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