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HomeMy Public PortalAboutPRR 20-2812-3TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 13, 2020 Martin E. O’Boyle [e-mail to: records@commerce-group.com] Re: GS #2812-3 (Request for Public Records Related to Martin O'Boyle Criminal Case) Request for Public Records Related to Martin O’Boyle Criminal Case 3. All public records of the Town of Gulf Stream which pertain to Martin O’Boyle’s being obstructionist, defiant, or disruptive. Dear Martin E. O’Boyle [e-mail to: meo@commerce-group.com]: Thank you for your public records request made on August 31, 2020. On September 17, 2020, the Town responded as follows: This subpart of your request has not identified the records sought with sufficient specificity to permit the Town to identify the records sought. If you are seeking specific records that you can more clearly identify, please identify the records with sufficient specificity to permit the Town to identify those records you are seeking. The Town understands you may believe these records are relevant to your criminal case. To fulfill this part of your request, the Town of Gulf Stream proposes a search of our records, from January 1, 2014 to the date of your request, using the following search terms: O’Boyle and obstruct; O’Boyle and defiant; O’Boyle and disrupt. If this is not acceptable, please provide different or additional search terms, or dates. On October 16, 2020, you responded through your Attorney as follows: In the Criminal Matter, Mayor Morgan and former Town Manager William Thrasher have offered to testify that Martin O’Boyle’s reputation in the community is obstructionist, defiant, or disruptive. O’Boyle would like the records which formulate the basis for that opinion and any other records of the Town which support Mayor Morgan and former Town Manager Thrashers’ opinion. O’Boyle would also like communications reflecting O’Boyle’s reputation in the community as being defiant, obstructionist, or disruptive as well as public records reflecting or describing specific instances of defiance, obstructionism, and disruptiveness. In addition, the Town has sent letters and emails to the community at large, media outlets, lobbyists, or other governmental entities which describe Martin O’Boyle’s conduct or motives which may pertains to O’Boyle being defiant, obstructionist, or disruptive Those communications would be responsive. While the search terms proposed by the Town are helpful, mechanical search terms will not obviate the need to confer with individuals in the Town (as defined in the original request) which is required under §119.07(1)(C), Fla. Stat. as they may have knowledge of responsive records. In addition, the records responsive are context and content sensitive so mechanical search terms are of limited value. The original request can be found at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=173216&repo=r-430100cc Subpart three of your request can be found at the following link: https://portal.laserfiche.com/Portal/DocView.aspx?id=173631&repo=r-430100cc You further stated that you would limit the date range of the request to January 1, 2013, not January 1, 2014. Based on your clarification, the Town will search its records for O’Boyle or Oboyle or MEO or Marty or Martin and obstruct* or defiant or disrupt*; from 01/01/2013 to 08/31/2020 and review those records to determine whether they are responsive. The Town now estimates that to fully respond to subpart three of your request will require 4.7 hours of administrative support at $220 per hour, and 4 hours 27 minutes of administrative support at $48.38 per hour, the labor cost of the personnel providing the service, per Florida Statute §119.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (4 hours and 27 minutes @ 48.38 = 215.39 + 4.7 hours @ 220.00 = 1,034.00) = Deposit Due: $1,249.39 in cash or check. This estimate does not include reviewing previous responses to public records requests and providing you with those records. The estimate also does not include correspondence to the community at large, as you would have received that as a resident of the Town. If you would like us to include records already publicly available, please let us know and we will update our estimate. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this request closed. Sincerely, Reneé Basel As Requested by Rita Taylor Town Clerk, Custodian of the Records