:10 0 1 09 PD Mein 9 Disk 0 1 GS 04•Mor -2014 19:03:22 00:00:05 0 1 09 PD Mein 9 Disk 0 1 GS 04-Mar -2014 19:03:40 00:01:15 0 1 09 PD Mein 9 Disk 0 Copyright ®1995 -2014 Verint Systems, Inc. — 1 - Printed on 6/5/201417:23:00 CITY OF DELRAY BEACH Event Report Event ID: 2014- 0019359 Call Ref #: 822 Date/Time Received: 03/03/14 15:55:30 Rpt #: 14- 000417 Prime 7D3 Services Involved Call Source: SELF Unit: HASELEY, J LAW Location: 2900 AVE AUSOLEIL Close Unit Empl ID Jur: D13 Service: LAW Agency: GSPD X -ST: Code User 7D3 727 D Dispatched St/Beat: GS District: RA: Business: Phone: A GP: GS Nature: CIVIL MATTER P3 Alarm Lvl: 1 Priority: 3 7D3 Medical Priority: 0 Reclassified Nature: Cleared 03/03/1416:39:52 IR Unit:7D3 Caller: Alarm: Addr: Phone: Alarm Type: Vehicle #: St: FL Report Only: No Race: Sex: Age: Call Taker: Unit:7D3 Console: QRYSRV 3eo- Verified Addr.: Yes Nature Summary Code: S66 Disposition: IR Close Comments: gotes: zone two at 1615 hrs [03/03/14 16:20:34 Unit:7D3] SIGN ORDINANCE [03/03/2014 15:55:30 Unit:7D3] Times, Call Received: 03/03/14 15:55:30 Time From Call Received Call Routed: 03/03/14 15:55:31 000:00:01 Unit Reaction: (1st Dispatch to 1st Arrive) Call Take Finished: 03/03/14 15:55:31 000:00:01 En- Route: (1st Dispatch to 1st En- Route) 1st Dispatch: 03/03/14 15:55:31 000:00:01 (Time Held) On- Scene: 000:44:21 (1st Arrive to Last Clear) 1 st En- Route: 1 st Arrive: 03/03/14 15:55:31 000:00:01 (Reaction Time) Last Clear: 03/03/14 16:39:52 000:44:22 Event Log Close Unit Empl ID Type Description Time Stamp Comments Code User TR Time Received 03/03/14 15:55:300y: SELF - FIN Finished Call Taking 03/03/14 15:55:31 Report Generated: 06/02/2014 10:22:44 1 User ID: SHENKMAN EventHistory _Event Portrait Unit:7D3 Unit:7D3 Page 1 of 2 Radio Log Close Unit Empl ID Type Description Time Stamp Comments Code User 7D3 727 D Dispatched 03/03/14 15:55:31 Stat/Beat: GS ;SIGN ORDINANCE Unit:7D3 7D3 727 A Arrived 03/03/14 15:55:31 Stat/Beat: GS ;SIGN ORDINANCE Unit:7D3 7D3 727 C Cleared 03/03/1416:39:52 IR Unit:7D3 Event Log Close Unit Empl ID Type Description Time Stamp Comments Code User TR Time Received 03/03/14 15:55:300y: SELF - FIN Finished Call Taking 03/03/14 15:55:31 Report Generated: 06/02/2014 10:22:44 1 User ID: SHENKMAN EventHistory _Event Portrait Unit:7D3 Unit:7D3 Page 1 of 2 Event ID:2014- 0019359 Call Ref #: 822 CIVIL MATTER P3 at 2900 AVE AUSOLEIL RPT Requested Report# 03/03/14 15:55:32 GSPD Report #14- 000417 Unit:7D3 Unit:7D3 ARM Added Remarks 03/03/14 16:20:34 Unit:7D3 Event Report Page 2 of 2 Ad Hoc Report: GS GS Date: 6/5/2014 Description: Delray Beach PD Seizure DateTime Position ID ANI 313/20147:17:08 AM 39 561 - 278 8611 Page 1 of 1 https:// fl. ecats9lI. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1073 6/5/2014 Ad Hoc Report: GS GS Date: 6/5!2014 Description: Defray Beach PD No records No records found for Delay Beach PD rage i oz 1. https: / /fl. ecats911. com/ DesktopModules /AdHocReports/Viewer/ReportPane. aspx ?id =1071 6/5/2014 Ad Hoc Report: GS GS Date: 615/2014 Description: De1ray Beach PD No records No records found for Delray Beach PD rage i or i https:// fl. ecats911. com/ DesktopModules/ AdHocReports/Viewer /ReportPane.aspx ?id =1070 6/5/2014 Ad Hoc Report: GS GS Date: 6/5/2014 Description: De1ray Beach PD No records No records found for Delray Beach PD rage i of i https:// fl. ecats9l1. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1068 6/5/2014 Ad Hoc Report: GS GS Date: 6/5/2014 Description: Deiray Beach PD No records No records found for Delray Beach PD 0,� i Owl Page 1 of 1 https:// fl. ecats911. com/ DesktopModules/ AdHocReports Niewer/ReportPane.aspx ?id =1067 6/5/2014 PTT (Push To Talk) Radio traffic from GS to Delray Dispatch March 3, 2014 and March 4, 2014 2802 —OFC. PASSEGGIATA 03/03/2014 08:25:07 AM CDBPDMAIN 03`03/2014 08:25:13 AM CDBPDMAIN 03/03/2014 09:24:56 AM CDBPDMAIN 03/03/2014 09:25:13 AM CDBPDMAIN 03/03/2014 09:25:23 AM CDBPDMAIN 03103/2014 10:24:18 AM CDBPDMAIN 03/03/2014 10:24:24 AM CDBPDMAIN 03/03/2014 10:24:49 AM CDBPDMAIN 03103/2014 12:42:16 PM CDBPDMAIN EID 2781 - OFC. SUTTON 03/03/2014 02:27:35 AM CDBPDMAIN 03103/2014 05:01:55 AM CDBPDMAIN EID 2782 - OFC. O'DONNEL 03103/2014 07:01:51 AM CDBPDMAIN 03/03/2014 08:11:14 AM CDBPDMAIN 03/03/2014 08:11:22 AM CDBPDMAIN 03/03/2014 08:11:44 AM CDBPDMAIN 03/03/2014 08:19:01 AM CDBPDMAIN 03/03/2014 08:25:36 AM CDBPDMAIN 03/03/2014 10:46:04 AM LE -CALL 03/03/2014 12:28:09 PM LE -CALL 03/03/2014 12:29:44 PM CDBPDMAIN 03103/2014 12:29:52 PM CDBPDMAIN 0310312014 12:30:18 PM CDBPDMAIN 03/03/2014 12:30:28 PM CDBPDMAIN 0310312014 03:06:24 PM CDBPDMAIN 03/03/2014 03:06:30 PM CDBPDMAIN 03/03/2014 03:26:51 PM CDBPDMAIN 03/03/2014 07:02:47 PM CDBPDMAIN 03104/2014 07:00:24 AM CDBPDMAIN 03/04/2014 03:26:00 PM CDBPDMAIN 03/04/2014 03:26:06 PM CDBPDMAIN 03/04/2014 03:30:44 PM CDBPDMAIN 03/04/2014 05:34:57 PM CDBPDMAIN 03/04/2014 05:35:04 PM CDBPDMAIN 03/04/2014 05:39:11 PM CDBPDMAIN 03/04/2014 06:59:48 PM CDBPDMAIN EID 2784 -SGT. HASLEY 03/03/2014 07:16:47 AM CDBPDMAIN 03/03/2014 09:32:51 AM CDBPDMAIN 03/03/2014 09:32:57 AM CDBPDMAIN 03/03/2014 09:33:47 AM CDBPDMAIN 03/03/2014 12:16:54 PM CDBPDMAIN 03/03/2014 12:21:59 PM CDBPDMAIN 03/03/2014 12:22:05 PM CDBPDMAIN 03/03/2014 12:27:17 PM CDBPDMAIN 03/03/2014 12:27:24 PM CDBPDMAIN 03/03/2014 12:33:12 PM CDBPDMAIN 0310312014 12:41:35 PM CDBPDMAIN 0310312014 12:47:19 PM CDBPDMAIN 03/0312014 07:06:07 PM CDBPDMAIN 03/04/2014 07:16:07 AM CDBPDMAIN 03/04/2014 09:45:43 AM CDBPDMAIN 03/04/2014 09:45:49 AM CDBPDMAIN 03/04/2014 09:50:29 AM CDBPDMAIN 03104/2014 09:55:59 AM CDBPDMAIN 03/04/2014 09:58:42 AM CDBPDMAIN 03/04/2014 07:0320 PM CDBPDMAIN EID 2785 - OFC. HAMORI 03/03/2014 02:27:29 AM 03/03/2014 05:01 49 AM 03/03/2014 0701 23 AM EID 2786 - OFC. PYLE CDBPDMAIN CDBPDMAIN CDBPDMAIN 03/03/2014 12:16:30 PM CDBPDMAIN 03/0312014 12:16:45 PM CDBPDMAIN 03/03/2014 12:25:37 PM CDBPDMAIN 03/03/2014 07:03:41 CDBPDMAIN PM CDBPDMAIN 03103/2014 11:31:23 08:24:26 PM PM CDBPDINFO 03/03/2014 11:31:24 03/03/2014 PM CDBPDMAIN 03/03/2014 11:31:40 PM CDBPDMAIN 03/03/2014 11:32:01 PM CDBPDMAIN 03103/2014 11:43:55 PM CDBPDMAIN 03103/2014 11:47:26 PM CDBPDMAIN 03/04/2014 02:15:31 AM CDBPDMAIN 03/04/2014 05:04 09 AM CDBPDMAIN 03/04/2014 06:59:43 AM CDBPDMAIN 03/04/2014 07:03:47 PM CDBPDMAIN EID 2789 - SGT. BRADLEY 03/03/2014 07:13:19 PM CDBPDMAIN 03/03/2014 08:24:14 PM CDBPDMAIN 03!0312014 08:24:26 PM CDBPDINFO 03/03/2014 08:24:33 PM CDBPDINFO 03/03/2014 08:25:00 PM CDBPDINFO 03103/2014 08:25:06 PM CDBPDINFO 03/03/2014 08 2516 PM CDBPDINFO 03/03/2014 08 41 08 PM CDBPDMAIN 03/03/2014 0841 20 PM CDBPDMAIN 03/03/2014 08:46 31 PM CDBPDMAIN 03/0312014 08:48:53 PM CDBPDMAIN 03/03/2014 08:48:58 PM CDBPDMAIN 03/03/2014 11:31:52 PM CDBPDMAIN 03/03/2014 11:33:28 PM CDBPDMAIN 03/03/2014 11:33:33 PM CDBPDMAIN 03103/2014 11:35:22 PM CDBPDMAIN 03/03/2014 11:3922 PM CDBPDMAIN 03/0312014 11 39 39 PM CDBPDMAIN 03/03/2014 11:39:51 PM CDBPDMAIN 03/03/2014 11:43:12 PM CDBPDMAIN 03/03/2014 11:43:34 PM CDBPDMAIN 03/03/2014 11:43:49 PM CDBPDMAIN 03/03/2014 11:47:20 PM CDBPDMAIN 03/03/2014 11:54:03 PM CDBPDMAIN 03/03/2014 11:54:09 PM CDBPDMAIN 03/03/2014 11:54:41 PM CDBPDMAIN 03/04/2014 02:15:36 AM CDBPDMAIN 03/04/2014 05:04:15 AM CDBPDMAIN 03/04/2014 06:59:57 AM CDBPDMAIN 03/04/2014 07:03:38 PM CDBPDMAIN There was no radio traffic detected on the radios assigned to Chief Ward, Lt. Allan, Sgt. Gorel, Ofc. Ladd or on GS -Spare on these dates. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 21, 2014 Stopdirtygovernment, LLC [mail to: records @commerce- group.com] Re: GS #1055 (606), #1056 (607) Provide a log of all public records and communications with the Town of Gulf Stream (including their Police Department) and Delray Dispatch on March 3, 2014 and March 4, 2014. Provide a copy of all public records which would contain all available communications between Delray Dispatch and the Town of Gulf Stream (including their Police Department) on March 3, 2014 and March 4, 2014. Dear Stopdirtygovernment, LLC [mail to: records(oDcommerce- eroun.coml, This letter provides you with the full production of public records you have requested on June 24, 2014. Your original request can be viewed at the following link htti)://www2.gulf- stream. ore /WebLink8 /0 /doc /16781/Pagel.asnx and htip://WWW2.gulf- stream.org/WebLink8/0/doc/16780/Pagel.asox. Be advised that the responsive documents are available at the same links. Also responsive to your request is a CD of telephone calls from March 3 and 4, 2014 that are maintained by the City of Delray Beach. That CD and other responsive documents were previously produced to your counsel on or about June 17, 2014 with the Town's Responses and Objections to Plaintiff's Request for Production in O'Boyle v. Gulf Stream, Case No. 2014CA004474AG (see Responses, attached). We further understand that responsive documents including the CD were produced to you by the city of Delray Beach Police Department in response to your records request number 1369 dated June 24, 2014. If you should want another copy of the CD, please advise and we will produce the record. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records