HomeMy Public PortalAboutPRR 14-1364RECORDS REQUEST (the "Request ")
Date of Request: 9/5/2014
Requestor's Request ID#: 804
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Asset Enhancement, LLC
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce - group.com
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Provide a copy of all communications between Jeff Gray and/or Joel Chandler
and the Town of Gulf Stream and /or Robert Sweetapple for the period beginning
January 1, 2014 through the date of this Request.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT,
CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE
COMMON LAW RIGHT TO KNOW, THE COMMON LAW RIGHT OF ACCESS; AND
ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY
STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE
PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA
CONSTITUTION.
IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC
FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS
IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN
ACCORDANCE WITH Section 119.0701 (a) (2)
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC
RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in
Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs imposed to the Requestor by
the Agency.
I:P/NPR/FRR
04.22.13 FORM
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
September 24, 2014
Asset Enhancement, Inc. [mail to: records @commerce - group.com]
Re: GS #1363 (796), #1364 (804)
Please provide all Public Records which Attorney Sweetapple referred to or utilized when making
the statement that Martin E. O'Boyle has engaged in the use of threats in connection with the last
line of numbered paragraph 26 (see attached) of the Defendant's Motion for Sanctions against
Plaintiff, Martin E. O'Boyle, counsel of record, the O'Boyle Law Firm, P. C., Jonathan O'Boyle
and William Ring, Esquire and further in connection with Jonathan O'Boyle's alleged law firm.
The word "alleged" belongs to Mr. Sweetapple and is not endorsed by the Requester.
Provide a copy of all communications between Jeff Gray and /or Joel Chandler and the Town of
Gulf Stream and /or Robert Sweetapplefor the period beginning January 1, 2014 through the date
of this request.
Dear Asset Enhancement, Inc. [mail to: records @commerce - group.com],
The Town of Gulf Stream received your public records requests on September 5, 2014. If your
request was received in writing, then the request can be found at the following links:
h!W: / /www2 .gulf- stream.org./WebLinkg /0 /doc /20411 /Pagel.asyx and hU: / /www2.gulf-
stream.oralWebLink8 /0 /doc /20413/Pagel.asox. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced number.
The Town of Gulf Stream is currently working on a large number of incoming public records
requests. 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 24, 2015
Asset Enhancement [mail to: records @commerce- group.com]
Re: GS #1364 (804)
Provide a copy of all communications between Jeff Gray and/or Joel Chandler and the Town of
GufStream and /or Robert Sweetapplefor the period beginning January 1, 2014 through the date
of this request.
Dear Asset Enhancement [mail to: records(a),commerce- groua.coml,
The Town of Gulf Stream received your public records requests on September 5, 2014. You should
be able to view your original requests at the following link httv://www2.gulf-
stream.org/WebLink8 /0 /doc /20413/Pagel.asnx. If your request was verbal, then the description
of your public records request is set forth in the italics above. In future correspondence, please
refer to this public records request by the above referenced numbers.
Jeff Gray Records
Please be advised that after a diligent search, the Town has not located any public records received
from, sent to or created by Jeff Gray for the period beginning January 1, 2014 through the date of
your request. As noted below, to confirm that the Town does not possess any responsive public
records will require a deposit for the extraordinary expense associated with a comprehensive
search of its hard and electronic files.
Joel Chandler Records
To the extent that you seek all public records received from, sent to or created by Joel Chandler
from January 1, 2014 through the date of your request, a partial production of records are available
at a similar records request found at: hgp: / /www2.gulf-
stream.org/WebLink8 /0 /doc /20415/Pagel.aspxx. These documents include:
• Communications received from or sent to Mr. Chandler or his counsel
Please be advised that a sworn statement of Mr. Chandler taken by counsel for the Town on July
23, 2014 was previously produced to you care of your counsel, Nickalaus Taylor, Esq., Daniel
DeSouza, Esq. and Mitchell Berger, Esq. and his associates on November 5, 2014 in response to a
request to produce from you in O'Boyle v. Gulf Stream, Case No. 2014CA004474XXXXMBAA.
Because your counsel at the O'Boyle Law Firm has asserted that the statement contains privileged
information of the Citizens' Awareness Foundation, Inc., the Town is unable to reproduce that
statement here. See Citizens Awareness Foundation, Inc. v. Sweetapple, Broeker & Farkas, P.L,
Case No. 502014CA011941X3Xv1B AA and O'Hare v. Gulf Stream, Case No. 2014 -CA-
008327XXXXMB AF.
There are additional records received from, sent to or created by Joel Chandler in the possession
of the Town's outside counsel, Robert Sweetapple, Esq. Even assuming that those records and any
communications between Mr. Sweetapple and Mr. Chandler that have not been shared with the
Town are public records as defined in Chapter 119, Florida Statutes, which the Town does not
concede, your counsel at the O'Boyle Law Firm claims in pending litigation that Mr. Chandler has
provided to Mr. Sweetapple confidential and privileged information of CAFI. See Citizens
Awareness Foundation, Inc. v. Sweetapple, Broeker & Parkas, P.L, Case No.
502014CA011941XXXXMB AA and O'Hare v. Gulf Stream, Case No. 2014 -CA-
008327XXXXMB AF. The Town further asserts that any communications from Mr. Sweetapple
to Mr. Chandler are exempt per Fla. Stat. 119.071(1)(d)I as reflecting Mr. Sweetapple's mental
impressions, conclusions, litigation strategies or legal theories and were prepared exclusively for
civil litigation involving the Town adverse to you, your employees (Denise DeMartini, William
Ring), your affiliated entities (including, but not limited to, CAFI, Stopdirtygovernment, LLC,
Commerce Group, Inc., CG Acquisition Co., Inc., Asset Enhancement, Inc.), your attorneys at the
O'Boyle Law Firm (Jonathan O'Boyle, Ryan Witmer, Giovani Mesa, Nickalaus Taylor) and
Christopher O'Hare.
To search the Town's files and Mr. Sweetapple's files for additional responsive documents, assess
whether they constitute public records and determine if any exemption applies will require
significant time and expense additional to the more than 15 minutes the Town has already spent in
responding with its partial production.
The Town estimates 1 hour of administrative support at $36.39 per hour, 2 hours of paralegal
support at $125.00 per hour, and 1 hour of attorney support at $235.00 per hour, the labor cost of
the personnel providing the service, per Fla. Stat. § 119.07(4)(d).
(1 hours @ 36.39 = 36.39) + (2 hours @ 125.00 = 250.00) + (1 hour @ 235.00 = 235.00) _
Deposit Due: $521.39 in cash or check.
Finally and in particular since you have made a broad request for all communications "created by"
Joel Chandler or Jeff Gray that may be in the possession of the Town, the Town estimates that to
conduct a thorough review of its hard and electronic files to determine that it has not missed any
additional documents will require 1 hours of administrative support at $36.39 per hour, 1 hour of
information technology support at $120.00 per hour, and 1 hour of attorney support to review for
exemptions related to ongoing litigation at $235.00 per hour, the labor cost of the personnel
providing the service, per Fla. Stat. § 119.07(4)(d).
(1 hours @ 36.39 = 36.39) + (1 hours @ 120.00 = 120.00) + (1 hour @ 235.00 = 235.00) _
Deposit Due: $391.39 in cash or check.
Robert Sweetapple Records
You have also requested "all communications between" Robert Sweetapple, Esq. and the Town of
Gulf Stream. To the extent that you seek communications between Mr. Sweetapple and the Town
from January 1, 2014 through September 5, 2014, the partial production can be found at
htty: / /www2.gulf- stream .org(WebLink8 /DocView.aspx ?id= 6696 &dbid =0. Invoices received by
the Town from Sweetapple, Brocker & Varkas, P.L. can be found at http://www2.gulf-
stream .org /WebLink8 /0 /doc /20415/Paee l .asnx.
As you are well aware, Mr. Sweetapple serves as outside counsel to the Town in pending litigation
involving you, your affiliated companies and Christopher O'Hare. You have made a broad request
for any public records created by Mr. Sweetapple, which records would include pleadings authored
by Mr. Sweetapple as well as internal communications and memoranda shared with the Town that
would be exempt under Florida Statute 119.0171(1)(d)l. To search for responsive documents,
assess whether they constitute public records and determine if any exemption applies will require
significant time and expense. The Town estimates 2 hours of administrative support at $36.39 per
hour, 2 hours of paralegal support at $125.00 per hour, and 2 hours of attorney support to review
for exemptions related to ongoing litigation at $235.00 per hour, the labor cost of the personnel
providing the service, per Fla. Stat. § 119.07(4)(d).
(2 hours @ 36.39 = 72.78) + (2 hours @ 125.00 = 250.00) + (2 hours @ 235.00 = 470.00) _
Deposit Due: $792.78 in cash or check.
The total deposit for all parts of the records request would be = $1,741.85 in cash or check.
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