HomeMy Public PortalAboutPRR 20-2812-12TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
December 15, 2020
Martin E. O’Boyle [e-mail to: records@commerce-group.com]
Re: GS #2812-12 (Request for Public Records Related to Martin O'Boyle Criminal Case)
Request for Public Records Related to Martin O’Boyle Criminal Case
12. All electronic transmissions caused or instructed to be sent at Scott Morgan’s
behest or behalf which pertain: (1) to Martin O’Boyle since January 1, 2014;
(2) to a September 22, 2015 Incident at Town Hall regarding Martin O’Boyle;
and/or (3) to State v O’Boyle, 2015MM012872A now pending in the 15th
Judicial Circuit.
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 further 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.
Specifically, there is no way to determine upon the review of a record if that
record was “caused or instructed to be sent at” the direction of a specific person.
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.
Based on our understanding, although there is no way to determine upon the
review of a record whether a record was “caused or instructed to be sent at”
Mayor Scott Morgan’s behest or behalf, records responsive to subpart 12 of this
request will also be responsive to subpart 10 and included in that estimate.
On October 16, 2020, you responded through your Attorney as follows:
The Town has contended that there is no way to determine if a record was
“caused or instructed to be sent at the direction of a specific person.” The Town’s
response misunderstands its obligations under the Florida Constitution and
Chapter 119 as §119.07(1)(C), Fla. Stat. specifically requires the Town to make
inquiry. Here, the Town would start by asking Mayor Morgan whether he directed
transmissions to be sent on his behalf and then make reasonable efforts to locate
them. In addition, the Town must also make inquiry to other individuals which fall
under the definition of the “Town” to ascertain if they have information about
said transmissions and the location of those records. Mr. O’Boyle contends that
Chapter 119 and the Florida Constitution do not bound him to seek records which
will only be responsive to mechanical search terms. Since the Town has
continuously protested that it is a very small Town with very few people, this task
should not be momentous.
The original request can be found at the following link:
https://portal.laserfiche.com/Portal/DocView.aspx?id=173216&repo=r-430100cc
Subpart 12 of your request can be found at the following link:
https://portal.laserfiche.com/Portal/DocView.aspx?id=173671&repo=r-430100cc
Pursuant to your request, the Town has conferred with individuals of the Town to determine
whether the Mayor has asked them to send any electronic transmissions, which the Town
interprets to mean e-mails or text messages. No employees could remember that instruction
being given, however there are instances where the Town discusses the content of Code Red
messages (which has an e-mail and text message component) with the Mayor. Much like his role
as discussing litigation with attorneys, the Town does not believe discussing these messages
would be responsive to your request as they are not “directed to be sent” by the Mayor. As a
courtesy, you were previously provided with copies of the Code Red texts in response to GS
#2812-7.
Other Town-wide correspondence includes letters from the Town, signed by the Mayor, sent out
on a roughly annual basis by the Town at the request of the Mayor. Some letters may mention
Mr. O’Boyle by name, but are sent via USPS, not electronically. As a resident of Gulf Stream,
you have previously been provided with all of those annual letters.
While following your Attorney’s instruction, the Town still asks that if you are seeking specific
records that you can more clearly identify, please identify those records with sufficient
specificity to permit the Town to identify those records you are seeking. Unfortunately, there is
no way to determine all records, upon the review of a record, whether the record was ‘caused or
instructed to be sent by’ a specific person. The Town has responded to your request for
information as best we could.
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