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Police Records Followup.
Kelly Avery
Jonathan O'Boyle
Kelly Avery
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Police Records Followup.
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From: Jonathan O'Boyle <joboyle@oboylelawfirm.com>
To: "OConnor, Joanne M." <JOConnor@jonesfoster.com>
CC: Ken Drake <kendrake@dldlawyers.com>, Kelly Avery <kavery@gulf-stream.org>,
"Macfarlane, Mary" <MMacfarlane@jonesfoster.com>
Subject: Police Records Followup.
Thread-Topic: Police Records Followup.
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Date: Wed, 23 Dec 2015 18:33:03 +0000
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Jonathan O'Boyle
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joboyle@oboylelawfirm.com
Ken Drake; Kelly Avery; Macfarlane, Mary
OConnor, Joanne M.
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Police Records Followup.
Hey Joanne, my apologies if you already got back to me Monday, had a bit of a whirlwind last week. I just wanted to confirm that I had all records emanating from the September 2015
incident. I don’t want to be any confusion, since I just saw a supplement, but I did ask for all records stemming from the September 22, 2015 incident (On October 28, 2015). Just
to be sure, I am supplementing my request to reflect that I am seeking all records stemming from the Sep. 22 incident through the date of this request. Frankly, I think the best way
to go about this is to just add to my request entitled (GS #1994) so it is all in one place. I think that would work best for everyone since I find no need to republish that which
has already been available under that request number at the Town’s website – if that makes any sense.
To that end, I wanted to confirm that there were no notes, digital files (including but not limited to police radio communications), or use of force reports. Just so we are clear, I
am talking about documents, audio, video, media, notes – i.e. anything that fits the definition of a public record that was generated from that incident or received – including any
notes or comments on the Sergio Witness fella’. I have his statement/affidavit, but I don’t have any police notes or emails with the witness.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
www.oboylelawfirm.com
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
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THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Friday, December 11, 2015 5:45 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
The Town has produced at 15-1994 (response to your initial request) and, more recently, to Martin O’Boyle in response to PRR 15-2059, what it understands to be all records responsive
to those public records requests relative to the 9/22/15 incident. I am not aware of any radio recordings or a use of force report but will inquire Monday and get back to you.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
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From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Thursday, December 10, 2015 6:06 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
I was not aware, that is why I asked the first time, and again. Thank you in any event, but your assumption that I was asking just for the sake of asking is not well taken and appears
to be a veiled attempt to create a record to make blowing me off seem immaterial. Hey, I support creating a record, but let’s not go down the road of making errant assumptions not
based in evidence. Not Kosher.
But in the future, please be mindful that asserting an exemption is not so simple. If an exemption is asserted, especially one dictated by a third party, I feel that the requestor should
get as much information as possible to double check that exemption and challenge it if need be – who knows? I mean come on, “trust me” isn’t going to cut it with the Gulf Stream crowd,
trust is earned with good faith and transparency. I am setting forth my expectations for a reason, I don’t ever want to be blown off again.
Custodians have to act in good-faith when it comes to this stuff and despite the litigation (which already makes it difficult enough to request records ethically), the government still
has affirmative duties to ensure that all responsive records are produced and that the requestor has all available information. Which I might add, should not be difficult for a small
Town; we are not talking about New York City with tens of thousands of employees and information scattered everywhere.
So I trust (even though I actually don’t) that the records produced were done so in good faith and that no outstanding records exist? I mean where is the use of force report and the
radio recordings stored off-site at Delray? I want to ask before those records get destroyed without a disposition report like the last two time I sought records. Prove my suspicions
to be unfounded, it is not difficult with such a small Town to ask around for this stuff, after all there are what …? Like 20 people max.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
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THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Monday, December 07, 2015 5:20 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary; Records
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally
produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly,
the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow
in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced
now for everyone’s benefit.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
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From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Thursday, December 03, 2015 4:07 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not
a request for information, the request for information was related to the LEXIS report.
And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney
has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that
no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so.
This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have
been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want
to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information).
Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking
for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved.
So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off.
Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for.
As Ben Carson would say, “That’s just silly.”
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Wednesday, December 02, 2015 11:06 AM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that
you seek.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Tuesday, November 24, 2015 4:16 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report?
which attorney gave the order? and who is their supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills
strongly suggest it was either yourself of Ms. Richman.
I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested
so I can stop thinking of new ways to ask for records that would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this
is the easiest way to find this information. I thank you for your prompt response.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: Jonathan O'Boyle
Sent: Tuesday, November 10, 2015 5:56 PM
To: 'OConnor, Joanne M.'
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Wednesday is fine. If you need more time – no problem. Frankly, take until the 20th if you need. I suspect I will not get around to following up until that weekend.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Tuesday, November 10, 2015 5:36 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
I was out yesterday but am able to provide this partial response to your public records request:
1. Thanks for letting us know about the police manual.
2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have
an answer to you in the next day or two.
3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created.
4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town
until next Wednesday, that would be helpful.
5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request,
I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen
a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it,
is the attached electronic draft of the letter.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Friday, November 06, 2015 6:32 PM
To: OConnor, Joanne M.; Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any
document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile
letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a
FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to
preach “knowing is half the battle.”
Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application
for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement
was not produced. Can I get that document?
Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they
were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise.
Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with
them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it
was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it –
but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could
just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be.
Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s,
drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s
allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting
Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the
original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me.
If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production
schedule, let me know.
P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted
to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com>
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From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Monday, November 02, 2015 4:31 PM
To: Jonathan O'Boyle
Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
- There is no disposition record that references your purported 2013 handwritten records request.
- I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners.
- Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR
1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative
information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding
as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town
is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days.
- With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx
<http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx> . If there is something different that you seek, please advise.
- The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application.
Thanks,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Wednesday, October 28, 2015 12:04 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written
request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch.
And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the
Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is
anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested
in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed
this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that
all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying.
Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any
other electronic document reflecting the same. This one should be super easy.
Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that
discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent,
including any transmissions to the State Attorney’s office.
Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the
result of any investigation than other details.
My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever.
Thank you kindly.
.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Friday, October 16, 2015 1:13 PM
To: Jonathan O'Boyle
Cc: Maria Sciolto Alvarez; Kelly Avery
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the
General Records Schedule GS1-SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests.
The Town considers its response to this request to be complete.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> ]
Sent: Monday, October 12, 2015 1:02 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I am writing to get back to you on the records request.
First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.”
Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would
kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process
and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town
seek an advisory opinion from the Attorney General. I would consider this one a “low priority.”
Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according
to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for
other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special
“search” charge, please let me know the Town’s authority so I can reconsider.
Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write
it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in
2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.”
Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that
stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes
any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the
employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting
the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.”
Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting
the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I
stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports,
and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better.
To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know.
While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes
a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling
interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights
and make efforts to stop any unlawful behavior.
If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just
need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non-disclosure. Although I am going two-steps ahead
here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate
State/Federal judicial/executive branches. “High Priority.”
As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think
might be responsive but are not sure, let me know and we can work it out accordingly.
Thanks.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com <mailto:JOConnor@jonesfoster.com> ]
Sent: Friday, September 04, 2015 12:03 PM
To: Jonathan O'Boyle; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not
have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications
with Board of Bar Examiners.
As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the
Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple
or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm
these are the records you seek.
Please let me know if I am missing anything.
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> ]
Sent: Friday, September 04, 2015 11:23 AM
To: OConnor, Joanne M.; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills.
Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications
regarding the board of bar examiners to be inclusive in my UPL file request.
In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it.
Thanks.
JRO.
From: Jonathan O'Boyle
Sent: Monday, August 31, 2015 8:43 PM
To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne.
In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on
Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case.
Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts?
Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com <mailto:JOConnor@jonesfoster.com> ]
Sent: Tuesday, July 14, 2015 12:15 PM
To: Jonathan O'Boyle; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | joconnor@jonesfoster.com <mailto:joconnor@jonesfoster.com>
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | www.jonesfoster.com <http://www.jonesfoster.com/>
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> ]
Sent: Tuesday, July 14, 2015 12:02 PM
To: Maria Sciolto Alvarez; OConnor, Joanne M.
Subject: Records Request - JRO 7/14/15
Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive.
First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not
but I am not accepting service in any way, just seeking a copy of that order.
Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records
reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance.
I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said
what and why about the creation of the ordinance and its language.
I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation.
Additionally, if the Town needs to assess a special service charge, let me know in advance.
If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind.
If you have any question, about the records requests please shoot me an email.
2E553F9576AD5A419CAF0785BD2554D6@gulf-stream.org
<D6077A0B3526E4439AF87D101517708B395DC276@ORD2MBX01D.mex05.mlsrvr.com>
Hey Joanne, my apologies if you already got back to me Monday, had a bit of a whirlwind last week. I just wanted to confirm that I had all records emanating from the September 2015
incident. I don’t want to be any confusion, since I just saw a supplemen
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EnUsHey Joanne, my apologies if you already got back to me Monday, had a bit of a whirlwind last week. I just wanted to confirm that I had all records emanating from the September 2015
incident. I don’t want to be any confusion, since I just saw a supplement, but I did ask for all records stemming from the September 22, 2015 incident (On October 28, 2015). Just
to be sure, I am supplementing my request to reflect that I am seeking all records stemming from the Sep. 22 incident through the date of this request. Frankly, I think the best way
to go about this is to just add to my request entitled (GS #1994) so it is all in one place. I think that would work best for everyone since I find no need to republish that which
has already been available under that request number at the Town’s website – if that makes any sense.
To that end, I wanted to confirm that there were no notes, digital files (including but not limited to police radio communications), or use of force reports. Just so we are clear, I
am talking about documents, audio, video, media, notes – i.e. anything that fits the definition of a public record that was generated from that incident or received – including any
notes or comments on the Sergio Witness fella’. I have his statement/affidavit, but I don’t have any police notes or emails with the witness.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
www.oboylelawfirm.com
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
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THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
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From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Friday, December 11, 2015 5:45 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
The Town has produced at 15-1994 (response to your initial request) and, more recently, to Martin O’Boyle in response to PRR 15-2059, what it understands to be all records responsive
to those public records requests relative to the 9/22/15 incident. I am not aware of any radio recordings or a use of force report but will inquire Monday and get back to you.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Thursday, December 10, 2015 6:06 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
I was not aware, that is why I asked the first time, and again. Thank you in any event, but your assumption that I was asking just for the sake of asking is not well taken and appears
to be a veiled attempt to create a record to make blowing me off seem immaterial. Hey, I support creating a record, but let’s not go down the road of making errant assumptions not
based in evidence. Not Kosher.
But in the future, please be mindful that asserting an exemption is not so simple. If an exemption is asserted, especially one dictated by a third party, I feel that the requestor should
get as much information as possible to double check that exemption and challenge it if need be – who knows? I mean come on, “trust me” isn’t going to cut it with the Gulf Stream crowd,
trust is earned with good faith and transparency. I am setting forth my expectations for a reason, I don’t ever want to be blown off again.
Custodians have to act in good-faith when it comes to this stuff and despite the litigation (which already makes it difficult enough to request records ethically), the government still
has affirmative duties to ensure that all responsive records are produced and that the requestor has all available information. Which I might add, should not be difficult for a small
Town; we are not talking about New York City with tens of thousands of employees and information scattered everywhere.
So I trust (even though I actually don’t) that the records produced were done so in good faith and that no outstanding records exist? I mean where is the use of force report and the
radio recordings stored off-site at Delray? I want to ask before those records get destroyed without a disposition report like the last two time I sought records. Prove my suspicions
to be unfounded, it is not difficult with such a small Town to ask around for this stuff, after all there are what …? Like 20 people max.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
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E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
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PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Monday, December 07, 2015 5:20 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary; Records
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
As you are aware, Nicole Bloom is the state attorney assigned to the case arising out of the 9/22/15 incident. She is the state attorney who advised the Town that the records originally
produced should have been withheld at that time as exempt. The Town has been advised that in light of discovery in the criminal case, those records are therefore no longer exempt. Accordingly,
the Town will repost and make publicly available the attached response to your records request on its website. The Town will be producing the same documents to your father tomorrow
in response to PRR 15-2059 (his PRR 1180) along with other responsive documents that have been located. The documents originally produced to you in response to PRR 15-1994 are reproduced
now for everyone’s benefit.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Thursday, December 03, 2015 4:07 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
So I should stop holding my breath for the name of the State Attorney who caused the Town to assert an active criminal intelligence exemption to my request. To clarify, that is not
a request for information, the request for information was related to the LEXIS report.
And correct me if I am wrong, but as for my lexis report – I am being told by the Town and/or its attorney Jones Foster Services LLC to “drop dead.” That neither the Town nor its attorney
has any interest in investigating a potential fraud crime and/or ethics violation and is actively seeking to prevent me from performing my own investigation. If the answer is that
no one at Jones Foster and the Town of Gulf Stream will ever voluntarily give me this information then just say so.
This whole ‘we are not required to give you information’ is not news to me. I know you aren’t required (at least based upon the case law I have reviewed to date), that is why I have
been asking in a civilized manner. I honestly thought it was worth a shot to give yall the opportunity to clarify some things for me – because the government and its agents would want
to facilitate transparency and try to get me the information I am looking for so I don’t have to make records requests (requests which were clearly geared towards getting information).
Clearly, I was wrong. You know, in New Jersey when people make requests, the Clerks usually follow up with the requestor and say something along the lines of “Hey Guy, you looking
for anything in particular or could we put this request aside if I could answer any questions you may have?” Bada Bing, Bada Boom, potential conflict resolved.
So please, humor me and drop the whole request for information bit, you and I both know what I am looking for, so tell me that a conscious choice has been made to tell me to buzz off.
Don’t’ force me to try to make a thousand requests using slightly different language in order to engage in this “gotcha” game of language when we both know what I am looking for. As
Ben Carson would say, “That’s just silly.”
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
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E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
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PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Wednesday, December 02, 2015 11:06 AM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
As you recognized, the Town has no obligation to provide you with information. With that said, I can tell you that I am not aware of any public record that reflects the information that
you seek.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Tuesday, November 24, 2015 4:16 PM
To: OConnor, Joanne M.
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Joanne, just wanted to follow up on that State Attorney issue regarding active criminal intelligence. Additionally, and this is a request for information, but who ran my LEXIS report?
which attorney gave the order? and who is their supervising attorney? I have reviewed the JF bills for April 2014 and I cannot find which attorney ran the report, although the bills
strongly suggest it was either yourself of Ms. Richman.
I have politely asked in as many ways imaginable for public records which would reveal those answers. I believe I have before, but I will now, ask kindly for this information requested
so I can stop thinking of new ways to ask for records that would reveal that information, it is tiring. Although I have the resolve of Patton on his way to Berlin, I trust that this
is the easiest way to find this information. I thank you for your prompt response.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: Jonathan O'Boyle
Sent: Tuesday, November 10, 2015 5:56 PM
To: 'OConnor, Joanne M.'
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Wednesday is fine. If you need more time – no problem. Frankly, take until the 20th if you need. I suspect I will not get around to following up until that weekend.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Tuesday, November 10, 2015 5:36 PM
To: Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
I was out yesterday but am able to provide this partial response to your public records request:
1. Thanks for letting us know about the police manual.
2. The Town is checking to see if there is any public record that constitutes a supplement to Question 6 on Officer Passaggiatta’s application. I expect that Kelly Avery can have
an answer to you in the next day or two.
3. Because Officer Passaggiatta has no disciplinary records to include in a disciplinary file, no file has been created.
4. I will get back to you on the name of the state attorney. I frankly do not think there is anything outside of the investigative file but will confirm. If you can give the Town
until next Wednesday, that would be helpful.
5. Your request regarding the referenced Florida Bar letter is somewhat unclear and tends to seek information rather than documents. To the extent that it is a public records request,
I understand it to seek any drafts of the letter and any correspondence or other public record that reflects who prepared or had input into the drafting of the letter. I have not seen
a final draft of the letter and its exhibits, but gather that you have and do not need another copy. The only other record that would be responsive to your request as I understand it,
is the attached electronic draft of the letter.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Friday, November 06, 2015 6:32 PM
To: OConnor, Joanne M.; Jonathan O'Boyle
Cc: Ken Drake; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I just wanted to let you know for the future that I opened the police manual in internet explorer and that program only allows you to download the first 300 pages of any
document. This document was 450+. However, Google Chrome does allow you to download, from the Town’s website, the entire document. So for the Town’s benefit, it may be worthwhile
letting requestors know or having some sort of notice on the public records portal since I presume that some people are not as keen on technology troubleshooting as others. Maybe a
FAQ section would be helpful, hopefully that would prevent people from contacting the Town and asking to resend the entire documents through other channels. As the G.I. Joe used to
preach “knowing is half the battle.”
Secondly, and I want to nip this in the bud – the request 2042 referring to Off. Passaggiata’s employment file was missing a document. On the Police Department Supplement for his application
for employment question 6 was checked off affirmatively. Question 6 requires a supplemental explanation. Unless I am missing something, and please correct me if I am, that supplement
was not produced. Can I get that document?
Also, I just wanted to confirm that Officer Passaggiata has no disciplinary file. If he does but it is blank that is fine by me, as in there are no complaints regardless of how they
were resolved. But the way the Town responded makes me believe that he does not have one at all. As in, the Town does not even have a file in which to place items if they arise.
Also, which State Attorney or Assistant or Deputy said that the public records I asked for prior were part of an active criminal investigation? I think I would like to have a word with
them? “Active” Criminal Intelligence just seems laughable but it does make me wonder if systemic problems are just beneath the surface. I know that from working with the feds, it
was in everyone’s best interest to over classify documents unnecessarily in order to be safe than sorry, but I was not a big fan of that culture and the incentives that created it –
but here we aren’t dealing with matters of national security so I have a greater concern. Also, for the non-investigative records/political records, I would appreciate it if you could
just give me a rough estimate of the timeframe. I am not asking for a hard and fast one like a production schedule, but just a rough estimate so that I can follow up if need be.
Lastly, I just saw Scott’s November 2, 2015 update to the Florida Bar concerning Bill Ring. Can I get the drafts and communications regarding that submission? Emails, Texts, memo’s,
drafts, ect… surrounding that submission. To aid, I want know who drafted that supplement, who knew about that supplement, and who said what about it and any evidence supporting Scott’s
allegations. Standard provisions apply. I don’t need the complaint or the records contained in the complaint in their final form, I already have them. If the only evidence supporting
Scott’s allegations are contained within that complaint, just let me know – that is what I suspect anyways and just want to confirm. For this request, I may want to just inspect the
original documents on their original computers. Just let me know where those documents are located so I can decide whether it is convenient for me.
If you need any extensions (I am accustomed to 7 business days under New Jersey’s OPRA but am super flexible just as long as you guys don’t blow me off) or want to negotiate a production
schedule, let me know.
P.S. I will likely be asking for all of the privileged information regarding the 4474 case as it relates to Marty and the counterclaim as that litigation has concluded. I just wanted
to give a heads up in advance in order to give the Town plenty of time to get organized, same for the RICO case when it is dismissed.
Jonathan O’Boyle, Esq., LLM.
Licensed In Pennsylvania*
Licensed In New Jersey*
Licensed in Florida*
The O’Boyle Law Firm, P.C.
Pennsylvania Office
1001 Broad St.
Johnstown, PA 15906
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
New Jersey Office
10 Grove St.
Haddonfield, NJ 08033
Tel: 814-535-5175
Fax: 215-893-3641
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
Florida Office
1286 West Newport Center Drive
Deerfield Beach, FL 33442
Office: 954-570-3533
Fax: 754-212-2444
HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com
IRS Circular 230 disclosure: To ensure compliance with requirements
imposed by the IRS, we inform you that any tax advice contained in this
communication, unless expressly stated otherwise, was not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
tax-related penalties under the Internal Revenue Code or (ii) promoting,
marketing or recommending to another party any tax-related matter(s)
addressed herein.
===========================================================
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY
THE INTENDED RECIPIENT OF THE TRANSMISSION, AND
MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU
RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE,
DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US
IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND
PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM.
THANK YOU IN ADVANCE FOR YOUR COOPERATION.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Monday, November 02, 2015 4:31 PM
To: Jonathan O'Boyle
Cc: Maria Sciolto Alvarez; Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
- There is no disposition record that references your purported 2013 handwritten records request.
- I am almost positive but will reconfirm this week that you have all public records re the Board of Bar Examiners.
- Re the 9/22/15 incident, please be advised that although the Town previously produced certain records regarding the 9/22/15 incident in response to your 10/12/15 request (PRR
1994), the Town has since been advised by the State Attorney that those records should have been withheld as exempt active criminal intelligence information and/or active criminal investigative
information regarding Martin E. O’Boyle pursuant to Fla. Stat. 119.071(2)(c). As a result, the Town has removed the response to that request from its website. The Town is withholding
as exempt per Fla. Stat 119.071(2)(c) any electronic versions or drafts of those same records. As you appear to seek other public record communications regarding the incident, the Town
is presently investigating whether any non-investigative responsive records exist and expects to have a response to you in the next few days.
- With regard to the Police Department manual, I previously forwarded a link to that manual to you on October 13, 2015. See http://www2.gulf-stream.org/weblink/0/doc/67568/Page1.aspx.
If there is something different that you seek, please advise.
- The Town is processing your request for Officer Passeggiata’s disciplinary file and employment application.
Thanks,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
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From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Wednesday, October 28, 2015 12:04 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Thanks Joanne, I have been on holiday for a bit so I am just catching up. Quick follow up, can I get the disposition report that accompanied that document destruction, my 2013 written
request? I just want to see when it was disposed, so to the extent you can just tell me – I won’t kvetch.
And I just want to confirm that I have everything from the Town concerning the Board of Bar examiners, like emails and drafts and such talking about the Board and things sent to the
Board. Frankly, I want to know everything everyone said to whom, when, et cetera: the whole shebang. I want to know everyone’s motivations. I hope that helps just in case there is
anythign out there straggling, as always – if you have any questions about whether something is responsive just ask me, I may agree that it is not responsive or may not be interested
in it. If you believe that everything has been produced to date, great! I just don’t want to find anything later on, I have been painstaking in my efforts to avoid any “oops we missed
this one” from the Town. I hate to appear like a “helicopter parent” when it comes to requesting but I don’t think that the Florida Law, like New Jersey, requires a certification that
all responsive records have been located and produced – so I appologize for being thorough if it comes across as annoying.
Also, wanted to know if there was a police manual I could get online, specifically I am looking for internal affairs/discipline procedures & policies. I would like the pdf or other any
other electronic document reflecting the same. This one should be super easy.
Also, I want the original electronic documents of the reports and any drafts thereof. For example the word documents or whatever program files. Additionally any communications that
discuss this incident, broadly speaking. I want everythign the Town has regarding the incident on 9/22/15, this also includes any communications or records that occurred subsequent,
including any transmissions to the State Attorney’s office.
Lastly, I want Officer Passeggiata’s disciplinary file and employment application. I am particularly interested in where he used to work and any complaints filed against him and the
result of any investigation than other details.
My standard record request provisions apply. Please be sure to ask around for notes, memoranda, text messages, emails, messenger logs or whatever.
Thank you kindly.
.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Friday, October 16, 2015 1:13 PM
To: Jonathan O'Boyle
Cc: Maria Sciolto Alvarez; Kelly Avery
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
In response to your fourth item below, the public records request you assert was made in fall/winter 2013, please advise that the Town possesses no responsive record. I note that the
General Records Schedule GS1-SL addresses Item #23 “Information Requests” and provides for a 1 year retention schedule for public records requests.
The Town considers its response to this request to be complete.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
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From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Monday, October 12, 2015 1:02 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I am writing to get back to you on the records request.
First, is there anything else out there with regard to the Board of Bar Examiners? This request can now take the slow route so I would categorize it as a “low priority.”
Second, I disagree that Jones Foster or Mr. Sweetapple’s firm are “outside counsel.” As such, if records exists that concern ethical rules that I have referenced previously, I would
kindly ask that you let me know that they exist and state a basis for why the Town or JF thinks that such records do not constitute public records – I think that is fair under Due Process
and a reasonable good-faith response. Then I can make a determination as to whether to alert the Attorney General’s office for mediation or – as per usual, I suggest that the Town
seek an advisory opinion from the Attorney General. I would consider this one a “low priority.”
Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting my UPL File or Character and Fitness be released. Both investigations are now over, yet according
to the Bar Rules, neither was adversarial with respect to the Town. Additionally I want to alert you again that insofar as those records reflect litigation strategy or were used for
other purposes, it is my position that they are releasable. Again “low priority.” I will note that under Chapter 119, searches are not compensable, if you intend to assess a special
“search” charge, please let me know the Town’s authority so I can reconsider.
Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of 2013. I cannot right now remember what was in it precisely, but I remember she made me write
it out on a piece of yellow notebook paper (Legal Size if I remember) and it references being put on the “bad list” with Mr. O’Hare. I know it is the only request I made by hand in
2013 so that should be enough information to locate the record. It is a one-pager. “Mid-Priority.”
Penultimately, there was an incident at Town Hall regarding Martin O’Boyle on September 22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents that
stemmed from that incident including the drafts or memoranda reflecting the Town’s version of the events and decisions regarding what charges to make against Matin O’Boyle – this includes
any video, audio, or writings which reflect the events. I want to put you on notice that I will likely be asking for all public records generated from that incident as well as the
employment file and application of the officers involved as well as any other Brady information – but not yet. For now, I am also seeking whatever manual’s are out there reflecting
the Town’s policing policies/employment policies as well as any policies reflecting the Town's ADA or Federal Rehabilitation Act duties: “High Priority.”
Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant’s in the RICO suit as well as their friends, family, or entities. I also want any public records reflecting
the authority to run those reports, or the direction from the Town. Additionally, I want all public records generated subsequent to those reports that discuss those reports. As I
stated previously, I have asked for information about a week or so ago, I heard nothing, so I am following up with this request. I want to know everything about my report, other reports,
and what was said prior and subsequent to those reports regarding the same. I hope that helps you understand my request better.
To be clear I am asking for these records under the Florida Constitution, Chapter 119, and the common law right of access/right to know.
While my motivations are irrelevant under the positive Florida Laws, I have worked with the common law right to know before, there motivation is relevant and the test for what constitutes
a public record is more broad, so let me explain. I believe that numerous criminal acts have been committed to attain my federally protected private information, I have a compelling
interest in understanding why my privacy rights have been violated and if it has occurred to other individuals so that I can take the appropriate action to preserve my privacy rights
and make efforts to stop any unlawful behavior.
If the Town does not believe those records are public, again please explain. If the Town believes that they have an interest in non-disclosure, please explain. I will note that I just
need the first page of the reports and the name of the individual – all else can be redacted to ameliorate any privacy interests in non-disclosure. Although I am going two-steps ahead
here, I also have no intent to publish anyone else’s reports (which should ameliorate the Town’s interest in non-disclosure further) but I reserve the right to bring them to the appropriate
State/Federal judicial/executive branches. “High Priority.”
As always, I do not wish to incur fees without my consent and we can discuss a production schedule if necessary. Also, if you need any clarification or spot a record that you think
might be responsive but are not sure, let me know and we can work it out accordingly.
Thanks.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Friday, September 04, 2015 12:03 PM
To: Jonathan O'Boyle; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
Attached is the Gavagni letter. In the spirit of getting it to you quickly, I can’t comment on whether we have produced it before. Please advise if you need the exhibits as I do not
have them handy and not sure they were segregated along with the letter (i.e., they may have to be re-gathered ). I will determine whether there is anything additional re communications
with Board of Bar Examiners.
As for your request re research, notes, memos, voicemails and text messages, we do not agree that any research, notes and memos of outside counsel to the Town are public records of the
Town. To the extent that Scott Morgan or others at the Town had research, notes or memos those have been produced. If you want a search for any voicemails from Morgan to Sweetapple
or me that have substantive communications re your UPL file, I do not believe there are any but will have to give you an estimate to search deleted files to be sure. Please confirm
these are the records you seek.
Please let me know if I am missing anything.
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Friday, September 04, 2015 11:23 AM
To: OConnor, Joanne M.; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Sorry to be piecemeal about this, but I did notice that some letters were sent to Gavagni (The Director of the FL Board of Bar Examiners) as part of Mr. Sweetapple’s August 2014 bills.
Correct me if I am wrong but I do not believe those letters were produced. I would consider letters sent to the board of bar examiners (including Gavagni), drafts, and communications
regarding the board of bar examiners to be inclusive in my UPL file request.
In any event, please let me know about getting these documents and the documents I clarified on August 31, 2015. I would apprecitate it.
Thanks.
JRO.
From: Jonathan O'Boyle
Sent: Monday, August 31, 2015 8:43 PM
To: 'OConnor, Joanne M.'; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne.
In response to my Records Request for my UPL file. I noticed that there were no text messages or written notes/research memoranda/voicemails including but not limited to research on
Florida Bar Rule 4-3.4 (Fairness to opposing counsel). Just want to confirm that to be the case.
Also, I believe I am missing 1K27107-Florid bar re public records.DOCX. Are there any other DocX files or other original documents that I may be missing? Particularly drafts?
Kindly let me know. Also if there have been any other emails/texts or communications since May regarding my UPL, please let me know.
From: OConnor, Joanne M. [mailto:JOConnor@jonesfoster.com]
Sent: Tuesday, July 14, 2015 12:15 PM
To: Jonathan O'Boyle; Maria Sciolto Alvarez
Cc: Kelly Avery; Macfarlane, Mary
Subject: RE: Records Request - JRO 7/14/15
Jonathan –
See attached in response to your first request. By copy to Kelly Avery, I am directing your second request to the Town for intake and processing.
Regards,
Joanne
Joanne M. O’Connor Attorney
Direct Dial: 561.650.0498 | Fax: 561.650.5300 | HYPERLINK "mailto:joconnor@jonesfoster.com"joconnor@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 | HYPERLINK "http://www.jonesfoster.com/"www.jonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient,
you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Tuesday, July 14, 2015 12:02 PM
To: Maria Sciolto Alvarez; OConnor, Joanne M.
Subject: Records Request - JRO 7/14/15
Hey Joanne, I would like to make a short public records request. The first is more important than the second – but both are important and time sensitive.
First, I would like the electronic copy of the order to transfer in 2014-CC-012274-RF. I believe that is a Chris O’Hare case. I am not sure if a counterclaim is pending there or not
but I am not accepting service in any way, just seeking a copy of that order.
Second, I would like the communications that lead up to the creation of the ordinances that were read on Friday, July 10. I would also like the drafts of the ordinance and any records
reflecting the comments. To aid in this request, I am interested in the communications that initiated the ordinances to be drafted, subsequent communications and drafts of the ordinance.
I am also looking for any communications by public officials that have occurred subsequent to the ordinances being read on July 10. Essentially the legislative history – who said what
and why about the creation of the ordinance and its language.
I do not expect there to be any redactions since the ordinance and its accompanying communications are not exclusively for litigation; they have the additional purpose of creating legislation.
Additionally, if the Town needs to assess a special service charge, let me know in advance.
If you have not seen the pictures sent by the New Horizons probe’s pictures of Pluto, I suggest you take a quick look. It is all over the news and a monumental achievement for humankind.
If you have any question, about the records requests please shoot me an email.