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HomeMy Public PortalAboutPRR 14-0584Your original request, dated January 23, 2014, is reproduced in the space below: From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com] Sent: Thursday, January 23, 2014 6:17 PM To: Bill Thrasher Subject: Public Record Request manager discretion This is a Public Record Request. For your reference please see Town Code Section 2 -42(5) and 2- 42(11) which reads as follows: Sec. 2 -42. Powers, duties. The town manager shall: (5) Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him or by officers subject to his supervision. (11) Perform such other duties as are specified in the charter or ordinances of the town or as may be required by the town commission. PUBLIC RECORDS REQUEST Pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: Any record in any form that relates in any way to the Town Manager's discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town." Any record in any form that the Town Manager considered when he determined he has discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town. " Any record in any form that the Town Manager relied upon when he determined he has discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town." If you contend that any of the records 1 ant seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 5119.07(1)(c) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 4119.07(1)(0 of the Florida Statutes. Please take note of W 19.07(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "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" I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the orieinal electronic format in which they were created or received. See U 19.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and /or records, as well as to distinguish the cost of labor and materials. All responses to this public records request should be made in writing to the following email address: chrisohareeu Ifstream(dgmaii.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 25, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #584 (Public Record Request manager discretion) (a) Any record in any form that relates in any way to the Town Manager's discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town. " (b) Any record in any form that the Town Manager considered when he determined he has discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town." (c) Any record in any form that the Town Manager relied upon when he determined he has discretion in regard to whether or not to "Administer all laws, provisions of the charter and acts of the town commission subject to enforcement by him" or "Perform such other duties as are specified in the charter or ordinances of the town." Dear Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml, The Town of Gulf Stream received your public records requests on January 23, 2014. You should be able to view your original requests at the following link httn://www2.gulf- stream.ore/weblink/0 /doc /18037 /Pagel.asoxx. In future correspondence, please refer to this public records request by the above referenced numbers. Your request for part A of your public record request is extremely broad and would encompass almost every record in the Town's possession. This would take thousands of hours of staff and attorney time for production and possible redactions. Could you please provide a narrower request of the records you wish to obtain? Furthermore, as written, this request appears to seek legal advice and a legal conclusion. The Town of Gulf Stream is not required to give out information from these records nor give legal advice about these records. As far as parts B and C of your request, the Town Manager did not make these determinations, therefore the response to your request is there are no such records. The Town of Gulf Stream is currently working on a large number of incoming public records requests. 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. Sincerely, Town Clerk, Custodian of the Records