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HomeMy Public PortalAboutRE_ SERVICE OF COURT DOCUMENT CASE No__ 502019CA006817XXXXMB IPM.Note RE: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB RE: Jonathan O'Boyle SMTP joboyle@oboylelawfirm.com SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB X-Vipre-Scanned: 0F9B5B2801363C0F9B5C75 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; Mon, 24 Jun 2019 15:33:27 -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; Mon, 24 Jun 2019 15:33:07 -0400 Received: from smtp93.ord1c.emailsrvr.com (108.166.43.93) by GSEXCH-1.GulfstreamTH.local (10.0.0.22) with Microsoft SMTP Server (TLS) id 15.0.1130.7 via Frontend Transport; Mon, 24 Jun 2019 15:33:06 -0400 Received: from smtp4.relay.ord1c.emailsrvr.com (localhost [127.0.0.1]) by smtp4.relay.ord1c.emailsrvr.com (SMTP Server) with ESMTP id A3321A0384; Mon, 24 Jun 2019 15:33:11 -0400 (EDT) Received: from smtp192.mex05.mlsrvr.com (unknown [184.106.31.85]) by smtp4.relay.ord1c.emailsrvr.com (SMTP Server) with ESMTPS id DF9E9A027E; Mon, 24 Jun 2019 15:33:07 -0400 (EDT) Received: from smtp192.mex05.mlsrvr.com ([UNAVAILABLE]. [184.106.31.85]) (using TLSv1 with cipher DHE-RSA-AES256-SHA) by 0.0.0.0:25 (trex/5.7.12); Mon, 24 Jun 2019 15:33:08 -0400 Received: from ORD2MBX01D.mex05.mlsrvr.com ([fe80::75cf:4044:ec74:dde9]) by ORD2HUB34.mex05.mlsrvr.com ([fe80::862b:2bff:fe6c:e1e7%15]) with mapi id 14.03.0439.000; Mon, 24 Jun 2019 14:33:03 -0500 From: Jonathan O'Boyle <joboyle@oboylelawfirm.com> To: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org>, Jeffrey Lawrence Hochman <hochman@jambg.com>, "brussell@commerce-group.com" <brussell@commerce-group.com>, "courtdocs@sao17.state.fl.us" <courtdocs@sao17.state.fl.us>, "finley@jambg.com" <finley@jambg.com>, "fox@jambg.com" <fox@jambg.com>, "hgill@jambg.com" <hgill@jambg.com>, "jonathanroboyle@gmail.com" <jonathanroboyle@gmail.com>, "jsilvershein@sao17.state.fl.us" <jsilvershein@sao17.state.fl.us>, "mmelicia@commerce-group.com" <mmelicia@commerce-group.com>, "moboyle@commerce-group.com" <moboyle@commerce-group.com>, O'BoyleCourtDocs <oboylecourtdocs@oboylelawfirm.com>, Trey Nazzaro <TNazzaro@gulf-stream.org>, "wjordan@sao17.state.fl.us" <wjordan@sao17.state.fl.us> CC: Jonathan O'Boyle <joboyle@oboylelawfirm.com>, Kristen Blackwell <kblackwell@oboylelawfirm.com> Subject: RE: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB Thread-Topic: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB Thread-Index: AQHVKo34v+k+CvMkvkyqKla7UmkX8KardTgA Date: Mon, 24 Jun 2019 19:33:02 +0000 Message-ID: <D6077A0B3526E4439AF87D101517708B3995A139@ORD2MBX01D.mex05.mlsrvr.com> References: <201906241308.x5OD8mZa012759@jvs.15thcircuit.com> In-Reply-To: <201906241308.x5OD8mZa012759@jvs.15thcircuit.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: x-vipre-scanned: 005BDE3F012A2A005BDF8C Content-Type: multipart/mixed; boundary="_007_D6077A0B3526E4439AF87D101517708B3995A139ORD2MBX01Dmex05_" MIME-Version: 1.0 Jonathan O'Boyle SMTP joboyle@oboylelawfirm.com Jonathan O'Boyle; Kristen Blackwell CAD-Division AJ; Jeffrey Lawrence Hochman; brussell@commerce-group.com; courtdocs@sao17.state.fl.us; finley@jambg.com; fox@jambg.com; hgill@jambg.com; jonathanroboyle@gmail.com; jsilvershein@sao17.st ate.fl.us; mmelicia@commerce-group.com; moboyle@commerce-group.com; O'BoyleCourtDocs; Trey Nazzaro; wjordan@sao17.state.fl.us 2704 - Incident SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB Please See Attached from Plaintiff re the 6.21.19 Hearing. Jonathan O’Boyle, Esq., LLM |Licensed in PA, NJ, and FL. The O’Boyle Law Firm – Professional Corporation www.oboylelawfirm.com <http://www.oboylelawfirm.com/> Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 754-212-4201 Fax: 215-893-3641 joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> New Jersey Office 525 Route 73 North, Suite 104 Marlton, NJ 08053 Tel: 856-619-8558 Fax: 856-619-8559 joboyle@oboylelawfirm.com <mailto:joboyle@oboylelawfirm.com> Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 754-212-4201 Direct: 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: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org> Sent: Monday, June 24, 2019 9:09 AM To: Jeffrey Lawrence Hochman <hochman@jambg.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; brussell@commerce-group.com; courtdocs@sao17.state.fl.us; finley@jambg.com; fox@jambg.com; hgill@jambg.com; jonathanroboyle@gmail.com; jsilvershein@sao17.state.fl.us; mmelicia@commerce-group.com; moboyle@commerce-group.com; O'BoyleCourtDocs <oboylecourtdocs@oboylelawfirm.com>; tnazzaro@gulf-stream.org; wjordan@sao17.state.fl.us Cc: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org> Subject: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB Importance: High * This email is from the Fifteenth Judicial Circuit * Case Number: 50-2019-CA-006817-XXXX-MB * OBOYLE, MARTIN E V TOWN OF GULF STREAM * Division AJ, 561 355-7570 Additional comments: I'm sorry - both parties may send the proposed orders (competing) by EMAIL. Just respond to this email and attach the Order in WORD format, please. Thank you! In accordance with the 15th Judicial Circuit's Administrative Order 2.310-4/13, please ensure that primary and secondary email addresses are registered with Court Administration at https://e-services .co.palm-beach.fl.us/scheduling/. For a better translation of this document, contact CAD-ADA@pbcgov.org <mailto:CAD-ADA@pbcgov.org> . 8EC54AE156F77045AFBD2CBAEF13DA18@gulf-stream.org <D6077A0B3526E4439AF87D101517708B3995A139@ORD2MBX01D.mex05.mlsrvr.com> <201906241308.x5OD8mZa012759@jvs.15thcircuit.com> <201906241308.x5OD8mZa012759@jvs.15thcircuit.com> Please See Attached from Plaintiff re the 6.21.19 Hearing. Jonathan O’Boyle, Esq., LLM |Licensed in PA, NJ, and FL. The O’Boyle Law Firm – Professional Corporation www.oboylelawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 1590 Trey Nazzaro Trey Nazzaro EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4F2A29F2B5E049B995E816021A4AFFE0-TNAZZARO EX /O=EXCHANGELABS/OU=EXCHANGE ADMINISTRATIVE GROUP (FYDIBOHF23SPDLT)/CN=RECIPIENTS/CN=4F2A29F2B5E049B995E816021A4AFFE0-TNAZZARO Jonathan O'Boyle Jonathan O'Boyle Trey Nazzaro Trey Nazzaro joboyle@oboylelawfirm.com joboyle@oboylelawfirm.com tnazzaro@gulf-stream.org tnazzaro@gulf-stream.org II=[CID=0a3ee9bf-24f3-4cbe-aa2a-56bb526917f0;IDXHEAD=01D52A8DF8;IDXCOUNT=2];SBMID=3;SBT=9;THA=897406710;TFR=NotForking;Version=Version 15.20 (Build 2157.0), Stage=H7;UP=10;DP=1C5 en GSEXCH-1.GulfstreamTH.local en-US F3CA8F005F89E2E2 Anonymous 0F9B5B2801363C0F9B5C75 CAD-Division AJ SMTP CAD-DivisionAJ@pbcgov.org CAD-DivisionAJ@pbcgov.org CAD-Division AJ Jeffrey Lawrence Hochman SMTP hochman@jambg.com hochman@jambg.com Jeffrey Lawrence Hochman brussell@commerce-group.com SMTP brussell@commerce-group.com brussell@commerce-group.com brussell@commerce-group.com courtdocs@sao17.state.fl.us SMTP courtdocs@sao17.state.fl.us courtdocs@sao17.state.fl.us courtdocs@sao17.state.fl.us finley@jambg.com SMTP finley@jambg.com finley@jambg.com finley@jambg.com fox@jambg.com SMTP fox@jambg.com fox@jambg.com fox@jambg.com hgill@jambg.com SMTP hgill@jambg.com hgill@jambg.com hgill@jambg.com jonathanroboyle@gmail.com SMTP jonathanroboyle@gmail.com jonathanroboyle@gmail.com jonathanroboyle@gmail.com jsilvershein@sao17.state.fl.us SMTP jsilvershein@sao17.state.fl.us jsilvershein@sao17.state.fl.us jsilvershein@sao17.state.fl.us mmelicia@commerce-group.com SMTP mmelicia@commerce-group.com mmelicia@commerce-group.com mmelicia@commerce-group.com moboyle@commerce-group.com SMTP moboyle@commerce-group.com moboyle@commerce-group.com moboyle@commerce-group.com O'BoyleCourtDocs SMTP oboylecourtdocs@oboylelawfirm.com oboylecourtdocs@oboylelawfirm.com O'BoyleCourtDocs Trey Nazzaro EX /o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=4f2a29f2b5e049b995e816021a4affe0-tnazzaro tnazzaro@gulf-stream.org Trey Nazzaro sip:tnazzaro@gulf-stream.org wjordan@sao17.state.fl.us SMTP wjordan@sao17.state.fl.us wjordan@sao17.state.fl.us wjordan@sao17.state.fl.us Jonathan O'Boyle SMTP joboyle@oboylelawfirm.com joboyle@oboylelawfirm.com Jonathan O'Boyle Kristen Blackwell SMTP kblackwell@oboylelawfirm.com kblackwell@oboylelawfirm.com Kristen Blackwell image001.png .png image001.png image001.png image/png image001.png@01D52AA1.C8E77190 EnUs Final Correspondence to Judge Kerner Re Immediate Hearing 6.21.19.pdf 1286 West Newport Center Drive Deerfield Beach, FL 33442 Phone 754-212-4201 525 Route 73 North, Suite 104 Marlton, NJ 08053 Phone 856-619-8558 1001 Broad Street Johnstown, PA 15906 Phone 814-535-5175 Jonathan R. O’Boyle Admitted FL, PA, NJ Email: joboyle@oboylelawfirm.com June 24, 2019 Honorable Scott Kerner Palm Beach County Courthouse 205 N. Dixie Highway, Room 6.1203 West Palm Beach, FL 33401 Re: Martin E. O’Boyle v. Town of Gulf Stream / Case No. 2019-CA-006817 Proposed Order (Competing) Dear Judge Kerner, Plaintiff submits a competing order as there was some confusion about what precisely the Court was going to require of the Town of Gulf Stream to produce in response to Plaintiff’s Records Request. On June 21, 2019, myself and Mr. Gill agreed that the Town should produce records on July 10, 2019, and that Plaintiff would pay pursuant to Chapter 119. We also agreed that discovery would be stayed until the next hearing which we are diligently trying to schedule. We disagreed about the precise scope of the records to be produced. Since there is no realistic time to seek clarification, Plaintiff submits the following to the Court for the Court’s convenience. On April 15, 2019, Plaintiff submitted a request which sought records which “mention or refer to Martin O’Boyle, but limited to the incident at Town Hall on September 22, 2015 regarding Martin O’Boyle.” (Exhibit 1 to the Town’s Response filed June 19, 2019). The Town and Plaintiff went through several rounds of clarification regarding the scope of the request. (Exhibits 2-5 to the Town’s Response). On May 3, 2019, the Town stated that it had searched: (1) all emails to or from SOA17.state.fl.us; (2) emails containing (a) “O’Boyle” and “September 22” – (b) “O’Boyle” and “lobby” – (c) “O’Boyle” and “Incident.” The Town also asked Town Attorney John Randolph to perform the above searches on his email as well. (Paragraph 48 of the Town’s Response; and Exhibit 6 to the Town’s Response). 1286 West Newport Center Drive Deerfield Beach, FL 33442 Phone 954-570-3533 525 Route 73 North, Suite 104 Marlton, NJ 08053 Phone 856-619-8558 1001 Broad Street Johnstown, PA 15906 Phone 561-758-1223 THE O’BOYLE LAW FIRM June 24, 2019 Page 2 On May 4, 2019, Plaintiff ultimately clarified that he was seeking: “[A]ll records [under Chapter 119] which emanate from the incident on September 22, 2015 regarding Martin O’Boyle. The requested records shall include, without limitation, all emails, phone records, messages, letters, memos and other communications sent by, received by, or created by the Town of Gulf Stream” (Exhibit 7 to the Town’s Response). In Exhibits 8-10, Plaintiff specifically noted that his “emanate” language would supersede the underlying request. The Town of Gulf Stream is the agency that pressed the charges so it is not disputed that they have records concerning that incident, however the totality of all records are unknown. Plaintiff has submitted that the Town has failed to produce all records as Exhibit I to Plaintiff’s Complaint demonstrates that text messages were withheld. Plaintiff further contends that the Town has not performed an adequate response required by law. See §119.07(1)(c), Fla. Stat: “A custodian of public records … must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed.” At the June 21, 2019, hearing the Court made a number of statements. The Court appeared to recognize that Plaintiff was seeking all records that related to his September 22, 2015 incident and subsequent trial when the Court said the word emanate meant “anything having to do with the incident and Mr. O’Boyle … That’s what we should be focusing on. Not the adjectives and not pronouns … I want to make sure he has that.” (Tr. P.60 – L.11). However, it appeared that the Court ordered the Town to search for three terms: (1) Martin O’Boyle; (2) the Incident; and (3) the Criminal Trial. Counsel for the parties spoke and tried to resolve the language of the Court’s Order. (Tr. P.64). The Town believed that it would perform a keyword search and Plaintiff believed that the search should encompass all records related the Incident or Trial. State Attorney Klinger noted to Counsel for the parties that the spirit of the Court’s order was to provide the Plaintiff with documents related to his criminal incident and trial. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Phone 954-570-3533 525 Route 73 North, Suite 104 Marlton, NJ 08053 Phone 856-619-8558 1001 Broad Street Johnstown, PA 15906 Phone 561-758-1223 THE O’BOYLE LAW FIRM June 24, 2019 Page 3 Plaintiff submits that the Town has performed limited mechanical keyword searches and submits that the law requires more than mechanical keyword searches of electronic information. The law requires the Town to discuss the records request with persons who are likely to have knowledge of responsive records and/or knowledge of other individuals who are likely to have knowledge of responsive records. Plaintiff’s submits its proposed order in attempt to capture the letter and spirit of the Court’s June 21, 2019 ruling. Since opposing counsel has submitted a copy of the transcript, Plaintiff will attach the relevant portions cited herein and a copy of Defendant’s June 19, 2019 Response. Should you have any questions or concerns, please do not hesitate to contact us. Thank You Sincerely, /s/__Jonathan O’Boyle__ Jonathan R. O’Boyle, Esq. The O’Boyle Law Firm Counsel for Plaintiff Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 64 1 that, you know, that they are -- you know, nobody's 2 getting duped here. 3 MR. GILL: I understood -- text messages is 4 what I understood to search. 5 THE COURT: The Court's ruling is everything, 6 but you will bear the expense, sir. 7 MR. GILL: Okay. Everything that then refers 8 to "Martin O'Boyle"? 9 THE COURT: And? 10 MR. GILL: And the incident? 11 THE COURT: Yes. 12 MR. GILL: And the criminal trial? 13 THE COURT: Yes, those three terms. 14 MR. GILL: So we can have a problem with that 15 then. I mean, I have to talk my client. I understood 16 text messages. So if it's going to be a bigger search 17 than that, it's going to take us more time to do. 18 Because we never searched previously for the criminal 19 trial, Judge. I mean, candidly, we didn't do that. 20 THE COURT: You can have -- he's paying the 21 expense. 22 MR. GILL: I -- but it takes time. It would 23 take time for us to do a search of all documents. And 24 now we're saying "O'Boyle" and "the criminal trial." 25 We said we didn't perform that search before, Your Fort Lauderdale, Florida 954-755-6401 Daughters Reporting, Inc. 60 1 word "indirectly." 2 MR. GILL: Yes. So I mean, the original 3 request is April 16th, 2019. That's the first -4 that's the one you're referring to, Your Honor? 5 MR. O'BOYLE: Or is it the "emanate," my 6 clarification on May 4th? 7 THE COURT: Is there an objection to providing 8 both? 9 MR. GILL: Well, I don't -- I mean, the word 10 "emanate," I don't know what that word means with -11 THE COURT: Anything having to do with the 12 incident and Mr. O'Boyle. 13 MR. GILL: Okay. 14 THE COURT: That's what we should be focusing 15 on. Not the adjectives and not pronouns. 16 MR. GILL: That I can do, Your Honor. 17 THE COURT: I want to make sure he has that. 18 And if that's everything in that book, then -19 MR. GILL: That I can do. If it refers to 20 Mr. O'Boyle and it's about the incident, I can do 21 that. 22 THE COURT: But I'll tell you what's troubling 23 me is when, you know, I asked these questions, and 24 then you start going off of "well, indirect, it's kind 25 of vague and ambiguous." Meanwhile, the crux of the IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2019-CA-6817 MARTIN O'BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. DEFENDANT, TOWN OF GULF STREAM'S, RESPONSE TO COMPLAINT TO ENFORCE FLORIDA'S PUBLIC RECORDS ACT AND REQUEST FOR ENTRY OF JUDGMENT The Defendant, TOWN OF GULF STREAM ("Town"), by and through its undersigned attorneys and pursuant Florida Rules of Civil Procedure 1.140 and 1.510, files its response to the Complaint to Enforce Florida's Public Records Act filed by the Plaintiff, MARTIN O'BOYLE ("O'Boyle"), requests the entry of judgment in its favor, and states as follows: I . INTRODUCTION 1. The Town is once again forced to expend municipal resources defending a public records lawsuit filed by O'Boyle, a disgruntled Town resident. Since 2013, O'Boyle has submitted more than a 1000 public records requests to the Town. A review of the Clerk's website will confirm that he has subjected the Town to dozens of lawsuits based upon these requests. 2. This case is the latest iteration of O'Boyle's preferred method of combat litigation. He complains that the Town did not produce certain text messages ("Text Messages") -- which O'Boyle had already received from another governmental entity -- even though the Text Messages were not responsive to the public records request O'Boyle had submitted to the Town. Filing # 91368575 E-Filed 06/19/2019 04:21:48 PM 3. The public records request at issue ("Request") was specific and sought documents satisfying two criteria: (1) they had to contain his name (spelled incorrectly in the Request) and (2) they had to pertain to an incident occurring on a specific date: Please provide all records ... which mention or refer to Marin [sic] O'Boyle, but limited to the incident at the Town Hall on September 22, 2015 regarding Martin O'Boyle. (emphasis added). When the Town confirmed the two specific criteria for the requested documents -again documents (1) which mention or refer to O'Boyle by name and (2) which pertain to an incident occurring on September 22, 2015 -- O'Boyle attempted to eliminate the boundary between responsive and non-responsive documents by advising that he had also intended his Request to include documents which referred to the September 22, 2015, incident "indirectly" and to documents "which emanate from" the incident. As was intended, the addition of such vague modifications to the original name/date terms of his Request gave O'Boyle the ability to rely upon potential ambiguity in any subsequent dispute over the classification of any document as responsive or non-responsive documents. 4. As intended by O'Boyle, the case boils down to a dispute over whether the Text Messages (1) which do not mention or refer to O'Boyle and (2) which do not address the incident at Town Hall on September 22, 2015, are nonetheless responsive to his Request and whether, nonetheless, the Town acted reasonably in its efforts to respond to the Request. H. TOWN'S EFFORTS IN RESPONSE 5. The Town responded to the Request by producing almost 1300 documents. Upon receipt, O'Boyle asked the Town to confirm that documents it provided constituted a complete -2 response to the Request. O'Boyle also asked the Town to explain the methods it used in searching for the responsive documents. O'Boyle claimed that such an explanation would allow him to "assist the Town" should he determine that "additional searches could have been made." (emphasis added). The Town provided the requested explanation but, contrary to his offer of assistance, O'Boyle did not provide assistance. For example, O'Boyle did not advise that another governmental entity had provided him with the Text Messages. Consistent with his past conduct, O'Boyle filed suit claiming that the Town's response to his Request was not complete. According to his Complaint, the Town should have produced the Text Messages but failed to do so. O'Boyle also attempted to take discovery depositions and harass the Town's representatives in violation of the Florida Rules of Civil Procedure. 6. The Town asks the Court for a remedy in response to O'Boyle's improper conduct. The Complaint and its attachments establish, as a matter of law, that the Text Messages are not responsive to the name/date criteria set forth in the Request. The attachments to this Response also establish, as a matter of law, that the Town's efforts in responding to the Request constituted a good faith, reasonable effort in compliance with Chapter 119. Based upon the undisputed record, the Town is entitled to judgment and requests that relief.' ' The Town previously filed a Response to Plaintiffs Motion for Immediate Hearing and the Town and Non-party, William Thrasher's, Motion for Protective Order. If the Court is inclined to permit discovery, the Town asks for entry of a protective order as requested in already-filed Motion for Protective Order. -3 III. FACTS Martin O'Boyle 7. O'Boyle is a Town resident with an extensive history of submitting records requests to the Town and suiting the Town and the Town's representatives. See Affidavit of Renne Basel, a true and accurate of which is attached hereto as Exhibit A; O' Boyle v. Morgan, et al., 14-cv-81250-KAM, DE 1-2 at ¶1110-12, a true and accurate of which is attached hereto as Exhibit B.2 8. Between 2013 and April 2019, O'Boyle submitted hundreds of records requests to the Town. Basel Aff. 9. As of January 9, 2015, O'Boyle had filed "approximately 29 lawsuits against the Town for alleged violations of the Public Records Law," and was then "engaged in 12 lawsuits against the Town relating to alleged violations of the Public Records Law." O ' Boyle v. Morgan, et al., 14-cv-81250-KAM, DE 1-2 at ¶¶ 10-12. 10. In addition, O'Boyle filed at least five federal lawsuits alleging violations of his federal constitutional rights. See O' Boyle v. Town of Gulf Stream, 13-cv-80530-DMM (S.D. Fla.); O ' Boyle v. Town of Gulf Stream, 14-cv-80317-DMM (S.D. Fla.); O' Boyle v. Thrasher, 14-81248-CIV-HURLEY (S.D. Fla.); O' Boyle v. Sweetapple, 14-CV-81250-KAM (S.D. Fla.); O ' Boyle v. Town of Gulf Stream, 19-cv-80196-BB (S.D. Fla.). 2 The Town asks the Court take judicial recognition of the court documents from O'Boyle's other litigation, copies of which are attached hereto, and the party admissions contained therein. §§ 90.202(6), .203, .204 Fla. Stat. (addressing matters which may judicially noticed); § 90.803(18), Fla. Stat. (governing party admissions). -4 The Town 11. The Town is a municipality located in Palm Beach County with slightly less than 1000 residents. Basel Aff. 12. In April 2019, the Town had proximately 20 employees and only 5 of those employees worked in Town Hall including the Town Manager, Town Clerk, Staff Attorney, and three assistants. Basel Aff. The September 22, 2015, Incident 13. Following a September 22, 2015, Town Commission meeting, an incident occurred in Town Hall that resulted in O'Boyle being criminally charged with disorderly conduct, resisting an officer without violence, and trespass. Copies of the Town's police records regarding the September 22, 2015, incident are attached to the Complaint. 14. Sergeant John Passeggiata was one of the Town Police Officer involved in the September 22, 2015, incident and signed many of the police records. See Compl. 15. O'Boye's criminal case is assigned to the State Attorney's Office ("SAO") for the 17th Judicial Circuit in Broward County. See Compl. 16. Assistant State Attorney ("ASA") Nicole Bloom is the prosecuting attorney. Compl. 17. O'Boyle's criminal trial is set for July 16, 2019. O'Boyle Previous Records Request to the SAO 18. On March 20, 2017, O'Boyle submitted a records to the SAO for the 17th Judicial Circuit, seeking: "all records ... including, without limitation, all E-Mails, text messages, letters, -5 memos and other communications ... sent or received by John Passeggiata for the period beginning September 1, 2015 through the date of this request." (hereinafter, "Prior Request"). Compl., Ex. 1. 19. The SAO responded in July 2018, producing to O'Boyle documents including the Text Messages between Sgt. Passeggiata and ASA Bloom. Compl., Ex. 1. Copies of the Text Messages between Sgt. Passeggiata and ASA Bloom are attached to the Complaint. The Subject Records Request 20. On April 16, 2019, O'Boyle submitted the following request to the Town by email: Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Marin [sic] 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". Compl. at ¶ 17 (emphasis added) (hereinafter, "Request"); Basel Aff., Ex. 1. 21. The Town acknowledged O'Boyle's on April 17, 2019, via email. Basel Aff., Ex. 2 . 22. On April 23, 2019, O'Boyle emailed the Town inquiring into the status of the Request, advising that he would file suit in five days if the response was not received, and offering to consider a "reasonable request" for additional time. Basel Aff., Ex. 3. 23. On April 29, 2019, the Town advised O'Boyle of the following: The Town has been diligently working on this request, which is very broad, seeking " all records" related to an incident that occurred nearly four years ago, and has been the subject of many previous public records requests by you, your private investigator and your attorneys. Basel Aff., Ex. 4. -6 24. The Town then provided O'Boyle access to the responses to those prior requests, including providing O'Boyle access to the responsive documents by providing links to the Town's web-based document production site.3 Basel AIL , Ex. 4. This response included 100s of documents. Basel Aff. 25. Also on April 29, 2019, the Town confirmed its understanding of the Request: [The Town] understand[s] your request to be seeking records that both a) mention or refer to Martin O'Boyle, and b) are about the incident at the Town Hall on September 22, 2015. Basel Aff., Ex. 4 (emphasis added). 26. The Town also explained what it interpreted the Request to not be seeking: [The Town] do not interpret this request to be seeking records generated by you, your attorneys, or agents; or records about the subsequent criminal case that stemmed from this incident ... Basel Aff., Ex. 4 (emphasis added). 27. O'Boyle responded to the Town's clarification of the Request the next day. While O'Boyle stated that he found portions of the Town's April 29, 2019, correspondence "confusing," he did not state that the Town's understanding of the Request was incorrect or under-inclusive. Basel Aff., Ex. 5. 28. Instead, O'Boyle provided is own "clarification" that was almost identical to the Town's clarification: 3 The Town's typical process in responding to records requests is to make the responsive records available on-line through a Laserfiche Weblink. In this process, the Town compiles the responsive documents and then makes them available to the requestor electronically by sending a link embedded in an email correspondence. The requestor can then access the documents by clicking on the embedded link. See Basel Aff. -7 Firstly, let me say that the [R]equest is clear, as made above. That said, I will do my best to clarify. In that connection, I looking (sic) for all records that both a) mention or refer to Martin O'Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. NOTE: the request is not seeking records generated by me, my attorneys, or agents; but is requesting, without limitation, all records (including, with out limitation, all E-Mails, phone records, messages, letters, memos and other communications sent by, received by or created by the "Town of Gulf Stream" (as defined above) that both a) mention or refer to Martin O'Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. Basel Aff., Ex. 5 (emphasis added). 29. In his April 30, 2019, email, O'Boyle did not dispute the Town's understanding that he was not seeking "records about the subsequent criminal case that stemmed from the [September 22, 2015,] incident," and did he specifically advise the Town that he was seeking records about the subsequent criminal case. Basel Aff., Ex. 5. 30. On May 3, 2019, the Town responded to O'Boyle's April 30, 2019, "clarification" advising that a request for records that refer to something "indirectly" was "not sufficient for the Town to identify the records you seek." Basel Aff., Ex. 6. 31. The Town then explained what it had produced to date and the process it was utilizing to obtain additional records. First, the Town explained that "on April 29, 2019[, it] provided [O'Boyle] with records that had been provided in response to seven previous broad requests relating to th[e September 22, 2015,] incident." Basel Aff., Ex. 6. 32. Second, the Town explained that it had "performed an [information technology ("IT")] search of emails from September 22, 2015 to the date of [O'Boyle's] request" utilizing the following search terms "'O'Boyle' and 'September 22' or 'lobby' or incident.' Basel Aff., Ex. 6. -8 33. The Town had also searched for any emails "to or from @saol7.state.fl.us," the domain utilized by the SAO for the 17th Judicial Circuit. Basel Aff., Ex. 6. 34. "Further, the Town Attorney also performed searches, including an IT search of emails from jrandolph@jonesfoster.com to @gulf-stream.org and @commercegroup. corn from September 22, 2015 to the date of your request with the content 'O'Boyle' and September 22 or `lobby' or 'incident.' Basel Aff., Ex. 6. 35. The Town advised it would "supplement the above production with the remainder of records next week." Basel Aff., Ex. 6. 36. The Town also clarified -- for the second time -- that its search did not include documents that merely included "general references to the criminal case number stemming from this incident." Basel Aff., Ex. 6. 37. Also during this time, Town staff reviewed Sgt. Passeggiata's cell phone in an effort to obtain responsive records. Basel Aff. It contained no communications which both mentioned or referred to O'Boyle and were about the incident at the Town Hall on September 22, 2015. Basel Aff. 38. Indeed, the only communication on the cell phone that at all related to O'Boyle was a text message between Sgt. Passeggiata and ASA Bloom regarding the rescheduling of the criminal trial. Basel Aff., Ex. 18. Although not responsive, the Town produced the text message to O'Boyle in an effort to avoid future litigation. Basel Aff. -9 39. On May 4, 2019, O'Boyle emailed the Town stating, among other things, that he found its "communications as creating confusion." Basel Aff., Ex. 7. O'Boyle did not, however, explain what he found in the Town's explanation to be confusing. Id. 40. O'Boyle then attempted to provide an additional "clarification" of the Request. He wrote, "[c]onsidering the foregoing, I wish to state my request in the simplest terms. See immediately below: Please provide all records ... which emanate from the incident at the Town Hall on September 22, 2015 regarding Martin O'Boyle." Basel Aff., Ex. 7. 41. On May 10, 2019, and May 15, 2019, O'Boyle emailed the Town inquiring into the status of the Request. Basel All., Exs. 8, 9, 10. 42. On May 16, 2019, the Town emailed O'Boyle advising him that the remaining of the documents would be produced upon payment of additional costs. Basel Aff., Ex. 11. 43. On May 17, 2019, O'Boyle emailed the Town (1) asking for confirmation regarding the scope of the documents produced, (2) stating the he could not access the linked documents, (3) advising that he would be delivering a check and USB drive to the Town, (4) asking that all documents be placed on the USB drive, and (5) disputing the Town's request for additional costs. Basel Aff., Ex. 12. 44. On May 17, 2019, the Town advised that it had transferred the documents to the USB drive, which was ready for pick up at Town Hall. Basel Aff., Ex. 13. -10 45. On May 20, 2019, O'Boyle emailed the Town advising that he had received and reviewed the documents on the USB drive. Basel Aff., Ex. 16. He requested confirmation that it was the full production. Basel Aff., Ex. 16. 46. O'Boyle also asked the Town to "provide to [him] the steps that [the Town] ha[d] taken to perform the applicable searches and to obtain the records." Basel Aff., Ex. 16. He explained, "[Oat way, to the extent [he] sees] a fashion in which additional searches could have been made, which would produce 'missing' or withheld records, [he] could assist the Town in providing such records." Basel Aff., Ex. 16 (emphasis added). 47. On May 23, 2019, the Town responded, providing, per O'Boyle's request, (1) a breakdown of the labor costs and (2) a summary of the computer searches performed. Basel Aff., Ex. 17. 48. As to the searches, the Town explained that the Town's IT contractor had conducted the following: E-mails from to or to from @soal7.state.fl.us E-mails from September 22, 2015 to the date of your request with the following content: "O'Boyle" and "September 22" "O'Boyle" and "lobby" "O'Boyle" and "incident" The Town Attorney performed searches including an IT search of e-mails from Town Attorney John Randolph's e-mail address to @gulf-stream.org and @commercegroup.com with the same content used by the Town, namely e-mails that contained "O'Boyle" and "September 20;" "O'Boyle" and "lobby;" and "O'Boyle" and "incident." -11 Basel Aff., Ex. 17. 49. After the Town's May 23, 2019, explanation and despite already having the Text Messages in his possession, O'Boyle did not indicate to the Town that he believed its searches had been insufficient and did not suggest any additional searches which could have been completed to locate allegedly responsive documents (which neither mentioned O'Boyle by name nor the September 22, 2015, date at issue) such as the Text Messages. 50. Instead, O'Boyle served the Town with the Complaint on May 30, 2019, arguing that the Town had not produced all of the responsive documents because it did not produce the Text Messages. II. MEMORANDUM OF LAW 51. "Article I, Section 24(a) of the Florida Constitution grants [e]very person ... the right to inspect or copy any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf.'" Palm Beach Cty. Sheriffs Off ice v. Sun-Sentinel Co., LLC, 226 So.3d 969, 972 (Fla. 4th DCA 2017) (alterations in original). 52. Chapter 119 states, "'It is the policy of this state that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency.'" Id. (quoting § 119.01(1), Fla. Stat. (2017) ); accord Rasier-DC LLC v. B & L Serv., Inc., 237 So.3d 374, 376 (Fla. 4th DCA 2018). 53. Under Chapter 119, "[p]ublic custodians must allow a requested record to be inspected and copied by 'any person desiring to do so, at any reasonable time, [and] under reasonable -12 conditions.'" Palm Beach Cty. Sheriffs Off ice v. Sun-Sentinel Co., 226 So.3d at 972 (alterations in original) (quoting § 119.07(1)(a), Fla. Stat. (2016)); see O' Boyle v. Town of Gulf Stream, 257 So. 3d 1036, 1040 (Fla. 4th DCA 2018). Chapter 119, often referred to as the Public Records Act, is to be construed liberally in favor of openness, and all exemptions from disclosure are to be construed narrowly and limited to their designated purpose. Lightbourne v. McCollum, 969 So.2d 326, 332-33 (Fla. 2007); Rameses, Inc. v. Demings, 29 So.3d 418, 421 (Fla. 5th DCA 2010). 54. However, courts have cautioned that although the Public Records Act is to be construed liberally in favor of the state's policy of open government, "this general principle of statutory construction does not give the courts free rein to engraft their policy judgments into the Act, nor does it authorize the courts to expand the requirements of the Act beyond its plain language." Jones v. Miami Herald Media Co., 198 So.3d 1143, 1145 (Fla. 1st DCA 2016); Dettelbach v. Dep' t of Bus. & Prof l Regulation, 261 So. 3d 676, 683 (Fla. 1st DCA 2018). A. The Text Messages Are Not Responsive 55. In his Complaint and at the hearing on his Motion for Immediate, O'Boyle claimed to have "evidence" that the Town did not produce all responsive records because he had received copies of the Text Messages between Sgt. Passeggiata and ASA Bloom in response to this Prior Request to the SAO. Compl. at ¶ 29. The Complaint and its attachments confirm that O'Boyel's argument is without merit and that the Complaint should be dismissed. 56. First, a review of the Texts Messages confirms that they are simply not responsive to the Request. O'Boyle's Request sought documents that met two criteria. To be responsive, -13 documents must (1) "mention or refer to Mann O'Boyle" and (2) be "limited to the incident at the Town Hall on September 22, 2015." Compl. at ¶ 17. 57. Even a cursory review of the Text Messages demonstrates that they do not meet these bright-line criteria. None of them refer to or mention O'Boyle. See Compl., Ex. 1. Similarly, none of them are about the September 22, 2015, incident. Id. Instead, they all pertain to the scheduling matters related to O'Boyle's upcoming criminal. Since the Text Messages were not responsive, the Town was not required to produce them, and its failure to do so does not constitute a violation of Chapter 119. 58. Second, even if the Text Messages were responsive (they are not), the transitory nature of the messages establishes that the Town had no obligation to retain them beyond their administrative usefulness. Under Chapter 119, the Division of Library and Information Services of the Department of State ("Division") is required to "adopt rules to establish retention schedules ... for public records." § 119.021(2), Fla. Stat. 59. Pursuant to section 119.021(2), the Division published General Records Schedules that set retention requirements for records at various government agencies. GS1-SL is the General Records Schedule for State and Local Government Agencies. See GS1-SL. As to Electronic Communications, the GS1-SL provides: There is no single retention period that applies to all electronic messages or communications ... . Retention periods are determined by the content, nature, and purpose of records, and are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which they reside or the method by which they are transmitted. Electronic communications, as with records in other formats, can have a variety of purposes and relate to a variety of program functions and activities. The retention of any particular electronic message will generally be the same as the retention for records in any other format that document the same program -14 function or activity. For instance, electronic communications might fall under a CORRESPONDENCE series, a BUDGET RECORDS series, or one of numerous other series, depending on the content, nature, and purpose of each message. Electronic communications that are created primarily to communicate information of short-term value, such as messages reminding employees about scheduled meetings or appointments, or most voice mail messages, might fall under the "TRANSITORY MESSAGES" series. GS1-SL at 13 (emphasis added), a true accurate copies of the relevant portions of GS1-SL is attached hereto Exhibit C. 60. As to Transitory Messages, the GS1-SL provides: This record series consists of records that are created primarily to communicate information of short-term value. "Transitory" refers to short-term value based upon the content and purpose of the message, not the format or technology used to transmit it. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; most telephone messages (whether in paper, voice mail, or other electronic form); announcements of office events such as holiday parties or group lunches; recipient copies of announcements of agency sponsored events such as exhibits, lectures or workshops; and news releases received by the agency strictly for informational purposes and unrelated to agency programs or activities. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. RETENTION: Retain until obsolete, superseded, or administrative value is lost. GS1-SL at 41 (emphasis added). 61. Here, the Text Messages meet the definition of Transitory Messages. They all merely pertain to scheduling matters in the criminal matter, including the anticipated date of the trial, whether scheduled depositions would go forward, and whether witnesses were available on certain dates. Compl., Ex. 1. They also all pertain to events that have now passed since the trial has now been re-scheduled to proceed on July 16, 2019, and the depositions have occurred. Therefore, the -15 Text Messages have become obsolete, been superseded by subsequent events, or their administrative value is lost. Regardless, the Town was no longer obligated to retain the Text Messages. 62. Finally, O'Boyle's use of the word "emanate" does not render the Text Messages responsive to the Request. In an effort to create ambiguity associated with the two criteria originally used in the Request, O'Boyle introduced the new word "emanate" when purportedly attempting to "clarify" the Request. See Basel Aff., Ex. 7 ("Please provide all records ... which emanate from the incident at the Town Hall on September 22, 2015 regarding Martini O'Boyle."). The use of the vague word "emanate" to clarify the phrase "but limited to the incident at the Town Hall on September 22, 2015" does not help O'Boyle survive dismissal. 63. As a threshold matter, the word "emanate" is not appropriate in the context used by O'Boyle. Merriam-Webster defines "emanate" as "to come out from a source" or "emit" and provides two examples of its use: (1) "a sweet scent emanating from the blossoms" and (2) "she seems to emanate an air of serenity." www.merriam-webster.com/dictionary/emanate. Emanate simply does not properly apply to written communications resulting from some event. 64. Even if "emanate" could be applied to documents pertaining to an incident, such a request would be so vague and overly-board as to make a complete response impossible. As O'Boyle's own arguments make clear, he interprets a request for documents which emanate from the September 22, 2015, incident include to include communications related to the scheduling of his criminal trial. The tenuous connection between the incident in 2015 and a still-uncertain date of any potential future criminal trial makes the use of the word "emanate" simply unworkable for the individual searching for responsive documents. Chapter 119 does not require the Town to engage -16 in linguistic gymnastics in its effort to provide documents to a Request which includes specific name/date criteria. 65. As explained below, the Town conducted a good faith and reasonable search utilizing the two criteria stated in O'Boyle's Request. It then produced almost 1300 records. O'Boyle should not be permitted to undermine the adequacy of the Town's response by altering his Request with an ambiguous term intended to eliminate the clarity of the initial Request. The facts here are especially egregious because O'Boyle was already in possession of the Text Messages at the time he sumbitted his Request. B. The Town Satisfied Its Obligations Under Chapter 119 66. "A custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." § 119.07(1)(c), Fla. Stat. (emphasis added); State Att' y ' s Off . of 17th Jud. Cir. v. Cable News Network, Inc., 254 So. 3d 461 (Fla. 4th DCA 2018). 67. The custodian then must make any responsive public records available "to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records." § 119.07(1)(c), Fla. Stat. 68. "Where specified communications to or from individual state employees or officials are requested from a governmental entity—regardless of whether the records are located on private or state accounts or devices—the entity's obligation is to conduct a reasonable search that includes -17 asking those individual employees or officials to provide any public records stored in their private accounts that are responsive to a proper request." O' Boyle, 257 So. 3d at 1041. 69. The Town complied with its obligations under Chapter 119. First, the Town promptly acknowledged the Request. After receiving the Request on April 16, 2019, the Town responded the next day acknowledging receipt. Basel Aff., Ex. 2. 70. Second, the Town then engaged in good faith and reasonable efforts to locate responsive documents. This included: a. Confirming the scope of the documents; See Basel Aff. b. Reviewing O'Boyle's previous records requests to locate similar requests and the responsive documents; c. Having the Town's IT contractor conduct searches of the Town's servers for the following: i. any emails to or from @soal7.state.fl.us, ii. any e-mails from September 22, 2015, through April 16, 2019, which contain the words "O'Boyle" and "September 22," "O'Boyle" and "lobby," or "O'Boyle" and "incident;" d. Having the Town Attorney conduct searches of its records for responsive documents including searches for e-mails from Town Attorney John Randolph's e-mail address to @gulf-stream.org and @commerce-group.com for e-mails that contained "O'Boyle" and "September 20;" "O'Boyle" and "lobby;" and "O'Boyle" and "incident;"; and c. Examining the cell phone of the Town employee likely to have responsive documents for communications including text messages responsive to the Request. -18 71. The Town then produced all of the records obtained from the these searches, which ultimately totaled almost 1300 records. See Basel Aff. The Town's efforts represent a good faith and reasonable effort to obtain responsive records and therefore complied with the Town's obligations under Chapter 119. 72. Entering judgment in favor of the Town under these circumstances would be consistent with other Florida authorities given that O'Boyle has presented no evidence that the Town's response was inadequate. In cases addressing Chapter 119 claims in similar circumstances, the Florida Supreme Court has upheld summary denial of public records claims that are based on nothing more than "mere speculation about the existence of unproduced records." Garcia v. State, 949 So. 2d 980, 987 (Fla. 2006) (affirming summary denial of public records claims where a criminal defendant alleged that a law enforcement agency was withholding records from witness interviews, but the agency claimed it searched for the records and determined they do not exist where the sole reason that the criminal defendant offered for his belief was speculation that certain interviews conversations "should have been memorialized." C. O'Boyle's "Gotcha" Tactics Should Not Be Rewarded 73. The claim framed in O'Boyle's Complaint is a classic case of "gotcha" litigation. In response to the Prior Request to the SAO, O'Boyle received text message communications between Sgt. Passeggiata and ASA Bloom. Compl., Ex. 1. The Prior Request -- in simple and straightforward terms -- sought "all records sent or received by John Passeggiata for the period beginning September 1, 2015 through the date of this request." Id. -19 74. O'Boyle's Request to the Town was entirely different. Rather than seek documents sent to or received by a Town employee, O'Boyle sought documents which met two criteria: (1) they mentioned or referred to O'Boyle and (2) were limited to the September 22, 2015, incident. When the Town clarified exactly what O'Boyle wanted, O'Boyle attempted confuse the issue further by referring to documents which "indirectly" referred to or which "emanated" from an event. At no point did O'Boyle refer to the existence of the Text Messages despite having them in his possession. Had O'Boyle's Request truly been part of a legitimate effort to obtain documents, certainly he would have alerted the Town to the existence of the Text Messages in light of their purported importance to this criminal trial. 75. O'Boyle's behavior is all the more egregious since he offered to assist the Town should he believe its searches efforts were inadequate. On May 20, 2019, O'Boyle asked the Town to confirm that it had produced all responsive records and to provide an explanation of the steps takn to complete the search. Basel Aff., Ex. 16. "That way, to the extent [he saw] a fashion in which additional searches could have been made, which would produce 'missing' or withheld records, Id could assist the Town in providing such records." Basel Aff., Ex. 16 (emphasis added). O'Boyle's offer was entirely hallow. After the Town provided its explanation, O'Boyle did not advise the Town of the existence of the Text Message or ask that it search Sgt. Passeggiata's cell phone. Instead, he filed suit claiming that the Town had not been fully responsive because it did not produce the Text Messages to him. Such conduct should not be awarded. WHEREFORE, Defendant, TOWN OF GULF STREAM, requests entry of an order finding that the Town did not violate Chapter 119, denying the request for relief in the Complaint filed by -20 the Plaintiff, MARTIN O'BOYLE, and entering judgment in its favor, together with such additional relief the Court deems just and proper. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was SERVED and FILED through Florida Courts E-filing Portal to Martin E. O'Boyle, 1280 W Newport Center Drive, Deerfield Beach, FL 33442, (Moboyle@conunerce-group.com) , on this 19t h day of June, 2019. / s/ Hudson C . Gill JEFFREY L. HOCHMAN FLA. BAR NO. 902098 HUDSON C. GILL FLA. BAR NO. 15274 Attorneys for Defendant JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, PA 2455 E. Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Tel: 954-463-0100 Fax: 954-463-2444 Hochman@jambg.com Fox@ iambg.com -21 EXHIBIT "A" IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2019-CA-6817 MARTIN O'BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. AFFIDAVIT OF RENEE BASEL STATE OF FLORIDA COUNTY OF PALM BEACH ) ss: BEFORE ME, the undersigned authority, personally appeared, RENEE BASEL, who having taken an oath, deposes and states as follows: 1. I, RENEE BASEL, am over eighteen years of age and make the following statements based upon my personal knowledge. 2. I am employed by the Town of Gulf Stream as an Executive Administrative Assistant. I have held this position since May 2016. As an Executive Administrative Assistant, I assist the Town Clerk and Town Manager in carrying out their job duties. Since June 2016, I have also been the Town's public record requests coordinator. In that role, I am responsible for coordinating the Town's responses to records requests and maintaining the Town's public records request log. 3. The Town is a small municipality located in Palm Beach County. It has approximately 1,000 residents. 4. In April 2019, the Town had approximately 20 employees, but only 6 of those employees worked in Town Hall including the Town Manager, Town Clerk, Staff Attorney, CFO, receptionist, and an administrative assistant. The remaining 14 Town employees were either law enforcement officers or maintenance workers. 5. Beginning in 2013, the Town was barraged with a large number of records requests which represented a significant increase over the number of records requests it had received in the past. 6. For example, in 2014, the Town received approximately 1200 records requests. The Town had received less than 5 requests in all of 2012. 7. Starting in 2013 and continuing through April 2019, O'Boyle submitted hundreds of records requests to the Town. 8. The Town's typical practice upon receiving a records request is to (1) record the request on the Town's public records log, (2) send out an acknowledgment letter to the requester, and (3) review the content of the request to determine if any responsive documents might exist, where responsive documents might be located, and who may have possession of responsive documents. 9. The Town's typical practice is to make the responsive records available on-line through a Laserfiche Weblink. In this process, the Town compiles the responsive documents and then makes them available to the requestor electronically by sending a link embedded in an email correspondence. The requestor can then access the documents by clicking on the embedded link. 10. In April and May 2019, 1 assisted in responding to a records request ("Request") submitted by Martin O'Boyle on April 16, 2019. 1 1. Attached hereto are true and accurate copies of all of the communications between the Town and O'Boyle regarding the Request, including: Email from Martin O'Boyle to Renee Basel dated April 16, 2019, marked as Exhibit 1, -2 Correspondence from Renee Basel to Martin O'Boyle dated April 17, 2019, marked as Exhibit 2, Email from Martin O'Boyle to Renee Basel dated April 23, 2019, marked as Exhibit 3, Correspondence from Renee Basel to Martin O'Boyle dated April 29, 2019. marked as Exhibit 4, Email from Martin O'Boyle to Renee Basel dated April 30, 2019, marked as Exhibit 5, Correspondence from Renee Basel to Martin O'Boyle dated May 3, 2019, marked as Exhibit 6, Email from Martin O'Boyle to Renee Basel dated May 4, 2019, marked as Exhibit 7, Email from Martin O'Boyle to Renee Basel dated May 10, 2019, at 4:01 p.m., marked as Exhibit 8, Email from Martin O'Boyle to Renee Basel dated May 10, 2019, at 4:07 p.m., marked as Exhibit 9, Email from Martin O'Boyle to Renee Basel dated May 15, 2019, marked as Exhibit 10, Correspondence from Renee Basel to Martin O'Boyle dated May 16, 2019, marked as Exhibit 11, Email from Martin O'Boyle to Renee Basel dated May 17, 2019, at 6:31 a.m., marked as Exhibit 12, Correspondence from Renee Basel to Martin O'Boyle dated May 17, 2019. marked as Exhibit 13, Second Correspondence from Renee Basel to Martin O'Boyle dated May 17, 2019, marked as Exhibit 14, Email from Martin O'Boyle to Renee Basel dated May 17, 2019, at 2:28 p.m., marked as Exhibit 15, -3 Email from Martin O'Boyle to Renee Basel dated May 20, 2019. marked as Exhibit 16, and Correspondence from Renee Basel to Martin O'Boyle dated May 23, 2019, marked as Exhibit 17, 12. I worked with Town Staff Attorney Trey Nazarro in responding to the Request. 13. After reviewing O'Boyle's request, the Town took the following steps to locate responsive documents: a. Reviewing O'Boyle's previous records requests to locate similar requests and the Town's responses, which would include responsive documents, b. Confirming the scope of the documents being sought by O'Boyle, c. Having the Town's information technology ("IT") contractor conduct searches of the Town's servers for the following: i. any emails to or from @soal7.state.fl.us, ii. any e-mails from September 22, 2015, through April 16, 2019, which contained the words "O'Boyle" and "September 22," "O'Boyle" and "lobby," or "O'Boyle" and "incident," d. Having Jones Foster P.A. conduct searches of its records for responsive documents including searches for e-mails from Town Attorney John Randolph's e-mail address to @gulf-stream.org and @commerce-group.com for e-mails that contained "O'Boyle" and "September 20;" "O'Boyle" and "lobby;" and "O'Boyle" and "incident," and e. Examining the cell phone of Sergeant John Passeggiata, the Town employee likely to have responsive documents, for communications including text messages responsive to the Request. 14. The search of Sergeant Passeggiata's cell phone revealed that it contained no communications which both mentioned or referred to O'Boyle and were about the incident at the Town Hall on September 22, 2015. The only communication on the cell phone that at all related to -4 O'Boyle was a text message between Sergeant Passeggiata and Assistant State Attorney Bloom regarding the rescheduling of the criminal trial, marked as Exhibit 18. Although not responsive, the Town produced the text message to O'Boyle in an effort to avoid future litigation. 15. All documents obtained as a result of these searches were produced to O'Boyle. The Town ultimately produced almost 1300 documents to O'Boyle in response to the Request. FURTHER AFFIANT SAYETH NAUGHT. I HEREBY CERTIFY that on this day, befo aforesaid and in the County aforesaid to take ac BASEL, to me known to be the person described e me, an Officer duly authorized in the State owledgrnents, personally appeared RENEE d who, after being duly sworn, deposed and made the foregoing statements under penalty of perjury. RENEE BASEL executed the foregoing instrument and acknowledged before me that she executed the same. SWORN TO AND SUBSCRIBED before me this ti day of June, 2019, at Palm Beach County, Florida. Affiant is personally known to me _ Produced I.D. Notary Public My Commission Expires: frAjz- 13 20QC) -500 Seo:Rol &+ ( talNk 01N/ 4%, REBECCA TEW (es' , .. Notary Public -State of Florida i l • lit •i_ Commission N GG 001218 . ... 1 , —...,-.. , 4 : My Comm. Expires Jun 13. 2020 ' 'e,,,, t't ,,,, Bonded through National Notary Assn. EXHIBIT 1 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Tuesday, April 16, 2019 6:16 AM To: Renee Basel; Rita Taylor Subject: Records Request - Gulf Stream - Martin O'Boyle - Incident - September 22, 2015 Attachments: O'BOYLE SETTLEMENT AGREEMENT.pdf Dear Madam Custodian of Records & Ms. Renee Basel — please see the below records request. Please promptly advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly Paragraph #5 thereof, the $250 required will be hand delivered in the am. Upon receipt, that will fulfill the obligation of the Requester. 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 shah 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 Of f icers 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. 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 EXHIBIT 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 17, 2019 Martin E. O'Boyle [mail to: mew? 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: meoQcommerce-gioup.comj: Thank you for your Facilitation Fee of $250.00 by check #24435 for the public record request described above, received by the Town on April 16, 2019. The original request and correspondence can be found at the following link: bttp:Pwww2.gul t -st ream. org/web I ink/041ov 123640/Pagef.aspx The Town will use its very best efforts to respond to your public records request in a reasonable amount of time. Sincerely, •t ore 0 1 440 As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 3 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Tuesday, April 23, 2019 4:35 AM To: Renee Basel; Rita Taylor Subject: FW: Records Request - Gulf Stream - Martin O'Boyle Incident - September 22, 2015 Attachments: O'BOYLE SETTLEMENT AGREEMENT.pdf Dear Madam Custodian of Records and Ms. Basel: I make reference to the below Records Request which was made on April 16, 2019. Please allow this correspondence to serve as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a response to the referenced Records Request within five (5) business days we will institute a formal legal action against you. The above aside, if the Town needs an additional (and reasonable) period of time to fulfill this "simply stated" request, kindly let me know; and any such reasonable request will be considered. Thank you! © Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo@commerce-group.com Web Page: www.commerce-group.com From: Martin E. O'Boyle Sent: Tuesday, April 16, 2019 6:16 AM To: 'Renee Basel' <rbasel@gulf-stream.org>; 'rtaylor@gulf-stream.org' <rtaylor@gulf-stream.org> Subject: Records Request - Gulf Stream - Martin O'Boyle - Incident - September 22, 2015 Dear Madam Custodian of Records & Ms. Renee Basel — please see the below records request. Please promptly advise if you need any clarifications; otherwise, I would appreciate it if the records could be produced promptly. In connection with this request, pursuant to the attached Settlement Agreement; and, more particularly Paragraph #5 thereof the $250 required wi,i be hand delivered in the am. Upon receipt, that will fulfill the obligation of the Requestor 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 ore any redactions in any of the records, we ask that you provide the basis consistent with the request in the prior sentence. 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: meoa .commerce-oroup.com Web Page: www.commerce-groub.com 2 EXHIBIT 4 TOWN. OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 29. 2019 Martin E. O'Boyle [mail to: meo( e e , 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 & Parkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Ansehno 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 corrunerce-group.com] : Your most recent correspondence related to this public records request on April 23, 2019, provided the Town with notice of your public records request pursuant to Fla. Stat. § 1 19.12(1)(b), and further informed the Town of your intent to "institute a formal legal action" if you did not receive a response before five business days had elapsed, which would be April 30, 2019. The original request and correspondence can be found at the following link: http: //www2 .gulf-stream.oreweblink/0idoc/123640/Page1 .aspx As a courtesy, the Town directs you to Fla. Stat. § 119.12 (3), which may result in the Town being awarded fees against you for such a lawsuit, even if you prevail, and requests that we work together to avoid litigation. It is the Town's intent to provide you with the records you seek in a reasonable amount of time. The Town has been diligently working on this request, which is very broad, seeking "all records" related to an incident that occurred nearly four years ago, and has been the subject of many previous public records requests by you, your private investigator and your attorneys. Those requests and links to the Town's responses are as follows: GS 15-1954 (incorporating the 28 page response to GS 15-1928 at: htto: //www2.gulf -stream.org/WebLink/DocView.aspx?dbid--0&id=65551&oage= I &cr -1) , available at http: //www2 .gulf -stream.org/weblinIc/0/doc/67219/Pagel.as px Provide copies of all information that was displayed and/or were made available in the lobby of the Gulf Stream Town Hall at any time on 9/22/ 15 which are in the possession of 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 Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15-1963, available at http://www2.gulf -stream.org/weblink/O/doc/67570/Pagel.aspx Provide copies of all records relating to all 911 calls for an ambulance from the Town of Gulf Stream Town Hall on September 22, 2015 which are in possession of 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 Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm.) GS 15- 1983, available at http://www2.gulf-stream.org/weblink/O/doc/67921/Pagel .aspx Provide a copy of all complaints made against any Gulf Stream police officer and/or the Gulf Stream Police Department and/or the Town of Gulf Stream beginning January 1, 2010 through October 13, 2015 which are in possession of 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 Police Department, its Police Officers and its Counsel (including, without limitation, the following law .firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law _firm.) GS 15-1994, available at littp://www2.gu f-stream.org/webl ink/O/doc/68 I 66/Pagel.aspx and supplemental response h ttp: //www2 .gu I f-stream.org , /webl ink/O/doc/68166/Page28.aspx 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. 1 want to put you on notice that 1 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." GS 15-2042, available at http://www2.gulf -stream.org/weblink/O/doc/69615/Pagel.aspx (additional records are in the possession of your attorney, Jonathan O'Boyle, and can be provided by the Town if you would like another copy) (I) 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. (2) 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! 1 just don 't want to find anything later on, I have been painstaking in my efforts to avoid any "cops 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. (3) Also, wanted to know if there was a police manual I could get online, specifically 1 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. (4) 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/IS, this also includes any communications or records that occurred subsequent, including any transmissions to the State Attorney's office. (5) 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. GS 15-2059, available at http://www2 .gulf -stream.orWweblinkJO/doc/71451/Pagel.avx Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession o f the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below If any clarification to this Request is necessary, I ask that you kindly notify the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce-group.com. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police Officers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm) GS 15-2078, available at http://www2.gulf -stream.org/weblink/O/doc/75461/Page1.aspx Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref Delray Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672: (1) CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD (2) Completed Police Officer Use of Force Report (3) Completed Supervisor Incident Report (4) Department Policy and Procedures related to Use of Force (5) Department Policy and Procedures related to persons injured while in custody and control of police (6) Department Policy and procedures for arrest procedures including Misdemeanor crimes (7) Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons (8) Department Policy and Procedures on handling criminal investigations (9) Department Policy and Procedures on processing crime scenes (10) Department Policy and Procedures on handling ►wwitness statements (11) All Emails from Chief Garrett Ward reference incident and or Mr. Martin O'Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (12) All Emails from Sgt Passeggiata reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (13) All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 (14) All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 (15) Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color While noting that your request is very broad, as interpreted, the Town believes it is sufficient to identify the records you are seeking. We understand your request to be seeking records that both a) mention or refer to Martin O'Boyle, and b) are about the incident at the Town Hall on September 22, 2015. We do not interpret this request to be seeking records generated by you, your attorneys, or agents; or records about the subsequent criminal case that stemmed from this incident, although those records were provided to you in the responses to the above requests. We are also providing you with a copy of the meeting minutes of the September 22, 2015 Budget Meeting, available at http://www2.gulf-stream.org/weblink/O/doc/67607/Page1.aspx. While these records are being provided in an abundance of caution, we also do not interpret these records to be responsive to your request. The responses to the above referenced requests includes more that 100 pages of records and countless hours of work by Town Staff and its contractors during 2015, and will be supplemented upon reviewing additional records. After reviewing the above records, please let us know if your request seeks any additional records not included in the Town's interpretation of this request. The Town will then supplement its response to include any additional records you seek. Sincerely, tire tgliqgor As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 5 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Tuesday, April 30, 2019 9:08 AM To: Renee Basel Cc: Rita Taylor Subject: FW: GS #2704 (Records Request - Incident - September 22, 2015) Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.part.pdf Dear Renee - Thank you for your email below and the attachment, which remains attached to this email Your recitation of the request (as in the attachment) is properly set forth (and highlighted) below. Note: Please note the correction in the spelling ("Marin" to "Martin") Please provide all records pursuant to (and as defined in) Chapter 119 of the Florida Statutes which mention or refer to Martin 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.) In referring to the attachment, I find the last 2 paragraphs of the attached letter (which I have below) to the confusing. Accordingly, I I that you see my clarification in bold immediately following. Firstly, let me say that the request is clear, as made above. That said, I will do my best to clarify. In that connection, I looking for all records that both a) mention or refer to Martin O'Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. NOTE: the request is not seeking records generated by me, my attorneys, or agents; but is requesting, without limitation, all records (including, 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" (as defined above) that both a) mention or refer to Martin O'Boyle, and referred to either directly or indirectly to the incident at the Town Hall on September 22, 2015. Incidentally, further to the attachment, I having difficulty understanding what records which you assert have been produced as a result of the links as identified in the attachment, are responsive to the above request. Could you please be more specific. Best, for you to "purge those records", since you understand them and to send them in a separate pdf document. Thank you. PS: this request is time sensitive. I previously provided you with a five-day notice, while at the same time; if you could not produce the responsive documents within the 5 day period, asking you for a reasonable estimate of the time necessary to obtain a full and complete response. Once again, I renew that request. I look forward to your prompt response in that regard. • While noting that your request is very broad, as interpreted, the Town believes it is sufficient to identify the records you are seeking. We understandyour request to be seeking records that both a) mention or refer to Martin O'Boyle, and b) are about the incident at the Town Hall on September 22, 2015. We do not interpret this request to be seeking records generatedby you, your attorneys, for agents; or records about the subsequent criminal case that stemmed from this incident, although those records were provided to you in the responses to the above requests. We are also providing you with a copy of the meeting minutes of the September 22, 2015 Budget Meeting, available at http://www2.gulf stream.orgiweblinkA1do1676071 .page1.asple While these records are being provided in an abundance of caution, we also do not interpret these records to be responsive- to your request. The responses to the above referenced requests includes more than.100 pages of recordS-and countless hours of work by Town Staff and its contractors during 2015, and will be supplemented-Upon reviewing additional records. After reviewing the above records, please let us know if your request seeks any additional records not included in the Town's interpretation of this request. The Town will then supplement its response to include any additional records you seek. 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: Monday, April 29, 2019 4:00 PM To: Martin E. O'Boyle <meo@commerce-group.com> Subject: GS #2704 (Records Request - Incident - September 22, 2015) Good afternoon, Mr. O'Boyle: See attached correspondence. 2 Sincerely, tire — Executive Administrative Assistant Town of Gulf Stream too Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 EXHIBIT 6 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 3, 2019 Martin E. O'Boyle [mail to: meotiD , 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/Pagel.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 'own to identify the records you seek. In order to satisfy your request and respond 'n good raith, the Town, on April 29, 20' 9 provided you NV.th 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.fLus. 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, As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 7 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.corn> Sent: Saturday, May 4, 2019 2:12 PM To: Renee Basel Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_orod.IT.pdf 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 ore 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 1 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, Executive Administrative Assistant Town of Gulf Stream Dm Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 EXHIBIT 8 Renee Basel From: Martin E. O'Boyle ‹meo@commerce-group.com> Sent: Friday, May 10, 2019 4:01 PM To: Renee Basel; Rita Taylor Subject: FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police Issue270 Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.lTpdf Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. 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 from the date of this email, 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: Martin E. O'Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream erg> Subject: FW: GS #12704 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 f irm.) 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.com merce-group.com From: Renee Basel <RBasel@gulf-stream.olg> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O'Boyle <meo@com merce group.com> Subject: G5 #2704 Good afternoon, Mr. O'Boyle: See attached correspondence. Sincerely, tire" trio( Executive Administrative Assistant Town of Gulf Stream too Sea Road Gulf Stream FL 33483 2 561.276.5116 561.737.0188-fax www.gnif-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 EXHIBIT 9 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Friday, May 10, 2019 4:07 PM To: Renee Basel; Rita Taylor Subject: RE: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf PLEASE NOTE THE CORRECTION TO MY PREVIOUS EMAIL SENT AT 4:01 PM UNDERLINED AND HIGHLIGHTED BELOW. Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: in connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4:30pm 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 from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and gra nted, 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: meoa _commerce-droup.com Web Page: www.corn merce-aroup.corr i From: Martin E. O'Boyle Sent: Friday, May 10, 2019 4:01 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream,org>; rtaylor@gulf-stream.org Subject: FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police Issue270 Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. 1 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 from the date of this email, 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.com merce-drouo.com From: Martin E. O'Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: 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 Com missioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Of f icers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Rich man 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 document 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 2 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-oroup.com From: Renee Basel <RBasel@Rulf-stream.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O'Boyle <meoPcom merce-group.com> Subject: GS #2704 Good afternoon, Mr. O'Boyle: See attached correspondence. Sincerely, Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-st ream .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 pubic records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 EXHIBIT 10 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Wednesday, May 15, 2019 7:57 AM To: Renee Basel; Rita Taylor Cc: Michelle Melicia Subject: FW: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.IT.pdf Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below. Please accept this letter as formal notice (pursuant to Ch. 119.12(1)(b) Notice) that if we do not receive a full and complete response to the referenced Records Request within five (5) business days from the date of this email, 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: Martin E. O'Boyle <meo@commerce-group,com> Sent: Friday, May 10, 2019 4:07 PM To: 'rbasel@gulf-stream.org' <rbasel@gulf-stream.org>; rtaylor@gulf-stream.org Subject: RE: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue PLEASE NOTE THE CORRECTION TO MY PREVIOUS EMAIL SENT AT 4:01 PM UNDERLINED AND HIGHLIGHTED BELOW. Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. NOTE: In connection with the captioned, I am alerting you that if I do not receive the requested responsive documents by the 4 :30pm 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 from the date of this email, we will institute a formal legal action against you, unless an agreed upon reasonable extension is requested and granted. 1 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: meoncommerce-grouto.com Web Page: www.com merce-group.com From: Martin E. O'Boyle Sent: Friday, May 10, 2019 4:01 PM To: 'rbasel@gulf-stream.org' <rbaselPgulf-stream.org>; rtaylor@gulf-stream.org Subject: FW: GS #4 - September 22, 2015 Incident - Gulf Stream Police issue270 Dear Ms. Basel & Madam Custodian of Records: I make reference to the attached and the below which succeeded the creation and delivery of the attached; and, therefore supersedes the attached. 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 from the date of this email, 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-oroup.com Web Page: www.commerce-droup.com From: Martin E. O'Boyle Sent: Saturday, May 4, 2019 2:12 PM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: GS #2704 - September 22, 2015 Incident - Gulf Stream Police Issue 2 Dear Ms. Basel — upon receipt of your email below, I reviewed the attached, along with my original request and the communications in between. 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 [-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 staf f , its Police Department, Its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas; Rich man Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A. ; and Johnson Ansel mo 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, l 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 meoacommerce-droup.com Web Page: www.com merce-orouP.com From: Renee Basel <RBasel@gulf-strearn.org> Sent: Friday, May 3, 2019 3:49 PM To: Martin E. O'Boyle <meoPcomMerce-group.com> Subject: GS #2704 3 Good afternoon, Mr. O'Boyle: See attached correspondence. Sincerely, t elt et fflo t Executive Administrative Assistant Town of Gulf Stream ioo Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www. gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, 4 EXHIBIT 11 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 16, 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 Guff Stream, its Commissioners, its Manager, its employees, its officers, its staff its Police Department, its Police Qflicers 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: meoa , commerce-group.com] : The original request and correspondence can be found at the following link: http: //www2 .gulf -stream.org/weblink/0/doc/123640/Pagel.aspx At your request the Town provided you with a partial production of approximately 190 pages of records on April 29, 2019. We now estimate to fully respond to your request requires four hours of administrative support at $42.90 per hour, two hours and 13 minutes of staff attorney support at $74.07 per hour and one hour of IT support at $115.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). The Town notes that you have already paid $250 toward this request. (4 (a) $42.90 = $171.60) + (2.22 @ $74.07 = $164.44) + (1 @ $115.00 = $115.00) Deposit Due: $451.04 - $250 Facilitation Fee = $201.04 cash or check. At the above link, 840 pages have been provided to you, which covers your $250 deposit. Upon receipt of the additional $201.04, the Town will supplement the above production with the remainder of records. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, tate( it As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 12 Renee Basel From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Friday, May 17, 2019 6:31 AM To; Renee Basel Subject: FW: GS #2704 Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.est,pdf Thank you for your email below. Please let me know if the documents which you made available via the link in the attached letter are in addition ot; or, are a supplementation to the April 29° production. In that connection, I point out, once again, that I am unable to access the documents in the link. Considering the foregoing; and considering your unreasonable demand that a payment "in full" be made prior to your releasing, to me, the records which the Town is holding (hostage); and, considering that the Town has been advised that the records in the links are inaccessible; and in an effort to avoid further delays in retrieving the records, I am having delivered to you this morning a check in the amount requested, namely, $201.04 + $5.50, for a USB drive so that the records will be available to me. This payment is being tendered under protest and with a reservation of rights, including such matters stated in my recent communications. In connection with the captioned, please provide me with a detailed accounting together with the "back up" records so that I could confirm that the time spent and the costs asserted are proper for your billing. Further to the above, I again point out that the Settlement Agreement requires me to pay only the $250 "Facilitation Fee" not all amounts in full, which you admit that you require from no one else. Please be mindful of that. Please also be mindful that such conduct by the Town represents a continuing breach of the Settlement Agreement; and, as I am beginning to deem necessary, based on the Town's provocation, I may be forced to take legal action to prevent such conduct (which is clearly retaliatory and is meant only to frustrate my ability to obtain records and to impair my Constitutional Rights) from continuing. 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: Thursday, May 16, 2019 4:52 PM To: Martin E. O'Boyle <meo@commerce-group.com> Subject: GS #2704 Good afternoon, Mr. O'Boyle: See attached correspondence. Sincerely, Executive Administrative Assistant Town of Gulf Stream too Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax WWW.gi ! if strea m org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 EXHIBIT 13 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 17, 2019 Martin E. O'Boyle [mail to: meo( d 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 lawfirms: Sweetapple, Broeker & parkas; Richman Greer, PA; Jones, Foster, Johnston & Stubbs; Cole, Scott & Kissane, P.A.; and Johnson Ansehno 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( c 4ommerce-group.com] : The original request and correspondence can be found at the following link: http://www2.gulf -stream.orgiweblink/ Oldoc/123640/Pkgel.aspx The Town received the deposit of $201.04 + $5.50 fora USB drive on May 17, 2019 by Check #24557. The Town has supplemented the records provided at the above link with the remainder of records and, per your request, has prepared all documents that were provided to you on our website and put them on a USB drive for $5.50, the cost of the USB drive. The USB drive is available to be picked up any time between the office hours of 9:00 AM and 4:00 PM Monday through Friday, Sincerely, t`t,q- t4t,grtlef As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 14 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered in person May 17,2019 Martin E. O'Boyle [mail to: meokcon nerce-grouri.corni 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 2Z 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( 4 ) , commerce-group.corn] : The original request and correspondence can be found at the following link: http: //www2.gulf -stream.org/weblink/O/doc/123640/Page I .aspx The Town provided your squire the USB drive requested. Sincerely, (r -Th As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 15 Renee Base! From: Martin E. O'Boyle <meo@commerce-group.com> Sent: Friday, May 17, 2019 2:28 PM To: Renee Basel Subject: FW: GS #2704 Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod.USB.pdf Renee — I really don't want to read this discombobulated mess any more than I have to. Please extend me the courtesy of letting me know whether this is a full production. If so, I will begin reviewing over the weekend. I await your prompt (and courteous) response, after which I wish you a wonderful weekend. 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: Martin E. O'Boyle Sent: Friday, May 17, 2019 11:35 AM To: 'Renee Basel' <rbasel@gulf-stream.org> Subject: FW: GS #2704 Renee — thank you for your email below and the attachment. The USB has been picked up. I will download the records. Please confirm by return email that that which is on the drive is the Final production and that I now have it all. Thank you. Note: This email was prepared using dictation software. As a result, there may be errors in the content and thus the content may not be relied upon. If you wish clarification, please call or write requesting the same. Thank you. Martin E. O'Boyle, Commerce Group 1280 W. Newport Center Drive Deerfield Beach, Fl. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561-383-1221 E-mail: meo a c com merce-croup.com Web Page: www.commerce-broup.com From: Renee Basel <RBaselPgulf-stream.org> Sent: Friday, May 17, 2019 11:14 AM To: Martin E. O'Boyle <meo@commerce.: group.com> Subject: GS #2704 Good morning, Mr. O'Boyle: See attached correspondence. Sincerely, Executive Administrative Assistant Town of Cuff Stream lob Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www. gulf-strearn.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 EXHIBIT 16 Renee Basel From: Martin E. O'Boyle <meo@commerce-group,com> Sent: Monday, May 20, 2019 9:23 AM To: Renee Basel Subject: FW: GS #2704 Attachments: GS #2704 (Records Request - Incident - September 22, 2015)_prod,USB,pdf When a-thank you for your email below and the attachment. Also, I want to let you know that I receive the USB Drive over the weekend. I made a "quick run" through the USB Drive. Hopefully, I will have the time in the next day or 2 to review the responsive records on the USB Drive more thoroughly. In connection with the responsive records, I note that on the USB Drive there at 1294 pages. Please confirm that the 1294 pages represents the total of all responsive records. I make this request since your previous responses were "piecemeal" and I want to make sure that I review all of the responsive documents. I'm hoping that you will advise the that the 1294 pages is a full production. As far as the cost, I am struggling to understand the basis for the costs. That said, I believe that I am entitled to an accounting along with the "backup" (the "Accounting") under Chapter 119 and under the Settlement Agreement. If you disagree, please advise. Otherwise, I would appreciate it if you would provide me with the Accounting. Also, given the Town's prior conduct and recent admissions that they knowingly violated the law and withheld documents, I am suspicious that the Town did not produce all of the responsive records. That said, if you could provide to me the steps that you have taken to perform the applicable searches and to obtain the records, I would appreciate it. That way, to the extent that I see a fashion in which additional searches could have been made, which would produce "missing" or withheld records, I could assist the Town in providing such records. Needless to say, such an approach will be helpful in convincing me that the Town is acting in good faith. I await your prompt response. Thank you! 0 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 17, 2D19 11:14 AM To: Martin E. O'Boyle <meo@commerce-group,com> Subject: GS #2704 Good morning, Mr. O'Boyle: See attached correspondence. Sincerely, tre tvoirotte Executive Administrative Assistant Town of Gulf Stream loo Sea Road Gulf Stream FL 33483 561.276.5116 561.737.0188-fax www.gulf-stream.org Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 2 EXHIBIT 17 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 23, 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: meoa , commerce-group.com] : The original request and correspondence can be found at the following link: http://www2.gulf -stream.org/weblin . lc/0/doc/123640/Pagel.aspx You have requested information about the Town's response to this public records request, specifically "the basis for the costs," as stated in your May 20, 2019 email, which also asks that the Town "provide to me the steps that you have taken to perform the applicable searches and to obtain the records." As noted in the Town's May 16, 2019 letter, the labor cost of the personnel providing the service to provide records in response to this public records request was $451.04, and was comprised of the following costs: 4 hours of administrative support at $42.90 per hour 2 hours 13 minutes of staff attorney support at $74.07 per hour 1 hour of Information Technology support at $115 per hour This resulted in the production of more than 1200 pages of records. Staff time sheets track hours, but do not show how much time was worked on any particular request. Annual salaries plus benefits of Town employees are available on the Town of Gulf Stream website. Invoices from the Town's IT contractor will show the searches performed and the time billed, but a bill for the month of May 2019 has not yet been received. However, in reviewing past invoices for IT services the Town has noticed that it was improperly billed at the rate of $115 per hour, when the services under the contract should have been billed at $85 per hour. Due to the billing error by our contractor, we are refunding you the $30 difference. Additionally, the Town's May 3, 2019 letter broke down the specific searches to be performed by the Town's IT contractor as follows: E-mails from to or to from @saol7.state.fl.us E-mails from September 22, 2015 to the date of your request with the following content: - "O'Boyle" and "September 22" - "O'Boyle" and "lobby" - "O'Boyle" and "incident" No invoices from the Town Attorney, the law firm of Jones Foster, are being provided as the Town did not include these costs in the above breakdown. However, the Town reserves the right to do so. The Town Attorney performed searches including an IT search of e-mails from Town Attorney John Randolph's e-mail address to ®gulf-stream.org and @commerce-group.com with the same content used by the Town, namely e-mails that contained "O'Boyle" and "September 22;" "O'Boyle" and "lobby;" and "O'Boyle" and "incident." The Town Attorney determined the search terms to be used to find and produce records responsive to your request. The Town is happy to provide you with this information and does not construe this request for information to be a public records request. Sincerely, t it r 0-40 .0 c f \-3 As requested by Rita Taylor Town Clerk, Custodian of the Records EXHIBIT 18 Veri7on [IF 1:29 PM SA Nicole Bloom Please let me know if trial rescheduled??? It is. I will call you later in the day to explain. 0 EXHIBIT "B" Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 1 of 16 WM /VC? Filing # 18163711 Electronically Filed 09/12/2014 1L30:58 AM / 1 , i 51 ju i O' L ls` Pri LNI THE CIRCUIT COURT OF THE 15114 JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'B.OYLE Plaintiff; ROBERT A, SWEETAPPLE =4 MAYOR SCOTT MORGAN, Defendants. S U M M O NS THE STATE OF FLORIDA To each Sheriff of the State: Case No: 2014CA011052 YOU ARE COMMANDED to serve this summons and a copy of the complaint in this law suit on defendant: Scott Morgan, mayor of the Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 Each defendant is required to serve written defenses to the complaint or petition on Daniel DeSouza, Plaintiff's attorney, whose address is 1515 N. University Drive, Suite 209, Coral Springs, Florida 33071, within twenty (20) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on plaintiff's attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against the defendant for the relief demanded in the complaint or petition. DATED on SEP 12 2014 . ? 6 f7dt .B y: / 7 8 A t r Clerk of the Court Robin Fender DESOUZA LAW, P.A. Attorney for the Plaintiff 1515 N. University Drive, Suite 209 Coral Springs, Florida 33071 Telephone: (954) 551-5320 DDesouzo@desouzalaw nom t_crfi SHARON R. BOCK Clerk & Comptroller P.O. Box 4667 West Palm Beach, Florida 33402-4667 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 2 of 16 Filing 380421i 1 Electronically Filed 09/09/201405:04:34 FM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, Plaintiff, v. ROBERT A_ SWEETAPPLE and MAYOR SCOTT MORGAN, Defendants. Case No. 026/ 0 110raVERIFIED COMPLAINT Plaintiff Martin E. O'Boyle ( " Plaintif f " ) sues Defendants Robert A. Sweetapple ( " Sweetapple' ) and Scott Morgan ("Morgan"), mayor of the Town of Gulf Stream (the "Town"), and alleges as follows: PARTIES, JIJAISDICTION; AND ' VENUE 1. This Court has subject matter jurisdiction over this case in that it is an action at law where the amount in controversy exceeds the sum of $15,000.00, exclusive of interest and costs, and attorneys' fees 2. Plaintiff is an individual who resides in Palm Beach County. 3. Sweetappie is an individual who, upon information and belief, resides in Palm Beach County. 4. Morgan is an individual who, upon information and belief, resides in Palm Beach County. At all times relevant to the claims asserted herein, Morgan served in the capacity as mayor of the Town, This lawsuit is brought against Morgan in his individual capacity and in DE.SOUZA LAW, P.A. 515 N. UNIVERSITY DR., SUITE 209 • CORAL SPRNOS. FL 330%I TELEPHONE (954) 603.1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 3 of 16 his offidial capacity as mayor of the Town. 5 . Venue is proper in this judicial district, inter alit; because Defendants reside in this judicial district and the causes of action brought by Plaintiff accrued in this judicial circuit. BACK ROUND 6. The Town is a relatively small municipality with approximately 1,000 residents located within its approximately 500 acres of land. 7 . Plaintiff is a resident of the Tovin. owning and occupying the home located at 23 N. Hidden Harbour Drive, Gulf Stream, Florida 33483. 8. Plaintiff is an avid supporter of Florida's Public Records Law and, in an exercise of his Constitutional and statutory rights, has over the years submitted numerous public records requests to the Town and various other municipalities/agencies. 9 . Occasionally, these public records requests are not complied with and Plaintiff has exercised his right under Fla. Stat, § 119 to bring a lawsuit to enforce his rights under the Public Records Law. 10. Plaintiff has filed approximately 29 lawsuits against the Town for alleged violations of the Public Records Law. As of the date of this lawsuit, Plaintiff is currently engaged in 12 lawsuits against the Town relating to alleged violations of the Public Records Law. I1. In addition to public records requests and lawsuits, Plaintiff has also sued the Town for alleged violations of Plaintiff's civil rights and Constitutional protections. 12. In total, Plaintiff has filed approximately 30 lawsuits against the Town since January 1, 2013. 13. Plaintiff has not filed any of these lawsuits to harass the Town or for any 2 ossour..A LAW, F.A. 1313 N. UNIVERSITY DR., SUITE 209 • CORAL STRINGS, FL 33071 TELEPHONE (954) 603-1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 4 of 16 improper purpose — rather, each of the lawsuits filed by Plaintiff against the Town was filed to enforce a specific Constitutional or statutory right which Plaintiff contends was violated by the Town and/or its officials. 14. Plaintiff views these lawsuits as meritorious and necessary to enforce State and federal laws, and, with respect to at least some of the public records lawsuits filed by Plaintiff, Morgan has stated on the record that he agrees. 15. Notwithstanding this limited agreement, the Town (through the actions of Morgan and Sweetapple) has endeavored to ratchet up its defense of all lawsuits filed by Plaintiff through threats, intimidation, and harassment (as opposed to defending on the merits). 16. In a June 2, 2014 letter from Morgan to all Town residents, Morgan noted that the Town's general fund reserves bad fallen below an acceptable number and blamed this occurrence on the lawsuits filed by Plaintiff and another Town resident. 17. With respect to the public records requests filed by Plaintiff and the other Town resident, Morgan stated that, in his opinion, they "have little purpose other than to harass and financially damage our town." 18. Morgan's letter then goes on to state that the money to defend these lawsuits would likely have to come from increased taxes to the residents of the Town - a premonition that the Town made good on in July 2014 when Town commissioners voted unanimously to approve a tax hike for Town residents. 19. In a final show of bravado regarding the lawsuits filed by Plaintiff and the other Town resident, the June 2, 2014 letter states; In response to this continuing problem, the Commission is stepping up its defense of the O'Boyle and O'Hare litigation. Special counsel has been hired to assist our other attorneys in this regard. The Commission believes strongly that a firm stance is necessary 3 DESOUZA LAW, P.A. 1515 N. UNIVERSTI"( DR., SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 6034340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 5 of 16 to limit the detrimental effects that these lawsuits are having on staff morale and Town reserves. 20. That statement was at least partially true. Indeed, the Town hired Sweetapple, an attorney with Sweetapple, Bracket & Varkas, P.L., to serve as special counsel with respect to, inter alia, the lawsuits filed by Plaintiff. 21. Although. "stepping up its defense" can mean several things, it quickly became apparent to Plaintiff that the Town's nenvfotmd strategy in dealing with him did not involve litigating the merits of his lawsuits in a court of law. 22. Rather, Morgan and Sweetapple (and likely other Town officials unknown to Plaintiff at this time) devised a plan to smear Plaintiff's name among his friends and colleagues and to assert undue pressure on Plaintiff by lashing out against his family. 23, By acting together, the mayor (Morgan) and the attorney (Sweetapple) decided that they.could accOnviish What neither one of them could accomplish on their own — systematic and pervasive pressure on Plaintiff designed to silence and/or extinguish Plaintiffs exercise of statutory/Constitutional rights. 24, Morgan and Sweetapple devised their plan to defame, harass, intimidate, and antagonize Plaintiff during a private meeting on April 3, 2014 and continued their scheming during fUrtber meeting on at least the following dates: 4/17/14, 5/4/14, 6/5/14 and 6/10/14. 25, During this meeting. and in subsequent conversations between the two, Morgan and Sweetapple decided on a course of action of (1) falsely and maliciously publishing to others that Plaintiff is violating the federal and Florida RICO (Racketeer Influenced and Corrupt Organization) Acts by his filing and pursuit of public records cases; (2) falsely and maliciously publishing to others that Plaintiff's pursuit of public records cases against the Town is a `scheme' devised by Plaintiff to *line his pockets' with profit; and (3) putting pressure on 4 ossotrza Law, 1515 N. UNIVERSITY PR,,SUITE 209 • CORAL SPRINGS, FL 33071 TELEPHONE (954) 603-1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 6 of 16 Plaintiff's son In an effort to gain an undue advantage over Plaintiff in Plaintiff's lawsuits against the Town. 26. Although the plan was hatched by Morgan and Sweetapple, it is Sweetapple who is carrying forth the clandestine plan which does not relate to Plaintiff's litigatiot against the Town but rather to Plaintiff and his family's personal lives. 27. On several occasions over the last four months, Sweetapple has spoken to friends, colleagues, business associates, and attorneys for Plaintiff and conveyed the same message to each — Plaintiff is a criminal, he has violated the federal and Florida RICO Acts, and that he is engaging in a for-profit scheme by having the audacity to file public records requests and the willpower to enforce them through lawsuits, 28. Sweetapple has for months boasted to each of these individuals that Plaintiff was 'finished' and that Sweetapple would soon file suit agiinst Plaintiff for the various alleged RICO violations, Sweetapple further suggested in these conversations that Plaintiff's friends/attorneys should sever their ties with. Plaintiff so as not to be caught in the impending litigation (implicitly threatening them in the process). 29. With respect to one such individual, Sweetapple's threats were more explicit and bordering on extortion (if not in fact extortion) — Sweetapple demanded that this individual drop his lawsuits against the Town or else he would also be named as a defendant in the supposedly forthcoming RICO lawsuit against Plaintiff. 30. These communications and allegations (which were completely false), together with Morgan's June 2, 2014 letter, were calculated to damage Plaintiff's reputation in the Town and among his friends/advisors. They were further designed to have a chilling effect on Plaintiff's protected activities. 5 DESOUZA LAW, FA, 151514, UNIVERSITY OR., SUITE 209 • CORAL SPRINGS, FL 3307! TELEPHOIZ (954) 603-1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 7 of 16 31. As stated above, Morgan and Sweetapple's plan did net stop with the spreading false and malicious lies about Plaintiff's purported involvement in criminal activities and violation of the RICO Acts, but also included plans to exert pressure on Plaintiff's son wholly unrelated to the merits of any of Plaintiff's lawsuits against the Town. 32. On or about April 24, 2014, Sweetapple himself publicly proclaimed that, as a result of Plaintiff's multiple lawsuits against the Town, Sweetapple was going to investigate and go after Plaintiff's son. 33. Sweetapple has made these statements directly to various members of the Town's population as well as friends, advisors, and business associates of Plaintiff The statements were not made to voice some legitimate concern but rather to force Plaintiff into dropping his lawsuits against the Town and refrain from exercising his Constitutional and statutory rights. 34. By attacking Plaintiff's reputation in the community and threatening Plaintiffs son, Morgan and Sweetapple 'stepped up their defbnse' of Plaintiff's lawsuits by doing everything in their power — under color of law — to avoid actually litigating the merits of the lawsuits. Rather, they set off on a course of intimidation, harassment, and retaliation with a singular purpose of silencing Plaintiff at any cost. 35. All conditions precedent to this action have been performed or have been waived COUNT SLANDER PER SE ( Sweetapple) 36. Plaintiffre-alleges and incorporates paragraphs I through 35 as set forth above. 37. As described herein, Sweetapple has, on numerous occasions over the past four months, stated to Plaintiff's friends, colleagues, business associates, and attorneys (among other individuals and agency representatives) that Plaintiff is a 'criminal' and is violating the federal and Florida RICO Acts through his filing of public records requests and pursuit of lawsuits to 6 DESOUZA LAW, P.A. ISIS N. UNIWRS1TY DR, SUITE 209 • CORAL MINDS. FL, 33071 TELEPHONE (934) 603.1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 8 of 16 enforce alleged violations of the Public Records Law. further, Sweetapple has further stated to numerous individuals that Plaintiff's pursuit of public records lawsuits is a 'money-making scheme' designed by Plaintiff to line his packets with profit, 39. These statements falsely and maliciously charge Plaintiff with the commission of a crime, and were likewise made with reckless disregard for their truth. 40. The above-described false and malicious statements were made with the purpose of causing harm to Plaintiffs reputation, both in the Town and among his friends, colleagues, business associates, and attorneys. 41. As a result of Sweetapple's false and malicious statements, Plaintiff has sustained stibstantial damages resulting from the loss of reputation, the full amount of which will be established at trial. COUNT U — SLANDER ( Sweetantate) 42, Plaintiff re-alleges and incorporates paragraphs 1 through 35 as set forth above, 43. As described herein, Sweetapple has, on numerous occasions over the past four months, stated to Plaintiff's friends, colleagues, business associates, and attorneys (among other individuals and agency representatives) that: Plaint ' is a 'criminal' and is violating the federal and. Florida RICO Acts through his filing of public records requests and pursuit of lawsuits to enforce alleged violations of the Public Records Law. 44. Further, Sweetapple has further stated to numerous individuals that Plaintiff's pursuit of public records lawsuits is a 'money-Making scheme' designed by Plaintiff to line his pockets with profit. 45. These statements falsely and maliciously charge Plaintiff with the commission of 7 DESOUZA LAW, P.A. /515 N. UNIVERSITY DR., SUITE 209 • CORALSFRINGS. FL 33071 TELEPHONE (954) 603.1340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 9 of 16 a crime, and were likewise made with reckless disregard for their truth. 46. The above-described false and malicious statements were made with the purpose of causing harm to Plaintiff's reputatio>•t, both in the Town and among his friends, colleagues, business associates, and attorneys. 47. As a result of Sweetapple's false and malicious statements, Plaintiff has sustained substantial damages (including, but not limited to, the loss of personal and business relationships) resulting from the intended loss of reputation, the full amount of which will be established at trial. COUNT IIi — RETALIATION S42 U,S.C. 19831 OvIoreen and Sweetanple) 48. Plaintiff re-alleges and incorporates paragraphs I through 35 as set forth above, 49. Plaintiff's filing of public records requests and lawsuits against the Town to enforce the Public Records Law constitute Constitutionally-protected acts. 50. Plaintiff further engages in Constitutionally-protected acts/speech with respect to the Town by virtue of his February/March 2014 campaign for political office and the numerous signs/banners Plaintiff has erected around and/or flown above the Town which are critical of the Town's elected officials., 51. As state actors, Morgan and Sweetapple's retaliatory conduct of threatening to attack Plaintiff's son and spreading malicious lies about Plaintiff is designed to interfere with and ultimately quash Plaintiffs clearly established Constitutional rights (including, but not limited to, Plaintiff's First Amendment right of free speech). 52. Morgan and Sweetapple's threats, harassment, and intimidation would cause a reasonable person to cease from exercising his Constitutional rights to petition the courts for relief and exercising his First Amendment rights, and indeed they are succeeding in doing just S DESOUZA LAW, P.A. ISIS N. UNIVERSITY OR., SUITE 209 • CORAL SPRINGS. FL 33071 TELEPHONE (954) 6034540 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 10 of 16 that with re,spect to Plaintiff 53. As a result of this retaliatory conduct, Plaintiff has sustained substantial damages, the full amount of which will be established at trial. COUNT IV CIVIL CONSPIRACY alorktm and Sweetapple) 54. Plaintiff re-alleges and incorporates paragraphs I through 35 as set forth above. 55. Morgan and Sweetapple conspired together to exert undue pressure on Plaintiff to cause hint to dismiss his lawsnita against the. Town and refrain from activities/speech that the Town apparently disagrees with. 56. By virtue of their unique relationship — a town mayor and an experienced private practitioner well-known in Palm Beach, Morgan and Sweetapple possess a peculiar power of coercion that neither would have operating on his own. 57. As a result of the civil conspiracy between Morgan and Sweetatpple, Plaintiff has suffered substantial damages, the toll amount of which will be proved at trial. COUNT V CONSPIRACY TO CQMI NOT SLANDER (Montan and Sweetapnle) 58. Plaintiff re-alleges and incorporates paragraphs 1 through 35 as set forth above. 59. As described herein, Morgan and Sweetapple met privately on 4/3/14 and at various times thereafter to discuss their joint plan to slander Plaintiff by spreading false and malicious lies about Plaintiff to his friends, colleagues,, business associates, and attorneys (and various others unknown to Plaintiff at this time). 60. Morgan and Sweetapple conspired to spread information that Plaintiff is a `criminal,' is violating the federal and Florida RICO Acts, and is engaging in a for-profit scheme by virtue of his public records requests/lawsuits. 9 ,oesonaa Law, P.A. :51514, LINIVERSErY sum to9, CORAL SPRINGS. FL 33071 TE,LEPHOle (954) 60-1.340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 11 of 16 6L In so conspiring, Morgan and Sweetapple demonstrated a reckless disregard for the truth of the above-described statements, and oared only that the statements assist them in their ulterior motive of silencing Plaintiff once and for all. 62. As a result of the civil conspiracy between Morgan and Sweetapple, Plaintiff has suffered substantial damages, the full amount of which will be proved at trial. COUNT VI — CONSPIRACY TO COMMIT Ft. FTALIATION ( Morgan and Sweetapolel 63. Plaintiff '1 ,-alleges and incorporates- paragraphs I through 35 as set forth- above. 64. As described herein., Morgan and Sweetapple met privately on 4/3/14 and at various times thereafter to discuss their joint plan to slander Plaintiff by spreading false and malicious lies about Plaintiff to his friends, colleagues, business associates, and attorneys (and various others unknown to Plaintiff at this time), 65, During these same meetings, Morgan and Sweetapple devised a plan to threaten to attack Plaintiff's son in an effort to dissuade Plaintiff from continuirig his lawsuits against the Town. 66. Morgan and Sweetapple's conspiracy is designed to force Plaintiff into dismissing his lawsuits against the Town, cease from exercising his Constitutionally-protected right to make public records requests, and cease from engaging in Constitutionally-protected speech. 67. As a result of the civil conspiracy between Morgan and Sweetapple, Plaintiff has suffered substantial damages, the full amount of which will be proved at trial. Demand For Jury Trial Plaintiff demands a trial by jury on all issued so triable. WREREFORE, Plaintiff demands judgment against.Morgan and Sweetapple for: (i) Direct, incidental, and consequential damages, interest, and costs, in an 10 nasolgA LAW, PA. IS IS It UNIVERSITY DIL. SUM2O 'CORAi.SPRfNGS.Ft 33071 TSLEPEON'E(934) 503-134a Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 12 of 16 amount to be determined atnia4 (ii) Attorneys' fees and costs incurred to pursuit of this action; (iii) Punitive damages wherever applicable; and (iv) Issuance of such other relief as the Court deems just and proper. Dated: September 9, 2014. DESOUZA LAW, P.A. 1515 N. University Drive Suite 209 Coral Springs, FL 33071 Telephone: (954) 551-5320 DDesouzgadesomalaw.eoni By; Is/ Daniel DeSouza, Esq. Daniel DeSouza, Esq. Florida Bar No.: 19291 I l DESOUZA LAW, ?AIRS N. UNIVERSITY PR., SUITE 200 • CORAL SPRINGS. FL 33°71 TELEPRONE (0$4) 6034340 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 13 of 16 VERIFICATION The undersigned hereby verifies that the factual allegations contained herein are true, correct and accurate. IVIARTIt4E:OTtMJE STATE OF FLORIDA COUNTY OF BROWARD MARTIN E. O'BOYLE personally appeared before me this day of September, 2014, and having taken an oath, stated that he has read the foregoing and that the contents thereof are true and correct. He is rs . , . . .E_LJtall known to me or has produced as identification. 4$43-1853-860x, V. Aq i i te NOT Ple3,BLIC, STATE OF F) My Commis ion Expires: WYSET11 MALY Maury Public 31Jdo of 2104 s kti Comm Wiles Apr 7, 2011 a Conine:nip # f F 104183 4 Pr illtt ir45 4 11e 1 4 $ 41 . 12 DESOUZA LAW.P,A. 1315 N. UNIVERSITY OR.. SUITE 209 • CORAL SPRINGS. FL. 33071 TELEPHONE' (934):603.!344 Case 9!14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 14 of 16 Filing # 18999581 Electronically Filed 10/03/2014 03:58:01 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 CA 011052 (AO) MARTIN E. O'BOYLE, Plaintiff, ROBERT A. SWEETAPPLE and MAYOR SCOIT MORGAN, pendants. DEfENDANT, MAYOR SCOTT MORGAN' S, UNOPPOSED MOTION FOR EXTZNSION OF TIME Defendant, MAYOR SCOTT MORGAN, by and through his undersigned, attorneys and pursuant to the Florida Rules of Civil Procedure, requests entry of an order extending the time for him to respond to the Verified Complaint until Wednesday October 22, 2014, and in support would state: 1. On September 15, 2014, the Plaintiff, MARTIN O'BOYLE, served his Verified Complaint on Mayor Morgan. Among other claims. 'the Verifted Complaint assert a claim against Mayer Morgan antler 42 U.S.C; § 1983 for alleged vielations of the First Amendment. See COmPl. at 'it 48-53. 2. Under the applicable rules of civil procedure, Mayor Morgan's response to the Verified Complaint is due on Monday, October 6, 2014. 3. Since the Plaintiff has asserted a claim presenting a federal question under § 1983, Mayor Morgan intends to remove the case to federal court. The deadline for removal is October 15, 2014. Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 15 of 16 • O'Boyle v. Morgan & Sweetapple Case No. 2014 CA 011052 (AO) 4. Mayor Morgan therefore requests entry of an order extending the time for him to respond until October 22, 2014. 5. Pursuant to Florida Rule of Civil Procedure 1.090(b), the Court may extend the time for a party to respond "for cause" at any time in its discretion. 6. Despite their diligent effort and as a result of the press of other deadlines, Mayor Morgan and his attorneys require additional time to respond to the Verified Complaint. Moreover, the additional time will allow Mayor Morgan to remove the case to federal court. 7. Mayor Morgan certifies that this Motion is not being made for any improper purpose or to delay and will not impact any of the deadlines of the Court. 8. The Plaintiff will not be prejudiced by the requested extension oftime as the case was only recently filed and has not been set for trial. 9. The undersigned (Jeffrey L. Hochman, Esquire) conferred with the attorney for the Plaintiff (Daniel DeSouza, Esquire) regarding the relief sought in this motion, and can represent that the Plaintiff does not object to the requested extension of time. WHEREFORE, Defendant, MAYOR SCOTT MORGAN, requests an extension of time to respond to the Verified Complaint up to and including October 22, 2014, together with such additional relief the Court deems just and proper. 2 Case 9:14-cv-81250-KAM Document 1-2 Entered on FLSD Docket 10/08/2014 Page 16 of 16 O'Boyle v. Morgan & Sweetappie Case No. 2014 CA 011052 (AO) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was SERVED and FILED through Florida Courts E-filing Portal to: Daniel DeSouza, Esq. (Ddesouza@desouzalaw.com) , 1515 N. University Drive, Suite 209, Coral Springs, FL 33071 on this s2 ' ` 4 day of 0 , 4 , 1 . . -2/ , 2014. JOHNSON, ANSELMO, MURDOCH, BURKE PIPER & HOCHMAN, P.A. Attorneys for Defendant Mayor Morgan 2455 E. Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Tel: (954) 463-0100 Fax: (954) 463-2444 JEFFREY L. HOCHMA Florida Bar Number: 902098 HUDSON C. GILL Florida Bar Number: 15274 3 EXHIBIT "C" State of Florida GENERAL RECORDS SCHEDULE GSI-SL FOR STATE AND LOCAL GOVERNMENT AGENCIES EFFECTIVE: August 2017 Rule 1B-24.003(1)(a), Florida Administrative Code Florida Department of State Division of Library and Information Services Tallahassee, Florida 850.245.6750 recmc itAdos.myflorida.corn info.florida.00v/records-management/ General Records Schedule GS1-SL for State and Local Government Agencies controlled substances test chain of custody control form; documents sent by the Medical Review Officer (MRO) to the employer; notice to report for testing; affidavit signed by the employee stating any prescription drugs or over-the-counter medication currently being taken; and final clearance to resume working, This record series can also consist of documentation relating to an employee's refusal to take or submit samples for an alcohol and/or controlled substances test(s). Refer to Sections 112.0455(7)-(8), Florida Statutes, Florida Drug-Free Workplace Act, Types of Testing and Procedures and Employee Protection, Section 443.1715(3)(b), Florida Statutes, Disclosure of Drug Test Information, and 49CFR382.401, Handling of Test Results, Records Retention, and Confidentiality: Retention of records. RETENTION: 5 anniversary years after final action. DRUG TEST EQUIPMENT RECORDS Item #261 This record series consists of records documenting compliance with calibration and other requirements for the use of evidential breath testing (EBT) devices. The series may include, but is not limited to, equipment testing, maintenance and repair records; equipment checklists; external calibration checks; and equipment readings. Refer to 49CFR40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, and 49CFR382.401, Handling of Test Results, Records Retention, and Confidentiality: Retention of records. See also 'DRUG TEST PROGRAM ADMINISTRATION RECORDS." RETENTION: 5 anniversary years. DRUG TEST PROGRAM ADMINISTRATION RECORDS Item #262 This record series documents the administration of an alcohol and controlled substance testing program under Florida's Drug-Free Workplace Act, or as required for Commercial Driver's License (CDL) or other drivers under U.S. Department of Transportation regulations. This series may include, but is not limited to, annual program summaries, logs, information on random selection processes, statistical information, test results, copies of materials on alcohol misuse and controlled substance use awareness, copies of employer's policy, and copies of testing policies and procedures. Refer to 49CFR382.401, Handling of Test Results, Records Retention, and Confidentiality: Retention of records and 49CFR382.403, Reporting of results in a management information system. See also "DRUG TEST EQUIPMENT RECORDS." RETENTION: 5 anniversary years. ELECTRONIC COMMUNICATIONS There is no single retention period that applies to all electronic messages or communications, whether they are sent by email, instant messaging, text messaging (such as SMS, Blackberry PIN, etc.), multimedia messaging (such as MMS), chat messaging, social networking (such as Facebook, Twitter, etc.), voice mail/voice messaging (whether in audio, voiceover-internet protocol, or other format), or any other current or future electronic messaging technology or device. Retention periods are determined by the content, nature, and purpose of records, and are set based on their legal, fiscal, administrative, and historical values, regardless of the format in which they reside or the method by which they are transmitted, Electronic communications, as with records in other formats, can have a variety of purposes and relate to a variety of program functions and activities. The retention of any particular electronic message will generally be the same as the retention for records in any other format that document the same program function or activity. For instance, electronic communications might fall under a CORRESPONDENCE series, a BUDGET RECORDS series, or one of numerous other series, depending on the content, nature, and purpose of each message. Electronic communications that are created primarily to communicate information of short-term value, such as messages reminding employees about scheduled meetings or appointments, or most voice mail messages, might fall under the "TRANSITORY MESSAGES" series. ELECTRONIC FUNDS TRANSFER RECORDS Item #264 This record series consists of the documentation necessary to establish and maintain the electronic transfer of funds. The series may include, but is not limited to: an agreement between the two parties; a form that lists both institutions' names, their routing numbers, the name(s) and authorizing signature(s) of the account holder(s); direct deposit authorizations; canceled deposit slips or checks; and documentation of the termination of service or transfer of service to a new institution. This series does not include records of specific individual deposits or payments. Retention is pursuant to Statute of Limitations for fraud, Section 95.11(3)(j), Florida Statutes, Limitations other than for the recovery of real property. RETENTION: 5 fiscal years after termination of service agreement/authorization. ELECTRONIC RECORDS SOFTWARE AND DOCUMENTATION Item #231 This record series consists of proprietary and non-proprietary software as well as related documentation that arovides information about the content, structure, and technical specifications of computer systems necessary for retrieving information retained in machine-readable format. These records may be necessary for an audit process. RETENTION: Retain as long as software-dependent records are retained. EMERGENCY MANAGEMENT PLAN REVIEW RECORDS Item #419 This record series documents review by the county emergency management agency of emergency management plans submitted to the agency for annual review by facilities such as hospitals, nursing homes, assisted living facilities, General Records Schedule GS1-SL for State and Local Government Agencies Statutes, Tourist development tax; procedure for levying; authorized uses; referendum; enforcement. Retention pursuant to Section 95.091, Florida Statutes, Statute of Limitations on actions to collect taxes. RETENTION: 5 fiscal years after account no longer active. TRAFFIC ACCIDENT REPORTS Item #306 This record series consists of copies of traffic accident reports received from law enforcement agencies and used in agency studies to determine if a traffic light, stop sign, caution light, or other traffic control device should be placed at an intersection, street, or other roadway. The series may also include an index to the reports to assist the agency in providing information to citizens or other agencies regarding the number of accidents at a particular intersection, street, etc., over a specified period of time. The index may include, but is not limited to, the road/street name, the number of accidents for a particular street, and other related information. RETENTION: 4 calendar years. TRAINING MATERIAL RECORDS Item #147 This record series consists of materials used in training, such as films, slide presentations, manuals, workbooks, and other related items. Check with applicable training agencies (i.e., state and federal agencies, etc.) for retention requirements. This record series does not include records documenting training of individuals. These records may have archival value. RETENTION: Retain until obsolete, superseded, or administrative value is lost. State agencies must contact the State Archives of Florida for archival review before disposition of records. Other agencies should ensure appropriate preservation of records determined to have long-term historical value. TRANSITORY MESSAGES Item #146 This record series consists of records that are created primarily to communicate information of short-term value. "Transitory" refers to short-term value based upon the content and purpose of the message, not the format or technology used to transmit it. Examples of transitory messages include, but are not limited to, reminders to employees about scheduled meetings or appointments; most telephone messages (whether in paper, voice mail, or other electronic form); announcements of office events such as holiday parties or group lunches: recipient copies of announcements of agency sponsored events such as exhibits, lectures or workshops; and news releases received by the agency strictly for informational purposes and unrelated to agency programs or activities. Transitory messages are not intended to formalize or perpetuate knowledge and do not set policy, establish guidelines or procedures, certify a transaction, or become a receipt. RETENTION: Retain until obsolete, superseded, or administrative value is lost. TRAVEL RECORDS Item #52 This record series consists of copies of travel vouchers and related records detailing expenses incurred during travel and the authorized per diem rate indicated or the amount of reimbursement based on the actual cost of lodging and meal allowances and other expenses. Copies of travel authorizations, itineraries and other supporting documents may also be included. See also "DISBURSEMENT RECORDS: DETAIL." RETENTION: 5 fiscal years. TRUTH-IN-MILLAGE (TRIM) COMPLIANCE FILES Item #375 This series documents each local taxing authority's compliance with Florida's Truth-in-Millage statutory requirements relating to proposed tax assessments and millage rates. The series may include, but is not limited to, copies of the following: forms submitted to the Department of Revenue such as DR-420 Certification of Taxable Value, DR-420S Certification of School Taxable Value, DR-422 Certification of Final Taxable Value, and DR-487 Certification of Compliance, or their equivalent forms; copies of public hearing agendas and/or minutes; copies of ordinances or resolutions adopting the final millage rate and the final budget; and newspaper page(s) containing, and proof of publication from the newspapers for, any related legal advertisements such as the Budget Summary Advertisement, Notice of Proposed Tax Increase, Notice of Budget Hearing, Notice of Tax for School Capital Outlay (for schools), Amended Notice of Tax for School Capital Outlay, and (for counties) Notice — Tax Impact of Value Adjustment Board (Form DR-529). Records are created and submitted pursuant to Chapter 200, Florida Statutes, Determination of Millage. RETENTION: 5 fiscal years. UNCLAIMED PROPERTY RECORDS item #309 This record series consists of agency copies of the Rr.port of Unclaimed Property submitted to the Department of Financial Services as required by Section 717.117, Florida Statutes, for the registration of unclaimed or abandoned tangible or intangible property. Section 717.1311(1), Florida Statutes, Disposition of Unclaimed Property — Retention of Records, requires agencies holding unclaimed or abandoned property to maintain records of the specific type of property, amount, name, and last known address of the owner for five years after the property becomes reportable. RETENTION: 5 anniversary years after the property becomes reportable. 4I .pdf FinalC~1.pdf Final Correspondence to Judge Kerner Re Immediate Hearing 6.21.19.pdf application/pdf 074707A759B4334CB3D5CDBF2AA84EA1@gulf-stream.org EnUs Plaintiff's Proposed Order. 2019.CA.006817 for 6.21.19 Hearing.docx IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA </w:t>CASE NO. 2019-CA-006817 MARTIN O’BOYLE, Plaintiff, v. TOWN OF GULF STREAM, Defendant. </w:t></w:r><w:r><w:rPr><w:sz w:val="24"/><w:szCs w:val/ ORDER THIS CAUSE having come before the Court on June 21, 2019, on the immediate hearing requested by the Plaintiff, MARTIN E. O’BOYLE (“Plaintiff” or “O’Boyle”), pursuant to Chapter 119, and the Court having conducted oral argument, and being otherwise duly advised, it is ORDERED AND ADJUDGED as follows: The Defendant, TOWN OF GULF STREAM (“Town”), will provide all public records which concern the September 22, 2015, incident at Town hall; or Martin O’Boyle’s subsequent criminal trial (State of Florida v. Martin E. O’Boyle, Case No: 2015MM012872AXX). The Town will not limit its search to keyword searches but will perform a search in accordance with §119.07(1)(c), Fla. Stat. The Town will produce all responsive records by July 10, 2019 (subject to any exemptions under Chapter 119) pursuant to section 119.07; Costs of the Town’s search shall paid by the Plaintiff and shall be governed by section 119.07, Fla. Stat.; and A blanket protective order is entered prohibiting all discovery including depositions from occurring until the Court conducts its next hearing in the case. DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida on this day of June 2019. Copies furnished: Jonathan O’Boyle mailto:joboyle@oboylelawfirm.com joboyle@oboylelawfirm.com mailto:oboylecourtdocs@oboylelawfirm.comoboylecourtdocs@oboylelawfirm.com Jeffrey L. Hochman, Esq. mailto:hochman@jambg.comhochman@jambg.com Hudson C. Gill, Esq. mailto:hgill@jambg.comhgill@jambg.com JEFFREY SCOTT KERNER CIRCUIT COURT JUDGE -2- .docx Plaint~1.doc Plaintiff's Proposed Order. 2019.CA.006817 for 6.21.19 Hearing.docx application/vnd.openxmlformats-officedocument.wordprocessingml.document B46EF425FF10CD4B882FE03774B65568@gulf-stream.org EnUsPlease See Attached from Plaintiff re the 6.21.19 Hearing.        Jonathan O’Boyle, Esq., LLM |Licensed in PA, NJ, and FL.   The O’Boyle Law Firm – Professional Corporation HYPERLINK "http://www.oboylelawfirm.com/"www.oboylelawfirm.com   Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 754-212-4201 Fax: 215-893-3641 HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com   New Jersey Office 525 Route 73 North, Suite 104 Marlton, NJ 08053 Tel: 856-619-8558 Fax: 856-619-8559 HYPERLINK "mailto:joboyle@oboylelawfirm.com"joboyle@oboylelawfirm.com   Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 754-212-4201 Direct: 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: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org> Sent: Monday, June 24, 2019 9:09 AM To: Jeffrey Lawrence Hochman <hochman@jambg.com>; Jonathan O'Boyle <joboyle@oboylelawfirm.com>; brussell@commerce-group.com; courtdocs@sao17.state.fl.us; finley@jambg.com; fox@jambg.com; hgill@jambg.com; jonathanroboyle@gmail.com; jsilvershein@sao17.state.fl.us; mmelicia@commerce-group.com; moboyle@commerce-group.com; O'BoyleCourtDocs <oboylecourtdocs@oboylelawfirm.com>; tnazzaro@gulf-stream.org; wjordan@sao17.state.fl.us Cc: CAD-Division AJ <CAD-DivisionAJ@pbcgov.org> Subject: SERVICE OF COURT DOCUMENT CASE No.: 502019CA006817XXXXMB Importance: High   This email is from the Fifteenth Judicial Circuit Case Number: 50-2019-CA-006817-XXXX-MB OBOYLE, MARTIN E V TOWN OF GULF STREAM Division AJ, 561 355-7570 Additional comments: I'm sorry - both parties may send the proposed orders (competing) by EMAIL. Just respond to this email and attach the Order in WORD format, please. Thank you! In accordance with the 15th Judicial Circuit's Administrative Order 2.310-4/13, please ensure that primary and secondary email addresses are registered with Court Administration at https://e-services .co.palm-beach.fl.us/scheduling/. For a better translation of this document, contact HYPERLINK "mailto:CAD-ADA@pbcgov.org"CAD-ADA@pbcgov.org.