Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My Public Portal
About
PRR 14-1055
Your original request, dated June 24, 2014, is reproduced in the space below: RECORDS BEQUEST (the "RegmO Date of Request 6!24114 Requester s Request lDik 606 REQUESTEE: Custodian of Records, Town of Gulf Stream REQUESTOIC STOPDIRTYGOVERNMENT, LLC REQUESTOWS CONTACT INFORMATION: E -Mail: rtemdsrgYommerce- poup.com Fns 954 - 366-0607; Addms: 12B0 PlestNeaport Cemer Dram Deerfield Beath, FL 33442 REQUEST: Provide a Ion 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. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST 15 MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND 15 ALSO REQUESTED UNDER THE COXINIONLAW RIGHT TO SNOW, THE COMMONLAW RIGHT OF ACCESS; AND ANT STATUTORY RIGHT TO SNOW (INCLUDING, IITTHOUTLI IITATION, ANT ST? ITUfORYRIGHTOFACCESS ,_1S_1PPLICABLE). THIS REQUEST ISALS011LADE PURSUANT TO THE RIGHTS OF THE REQL-ESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED r ED IN ELECTRONIC FORM. IF NOT AT :AII_ABLE IN ELECTRONIC FOR \L IT IS REQUESTED TEAT THIS RECORDS_REOUEST BE FU-r I i Fn ON 11 C 17 PAPER NOTE: MALL CASES RUNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED ND SHOULD BE BILLED IN ACCORDANCE RTTH Section 119.07(4) (a) (2) ALL ELECTRONIC COPIES ARE REOUESTED TO BE SENT BY E -M-AE DELIVERY. PLEASE PROD -IDE THE APPROXIMATE COSTS (IF Art) TO FULFILL FIr L THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester apprure of any cost; asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), is advance of any costs imposed to the Requester by the Agency. LP:METRR 011'.13 FORM 1053 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 27, 2014 Stopdirtygovemment, LLC [mailto: records @commerce- group.com] Re: PRR 606 Provide a log of all public records and communications with the Town of Gulf Stream (inchiding their Police Department) and Delray Dispatch on March 3, 2014 and March 4, 2014. Dear Stopdirtygovernment, 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 " I n t h e e v e n t t h a t t h e a c t u a l c o s t o f d u p l i c a t i o n n e e d s t o b e c h a r g e d w h e n l a b o r c o s t s a r e a s s e s s e d u n d e r t h e r e l e v a n t F l o r i d a S t a t u t e s , t h e P u b l i c R e c o r d s C o o r d i n a t o r c a n r e f e r e n c e t h e "