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HomeMy Public PortalAboutFW_ GS #2704 - September 22_ 2015 Incident - Gulf Stream Police Issue IPM.Note FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue FW: Martin E. O’Boyle SMTP meo@commerce-group.com GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue X-Vipre-Scanned: 0FA141C701363C0FA14314 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Mailbox Transport; Sat, 4 May 2019 14:11:55 -0400 Received: from GSEXCH-1.GulfstreamTH.local (10.0.0.22) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7; Sat, 4 May 2019 14:11:49 -0400 Received: from 15pmail.ess.barracuda.com (209.222.82.70) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Sat, 4 May 2019 14:11:49 -0400 Received: from NAM02-CY1-obe.outbound.protection.outlook.com (mail-cys01nam02lp2054.outbound.protection.outlook.com [104.47.37.54]) by mx1.us-east-2b.ess.aws.cudaops.com (version=TLSv1.2 cipher=ECDHE-RSA-AES256-SHA384 bits=256 verify=NO); Sat, 04 May 2019 18:11:47 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com (10.255.129.22) by BN6PR16MB3122.namprd16.prod.outlook.com (10.255.129.21) with Microsoft SMTP Server (version=TLS1_2, cipher=TLS_ECDHE_RSA_WITH_AES_256_GCM_SHA384) id 15.20.1856.10; Sat, 4 May 2019 18:11:44 +0000 Received: from BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::f87d:a180:8b64:daab]) by BN6PR16MB3235.namprd16.prod.outlook.com ([fe80::f87d:a180:8b64:daab%6]) with mapi id 15.20.1856.012; Sat, 4 May 2019 18:11:44 +0000 From: =?Windows-1252?Q?Martin_E=2E_O=92Boyle?= <meo@commerce-group.com> To: Renee Basel <RBasel@gulf-stream.org> Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Thread-Topic: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Thread-Index: AdUCpFELw1eAE3/RTdufrBZVEeBXMg== Date: Sat, 4 May 2019 18:11:44 +0000 Message-ID: <BN6PR16MB3235B3698FF7B737E7F442CA9D360@BN6PR16MB3235.namprd16.prod.outlook.com> Accept-Language: en-US Content-Language: en-US X-MS-Exchange-Organization-AuthAs: Anonymous X-MS-Exchange-Organization-AuthSource: GSEXCH-1.GulfstreamTH.local X-MS-Has-Attach: yes X-MS-TNEF-Correlator: received-spf: None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) x-forefront-antispam-report: SFV:NSPM;SFS:(10019020)(1496009)(346002)(366004)(396003)(136003)(376002)(39830400003)(81564003)(199004)(189003)(6506007)(102836004)(229853002)(186003)(45776006)(99286004)(53546011)(71190400001)(5253 6014)(2906002)(64756008)(66476007)(66946007)(66446008)(66556008)(508600001)(71200400001)(476003)(15974865002)(66616009)(6436002)(76116006)(7696005)(5660300002)(66066001)(26005)(8676002)(14454004)(811 56014)(81166006)(86362001)(68736007)(8936002)(6916009)(5024004)(14444005)(316002)(73956011)(486006)(25786009)(99936001)(55016002)(256004)(6116002)(790700001)(3846002)(33656002)(74316002)(606006)(9686 003)(53936002)(54896002)(6306002)(236005)(7736002)(2473003);DIR:OUT;SFP:1102;SCL:1;SRVR:BN6PR16MB3122;H:BN6PR16MB3235.namprd16.prod.outlook.com;FPR:;SPF:None;LANG:en;PTR:InfoNoRecords;A:1;MX:1; x-forefront-prvs: 0027ED21E7 dkim-signature: v=1; a=rsa-sha256; c=relaxed/relaxed; d=commercegroupinc.onmicrosoft.com; s=selector1-commercegroup-com02b; h=From:Date:Subject:Message-ID:Content-Type:MIME-Version:X-MS-Exchange-SenderADCheck; bh=WuVxG2H1nXPT9UA7coSvyQ3kes61V96PEtWmdmnVwOM=; b=GI6DlfvQ4xiepONh6Y7gcyTL0cH1IxgLHJ1eZ31mBa2qdTsCqOimxUGi4IqU5x5kFBG6uQJQbkia2lMet41FWBJL444cQNXz5FdHOq5HWzVMVfIVVExrJVrlSBBBG/PSEcB6sCBNcc9scHTFcinO6S1/rHpy1jbQuyXeyDoGlBM= authentication-results: spf=none (sender IP is ) smtp.mailfrom=meo@commerce-group.com; x-originating-ip: [107.206.179.8] x-vipre-scanned: 1AA4485E0125AC1AA449AB Content-Type: multipart/mixed; boundary="_004_BN6PR16MB3235B3698FF7B737E7F442CA9D360BN6PR16MB3235namp_" MIME-Version: 1.0 Martin E. O’Boyle SMTP meo@commerce-group.com Renee Basel O'Boyle GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my request in the simplest of terms. See immediately below: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. NOTE: To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704 Good afternoon, Mr. O’Boyle: See attached correspondence. Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org <http://www.gulf-stream.org/> Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 361FC68D4D4BAA42A44AB4774DD53D01@namprd09.prod.outlook.com <BN6PR16MB3235B3698FF7B737E7F442CA9D360@BN6PR16MB3235.namprd16.prod.outlook.com> Dear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. I am finding your communications as creating confusion. Considering the foregoing, I wish to state my requ Renee Basel Renee Basel EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=3BAA9F04D837426B9ED16B03EC111B7B-RBASEL Martin E. O’Boyle Martin E. O’Boyle Renee Basel Renee Basel meo@commerce-group.com meo@commerce-group.com rbasel@gulf-stream.org rbasel@gulf-stream.org II=[CID=138057c3-d17f-db4d-9fac-165511e05732;IDXHEAD=D502A4510B;IDXCOUNT=1];SBT=25;THA=1854338831;TFR=NotForking;Version=Version 15.20 (Build 2157.0), Stage=H7;UP=10;DP=1C5 en None (protection.outlook.com: commerce-group.com does not designate permitted sender hosts) GSEXCH-1.GulfstreamTH.local en-US 7E693B900D2FD421 Anonymous 0FA141C701363C0FA14314 Renee Basel EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=3baa9f04d837426b9ed16b03ec111b7b-rbasel rbasel@gulf-stream.org Renee Basel sip:rbasel@gulf-stream.org GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 3, 2019 Martin E. O’Boyle [mail to: meo@commerce-group.com] Re: GS #2704 (Records Request – Incident – September 22, 2015) Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin O’Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the “Town of Gulf Stream”. The term “Town of Gulf Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. (including, without limitation, the attorneys, employees and partners of each such law firm.) As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records. Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. Dear Martin E. O’Boyle [mail to: meo@commerce-group.com]: The original request and correspondence can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/123640/Page1.aspx You have clarified your request to be seeking any records that mention or refer to Martin O’Boyle and refer to the incident at Town Hall on September 22, 2015 either directly or indirectly. Your request as clarified, specifically all records which refer to something “indirectly,” is not sufficient for the Town to identify the records you seek. In order to satisfy your request and respond in good faith, the Town, on April 29, 2019 provided you with records that had been provided in response to seven previous broad requests relating to this incident, and has now performed an IT search of emails from September 22, 2015 to the date of your request with the content “O’Boyle” and “September 22” or “lobby” or “incident,” as well as any emails to or from @sao17.state.fl.us. Further, the Town Attorney also performed searches, including an IT search of emails from jrandolph@jonesfoster.com to @gulf-stream.org and @commercegroup.com from September 22, 2015 to the date of your request with the content “O’Boyle” and “September 22” or “lobby” or “incident.” The Town will supplement the above production with the remainder of records next week. Upon final determination of the costs associated with responding to this request, the Town will refund what remains of your facilitation fee, if any, or ask for an additional deposit to cover any estimated costs that exceed your initial deposit. Please note that these searches did not include general references to the criminal case number stemming from this incident, which may appear in various iterations of draft settlement documents and related discussions. As it relates to settlement discussions between you or your lawyers and the Town, its lawyers, or it’s Mayor, those records are in your possession and are further deemed to be unresponsive to your request. As a courtesy, e-mails between you and Mayor Scott Morgan have been provided that refer to the criminal case as part of those settlement discussions. However, the Town does not understand your request to be seeking documents generated by you, your attorneys, or agents, or in your possession. The Town endeavors to provide you with records that are responsive to your request, without providing you with unnecessary records that are already in your possession. Please further note that many of these records have met their retention, are transitory in nature, or otherwise are not public records as they do not perpetuate, communicate, or formalize knowledge of the Town of Gulf Stream. Therefore, some of these records are only being provided to you as a courtesy, in an abundance of caution, and should not be construed to be public records or responsive to this request. Sincerely, Reneé Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records .pdf GS#270~1.pdf GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf application/pdf E05E4A2296A99545B764E678446FD802@namprd16.prod.outlook.com EnUsDear Ms. Basel – upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between.   I am finding  your communications as creating confusion.   Considering the foregoing, I wish to state my request in the simplest of terms.  See immediately below:    Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all E-Mails, phone records, messages, letters, memos  and other communications sent by, received by or created by the “Town of Gulf Stream”.   The term “Town  of Gulf  Stream” shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers its counsel and the following law firms:  Sweetapple, Broeker & Varkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Anselmo Murdoch Burke Piper & Hochman, P.A.  (including, without limitation, the attorneys, employees and partners of each such law firm.)   As to any records which you choose not to produce on the basis of claim that the record is privileged, kindly provide a Privilege Log or an explanation (pursuant to Chapter 119) as to your basis for withholding any such records.  Also, to the extent that there are any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence.   NOTE:  To the extent that there exists documents are responsive to this request, please just provide those documents as responsive documents to this request.   NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4PM on Friday, May 10, 2019, I intend  to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted.       Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com   From: Renee Basel <RBasel@gulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O’Boyle <meo@commerce-group.com> Subject: GS #2704   Good afternoon, Mr. O’Boyle:   See attached correspondence.   Sincerely, Reneé Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax HYPERLINK "http://www.gulf-stream.org/"www.gulf-stream.org   Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.