HomeMy Public PortalAboutPRR 15-1756RECORDS REQUEST (the "Request ")
Date of Request: 1127/2015
Requestor's Request ID#: 1011
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: STOPDIRTYGOVERNMENT, 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 copies of all files and other documentation regarding the
Joel Chandler Settlement as referred to in the 6th entry on page 4 of
Invoice No. 177399 (File No. 13147.00001), dated December 31, 2014,
which took place between January 1, 2014 and the date of this Request.
ADDITIONAL INFORMATION REGARDING REQUEST:
Attached is page 4, of Invoice No. 177399 (File No. 13147.00001),
dated narpmhpr 31 2n14.
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 4119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM IT IS REQUESTED THAT THIS
RECORDS REOVEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CAE (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(11(111 OF THE FLORIDA STATUTES, WHICH PROVIDES THAT-IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD 1'0 ENFORCE THE PROVISIONS OF'THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT.IURISDICTION AFFER NOTICE TO ALL AFFECTED PARTIES."
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 Requester 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 Requester by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
I/P/NP /FLRR
1.12.2015
Jones, Foster, Johnston & Stubbs, P.A.
12/05/14 TELEPHONE CONFERENCE WITH RITA TAYLOR 0.20 JCR
Town of Gulf Stream
December 31, 2014
Town of Gulf Stream - General
Invoice
No. 177399
File No. 13147.00001
Page 3
FOR PROFESSIONAL SERVICES RENDERED;
DATE
DESCRIPTION OF SERVICES
HOURS
INDV
11/23/14
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
11/24/14
MEETING WITH KELLY AVERY
2.50
MMM
12/01/14
TELEPHONE CALL WITH K Y AVERY
0.20
MMM
3
12/02/14
REVIEW PUBLIC REC D EQUESTS & COMPLIANCE
0.30
KWR
J`1
02/14
RECEIVE AND REVIE ETTER FROM M. DAHLMEIER
0.20
JCR
14
MEETING WITH K. RIZZARDI
0.30
MMM
12/02/14
TELEPHONE CALL WITH KELLY AVERY
0.20
MMM
12/03/14
TELEPHONE CONFERENCE WITH K. AVERY RE PUBLIC
0.30
JMO
RECORDS REQUESTS AND RESPONSES
12/03114
TELEPHONE CONFERENC ITH KAVERY RE; PUBLIC
0.40
KWR
RECORDS
Z
12/03/14
REVIEW PUBLIC &65ORDS RE ST
0.30
KWR
12/03/14
OFFICE CONFERENCE WITH K RIZZARDI
0.30
JCR
12/03/14
RECEIVE AND REVIEW A IRPB AGENDA
0.20
JCR
12/04/14
CONFER WITH K. TMANN AT DELRAY
0.20
JMO
12/04/14
TELEPHONE CALL W11T R
0.20
MMM
(1!2/0!5/14!
ORRESPONDENCE FROM BERGE R'S OFFICE AND
0.40
JMO
tREVIEW
IAN RE MORGAN AUTHORITY TO SUBMIT UPL
T TO FLORIDA BAR; CONFER WITH ASSOCIATE
RE SAME
12/05/14
ATTENTION TO UBLI ECORDS RESPONSE
0.20
JMO
12105/14
RECEIVE AND REVIEW RESEARCH ASSIGNMENT REGARDING
0.20
KAG
MAYOR AUTHORITY.
12/05/14
OUTSIDE CONFERENCE WITH PLAINTIFF'S COUNSEL
4.50
JMO
12/05114
CONFER WITH D�Lf�Y BEACH RE PUBLIC RECORDS
0.20
JMO
12/05/14 TELEPHONE CONFERENCE WITH RITA TAYLOR 0.20 JCR
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
January 30, 2015
Stopdirtygovernment, LLC [mail to: records @commerce- group.com]
Re: GS #1756 (1011), #1762 (1017)
Provide copies of all files and other documentation regarding the Joel Chandler Settlement as
referred to in the 6th entry on page 4 of invoice no. 177399 (fi'le no. 13147.00001), dated December
31, 1014, which tookplace between January 1, 2014 and the date ofthis request. Attached is page
4, of invoice no. 177399 (file no. 13147.00001), dated December 31, 2014.
Provide a copy of the Title search and any related documents regarding the "Polo Plat "as referred
to in the 19th entry on page 5 of invoice no. 177399 ale no. 13147.00001), dated December 31,
2014. Attached is page 5, of invoice no. 177399 (file no. 13147 00001), dated December 31, 2014.
Dear Stopdirtygovemment, LLC [mail to: recordsna,commerce- eroup.coml,
The Town of Gulf Stream has received your public records requests dated January 27, 2015. If
your request was received in writing, then the requests can be found at the following link:
hU: / /www2.gulf- stream. or¢ /WebLink8 /0 /doc /35266/Paeel.asnx and ht_pt : / /www2.eulf-
stream.ore/WebLink8 /0 /doc /35278 /Paeel.aspxx. If your request was verbal, then the description
of your public records request is set forth in the italics above. Please refer to the referenced number
above with any future correspondence.
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 respond to you in a reasonable amount of time
with the appropriate response or an estimated cost to respond.
Sincerely,
Town Clerk, Custodian of the Records
0 -7 -01- Z013
10 4S f}M
IN THE FIFTEENTH JUDICIAL
CIRCUIT, IN AND FOR PALM BEACH L7T�
COUNTY, FLORIDA CPs � 1 LS I{
JOEL CHANDLER,
Plaintiff,
V. CaseNo.: a0(3 CF}oo��$9
TOWN OF GULF STREAM,
Defendant.
TO: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
SUMMONS
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is
served on you to file a written response to the attached complaint with the clerk of this court. A
phone call will not protect you. Your written response, including the case number given above
and the names of the parties, must be filed if you want the court to hear your side of the case. If
you do not file your response on time, you may lose the case, and your wages, money, and
Property may thereafter be taken without further warning from the court. There are other legal
requirements. You may want to call an attorney right away. If you do not know an attorney, you
may call an attorney referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your written
response to the court you must also mail or take a copy of your written response to the
"Plaintiff/Plaintiffs Attorney" named below.
IMPORTANTE
Usted ha sido demandado legalmente. Tiene 20 dias, contados a partir del recibo de esta
notifrcacion, para contestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una
llamada telefoncia no to protegera. Si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyeado el numero del caso y los nombres de las partes
interesadas. Si usted no contesta ]a demands a tiempo, pudiese perder el caso y podria ser
despojado de sus ingresos y propiedades, o privado de sus derechos, sin previo aviso del tribunal.
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Existeu otros requisitos legales. Si to desea, puede usted consulter a un abogado, puede llamar a
una de las oficinas de asistencia legal que aparecen en la guia telefonica.
Si desea responder a la demanda par su cuenta, at mismo tiempo en que presenta su
respuesta ante el tribunal, debera usted enviar par Correa o entregar una copia de su respuesta a In
persona denominada abajo comp "PlaintifUPlaintiffs Attorney" ( Demandante o Abogado del
Demandante).
IMPORTANT
Des Poursuites Judiciares ant ete entreprises contre vous. Vous avez 20 fours consecutifs
a partir de la date de 1'assignation de cette citation pour deposer une reponse ecrite a la plainte ci-
jointe aupres de ce tribunal. Un simple coup de telephone est insuffisant pour vous proteger.
Vous etes oblige de deposer votre reponse ecrite, avec mention du numero de dossier ci- dessus at
du nom des parties nominees ici, si vous souhaitez que le tribunal entende votre cause. Si vous
ne deposez pas votre response ecrite dans le relai requis, vous resquez de perdre la cause ainsi
que votre salaire, votre argent, et vas biens peuvent etre saisis par la suite, sans aucua preavis
ulterieus du tribunal. II y a d'autres obligations juridiques et vous pouvez requerir les services
immediats d'un avocat. Si vous ne connaissez pas d'avocat, vous pourriez telephoner a un
service de reference d'avocats ou a un bureau d'assistance juridique (figurant a 1'annuaire de
telephones).
Si vous choisissez de deposer vous -meme une reponse ecrite, it vous faudra egalement,
en meme temps que cette formalite, faire parvenir on expedier une copie de votre
reponse ecrite an "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocat) nomme ci- dessous.
WILLIAM F. RING, JR. ESQUIRI; PA
Florida Bar No.: 961795
1280 W. Newport Center Dr.
Deerfield Beach FL, 33432
Telephone: (954) 570-3510
Fax: (954) 360 -0807
E -Mail: wring@commerce -erouo cam
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STATE OF FLORIDA
TO EACH SHERIFF OF THE STATE:
You are commanded to serve this summons and a copy of the Complaint in this lawsuit
on the above -named Defendant.
WITNESS MY HAND AND SEAL of said court.
DATEi2Ma}� � 2013.
Clerk of the Court
3 of 3
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
Joel Chandler,
Plaintiff,
V.
The Town of Gulf Stream,
Defendant.
CASE NO.: cZo / S P 0017 S 9
The Plaintiff, Joel Chandler, ( "Plaintiff'), by and through the undersigned counsel,
hereby sues The Town of Gulf Stream, ( "Defendant "), and as grounds therefore alleges as
follows:
1. This action concerns the Defendant's violation of Plaintiffs civil rights pursuant to
Article 1, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes (2011), (the
"Public Records Act ").
2, This action seeks declaratory and monetary relief.
3. Specifically, Plaintiff seeks an order declaring the Defendant to be in breach of its
constitutional' and statutorye duty to permit access to public records, and compelling the
I Note Article 1 Section 24, Flo. Const.
Every person has the right to inspect or copy any public record made or received in
connection with the official business of any public body, officer, or employee of the state, or
persons acting an their behalf, except with respect to records exempted pursuant to this
section or specifically made confidential by this Constitution. This section specifically
includes the legislative, executive, and judicial branches of government and each agency or
department created thereunder; counties, municipalities, and districts; and each
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�2�
Defendant to provide access to the requested public records and awarding Plaintiff attorney's
fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section
119.1 1(1), Florida Statutcs3.
Jurisdiction and Venue
4. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the
Florida Constitution, and Section 119.11, Florida Statutes.
5. This Court has personal jurisdiction over the Defendant, because the Defendant is a
public agency in Palm Beach County.
6, The causes of action in the instant case accrued in Palm Beach County; therefore, this
Court is the appropriate venue for the vindication of Plaintiff s civil rights.
The Parties
7. Plaintiff Is a Florida citizen who resides in Polk County.
8. Plaintiff Is a "person" as that term is used in the Public Records Act. See §
119.07(I)(a), Fla, Stat.4
9. The Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes ,
constitutional officer, board, and commission, or entity created pursuant to law or this
Constitution.
3 Note § 119.07(1)(a), Fla. Stat.
Every person who has custody of a public record shall permit the record to be inspected and
copied by any person desiring to do so, at my reasonable time, under reasonable conditions,
and under supervision by the custodian of the public records.
r Note § 119.11(1), Fla. Stet.
Whenever an action is filed to enforce the provisions of this chapter, the court shall set an
immediate hearing, giving the case priority over other pending cases.
4 See Footnote "2 ".
Note § 119.011(2), Fla. Stat.
"Agency" means any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other separate unit of government created or
established by law including, for the purposes of this chapter, the Commission on Ethics, the
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10. The Defendant has a duty to permit the inspection, copying, and photography of
Defendant's public records by anv person desiring to do so, at a reasonable time, under
reasonable conditions, and for reasonable costss. (Emphasis added). See § 119.07, Fla. Star; Art.
1, § 24, Fla. Const.
Florida's Public Records Act
11. Florida's Public Records Act implements a right guaranteed to members of the public
under the Florida Constitution and it therefore promotes "a state interest of the highest order,"
See NCAA v. Associated Press, 18 So. 3d 1201, 1212 (1st DCA 2009)7.
Public Service Commission, and the Office of Public Counsel, and any other public or private
agency, person, partnership, corporation, or business entity acting on behalf of any public
agency.
s Note GoveMMent- In- Thr- Sunshin -M ai 2012 Edition page 144.
The term "reasonable conditions" as used in a. 119.07(1)(a), F.S., "refers not to conditions
which must be fulydled berate review is permitted but to reasonable regulations thatwould
permit the custodian of records to protect them from alteration, damage, or destruction and
also to ensure that the person reviewing the records is not subjected to physical constraints
designed to preclude review." Wait U. Florida Power & Light Company, 872 So. 2d 420, 426
(Fla. 1979). See also State ex rel. Danis U. McMillan, M So. 666 Ms. 1906); and Tribune
Company u. Cannella, 468 So. 2d 1076, 1078 (Ms. 1984), appeal dismissed sub nom., DePerle
U. Tribune Company, 106 S.M. 2316 (1986) (the sole purpose of custodial supervision is to
protect the records from alteration, damage, or destruction).
Accordingly, the "reasonable conditions' do not include a rule or condition of inspection
which operates to restrict or circumvent a person's right of access, AGO 76.60. 'The courts of
this state have invalidated measures which seek to impose any additional burden an those
seeking to exercise their rights to obtain records" under Ch. 119, F.S. Inf. Op, to Cook ,1\fay
27, 2011. And see State u. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001) (requirement thet
persona with custody of public records allow records to be examined "at any reasonable time,
under reasonable conditions" is not unconstitutional as applied to public records custodian
who was dilatory in responding to public records requests).
T Note NCAA v Associated PLege, 18 So, 3d 1201, 1212 (let DCA 2009)
We are not persuaded that the Public Records law has an indirect effect on interstate
commerce, but even if some effect had been established, we could not nay that the law
violates the dormant Commerce Clause. The Public Records law implements a right
guaranteed to members of the public under the Florida Constitution and it therefore
promotes a state interest of the highest order. The negligible impact the law might have an
interstate commerce clearly does not outweigh the goal of ensuring open government.
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12. The right of access to public records applies to "any public body, officer, or employee
of the state, or persons acting on their behalf... " Art. 1, § 24, Fla. Const.; see also § 119.011(2),
Fla. Stat.s
13. Under the Public Records Act, "[c]very person who has custody of a public record
shall permit the record to be inspected and copied by any person desiring to do so, at any
reasonable time, under reasonable conditions, and under supervision by the custodian of the
public records." See § 119.07(l)(a), Fla, Stat.B
14. Under the Public Records Act, "[a]ny person shall have the right of access to public
records for the purpose of making Photographs of the record..." See § 119.07(3)(a), Fla, Stat.lo
15. Defendant, as an agency and custodian of records, has an obligation to provide any
non - exempt public records for inspection, copying and photography upon request. See §
119.07(1)(a)31, §119.07(3)(x)12, Fla. Stat.; Art, 1, § 24, Fla. Const.ta
Factual Backaround
16. On the Morning of April 15, 2013 Plaintiff arrived at the Gulf Stream Town Hall,
( "Town Hall'), located at 100 Sea Road, Gulf Stream, Florida in order to make a public records
request.
17. Specifically, Plaintiff sought to obtain, by personal delivery of written request to Rita
Taylor, the Town Clerk and records custodian for the Defendant (hereinafter, "Town Clerk',
"copies of all plans which are 1 t X 17 in size and which are in regard to application #1 on the
8 See Footnote 'V.
See Footnote V.
'0 Note § 119.07(3)(a), Fla. Stat.
Any person shall have the right of access to public records for the purpose of making
Photographs of the record while such record is in the possession, custody, and control of the
custodian or public records.
11 See Footnote "2".
11 See Footnote "10",
13 See Footnote "1 ".
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agenda ofthe Town Commission Meeting Dated April 12, 2013 for the premises known as 3211
North Ocean Boulevard, Gulf Stream, FL." (the "Request ") See Exhibit A.
18. The Town Clerk acknowledged receipt of the Request, and informed Plaintiff that the
request would take approximately 10 minutes to fulfill.
19. Approximately 10 minutes later, the Town Clerk returned with copies of the
requested documents in hand.
20. The Town Clerk demanded payment of $6.95 as a condition of access to the public
records.
21. The calculation of 56.95 included a charge of $0.15 per 1 I X 17 page in addition to a
charge for the time spent to retrieve, copy, and re-file the public records.
Count 1- Imposition of an Unlawful Fee
22. Plaintiff re-alleges and incorporates by reference paragraphs l Lh_ough 21 as if fully
alleged herein.
23. Section 119.07(4), Florida Statutes states that "The custodian of public records shall
furnish a copy of the record upon payment of the fee prescribed by law. If a fee is not prescribed
by law, the following fees are authorized,"
24. No fee is prescribed by law specifically for 11 X 17 copies.
25. Section I I9.07(4)(a)(3), Florida Statutes provides that the authorized fee is, "for all
other copies, the actual cost of duplication of the public record."
26. The actual cost of duplication is defined in Florida Statutes Section 1 [9.011 as "the
cost of the material and supplies used to duplicate the public record, but does not include labor
cost or overhead cost associated with such duplication."
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27. The actual cost of duplication of these 11 X 17 copies is significantly less than $0.15
per page.
28. The Defendant's refusal to provide Plaintiff with the requested copies unless and until
Plaintiff paid $0.15 for each 11 X 17 copy constituted an imposition of an unlawful fee.
29. The Defendant also imposed a charge for the time spent to retrieve, copy, and re -file
the public records.
30. Under Florida Statutes Section 119.07(4)(d), a special service charge to reimburse the
agency for labor costs is permissible only, "if the nature or volume of public records requested to
be inspected or copied pursuant to this subsection is such as to require extensive use of
information technology resources or extensive clerical or supervisory assistance by personnel of
the agency involved."
31. The Request, which took only approximately !0 minutes to fulfill, vvas not
"extensive" pursuant to Section I I9.07(4)(d), and therefore the imposition of a charge for the
time spent to retrieve, copy, and re -file the public records was an imposition of an unlawful fee.
Count If — Unlawful Withholding of public Records
32. Plaintiff re- nlleges and incorporates by reference paragraphs 1 through 31 as if fully
alleged herein.
33. The Defendant's refusal to allow Plaintiff to inspect the requested public records
violates Article 1, Section 24(a) of the Florida Constitution, Section 119.070)(x), Florida
Statutes14 and is inconsistent with well - established case lawls,
11 See Footnote V.
n See Ae11 v_ K_ endue 6 So. 868 (Fla. 1889) (public records belong "to the public office and not to the
Officer-1; See also Stnta ox .rel Davidson v CoLich 166 So. 297 (Fla. 1934); See also City
- 'r 298 So.2d 476
ICA 1974) (records that "are made by a city employee in the normal course of conducting the
business are materials which are open to the citizens of this state for inspection."); See also
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34. Plaintiff made clear to Defendant that Plaintiff was willing to pay the statutorily
authorized fee for the public retards.
35. The records being sought by Plaintiff are public records pursuant to Section
119.011(12)16, Florida Statutes.
36. There is no statutory exemption that applies to the requested public records and the
Defendant has cited none.
37. Violations of Section 119.07, Florida Statutes constitute an irreparable public
injuryl7.
38. Plaintiff has a clear legal right to insist upon the performance of the Defendant's duty
to permit inspection, copying and photographing of public records.
39. Section 1 19.1 1(I ), Florida Statutes requires this matter be set for an immediate
beating.le
40. All conditions precedent to this action have occurred or have been excused or waived,
State ex rel. Vests y City Or Rocs Raton 353 So. 2d 1194 (Mo. 4th DCA 1977) (the Public Records Act
"requires the public official with custody of a public record to disclose it to any member of the public,
including the media, who wishes to inspect it. Non -disclosure is permitted only if there is an
exemption provided" by statute.); See also News-Press Publishing Co. v .add 3813 So. 2d 276, 278
(Ms. 2d DCA 1980) ("Absent a statutory exemption, a court is not free to consider public policy
questions regarding the relative significance of the public's interest in disclosure and the damage to
an individual or Institution resulting from such disclosure.').
16Note § 119.D11(12), Fla. Stat.
"Public records" means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the
physical form, characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of olficial business by any agency.
17 Note Daniels v. Bryson, 548 So, 2d 679, 680 (Fla. 3d DCA 1989)
The impermissible withholding of documents otherwise required to be disclosed constitutes,
in and of itself, irreparable injury to the person making the public records request. Since the
purpose or Chapter 119 is to afford disclosure crinformation without delay to any member or
the public making a request, nondisclosure prevents access to the information and is an
injury not ordinarily compensable in damages,
15 See Footnote "3".
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Attornevs' Fees
41. The Public Record Act provides that "[ijf a civil action is filed against an agency to
enforce the provisions of this chapter and if the court determines that such agency unlawfully
refused to permit a public record to be inspected or copied, the court shall assess and award,
against the agency responsible, the reasonable costs of enforcement including reasonable
attorneys' fees." See § 119. 12, Fla. Stat.
Relief Requested
WHEREFORE, Plaintiff prays this Court:
(a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes; 10
(b) Declare that the Defendant's failure to provide Plaintiff with access to the
requested public records was unconstitutional and unlawful under Article 1, Section 24 of
the Florida Constitution" and the Public Records Aet;21
(c) Order the Defendants to allow the inspection, copying and photographing of the
requested records (upon payment of the statutorily authorized fees);
(d) Award Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this
action, as provided in Section 119.12, Florida Statutes•22 and
(e) Grant such further relief as the Court deems proper.
11 See Footnote "S.
Q9 See Footnote "1 ".
21 See Footnote "2".
See Verified Complaint at "q2".
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Dated:_Itkn 2013
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Respectfully submitted,
WILLIAM P. RING, JR. GSQUIR); PA
ATTORNEY rOR P 1 T rr
William . Inp, Jr.
Florida Dar No.: 961795
1280 W. Newport Center Dr.
Deerfield Beach FL, 33432
Telephone: (954) 570 -3510
Fax: (954) 360.0807
E -Mail: wrinefrAcommcrcc- roan cem
VERIFICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Joel Chandler, who, being
first duly identified and sworn, deposes and says that this VERIFIED COMPLAINT is based
on records and information known to him, and are true and correct to the hest of his knowledge,
information, and belief. He who is personally known to melhas produced as
Chandler
�r
Dated:
991 aef e FalaosMa
n
l0 of 10
(SEAL)
RECORDS REQUEST (the "Request") %frt1D D&L /!/ELF
C
Date of Request: 4115113 / v
Requestor's Request IDN: 333
REQUESTEE: CUSTODIAN OF RECORDS IOWN OF GULF STREAM
REQUESTOR: JOEL CHANDLER
REQUESTOR'S CONTACT INFORMATION: E -Mail: T K9?@;MeNxx', iS 744COCX
Fax: 954- 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: PLEASE PROVIDE COPIES OF ALL PLANS WHICH ARE 11 X 17 IN SIZE
AND WHICH ARE IN REGARD TO APPLICATION Rl ON THE AGENDA OF THE TOWN
COMMISSION MEETING DATED APRIL 1Z 2013 FOR THE PREMISES KNOWN AS
3211 NORTH OCEAN BOULEVARD, GULF STREAM, FL
ADDITIONAL INFORMATION REGARDING REQUEST: Please respond to E -Mail:
joel.cbandier@fogwatch.org
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 I NOW, TIME COMMON LAW RIGHT OF ACCESS; AND
ANY STATUTORY RIGHT TO IQVOW (INCLUDING, WITHOUT LIMITATION, ANY
STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE
PURSUANT TO THE RIGHTS OF THE REQUESTER 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 REOUESTED 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 119.07L4) (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.
ITINPR/FRR
04..15.13 FORM
Kelly Avery
From: Bill Thrasher <bhrasher @gulf - stream.org>
Sent: Friday, July 19, 2013 2:00 PM
To: Randolph, John C.
Cc: Matias, Sally
Subject: Permissions to respond
Attachments: RE: Dear Defendant I Florida Open Government Watch; Dear Defendant I Florida Open
Government Watch; RE: Dear Defendant I Florida Open Government Watch; RE: Dear
Defendant I Florida Open Government Watch
We have a new PRR from Chandler, Fogwatch asking for any records created or received with the name Chandler,
Fogwatch in them.
I am attaching to this email those documents that are responsive.
Please review for anything that may be exempt and let me know.
William H. Thrasher, 1CMA -CM, CGFO, CGFM
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Office 561.276.5116 1 Fax 561.737.0188
Direct e-mail: bthrasher(a)oulf- stream.orc
Kelly Avery
From: Baird, Thomas J. <TBaird @jonesfoster.com>
Sent: Monday, April 15, 2013 2:00 PM
To: Bill Thrasher; Matias, Sally
Subject: RE: Dear Defendant I Florida Open Government Watch
Bill, in Mr. Chandler's letter he references a request he made that "did not go well." Do
you know what this request may have been, or to whom it was directed? Is Mr.
Chandler acting on behalf of Mr. O'Boyle? Chandler has received a lot of notoriety
around the state for his voluminous and sometimes unusual public records requests. I
would not be surprised if Mr. O'Boyle has accessed him to enlist him in his endeavors
with the Town.
JONESFOSTER
Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attorney
Direct Dial: 561.650.8233 1 Fax: 561.746.6933 I tbaird01ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
801 Maplewood Drive, Suite 22 -A, Jupiter, Florida 33=458
561 -659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by die Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Bill Thrasher [mailto:bthrasher @gulf- stream.org]
Sent: Monday, April 15, 2013 12:46 PM
To: Matias, Sally
Cc: Baird, Thomas J.
Subject: Dear Defendant I Florida Open Government Watch
http://fogwatch.org/2013/02/25/dear-defendant/
This gentleman, Joel Chandler, just left our office.
1
Kelly Avery
From: Bill Thrasher <bhrasher @gulf - stream.org>
Sent: Monday, April 15, 2013 12:46 PM
To: Matias, Sally
Cc: Baird, Thomas J.
Subject: Dear Defendant I Florida Open Government Watch
http: / /fogwatch.org /2013 /02/25 /dear- defendant/
This gentleman, Joel Chandler, just left our office.
Kelly Avery
From: Baird, Thomas J. <TBaird @jonesfoster.com>
Sent: Monday, April 15, 2013 2:53 PM
To: Bill Thrasher
Cc: Rita Taylor
Subject: RE: Dear Defendant I Florida Open Government Watch
The statutory amount is 15 cents for a regular size one sided copy. Skip and I
discussed Mr. O'Boyle argument about paying the "actual costs of duplication" which is
also referenced in the statute. Sounds like they have a plan. Keep me posted.
JONESFOSTER
Thomas J. Baird Florida Bar Board Certified City, County and Local Government Attomey
Direct Dial: 561.650.8233 1 Fax: 561.746.6933 1 tbaird@jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
801 Maplewood Drive, Suite 22 -A, Jupiter, Florida 33458
561 -659 -3000 1 wwcv.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Bill Thrasher [mailto:bthrasher @gulf- stream.org]
Sent: Monday, April 15, 2013 2:16 PM
To: Baird, Thomas J.
Cc: Rita Taylor
Subject: RE: Dear Defendant I Florida Open Government Watch
Tom,
He is not referring to Gulf Stream in that internet letter dated in February. I do not know to whom the letter was sent or
the topic.
Mr. Chandler came into the Town office with Mr. O'Boyle and Ryan Whitmer. Each of them requested records at the
time. Rita asked them to wait in the lobby and that she would work on their requests. Rita gave them each what they
requested and charged a fee for her labor time. Mr. Chandler paid except for copies he requested and at the time
agreed to pay at 15 cents each. When Rita made the copies, he did not pay the 15 cents but said he wanted to pay the
statutory amount. He was not specific to what that amount is /was. Rita commented to him that he agreed to pay 15
cents a copy "and now it seems you do not want them." She did not give the copies to him.
Mr. O'Boyle's labor charge was $1.75 which he paid "under protest ". He asked for a receipt.
don't remember the circumstances with Mr. Whitmer.
Please feel free to contact Rita for better details.
I overheard most of what transpired.
III
From: Baird, Thomas J. [mailto:TBairdaionesfoster.coml
Sent: Monday, April 15, 2013 2:00 PM
To: Bill Thrasher; Matias, Sally
Subject: RE: Dear Defendant I Florida Open Government Watch
Bill, in Mr. Chandler's letter he references a request he made that "did not go well." Do
you know what this request may have been, or to whom it was directed? Is Mr.
Chandler acting on behalf of Mr. O'Boyle? Chandler has received a lot of notoriety
around the state for his voluminous and sometimes unusual public records requests. I
would not be surprised if Mr. O'Boyle has accessed him to enlist him in his endeavors
with the Town.
JONOFOMR
pirvnaavru... x.
Thomas J. Baird Horida Bar Board Certified City, County and Local Government Attorney
DircctDial: 561.650.8233 I Pas: 561.746.6933 I tbairdOjonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
801 Maplewood Drive, Suite 22 -A, Jupiter, Florida 33458
561 -659 -3000 1 www.jonesfoster.com
U.S. Treasury Itegulation Circular 230 requires us to advise you that a ritten communications issued by us are not intended to
be and cannot be relied upon to avoid penalties drat may be imposed by the Internal Revenue Service.
Incoming cmails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissem nation, or copying
of this email is prohibited. Please immediately notify us by email and delete die original message.
From: Bill Thrasher [ mailto :bthrasher(�:bgulf- stream.org]
Sent: Monday, April 15, 2013 12:46 PM
To: Matias, Sally
Cc: Baird, Thomas J.
Subject: Dear Defendant I Florida Open Government Watch
htto: / /fogwatch.org /2013 /02/25 /dear- defendant/
This gentleman, Joel Chandler, just left our office.
Kelly Ave
From: Baird, Thomas J. <TBaird @jonesfoster.com>
Sent: Monday, April 15, 2013 1:34 PM
To: Bill Thrasher; Matias, Sally
Subject: RE: Dear Defendant I Florida Open Government Watch
He's been going around the state filing public records requests and then filing lawsuits
against public entities that do not timely comply, or comply in a way that meets with his
approval.
JONESFOSTER
Thomas J. Baird Florida Bar Board Certified City, County- and local Government Attorney
Direct Dial: 561.650.8233 1 Fax: 561.746.6933 1 tbaird(al,ionesfoster.com
Jones, Foster, Johnston & Stubbs, F.A.
801 Nlaplewood Drive, Suite 22 -A, Jupiter, Florida 33458
561- 659 -3000 1 www.jonesfoster.com
C.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: Bill Thrasher [mailto:bthrasher @gulf - stream.org]
Sent: Monday, April 15, 2013 12:46 PM
To: Matias, Sally
Cc: Baird, Thomas J.
Subject: Dear Defendant I Florida Open Government Watch
http://fogwatch.org/2013/02/25/dear-defendant/
This gentleman, Joel Chandler, just left our office.
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
ANSWER TO COMPLAINT
Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by
and through undersigned counsel, hereby answers and asserts Defenses to the Verified
Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary
Relief (the "Complaint ") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the
"Plaintiff "). As to each paragraph alleged in the Complaint, the Town responds as
follows:
1. The Town denies that Plaintiff's civil rights have been violated, but admits
that this action concerns Plaintiff's allegations that Defendant has violated Chapter 119,
Florida Statutes (2012) (the "Public Records Act ").
2. The Town admits the allegation in paragraph 2 that the Complaint seeks
declaratory and monetary relief.
3. The Town admits that the Complaint seeks the relief specified in
Paragraph 3, but denies that Plaintiff is entitled to the requested relief.
only.
Jurisdiction and Venue
4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction
1
5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction
only.
6. The Town admits the allegation in paragraph 6 for purposes of venue only.
The Parties
7. The Town admits the allegation in paragraph 7.
8. The Town admits the allegation in paragraph 8.
9. The Town admits the allegation in paragraph 9.
10. The Town admits the allegation in paragraph 10.
Florida's Public Records Act
11. The Town admits the allegation in paragraph 11.
12. The Town admits the allegation in paragraph 12.
13. The Town admits the allegation in paragraph 13.
14. The Town admits the allegation in paragraph 14.
15. The Town admits the allegation in paragraph 15.
Factual Background
16. The Town admits the allegation in paragraph 16.
17. The Town admits the allegation in paragraph 17.
18. The Town admits the allegation in paragraph 18.
19. The Town admits the allegation in paragraph 19.
20. The Town admits the allegation in paragraph 20.
21. The Town admits that Plaintiff was offered all requested documents at a
charge of $0.15 per page.
4
Count I- Unlawful Withholding of Public Records
22. The Town incorporates its responses to allegations in paragraphs 1 -21.
23. The Town admits that paragraph 23 is an accurate restatement of the law.
24. The Town admits the allegation in paragraph 24.
25. The Town admits the allegation in paragraph 25.
26. The Town admits that the allegation in paragraph 26 is an accurate
restatement of the law.
27. The Town admits that the actual cost of duplication of 11 x 17 copies is
less than $0.15 per page.
28. The Town denies the allegation in paragraph 28 as it states a legal
conclusion.
29. The Town admits that a fee was requested for production of documents.
30. The Town admits that the allegation in paragraph 30 is an accurate
restatement of the law.
31. The Town admits that ten minutes to fulfill a request is not extensive
pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31.
Count II- Unlawful Withholding of Public Records
32. The Town incorporates its responses to allegations in paragraphs 1 -21.
33. The Town denies the allegation in paragraph 33.
34. The Town admits that Plaintiff stated he would pay the statutorily
authorized fee for the public records but denies that Plaintiff provided the Town with any
financial compensation for the production of records.
35. The Town admits the allegation in paragraph 35.
K7
36. The Town admits the allegation in paragraph 36.
37. The Town admits that paragraph 37 is an accurate restatement of the law.
38. The Town admits that the Plaintiff has a legal right to public records but
denies the allegation in paragraph 38 to the extent that it implies the Town has not
performed its duty under the Public Records Act adequately.
39. The Town admits that Plaintiff is entitled to a hearing, but denies the
necessity of an immediate hearing.
40. The Town denies the allegations in paragraph 40.
Attorney's Fees
41. The Town admits that the allegation in paragraph 41 is an accurate
reflection of the law but denies that Plaintiff is entitled to attorney's fees.
Relief Requested
42. The Town denies that Plaintiff is entitled to a judgment in its favor or for
any relief whatsoever, including the relief requested in paragraphs (a) -(e).
DEFENSES
43. In further response to the allegations above, the Town avers that, in all
respects, Plaintiff is not entitled to any relief.
44. The Town avers that it is the Town's reasonable belief that the Public
Records Request that is the subject of this action was filed at the direction of Martin E.
O'Boyle ( "O'Boyle "). The Town avers in support of this belief the following facts:
a. At the time Plaintiff brought the Public Records Request to the Town,
he was accompanied by O'Boyle (who was delivering his own request
at the time), and another associate of O'Boyle, Ryan Witmer (who was
4
also delivering a request that the Town believes was submitted at the
direction of O'Boyle).
b. The address listed on the Public Records Request is the same address
provided by O'Boyle for the requests that he has submitted to the
Town.
c. The attorney of record for Plaintiff is also the attorney of record for four
other actions' brought against the Town by or at O'Boyle's direction
with respect to various public records requests.
45. The Town avers that more than four hundred (400) public records
requests have been filed by or at the direction of Martin E. O'Boyle since March 2013.
46. The Town avers that the Town has produced thousands of pages in
response to the numerous public records requests filed by or at the direction of O'Boyle.
47. The Town avers that the Town has a staff of only four (4) people, not
including law enforcement and fire personnel.
48. The Town avers that the record custodian who received the subject Public
Records Request from Plaintiff was under the impression that the requests submitted by
O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for
purposes of charging for extensive use of resources 2
' The Town is moving to have the five actions (including the underlying action) brought by or at the
direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and
consolidated in the division of the oldest action (Judge Peter D. Blanc's Division).
z Though numerous requests at the direction of an individual may be viewed for their cumulative impact in
evaluating whether an agency's response time was reasonable, there is no case law that specifically
allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to
respond. See Lang v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995),
affirmed per curiam, 675 So. 2d 947 (Fla. 5th DCA 1996), in which the circuit court rejected the
petitioner's claim that the agency should have produced records within 10, 20 and 60 -day periods. The
court considered the plaintiff's numerous (19) public records requests and found the agency's response to
4"
49. The Town avers that the records custodian was also under the good faith
impression that fifteen cents (the statutory fee for copies that are 14 inches by 8 '/
inches) could also be charged as the statutory fee for the records produced for Plaintiff
on larger paper (11 x 17 inches). The Town further avers that when the records
custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff
simply responded that he would pay "the statutory amount ", and did not explain further
before leaving the Town Hall.
50. The Town avers that the records custodian made an error in good faith, of
which the Plaintiff was aware but did not explain- choosing instead to file an otherwise
unnecessary legal action against the Town.
51. The Town avers that, having learned of the records custodian's good faith
mistake, the Town will produce the requested documents to Plaintiff upon payment of
the statutory amount, including costs of staff time as a special service charge .3
52. The Town avers that, should Plaintiff elect not to procure the documents
that the Town has produced and is holding for Plaintiff, the Town is authorized to bill
Plaintiff for the actual cost of copying and producing the records.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail
this 22nd day of July, 2013 to the following:
be reasonable in light of the cumulative impact of the requests and the fact that the requested records
contained exempt and nonexempt information, requiring considerable time to review and redact.
' "For the purposes of satisfying a public records request, the fee to be charged by an agency if it elects to
provide a copy of a public record in a medium that Is not routinely used by the agency ...must be in
accordance with s.119.07.74, F.S. (authorizing Imposition of a special service charge if excessive
Information technology resources or labor are required)." Government -in- the - Sunshine Manual, First
Amendment Foundation, p. 149 (2012).
William F. Ring, Jr., Esquire
1280 W. Newport Center Dr,
Deerfield Beach, FL 33432
wring .commerce- group.com
pAdocs \13147 \00024 \pld \lgr2833.docz
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
Attorneys for Defendant
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
561 - 659 -3000
By: /s/ Ashlee A.
Richman
Joanne M.
O'Connor, Esquire
Florida Bar No. 0498807
i ocon nor(ccD
ionesfoste r. com
Ashlee A.
Richman, Esquire
Florida Bar No. 0091609
arichman(cDionesfoster.com
7
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
MOTION TO TRANSFER
Defendant, THE TOWN OF GULF STREAM (the "Town "), by and through
undersigned counsel, hereby moves this Court for an order transferring the above-
styled Case Number 502013CA007789XXXXMBAN to Judge Peter D. Blanc's Division
in this Circuit Court, and in support thereof states as follows:
1. On May 6, 2013, the Plaintiff, Joel Chandler ( "Plaintiff') filed a one -count
Verified Complaint to Enforce Florida's Public Records Act and for Declaratory and
Monetary Relief in Case Number 502013CA007789XXXXMBAN (Action II). Count I is a
claim for Unlawful Withholding of Public Records.
2. The Public Records Request that is the subject of Action II (the "Request ")
was submitted in person by Joel Chandler. Joel Chandler was accompanied by Martin
E. O'Boyle ( "Mr. O'Boyle ") when he submitted the Request.
3. Action II is one of many filed by or at the direction of Mr. O'Boyle for
purposes of harassing the Town. The chart, attached as Exhibit A, reflects all of the law
suits filed by or at the direction of Mr. O'Boyle and depicts the Town's effort to
consolidate these cases based on the similarity of legal issues and named plaintiffs (as
explained in the Chart's legend).
4. William F. Ring, Jr., Esq. (Mr. Ring), is the attorney of record in five of the
cases filed at Mr. O'Boyle's direction.
5. The oldest action filed by Mr. Ring at Mr. O'Boyle's direction is Case
Number 502013CA007608XXXXMBAA (Action 1). Action I was assigned to Judge Peter
D. Blanc on May 3, 2013, Action I is also titled Verified Complaint to Enforce Florida's
Public Records Act and for Declaratory and Monetary Relief, with one count for
Unlawful Withholding of Public Records. The named Plaintiff in Action I is Ryan L.
Witmer.
6. The third action filed by Mr. Ring at Mr. O'Boyle's direction is Case
Number 502013CA008125XXXXMBAH (Action III). Action III was assigned to Judge
Lucy Chernow Brown on May 10, 2013. Action III is also titled Verified Complaint to
Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one
count for Unlawful Withholding of Public Records. The named Plaintiff in Action III is
Commerce Group, Inc. Mr. O'Boyle signed the Verification attached to the Complaint for
Action III, and he is listed on the Public Records Request that is the subject of Action III
as the President of Commerce Group, Inc.
7. The fourth action filed by Mr. Ring at Mr. O'Boyle's direction is Case
Number 50201 3CA008452XXXXM BAG (Action IV). Action IV was also assigned to this
Division on May 17, 2013. Action IV is also titled Verified Complaint to Enforce Florida's
Public Records Act and for Declaratory and Monetary Relief, with one count for
Unlawful Withholding of Public Records. The named Plaintiff in Action IV is Mr. O'Boyle.
2
8. The fifth Action filed by Mr. Ring at Mr. O'Boyle's direction is Case
Number 502013CA008594XXXXMBAG (Action V). Action V was assigned to Judge
David F. Crow's Division on May 20, 2013. Action V is also titled Verified Complaint to
Enforce Florida's Public Records Act and for Declaratory and Monetary Relief, with one
count for Unlawful Withholding of Public Records. The named Plaintiff in Action V is
Airline Highway LLC. According to the signed and notarized Verification attached to the
Complaint in Action V, Mr. O'Boyle is the Managing Member of Airline Highway LLC.
9. The contact information provided in the Public Records Request that is the
subject of Action I is: 1280 West Newport Center Drive, Deerfield Beach, FL 33442."
The e-mail address provided in the Public Records Request that is the subject of Action
is: brussell(a )commerce- group.com.
10. The contact information provided in the Public Records Request that is the
subject of Action II is : "1280 West Newport Center Drive, Deerfield Beach, FL 33442."
The e-mail address brussell o)commerce- group.com has been crossed out, but is still
visible, in the Public Records Request for Action II.
11. The contact information provided in the Public Records Request that is the
subject of Action III is: "1280 West Newport Center Drive, Deerfield Beach, FL 33442."
The e-mail address provided in the Public Records Request that is the subject of Action
III is moboyle(a-)commerce- group.com.
12. The contact information provided in the Public Records Request that is the
subject of Action IV is also 1280 West Newport Center Drive, Deerfield Beach, FL
33442." The e-mail address provided in the Public Records Request that is the subject
of Action IV is: recordsCabcommerce- group.com.
3
13. The contact information provided in the Public Records Request that is the
subject of Action V is also "1280 West Newport Center Drive, Deerfield Beach, FL
33442." The e-mail address provided in the Public Records Request that is the subject
of Action V is: records (a)commerce- group.com.
14. The named plaintiffs in Actions I, II, III, IV and V are all connected to Mr.
O'Boyle and have the same known address and similar e-mail addresses (all connected
to Commerce Group, Inc.).
15. Actions I, II, III, IV and V have similar parties and have common questions
of law and fact. The anticipated issues, facts, statutory framework, and defenses are
substantially similar and closely related.
16. On July 22, 2013, the Town filed corresponding Motions to Transfer to
Judge Peter D. Blanc's division in Actions III, IV, and V.
17. It is appropriate to transfer the Action V to Judge Peter D. Blanc's Division,
to allow the Town to move to consolidate Action II with Actions I, III, IV, and V.
Consolidation will reduce judicial labor and attorney time and related fees and costs,
and it will minimize the possibility of inconsistent results.
WHEREFORE, the Town moves this Court for an Order transferring Case
Number 502 01 3CA007789XXXXM BAN to Judge Peter D. Blanc's Division, and granting
such other or further relief as the Court deems just and proper.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail
this 22nd day of July, 2013 to the following:
William F. Ring, Jr., Esquire
1280 W. Newport Center Drive
Deerfield Beach, FL 33432
wring(&commerce- group.com
n
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
Attorneys for Defendant
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
561 - 659 -3000
By: /s/ Ashlee A.
Richman
Joanne M.
O'Connor, Esquire
Florida Bar
No. 0498807
joconnor(a)ionesfoster.com
Ashlee A.
Richman, Esquire
Florida Bar
No. 0091609
a rich manaionesfoster.com
p: \docs\1 3147\000241p1d\i gq 1 a45,dou
TOWN OF GULF STREAM
PUBLIC RECORDS LAWSUITS
Legend:
BOLD: Pro Se cases
ITALICS: Cases represented by attorney William Ring that are not "N984AC Caravan LLC" cases
UNDERLINING: N984AC Caravan LLC cases represented by attorney William Ring
CASE NO. AND
DATE FILED
DATE
PLAINTIFF
JUDGE
SERVED
-and -
PLAINTIFF'S ATTORNEY
(O'Boyle's Role)
502013CA00675OXXXXMBAO
4/24/2013
4/24/2013
Martin E. O'Boyle
Catherine M. Brunson
........................
Pro Se
502013CA01112OXXXXMBAO
7/5/2013
7/5/2013
Martin E. O'Boyle
Catherine M. Brunson
......................
Pro Se
502013CAOI I 122XXXXMBAI
7/5/2013
7/5/2013
Martin E. O'Boyle
Meenu Sasser
........................
Pro Se
502013CA011411XXXXMBAJ
711012013
7/1012013
Martin E. O'Boyle
Joseph Marx
.......................
Pro Se
502013CA011414XXXXMBAI
7/10/2013
7/10/2013
Martin E. O'Boyle
Meenu Sasser
". ..... .... ............
Pro Se
502013CA011416XXXXMBAO
7/10/2013
7/10/2013
Martin E. O'Boyle
Catherine M. Brunson
........................
Pro Se
EXHIBIT A
CASE NO. AND
DATE FILED
DATE
PLAINTIFF
JUDGE
SERVED
-and -
PLAINTIFF'S ATTORNEY
(O'Boyle's Role)
502013CA011417XXXXMBAD
7/10/2013
7110/2013
Martin E. O'Boyle
Gregory Keyser
........................
Pro Se
602013CA011421XXXXMBAG
7/10/2013
7/1012013
Martin E. O'Boyle
David F. Crow
" " " " " " "• "• "••"
Pro Se
502013CA01 1423XXXXM BAD
7/1012013
7/1012013
Martin E. O'Boyle
Gregory Keyser
" " " " " " " " " " ""
Pro Se
502013CA011424XXXXMBAE
7/10/2013
7/10/2013
Martin E. O'Boyle
Edward Fine
" " " "'• " "......••••
Pro Se
502013CA007609XXXXMBAA
51312013
71912013
Ryan L. Witmer
Peter D. Blanc
" " " " " " "• ".......
William F. Ring, Jr., Esq.
(Uses O'Boyle's Business
and E -Mail Address)
502013CA007789XXXXMBAN
51612013
71912013
Joel Chandler
Lucy Chernow Brown
........................
William F. Ring, Jr., Esq.
(Uses O'Boyle's Business
Address)
502013CA008125)0(XXMBAH
511012013
71912013
Commerce Group, Inc.
Lucy Chernow Brown
" " " " " " " " " ......
William F. Ring, Jr., Esq.
(Uses O'Boyle's Business
and E -Mail Address and
O'Boyle is listed as
President)
CASE NO. AND
DATE FILED
DATE
PLAINTIFF
JUDGE
SERVED
-and -
PLAINTIFF'S ATTORNEY
(O'Boyle's Role)
502013CA008452XXXXMSAG
511712013
7/2/2013
Martin E. O'Boyle
David F. Crow
.. "..........0........
William F. Ring, Jr., Esq.
502013CA008594XXXXMBAG
5/20/2013
71212013
Airline Highway LLC
David F. Crow
.......................
William R. Ring, Jr., Esq.
(Uses O'Boyle's Business
and E -Mail Address and
O'Boyle Listed as Managing
Member)
502013CA008701XXXXMBAA
5/23/2013
7/2/2013
N984AC Caravan LLC
.......................
Peter D. Blanc
William F. Ring, Jr.. Esq.
(Uses O'Boyle's Business
and E -Mail Address and
O'Boyle Listed as Managing
Member)
502013CA008809XXXXMBAA
5/23/2013
7/2/2013
N984AC Caravan LLC
.......................
Peter D. Blanc
William F. Ring, Jr.. Esq.
(Uses O'Boyle's Business
and E -Mail Address and
O'Boyle Listed as Managing
Member)
502013CA008919XXXXMBAD
5/23/2013
7/2/2013
N984AC Caravan LLC
.......................
Gregory Keyser
William F. Ring, Jr., Esq.
(Uses O'Boyle's Business
and E -Mail Address and
O'Boyle Listed as Managing
Member)
p1docs \13147\00001 \doc \1 gr2673.docx
Kelly Avery
From:
William Ring <wring @commerce - group.com>
Sent:
Wednesday, August 14, 2013 6:13 PM
To:
Randolph, John C.
Cc:
Ryan Witmer; William Ring; Richman, Ashlee A.
Subject:
RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Skip
This email is sent for settlement purposes.
We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit.
After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case:
1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs.
2. Provide the requested records to Mr. Chandler.
3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is
essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true).
Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion
to Transfer.
Let me know your thoughts.
Bill
CC: Ashlee Richman, Ryan Witmer
William F. Ring
954 - 570- 3510(ph)
954- 360- 0807(fax)
954- 328 -4383 (cell)
Kelly Avery
From: Randolph, John C.
Sent: Monday, August 19, 2013 9:53 AM
To: 'Bill Thrasher' (bthrasher @gulf - stream.org); 'Rita Taylor'
Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Bill and Rita,
will need to have the Town Commission consider this settlement offer. I will follow up with you soon in regard
to the timing.
JOHN C. RANDOLPH
JONESFOSTER
7anvsurva srenas, rn.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 has: 561.650.5300 1 jrandolph@jonesfoster.com
Jones, Foster,: Johnston & Stubbs, P.A.
Flagler Center Power, 505 South Flagler Drive, Suite 1100, \\ c5 L Palm Beach, Florida 33401
561 - 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are Filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged
and confidential. if you are not the intended recipient, you received dais in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: William Ring [mailto :wring @commerce- group.com]
Sent: Wednesday, August 14, 2013 6:13 PM
To: Randolph, John C.
Cc: Ryan Witmer; William Ring; Richman, Ashlee A.
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Skip:
This email is sent for settlement purposes.
We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit.
After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case:
1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs.
2. Provide the requested records to Mr. Chandler.
3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is
essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true).
Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion
to Transfer.
Let me know your thoughts.
fflff
CC: Ashlee Richman, Ryan Witmer
William F. Ring
954 - 570- 3510(ph)
954- 360 -0807 (fax)
954 - 328 -4383 (cell)
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
Joel Chandler,
Plaintiff, CASE NO.: 2013 CA 007789 XXXX MB AN
V.
The Town of Gulf Stream,
Defendant.
PLAINTIFF'S MOTION TO ENLARGE TIME TO FILE A RESPONSE TO
DEFENDANT'S ANSWER
The Plaintiff, Joel Chandler, by and through the undersigned counsel, hereby moves that
this Court enlarge the time to respond to Defendant's Answer in the form of a motion to strike
and/or a reply to Defendant's Affirmative Defenses, and as grounds therefore alleges as follows:
1. The Defendant served its Answer on Plaintiff by e-mail to Plaintiffs counsel on July
22, 2013.
2. Plaintiff has made known to Defendant's its intention to file a motion to strike
portions of the Answer and /or a reply to Defendant's Affirmative Defenses.
3. Plaintiff and Defendant are engaged in continuing good faith efforts to reach a
settlement in this case.
4. Defendant has consented to an enlargement of time of 14 days from the date of the
attached order for Plaintiff to respond to the Defendant's Answer in the aforesaid manners.
WHEREFORE, Plaintiff requests that this Court enlarge the time for filing a response to
Defendant's Answer by 14 days.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of this document has been
furnished via e-mail this 16'h day of August, 2013 to the following:
Joanne M. O'Connor, Esquire
ioconnorna,ionesfoster.com
Ashlee A. Richman, Esquire
arichmanna,ionesfoster.com
Respectfully submitted,
WILLIAM F. RING, JR. ESQUIRE PA
ATTORNEY FOR PLAINTIFF
Dated: August 16, 2013 /s/ William F. Rine, Jr.
William F. Ring, Jr.
Florida Bar No.: 961795
1280 W. Newport Center Dr.
Deerfield Beach FL, 33432
Telephone: (954) 570 -3510
Fax: (954) 360 -0807
E -Mail: wringAcommerce- eroumcom
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
Joel Chandler,
Plaintiff, CASE NO.: 2013 CA 007789 XXXX MB AN
k'a
The Town of Gulf Stream,
Defendant.
PROPOSED ORDER GRANTING PLAINTIFF'S MOTION TO ENLARGE TIME TO
FILE A RESPONSE TO DEFENDANT'S ANSWER
This cause having come before the Court on Plaintiff's Motion to Enlarge Time to File a
Response to Defendant's Answer filed August 16, 2013, and the Court having considered same
and being otherwise fully advised in the premises, it is
ORDERED AND ADJUDGED that Plaintiff's Motion to Enlarge Time to File a
Response to Defendant's Answer is hereby GRANTED. Plaintiff shall have 14 days from the
date of this Order to file his response with the Clerk of the Court.
DONE AND ORDERED in chambers this , day of 2013.
Circuit Court Judge
Copies furnished to:
Plaintiff
Defendant
Kelly Avery
From: Randolph, John C.
Sent: Tuesday, September 03, 2013 10:10 AM
To: 'Bill Thrasher' (bthrasher @gulf - stream.org); 'Rita Taylor'
Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Bill and Rita,
We need to talk about this settlement and present it at a closed door session of the Town Commission. In
regard to the settlement, are the records requested by Mr. Chandler immediately available so we can provide
them along with whatever sum the Commission decides to pay to settle this matter?
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolplieionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.jQnesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emads are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged
and conEdential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: William Ring [mailto :wring @commerce- group.com]
Sent: Wednesday, August 14, 2013 6:13 PM
To: Randolph, John C.
Cc: Ryan Witmer; William Ring; Richman, Ashlee A.
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Skip:
This email is sent for settlement purposes.
We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit.
After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case:
1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs.
2. Provide the requested records to Mr. Chandler.
3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is
essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true).
Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion
to Transfer.
Let me know your thoughts.
ME
CC: Ashlee Richman, Ryan Witmer
William F. Ring
954 -570 -3510 (ph)
954- 360- 0807(fax)
954- 328 -4383 (cell)
Kelly Avery
From: Matias, Sally
Sent: Wednesday, September 04, 2013 3:12 PM
To: 'Rita Taylor'
Subject: Chandler closed door session
Attachments: 1 H07040- consideration of scheduling closed door session.DOCX
Rita,
Here is the correct language to be included in the September 13, 2013, Town Commission Agenda.
I'm working on the agenda for the closed door session itself.
JONESFOSTER
JuIIFSIUY xSILPBf, P.�.
Sally Matias Secretary to John C. Randolph and H. Michael Easley
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 s_matias a'onesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659-3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by die Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
Consideration of scheduling an Attorney /Client session regarding Joel Chandler vs
Town of Gulf Stream, Case No. 2013 CA 007789 XXXX MB AN, Fifteenth Judicial
Circuit Court in and for Palm Beach County, Florida. Discussion of the matter to begin
immediately following the 5:01 p.m. Budget Hearing on Friday, September 13, 2013, in
the Town Commission Chambers, 100 Sea Road, Gulf Stream, Florida. Attorney /Client
Session Attendees: Mayor Joan Orthwein; Town Commissioners Donna S. White, W.
Garrett Dering, Robert Ganger and Thomas Stanley; Town Manager William H.
Thrasher, Town Attorney John C. Randolph and Court Reporter from Ley & Marsaa
Court Reporters, Inc.
pAdoc \13147 \00024 \doc \1 h07040.docx
Kelly Avery
From: Matias, Sally
Sent: Thursday, September 05, 2013 9:13 AM
To: 'Rita Taylor'
Subject: Agenda for Closed Door Session September 13, 2013
Attachments: 1 H07231- agenda closed door session.DOCX
Rita
Attached is the agenda for the 9/13/13 closed door session.
I will arrange for the court reporter to be there — what time should I tell them 5:30 p.m. ?
JONESFOSTER
fOOSG16V exit PRx.rA.
Sally Matias Secretary to John C. Randolph and H. Nfichael Easley
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 smadas(@jonesfoster.com
,Jones, FosterJohnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. 'Phis email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
TOWN OF GULF STREAM
SPECIAL TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT
TO SECTION 286.011(08), FLORIDA STATUTES
TOWN OF GULF STREAM
TOWN HALL
100 SEA ROAD
AGENDA
FRIDAY, SEPTEMBER 13, 2013
Meeting to commence immediately following the
September 13, 2013, 5:01 p.m. Budget Hearing
CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. MAYOR ORTHWEIN ANNOUNCES:
A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE
TOWN COMMISSION IS ADJOURNING AND COMMENCING A
CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE
OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY
RELATING TO LITIGATION AND EXPENSES IN THE CASE OF JOEL
CHANDLER VS TOWN OF GULF STREAM, CASE NO. 2013 CA 007789
XXXX MB AN, FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY
ONE —HALF HOUR.
C. THOSE PERSONS ATTENDING THE SESSION ARE: MAYOR JOAN
ORTHWEIN; TOWN COMMISSIONERS DONNA S. WHITE, W.
GARRETT DERING, ROBERT GANGER AND THOMAS STANLEY;
TOWN MANAGER WILLIAM H. THRASHER; TOWN ATTORNEY JOHN
C. RANDOLPH; AND COURT REPORTER FROM LEY & MARSAA
COURT REPORTERS, INC.
D. ATTENDEES ASSEMBLE IN CHAMBERS
IV. RECONVENE COMMISSION MEETING
V. ANY OTHER MATTERS
VI. ADJOURNMENT
Kelly Avery
From: Randolph, John C.
Sent: Thursday, September 05, 2013 4:22 PM
To: 'William Ring'
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
M
Please be advised that the offer contained within your email of August 14, 2013, relating to the above
referenced matter, has been scheduled to be heard by the Town Commission at an attorney client closed door
session on Friday, September 13, 2013. The Commission meeting begins at 3:30 p.m. and it will be at that
time that I will ask for the attorney client session. Assuming my request is granted, the session will take place
immediately following the 5:01 p.m. public hearing relating to the budget.
Please give me a call at your convenience so we can discuss this matter further
Thank you.
JOHN C.RANDOLPH
JONESFOSTER
—_ pmssuic esia M.re.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(a)jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South hlagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete die original message.
From: William Ring [mailto :wring @commerce- group.com]
Sent: Wednesday, August 14, 2013 6:13 PM
To: Randolph, John C.
Cc: Ryan Witmer; William Ring; Richman, Ashlee A.
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream
Skip:
This email is sent for settlement purposes.
We need to speak about the Joel Chandler vs. Gulf Stream Public Records Lawsuit.
After discussing the matter with Mr. Chandler, here is what we would like to see happen to settle the case:
1. Pay to us the sum of $2,000.00. This would be for our attorney's fees and costs.
2. Provide the requested records to Mr. Chandler.
3. Withdraw /strike /retract the statements made in your motion and answer which assert that Mr. Chandler is
essentially a puppet of Marty O'Boyle. This was very insulting to Mr. Chandler (and not true).
Unfortunately, time is not our friend. We must, on Friday, file several motions responding to your Answer and Motion
to Transfer.
Let me know your thoughts.
rw
CC: Ashlee Richman, Ryan Witmer
William F. Ring
954 - 570 -3510 (ph)
954- 360- 0807(fax)
954 - 328 -4383 (cell)
Kelly Avery
From: Matias, Sally
Sent: Friday, September 06, 2013 1:22 PM
To: 'stacey @pgmreporting.com'
Subject: Town of Gulf Stream Closed Door Session - September 13, 2013
Attachments: 1 H07231.pdf
Stacey,
Attached is the agenda for the closed door session on September 13, 2013, at the Town of Gulf Stream, 100
Sea Road, Gulf Stream, Florida.
The court reporter should be there at 5:30 p.m.
Thanks
Sally
JONESFOSTER
Sally Matias Secretary to John C. Randolph and 1I. Michael Easley
Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 sma6as(a7onesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561- 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to ad-6se you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
TOWN OF GULF STREAM
SPECIAL TOWN COMMISSION MEETING CALLED BY THE MAYOR PURSUANT
TO SECTION 286.011(08), FLORIDA STATUTES
TOWN OF GULF STREAM
TOWN HALL
100 SEA ROAD
AGENDA
FRIDAY, SEPTEMBER 13, 2013
Meeting to commence immediately following the
September 13, 2013, 5:01 p.m. Budget Hearing
CALL TO ORDER AND ROLL CALL
II. APPROVAL OF AGENDA
III. MAYOR ORTHWEIN ANNOUNCES:
A. PURSUANT TO SECTION 286.011(8), FLORIDA STATUTES, THE
TOWN COMMISSION IS ADJOURNING AND COMMENCING A
CLOSED DOOR ATTORNEY CLIENT SESSION FOR THE PURPOSE
OF DISCUSSING SETTLEMENT NEGOTIATIONS AND /OR STRATEGY
RELATING TO LITIGATION AND EXPENSES IN THE CASE OF JOEL
CHANDLER VS TOWN OF GULF STREAM, CASE NO. 2013 CA 007789
XXXX MB AN, FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR
PALM BEACH COUNTY, FLORIDA
B. THE ESTIMATED LENGTH OF THE SESSION IS APPROXIMATELY
ONE —HALF HOUR.
C. THOSE PERSONS ATTENDING THE SESSION ARE: MAYOR JOAN
ORTHWEIN; TOWN COMMISSIONERS DONNA S. WHITE, W.
GARRETT DERING, ROBERT GANGER AND THOMAS STANLEY;
TOWN MANAGER WILLIAM H. THRASHER; TOWN ATTORNEY JOHN
C. RANDOLPH; AND COURT REPORTER FROM LEY & MARSAA
COURT REPORTERS, INC.
D. ATTENDEES ASSEMBLE IN CHAMBERS
IV. RECONVENE COMMISSION MEETING
V. ANY OTHER MATTERS
VI. ADJOURNMENT
I
CLOSED -DOOR SESSION O RI'G INA L
TOWN OF GULFSTREAM
TOWN OF GULFSTREAM
TOWN HALL
SEPTEMBER 13, 2013
6:10 P.M. to 6 :35 p.m.
IN ATTENDANCE:
MAYOR JOAN ORTHWEIN
DONNA S. WHITE, Commissioner
W. GARRETT DERING, Commissioner
ROBERT GANGER, Commissioner
THOMAS STANLEY, Commissioner
WILLIAM THRASHER, Town Manager
JOHN C. RANDOLPH, Town Attorney
JULIE ANDOLPHO, Court Reporter
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
2
1 MR. RANDOLPH: I just wanted to announce that
2 this is a closed -door session pursuant to Florida
3 statute.
4 Even though it's a closed -door session as you
5 can see from the presence of the court reporter
6 there's a transcript of this meeting being made,
7 and that transcript becomes public upon settlement
8 of the lawsuit or any appeals connected therewith.
9 I would ask, because this is being
10 transcribed, you speak one at a time so that all
11 your comments can be made part of the record.
12 I would further ask that you keep in mind,
13 because this is a public record afterwards, that
14 you not say anything at this meeting that you would
15 not want to see in the press or have read by
16 someone else after the meeting.
17 It's closed door because I asked your advice
18 with regard to a proposed settlement agreement, and
19 that settlement agreement has been put before you.
20 Basically, it's to pay -- this is the last public
21 records lawsuit pending. All the others have been
22 dismissed.
23 Joel Chandler had his own -- excuse me --
24 question?
25 MR. DERING: Question, I really don't know
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
3
1
what this is all about. Can you tell us what the
2
suit is about?
3
MR. RANDOLPH: Um'hum.
4
MR. DERING: Okay.
5
MR. RANDOLPH: The proposal in this remaining
6
lawsuit is to pay the sum of $2,000 which would be
7
for their attorney fees and costs and to provide
8
the records that were requested to Mr. Chandler,
9
and they say in here to withdraw or strike
10
statements made in our motion and answer which is
11
Mr. Chandler is essentially a puppet of Marty
12
O'Boyle. And it says this was insulting to
13
Mr. Chandler.
14
This was a public records lawsuit that was
15
filed as a result of Mr. Chandler coming in along
16
with Mr.O'Boyle and I believe one other person.
17
MR. THRASHER: Correct.
18
MR. RANDOLPH; I believe there were three
19
people that came in.
20
Mr. Chandler asked for certain public records
21
which Rita left the room and made, and upon her
22
return she presented him a bill for 15 cents per
23
copy and a bill for her labor in the amount of, I
24
think, $3.50, something like, that is set forth in
25
the complaint.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
4
1 He challenged her there at that time and said
2 you're not entitled to charge me 15 cents a page
3 and you're not entitled to charge for the labor
4 under the statute. She basically, allegedly, said
5 that, well, I prepared the records for you in
6 response to your request, they're here if you want
7 them. He -- then he left.
8 Subsequently he filed a public records request
9 which was filed by William Ring who also represents
10 and represented Mr.O'Boyle and stated that the Town
11 was violating the public records law by charging
12 more than the statutory rate. His claim was that
13 you can't charge 15 cents per page you can only
14 charge cost of duplication for the copies that he
15 received which were 11 by 17. They were oversized
16 copies and the statute states that for oversized
17 copies you can only charge the cost of duplication.
18 He claims cost and duplication was less than 15
19 cents per page.
20 There's an argument to be made in regard to
21 what the statute means there. Some contend the
22 statute means he's charged 15 cents a page for
23 regular sized copies but you can charge more for
24 oversized copies. But that's not the way the
25 statute reads. It says you can only charge actual
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
E
1
cost of duplication for oversized copies. That's
2
one of the issues in the lawsuit. The other issue
3
in the lawsuit is she shouldn't have charged for
4
her labor costs because it didn't really require
5
extra -- extraordinary costs of her labor time.
6
She felt it did because she felt it was a
7
cumulative kind of thing attached to other public
8
records requests that were made.
9
We did file a response to this and argued in
10
our response that Mr. Chandler -- we did not say in
11
our response that Mr. Chandler was a puppet of
12
Mr. O'Boyle.
13
The response basically said that we feel that
14
he was here with Mr.O'Boyle and Rita felt that this
15
was all part of Mr. O'Boyle's public records
16
request and therefore filed a response saying that
17
and that's why she felt justified in charging a
18
labor charge because she felt that this was a
19
cumulative charge.
20
If we go to -- if we go to court on this it's
21
going to cost you much more than $2,000.
22
Mr. Chandler, by the way, has filed several of
23
these kinds of public records lawsuits throughout
24
the state. His name is well -known in communities
25
throughout the state where he's filed similar
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
G
1 public records requests. Several communities have
2 settled with him on a financial basis, some for
3 less money.
4 What I'm asking today is for me to have the
5 authority to -- if you approve it -- to go ahead
6 and settle for up to the $2,000. What I'd like to
7 do is to have the opportunity to negotiate for a
8 lesser amount and see whether or not that is
9 acceptable.
10 You cannot settle a case in a setting like
11 this. You have to settle a case in a public
12 setting. You do not make motions at this meeting
13 today to settle this case. You can give me
14 direction to negotiate to settle along the terms
15 that are suggested in here.
16 The public records themselves, which is listed
17 at Item 2, have been made, and those public records
18 will be provided to Mr. Chandler.
19 The sum of $2,000 could be paid subject to
20 your giving me direction to do that. I can't tell
21 you how much the -- if we go to court it may cost
22 you $10,000 to settle this case.
23 Another way to handle it would be to just
24 admit the allegations in the complaint.
25 Quite frankly, I think the $2,000 is a little
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
7
1
bit high for just having filed the complaint
2
particularly in light of the fact that several of
3
these complaints were being filed at the same time
4
and I think this was fairly boilerplate.
5
Mr. Ring has stated he kept his fees low in
6
order to be able to settle this case.
7
I think it's reasonable to get this last
8
public records case off our plate, and I would like
9
to have the opportunity to negotiate up to $2,000
10
to do so.
11
Item 3, I don't know how to withdraw, strike
12
or retract the statements that were made in our
13
motion and answer. They're part of the court
14
record and I can't -- I can't get rid of what's
15
already part of the record. So I don't know
16
whether he's seeking some sort of an apology from
17
us or not. We were just basically setting forth
18
our best affirmative defense to the complaint.
19
I'm happy to answer any questions that you may
20
have.
21
MR. GANGER: I have a couple of questions
22
which are mystifying to me.
23
Mr. Ring is Mr.O'Boyle's attorney and Brian
24
Whitmer worked for Mr.O'Boyle and was also named
25
and he withdrew his suit.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
8
1 MR. THRASHER: Brian Whitmer is the third
2 person --
3 MR. RANDOLPH: He was the third person there
4 and he did dismiss his lawsuit. But when we did
5 this settlement we had agreed that Mr. Chandler was
6 separate and apart from the O'Boyle lawsuits.
7 MR. GANGER: I remember that.
8 MR. RANDOLPH: And, therefore, that one
9 remained. It's unfortunate that it did. it would
10 have been nice to get rid of all of them at once.
11 Nevertheless, this is hanging on and Mr. Chandler
12 is claiming he has no relationship to Mr.O'BOyle.
13 It is interesting.
14 I've stated the fact that Mr.o'BOyle's lawyer
15 filed the complaint on his behalf. Mr. Chandler
16 contends that he was separate and apart and didn't
17 have anything to do with Mr.o'Bcyle's public
18 records request.
19 MR. STANLEY: Skip, what -- I'll go first --
20 what are the damages to the Town that we -- on
21 these types of cases if you either, you know, you
22 admit the items in the complaint and then there's a
23 judgment, if you will, entered against the Town?
24 MR. RANDOLPH: None other than the fact that
25 we have to pay attorney's fees and costs.
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
I
1
MR. STANLEY: Basically whatever accrues at
2
that time it's just what is justifiable before the
3
judge we would be responsible to pay with the
4
judgment which ultimately could be less than what
5
you could settle for, maybe.
6
MR. RANDOLPH: Maybe.
7
MR. STANLEY: Maybe.
8
MR. RANDOLPH: He can charge for the cost of
9
having an attorney come in and testify as to
10
attorney's fees.
11
MR. STANLEY: An award of fees and costs in
12
other words?
13
MR. RANDOLPH: Yes.
14
MR. STANLEY: That's the answer to my
15
question.
16
MR. RANDOLPH: And a judgment that's against
17
the Town of Gulfstream in the public records case
18
which is published.
19
MR. STANLEY: Obviously. No one ever wants
20
121
any judgments, so I understand.
MR. DERING: You may have said it but I missed
22
it, how many pages did he ask the staff to copy?
23
MR. RANDOLPH: Oh, gosh. I did not say it but
24
I have my file here on the case.
25
MR. DERING: Better yet, what was the total
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
10
1 bill at 15 cents?
2 MR. RANDOLPH: "Plaintiff sought to obtain by
3 personal delivery of written request to Rita
4 Taylor, the Town clerk and records custodian,
5 copies of all plans which are 11 by 17 in size and
6 of which are in regard to application Number 1 on
7 the agenda of the Town commission meeting dated
8 April 12, 2013 for the premises known as 3211 North
9 ocean Boulevard. Town clerk acknowledged receipt
10 of the request and informed plaintiff that the
11 request would take approximately 10 minutes to
12 fulfill. Approximately ten minutes later the Town
13 clerk returned with copies of the requested
14 documents. The Town clerk demanded $6.95 as a
15 condition of access to the public records. The
16 calculation of 6.95 included a charge of 15 cents
17 per 11 by 17 page in addition to a charge for the
18 time spent to retrieve copy and refile the public
19 records." It does not have a breakdown of the
20 number of pages.
21 MR. DERING: I guess I could have asked
22 separately what was the charge.
23 Did she offer at anytime to say, well, if you
24 don't want to pay for them well argue that later,
25 but here they are?
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
11
1
MR. RANDOLPH: No. It's my understanding that
2
she did not. He just left without the records.
3
MR. DERING: So we didn't offer, okay. In any
4
of these -- whatever you call them
5
MR. RANDOLPH; Public records --
6
MR. DERING: -- no. In your answer to his
7
suit, or whatever, did we ever -- is the word
8
puppet in there anywhere?
9
MR. RANDOLPH: No.
10
MR. DERING: Why is he making this claim?
11
MR. RANDOLPH: He's using his own word to
12
describe the manner in which we filed our answer.
13
I'll tell you what we said exactly. "The Town.
14
averse that it is the Town's reasonable belief that
15
the public records request that is the subject of
16
this action was filed at the direction of Martin
17
O'Boyle. The Town averse in support of this belief
18
the following facts: At the time plaintiff brought
19
the public records request to the Town he was
20
accompanied by O'Boyle who was delivering his own
21
request at the time and another associate of
22
O'Boyle, Ryan Whitmer, who was also delivering a
23
request that the Town believes was submitted at the
24
direction of O'Boyle. The address listed on the
25
public records request is the same address provided
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
12
1 by O'Boyle for the request that he had submitted to
2 the Town. The attorney of record for plaintiff is
3 also the attorney of record for four other actions
4 brought against the Town by or at O'Boyle's
5 direction with respect to various public records
6 request." And then, the Town averse that more than
7 400 public records requests had been filed, that
8 the Town has produced thousands of pages in
9 response. The about Town averse that the Town
10 staff," blah,'blah, blah, "The Town averse that the
11 records custodian was under the impression that the
12 request submitted by O'Boyle, Ryan Whitmer and
13 plaintiff could be treated as cumulative requests
14 for purpose of charging for extensive use of
15 resources." So that's -- the word puppet was never
16 used.
17 What I'd like to do is go back to Mr. Ring and
18 negotiate a figure with him up to the amount
19 requested unless you just say that you're not
20 willing to go up to $2,000 and the alternative is
21 we either go to court, which is not a good way to
22 go because of the expense, or we file some sort of
23 a statement admitting all of the allegations in the
24 complaint and leaving the matter of attorney fees
25 up to the court. That's still going to cost us
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
13
1
extra money, so I'd like --
2
MR. DERING: No question about that. I
3
guess -- I guess the issue is somewhere -- I
4
understand settlement is a whole lot cheaper, but
5
the issue is if we keep doing this how many keep
6
coming out of the woodwork?
7
MR. RANDOLPH: Well, we feel like we have a
8
pretty good handle on public records request at
9
this time, at least a better handle. There are
10
many more public -- I mean, Bill, you can talk at
11
this meeting -- but there have been -- I'm not
12
asking you to talk, I'm just telling you that --
13
there have been other public records requests filed
14
since this time by other groups including Mr.
15
O'Hare who was here, and including others who we
16
don't know who they represent. They might just be
17
people who are following in the footsteps of
18
Chandler to attempt to file a case and get a
19
monetary settlement like is being requested here.
20
But we do have a paralegal, it's actually a law
21
student, who is coming into Town Hall at a very low
22
rate to assist with the public records thing. So
23
we feel like we have a better handle on this than
24
we did back then when all of these were being --
25
were being filed. Our hope is that if we do that
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
14
1 we can avert future public records request lawsuits
2 by complying exactly with the law as it relates to
3 these things. Now that's not a guarantee that
4 someone is not going to allege that they got some
5 rights to these records and that we may have some
6 disagreement on. But anything you do I suppose
7 could -- could cause a precedent if they see you
8 settled just like any other suit you file may cause
9 a precedent -- that you settle. $2,000 in this
10 case is --
11 MR. GANGER: Your knowledge base probably
12 isn't any different than mine with respect to Mr.
13 O'Boyle's filing of a lawsuit against the county
14 for a $1.89 charge. Is that -- is the County going
15 to -- according to the newspaper the county said
16 that they, you know, will take that one on. Is
17 there any precedent in what the county is doing
18 that could be helpful to us in anyway?
19 MR. RANDOLPH: In regard to -- let me just say
20 something. This hearing today has to strictly
21 relate to the settlement that's before you.
22 MR. GANGER: Okay.
23 MR, RANDOLPH: We should not have discussions
24 in regard to other suits -- other matters.
25 MR. GANGER: I understand that.
PLEASANTON, GREENHILL, MEEK & NARSAA
561/833.7811
15
1
MR. RANDOLPH: I ask if you want to talk about
2
what they might be doing or if there's anything
3
helpful in that regard that we -- that we discuss
4
that at another time.
5
MR. GANGER: Okay, fine. I withdraw the
6
question.
7
MAYOR ORTHWEIN: I would like to point out
8
that we do have Trey, he's a law student, and Keith
9
is very familiar with public records requests on
10
board now. We are handling things in a much more
11
appropriate way going forward.
12
MR. DERING: We have them available. The
13
issue is he didn't want to pay 15 cents. He wanted
14
to pay whatever the actual cost is which nobody
15
knows.
16
MR. RANDOLPH: I think he alleged it was more
17
like 7 or 8 cents, something like that. The fact
18
is -- I'm not sure -- unless you want to go in and
19
fight this case which would cost you a lot more
20
than $2,000, I'm not sure the -- that it serves
21
very much purpose for us to discuss whether we're
22
right or they were right in regard to this public
23
records request. I think we got some, you know, we
24
got some good arguments to make in court, but
25
that's not the issue before you today if you don't
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
M.
1 want to go to court and spend money paying me to go
2 to court and possibly pay their attorney fees. The
3 issue today is if you want to get rid of this one
4 and move on.
5 MR. DERING: The issue is if we got any holes
6 in our case or we're pretty ironclad in your
7 opinion legally then you still got to make the
8 judgment --
9 MAYOR ORTHWEIN: I appreciate all your
10 comments, but under the situation -- the situation
11 we're dealing with and everything that happened
12 with the public records request this summer I think
13 it's -- it would be prudent on our part to give
14 Skip the direction to pay up to 2,000 and try to
15 settle for less. We have everything in place now
16 to deal with public records requests. It was
17 unfortunate we got into this situation but we did,
18 and I think we need to move forward and not tie up
19 and pay more legal fees trying to fight something.
20 That is my opinion.
21 MR. GANGER: I completely --
22 MR. DERING: I'm not here saying we should
23 fight it. I'm here because -- it's got nothing to
24 do with this, but I've seen these types of things
25 happen before and you keep doing it, guess what,
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
17
1
they keep coming at you. They're paying attorney
2
fees if
we win?
3
MR.
RANDOLPH: No.
4
MR.
DERING: No?
5
MR.
RANDOLPH: No. We have to pay their
6
attorney
fees.
7
MR.
DERING: If we win?
B
MR.
RANDOLPH: Right.
9
MAYOR
ORTHWEIN: This is something that -- I
10
don't --
11
MR.
DERING: Excuse me a minute. If we go to
12
court we
pay our attorney fees --
13
MR.
RANDOLPH: I don't think so --
14
MR.
DERING: -- and we pay their attorney fees
15
even if
we win?
16
MR.
RANDOLPH: I think the statute provides,
17
and I'll
have to look at it and get back to you,
16
but I think
the statute provides -- I don't think
19
it says
the prevailing party gets attorneys fees.
20
I think
it says in the event that the person filing
21
the public
records request prevails that they're
22
entitled
to their attorney fees.
23
MR.
DERING: So if they prevail we pay their
24
attorney's
fees. If they don't we pay ours and
25
they pay
theirs?
PLEASANTON, GREENHILL, MEEK & MARSAA
561/633.7611
18
1 MR. RANDOLPH: Yes.
2 MR. DERING: Excuse me, I just wasn't clear.
3 MAYOR ORTHWEIN: That's fine if you want to
4 clarify that.
5 MR. GANGER: Joan, you made the point, and
6 it's a point well taken. This is one you want
7 behind you. I'm 100 percent confident Skip will do
8 his damnedest to get a fair settlement. I think
9 $2,000 is an outrageous amount of money for what --
10 for this purpose. I would start lower and
11 authorize you to go to $2,000 and do it quickly.
12 As you say here, time is not our friend and --
13 MR. RANDOLPH: That was his letter.
14 MR. GANGER: I understand. But I think -- I
15 understand where he is, too. This could drag out
16 and cost more and more money and more angst and
17 everything else.
18 MR. RANDOLPH: I will use my discretion in
19 regard to Item 3. I told Bill Ring we can't redact
20 something that's already filed in the court. So he
21 may ask for a -- something else. But if he does
22 I'll have to come back to you. Remember, whatever
23 happens in regard to the settlement has got to be
24 done in public, so if there's a -- a nuance to this
25 that I haven't presented to you today I would come
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
19
1
back to you in another short closed -door session
2
and tell you what happened and then we can settle
3
at the public meeting after.
4
If it's your consensus today that you give me
5
the authority to negotiate up to $2,000 on this
6
settlement I will do that and then when you resume
7
at your public part of the meeting there's nothing
e
to announce because you haven't settled yet, but
9
you could say we had the meeting, we've given
10
Mr. Randolph direction in regard to how to proceed
11
period. That's what you would do at the public
12
meeting and then you would adjourn.
13
MR, GANGER: Just for facts, because if
14
somebody reads this in the public record, is this
15
gentleman who brought this a resident or
16
representing a resident?
17
MR. RANDOLPH: No. No, he's not a resident.
18
MR. GANGER: I personally -- that's germane to
19
me.
20
MS. WHITE: Do you know his profession?
21
MR. RANDOLPH: He's an attorney --
22
MS. WHITE: He's an attorney --
23
MR. RANDOLPH: -- maybe he's not.
24
MR. THRASHER: I do not believe he is. This
25
is how he makes his money he and his brother.
PLEASANTON, GREENHILL, MEEK a MARSAA
561/833.7811
20
1 MR. RANDOLPH: What's the name of the
2 organization?
3 MR. THRASHER: Fogwatch, one word.
4 MR. RANDOLPH: You're right, he's not an
5 attorney.
6 If there's not -- there should be a bullet
7 here, but if it's the consensus that we proceed as
6 Mr. Ganger has suggested to allow me to negotiate
9 to resolve this lawsuit and get a dismissal and
10 releases up to $2,000 I will go ahead and do that
11 unless I hear something from you to the contrary.
12 MAYOR ORTHWEIN: I'm in agreement with that,
13 obviously, that's what I stated.
14 MR. STANLEY: I'm in agreement.
15 MR. RANDOLPH: Okay. We can adjourn this
16 closed door session at this point. This meeting
17 will terminate. We'll go back into public session.
1s If there's still members of the public that are
19 waiting we should ask them to come in.
20 MR. GANGER: I don't believe there are. Rita
21 has to come back for the adjournment.
22 MAYOR ORTHWEIN: We're adjourned.
23 (Whereupon the session is concluded at 6:35 p.m.)
24
25
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833.7811
CERTIFICATE OF REPORTER
STATE OF FLORIDA )
COUNTY OF LtA, 11%kC' 1 ( )
I, JULIE ANDOLPHO, Court Reporter, certify
that I was authorized to and did stenographically
report the foregoing proceedings and that such
transcription, Pages 1 through Zl , herein is a true
and accurate record of my stenographic notes.
I further certify that I am not a relative or
employee or attorney or counsel of any of the
parties, nor a relative or employee of such attorney
or counsel, or financially interested, directly or
indirectly, in this action.
The certification does not apply to any
reproduction of the same by any means unless under the
direct control and /or direction of the reporter.
Dated this I(,( ay of 2013.
Court Reporter.
$1,89 14:14
$10,000 6:22
$2,000 3:6 5:21
6:6,19,25 7:9
12:20 14:9
15:20 18:9,11
19 :5 20:10
$3.50 3:24
$6.95 10:14
1
1 10:6 21:7
10 10:11
100 18:7
11 4:15 10:5,17
12 10:0
13 1:6
15 3:22
4:2,13,10,22
10:1,16 15:13
15th 21:20
17 4:15 10:5,17
2
2 6:17
2,000 16:14
2013 1:6 10:8
21:20
21 21:7
3
3 7:11 18:19
3211 10:8
4
400 12:7
6
6.95 10:16
6:10 1:6
6:35 1:6 20:23
7
7 15:17
8
B 15:17
A
able 7:6
acceptable 6:9
access 10:15
accompanied 11:20
according 14 :15
accrues 9:1
acknowledged 10:9
action 11:16
21:13,14
actions 12:3
actual 4:25 15:14
actually 13:20
addition 10:17
address 11:24,25
adjourn 19:12
20:15
adjourned 20:22
adjournment 20:21
admit 6:24 8:22
admitting 12:23
advice 2:17
affirmative 7:iB
afterwards 2:13
against 8:23 9:16
12:4 14:13
agenda 10:7
agreed Bt5
agreement 2:18,19
20:12,14
ahead 6:5 20:10
allegations 6:24
12:23
allege 14:4
alleged 15:16
allegedly 4:4
allow 20:8
already 7:15
18:20
alternative 12:20
am 21:10,11,13
amount 3:23 6:8
12:18 18:9
and /or 21:17
Andolpho i :le
21:4,22
angst 13:16
announce 2:1 19 :B
answer 3 :10
7:13,19 9:14
11:6,12
anything 2:14
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anytime 10:23
anyway 14:18
anywhere 11:8
apart 8:6,16
apology 7t16
appeals 2:8
application 10:6
apply 21:16
appreciate 16:9
appropriate 15:11
approve 6:5
approximately
10:11,12
April 10:8
argue 10:24
argued 5:9
argument 4:20
arguments 15 :24
assist 13:22
associate 11:21
attached 5:7
attempt 13:18
ATTENDANCE 1:10
attorney 1:17 3:7
7:23 9:9
12:2,3,24 16:2
17:1,6,12,14,22
19:21,22 20:5
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attorney's 8:25
9:10 17:19,24
authority 6:5
19 :5
authorize 18 :11
authorized 21:5
available 15:12
averse 11:14,17
12:6,9,10
avert 14:1
award 9:11
B
base 14:11
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behalf 0:15
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belief 11:14,17
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19 :24 20:20
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best 7:18
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bit 7:1
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Boulevard 10:9
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Brian 7:23 B:1
brother 19 :25
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C
calculation 10 :16
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6:10,11,13,22
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Chandler 2:23
3:8,11,13,15,20
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clarify le :4
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clerk
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closed -door 1:1
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comments 2:11
16:10
commission 10:7
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cost 4:14,17,18
5:1,21 6:21 9:8
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costs 3:7 5:4,5
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disagreement 14:6
discretion 18:18
discuss 15:3,21
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dismiss 8:4
dismissal 20:9
dismissed 2:22
documents 10:14
done 18:24
counsel 21:11,12 1 DONNA 1:12
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D
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dated 10:7
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deal 16:16
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defense 7:18
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DERING 1:13 2:25
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F
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fees 3:7 7:5 8:25
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16:2,19
17:2,6,12,14,19
PLEASANTON, GREENHILL, MEEK & MARSAA
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financial 6:2
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fine 15:5 18:3
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Florida 2:2 21:2
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G
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H
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hand 21:20
handle 6t23
13:8,9,23
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happen 16:25
happened 16:11
19:2
happens 18:23
happy 7:19
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19 :8
having 7:1 9:9
hear 20:11
hearing 14:20
helpful 14:18
15:3
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hereunto 21:19
he's 4:22 5:25
7:16 11:11 15:8
19:17,21,22,23
20:4
high 7:1
holes 16:5
hope 13:25
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13:1
I'll 8:19 11:13
17:17 18:22
I'm 6:4 7:19
13 :11,12
15:18,20
16:22,23 18:7
20:12,14
impression 12:11
included 10:16
including
13:14,15
inclusive 21:7
informed 10:10
insulting 3:12
interested 21:13
interesting 8:13
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isn't 14:12
issue 5:2 13:3,5
15:13,25 16:3,5
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18:19
items 8:22
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9:2 11:1 13:20
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19:4 20:7
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J
Joan 1:11 18:5
Joel 2:23
JOHN 1:17
judge 9:3
judgment 8:23
9:4,16 16:8
judgments 9:20
Julie 1:18
21:4,22
justifiable 9:2
justified 5:17
K
Keith 15:8
kinds 5:23
knowledge 14:11
known 10:8
L
labor 3:23 4:3
5:4,5,18
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8:4 14:13 20:9
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16:15
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little 6:25
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low 7:5 13:21
lower 18:10
M
Manager 1:16
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Martin 11:16
Marty 3:11
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19:23
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20:12,22
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meeting 2:6,14,16
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19:3,7,9,12
20:16
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mine 14:12
minute 17:11
minutes 10:11,12
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monetary 13:19
money 6:3 13:1
16:1 18:9,16
19:25
GREENHILL, MEEK & MARSAA
561/833.7811
Page 3 of 5
motion 3:10 7:13
motions 6:12
move 16:4,18
Mr.O'Boyle 3:16
4:10 5:14 7:24
8:12
Mr.O'Boyle's 7:2
8:14,17
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N
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0
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8:6
11:17,20,22,24
12:1,12
O'BOyle's 5:15
12:4 14:13
obtain 10:2
obviously 9:19
20:13
Ocean 10:9
offer 10:23 11:3
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14:22 15:5
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7:9
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18:25
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20:7
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14:1,5 15:9,23
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report 21:5
reporter 1:18 2:5
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represent 13:16
represented 4:10
representing
PLEASANTON, GREENHILL, MEEK & MARSAA
561/833,7811
Page 4 of 5
19:16
represents 4:9
reproduction
21:16
request 4:6,8
5:16 8:18
10:3,10,11
11:15,19,21,23,
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18:7
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spend 16:1
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STANLEY 1:15 8:19
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20:14
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state 5:24,25
21:2
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statements 3:10
7:12
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4:4,16,21,22,25
17:16,18
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12:1,12
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20:8
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terms 6:14
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14:3,21 15:25
18:3,20
19:11,18 20:13
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19:7 20:6,18
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THOMAS 1:15
thousands 12:8
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9:17
10:4,7,9,12,14
11:13,17,19,23
12:2,4,6,8,9,10
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Violating 4:11
PLEASANTON, GREENHILL, MEEK & 14ARSAA
561/833.7811
Page 5 of 5
W
waiting 20:19
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Whereupon 20:23
whether 6:6 7:16
15:21
WHITE 1:12
19:20,22
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11:22 12:12
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William 1:16 4 :9
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15:5
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woodwork 13:6
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written 10:3
Y
yet 9:25 19:8
Kelly Avery
From:
William Ring <wring @commerce - group.com>
Sent:
Monday, September 23, 2013 2:00 PM
To:
Randolph, John C.
Cc:
William Ring; Ryan Witmer
Subject:
Joel Chandler Settlement - Request #333
Attachments:
img- 923093029- 0001.pdf
Skip:
Following our call today, we would be willing to reduce our demand from $2000.00 to $1500.00 (a 25% reduction!)
As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the
direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up.
We would accept a statement in the voluntary dismissal that "The Town hereby retracts the assertions in the Answer,
and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or
entity." Something like that.
The amount above assumes we spend no more time on the file.
119
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954 - 570- 3510(ph)
954- 360- 0807(fax)
954- 328 -4383 (cell)
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. 'CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
ANSWER TO COMPLAINT
Defendant, THE TOWN OF GULF STREAM (the "Town" or the "Defendant "), by
and through undersigned counsel, hereby answers and asserts Defenses to the Verified
Complaint to Enforce Florida's Public Records Act and for Declaratory and Monetary
Relief (the "Complaint") filed by the Plaintiff, JOEL CHANDLER ( "Chandler" or the
"Plaintiff "). As to each paragraph alleged in the Complaint, the Town responds as
follows:
1. The Town denies that Plaintiff's civil rights have been violated, but admits
that this action concerns Plaintiff's allegations that Defendant has violated Chapter 119,
Florida Statutes (2012) (the "Public Records Act ").
2. The Town admits the allegation in paragraph 2 that the Complaint seeks
declaratory and monetary relief.
3. The Town admits that the Complaint seeks the relief specified in
Paragraph 3, but denies that Plaintiff is entitled to the requested relief.
only.
Jurisdiction and Venue
4. The Town admits the allegation in paragraph 4 for purposes of jurisdiction
1
0
only.
5. The Town admits the allegation in paragraph 5 for purposes of jurisdiction
6. The Town admits the allegation in paragraph 6 for purposes of venue only.
The Parties
7. The Town admits the allegation in paragraph 7.
8. The Town admits the allegation in paragraph 8.
9. The Town admits the allegation in paragraph 9.
10, The Town admits the allegation in paragraph 10.
Florida's Public Records Act
11. The Town admits the allegation in paragraph 11.
12. The Town admits the allegation in paragraph 12.
13. The Town admits the allegation in paragraph 13.
14. The Town admits the allegation in paragraph 14.
15. The Town admits the allegation in paragraph 15.
Factual Background
16. The Town admits the allegation in paragraph 16.
17. The Town admits the allegation in paragraph 17.
18. The Town admits the allegation in paragraph 18.
19. The Town admits the allegation in paragraph 19.
20. The Town admits the allegation in paragraph 20.
21. The Town admits that Plaintiff was offered all requested documents at a
charge of $0.15 per page.
2
Count I- Unlawful Withholding of Public Records
22. The Town incorporates its responses to allegations In paragraphs 1 -21.
23. The Town admits that paragraph 23 is an accurate restatement of the law.
24, The Town admits the allegation in paragraph 24.
25. The Town admits the allegation in paragraph 25.
26, The Town admits that the allegation in paragraph 26 is an accurate
restatement of the law.
27. The Town admits that the actual cost of duplication of 11 x 17 copies is
less than $0.15 per page.
28. The Town denies the allegation in paragraph 28 as it states a legal
conclusion.
29. The Town admits that a fee was requested for production of documents.
30. The Town admits that the allegation in paragraph 30 is an accurate
restatement of the law.
31. The Town admits that ten minutes to fulfill a request is not extensive
pursuant to Section 119.07(4)(d), but denies the remainder of paragraph 31.
Count II- Unlawful Withholding of Public Records
32. The Town incorporates its responses to allegations in paragraphs 1 -21.
33. The Town denies the allegation in paragraph 33.
34. The Town admits that Plaintiff stated he would pay the statutorily
authorized fee for the public records but denies that Plaintiff provided the Town with any
financial compensation for the production of records.
35. The Town admits the allegation in paragraph 35.
101
36. The Town admits the allegation in paragraph 36.
37. The Town admits that paragraph 37 is an accurate restatement of the law.
38. The Town admits that the Plaintiff has a legal right to public records but
denies the allegation in paragraph 38 to the extent that it implies the Town has not
performed its duty under the Public Records Act adequately.
39. The Town admits that Plaintiff is entitled to a hearing, but denies the
necessity of an immediate hearing.
40. The Town denies the allegations in paragraph 40.
Attorney's Fees
41. The Town admits that the allegation in paragraph 41 is an accurate
reflection of the law but denies that Plaintiff is entitled to attorney's fees.
Relief Requested
42. The Town denies that Plaintiff is entitled to a judgment in its favor or for
any relief whatsoever, including the relief requested in paragraphs (a) -(e).
DEFENSES
43. In further response to the allegations above, the Town avers that, in all
respects, Plaintiff is not entitled to any relief.
44. The Town avers that it is the Town's reasonable belief that the Public
Records Request that is the subject of this action was filed at the direction of Martin E.
O'Boyle ('O'Boyle "). The Town avers in support of this belief the following facts:
a. At the time Plaintiff brought the Public Records Request to the Town,
he was accompanied by O'Boyle (who was delivering his own request
at the time), and another associate of O'Boyle, Ryan Witmer (who was
2
also delivering a request that the Town believes was submitted at the
direction of O'Boyle).
b. The address listed on the Public Records Request is the same address
provided by O'Boyle for the requests that he has submitted to the
Town.
c. The attorney of record for Plaintiff is also the attorney of record for four
other actions' brought against the Town by or at O'Boyle's direction
with respect to various public records requests.
45. The Town avers that more than four hundred (400) public records
requests have been filed by or at the direction of Martin E. O'Boyle since March 2013.
46. The Town avers that the Town has produced thousands of pages in
response to the numerous public records requests filed by or at the direction of O'Boyle.
47. The Town avers that the Town has a staff of only. four (4) people, not
including law enforcement and fire personnel.
48. The Town avers that the record custodian who received the subject Public
Records Request from Plaintiff was under the impression that the requests submitted by
O'Boyle, Ryan Witmer, and Plaintiff could be treated as cumulative requests for
purposes of charging for extensive use of resources?
1 The Town is moving to have the five actions (including the underlying action) brought by or at the
direction of O'Boyle with attorney William F. Ring as the attorney of record transferred to and
consolidated In the division of the oldest action (Judge Peter D. Blanc's Division).
2 Though numerous requests at the direction of an individual may be viewed for their cumulative impact in
evaluating whether an agency's response time was reasonable, there is no case law that specifically
allows for requests to be treated as cumulative for purposes of assessing costs for extensive time to
respond. See Lang v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Cir. Ct. Oct. , 1995),
affirmed per cunam, 675 So. 2d 947 (Fla. 5th DCA 1996), in which court rejected the
the circuit c
petitioner's claim that the agency should have produced records within 10, 20 and t day periods. The
court considered the plaintiffs numerous (19) public records requests and found the agency's response to
5
49. The Town avers that the records custodian was also under the good faith
impression that fifteen cents (the statutory fee for copies that are 14 inches by S
inches) could also be charged as the statutory fee for the records produced for Plaintiff
on larger paper (11 x 17 inches). The Town further avers that when the records
custodian offered the documents for payment after fulfilling Plaintiffs request, Plaintiff
simply responded that he would pay "the statutory amount ", and did not explain further
before leaving the Town Hall.
50. The Town avers that the records custodian made an error in good faith, of
which the Plaintiff was aware but did not explain- choosing instead to file an otherwise
unnecessary legal action against the Town.
51. The Town avers that, having learned of the records custodian's good faith
mistake, the Town will produce the requested documents to Plaintiff upon payment of
the statutory amount, including costs of staff time as a special service charge .3
52. The Town avers that, should Plaintiff elect not to procure the documents
that the Town has produced and is holding for Plaintiff, the Town is authorized to bill
Plaintiff for the actual cost of copying and producing the records.
I HEREBY CERTIFY that a copy of the foregoing has been furnished by e-mail
this 22nd day of July, 2013 to the following:
be reasonable in light of the cumulative Impact of the requests and the fact that the requested records
contained exempt and nonexempt information, requiring considerable time to review and redact
' Tor the purposes of satisfying a public records request, the fee to be charged by an agency if it elects to
provide a copy of a public record in a medium that is not routinely used by the agency ...must be In
accordance with s.119.07.74, F.S. (authorizing imposition of a special service charge if excessive
Information technology resources or labor are required)." Government -in- the - Sunshine Manual, First
Amendment Foundation, p. 149 (2012).
11
William F. Ring, Jr., Esquire
1280 W. Newport Center Dr,
Deerfield Beach, FL 33432
wrin.g(&COmmerce -group com
p:d0W \1314T0002Ap1d11 gr2833.dou
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
Attorneys for Defendant
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
561 -659 -3000
By: /s/ Ashlee A. Richman
Joanne M. O'Connor, Esquire
Florida Bar No. 0498807
ioconnor@ionesfoster.com
Ashlee A. Richman, Esquire
Florida Bar No. 0091609
arichman@ionesfoster.com
7
Kelly Avery
From: Randolph, John C.
Sent: Wednesday, September 25, 2013 9:50 AM
To: 'William Ring'
Subject: RE: Joel Chandler Settlement - Request #333
M.
The Commission approved the payment of the $1,500.00 in settlement of this case, along with providing the
records requested and incorporating language in the dismissal along the lines of what you suggested in your
most recent email. Additionally, we need to exchange releases. How do you wish to proceed? Would you like
to prepare a Notice of Voluntary Dismissal with prejudice for my review? Please let me know.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
301 INN I UC Y S I CMHS. I'.A.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolph(aljonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center "Tower, 505 South Flagler Drix c. Suite 1100, West Palm Beach, Florida 33401
561 - 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: William Ring fmailto :wring @commerce- group.com]
Sent: Monday, September 23, 2013 2:00 PM
To: Randolph, John C.
Cc: William Ring; Ryan Witmer
Subject: Joel Chandler Settlement - Request #333
Skip:
Following our call today, we would be willing to reduce our demand from $2000.00 to $1500.00 (a 25% reduction!)
As far as the offending paragraph ( #44 of your answer, see attached), it alleges that Mr. Chandler was acting at the
direction of Mr. O'Boyle. As I mentioned, Mr. Chandler would like that misimpression cleared up.
We would accept a statement in the voluntary dismissal that "The Town hereby retracts the assertions in the Answer,
and specifically paragraph #44, that the Plaintiff, Mr. Chandler, was acting at the direction of another party, person or
entity." Something like that.
The amount above assumes we spend no more time on the file.
'fill
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954 - 570- 3510(ph)
954 - 360 -0807 (fax)
954 -328 -4383 (cell)
Kelly Avery
From: William Ring <wring @commerce - group.com>
Sent: Thursday, October 31, 2013 12:36 PM
To: Randolph, John C.
Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Attachments: DRAFT - Joint Stipulation of Dismissal with Prejudice - 10.28.13.docx; RELEASE OF ALL
CLAIMS 10.28.13.13.docx
Skip:
In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for
your review are:
1. Release of All Claims
2. Joint Stipulation of Dismissal, With Prejudice
Please review and let us know if you have any comments.
Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared
to execute the Release and file the Joint Dismissal.
Thanks
FIR
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954 - 570- 3510(ph)
954 - 360- 0807(fax)
954 - 328 -4383 (cell)
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE
This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ")
and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have
reached an agreement to fully and finally dispose of this action. Among other things, the Parties
have agreed as follows:
That the above styled action is hereby dismissed with prejudice.
2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments
set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at
the direction of another party, person or entity.
Joanne M. O'Connor, Esquire
Florida Bar No. 0498807
ioconnorn jonesfoster.com
Ashlee A. Richman, Esquire
Florida Bar No. 0091609
arichman 'onesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
Attorneys for Defendant
William F. Ring, Jr. Esquire
Florida Bar No.: 961795
wring(@,commerce-grout).com
William F. Ring, Jr. ESQUIRE P.A.
1280 W. Newport Center Dr.
Deerfield Beach, Florida 33442
Telephone: (954) 570 -3510
Fax: (954)360 -0807
Attorney for Plaintiff
RELEASE OF ALL CLAIMS ("Release")
1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar
($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself,
its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf
Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April
15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream,
which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is
designated by the Case Number: 2013 CA 007789 XXXX MB AN.
2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable
consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs,
executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands
and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the
subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the
Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX
MB AN.
3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a
disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied.
4. This Release is governed by and shall be construed in accordance with the laws of the State of Florida.
5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the
contents thereof, and are signing the same as their own free act.
IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above.
JOEL CHANDLER
a
TOWN OF GULF STREAM
By' -- — — - —
MAYOR
WFRESQPAIJC333
10.28.2013
Page 1
Kelly Avery
From: Randolph, John C.
Sent: Thursday, November 07, 2013 4:30 PM
To: 'Bill Thrasher' (bthrasher @gulf - stream.org); 'Rita Taylor'
Subject: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Attachments: DRAFT - Joint Stipulation of Dismissal with Prejudice - 10.28.13.docx; RELEASE OF ALL
CLAIMS 10.28.13.13.docx
M
This looks fine to me. I need to make sure that you can provide the documents that were requested as part of
this settlement, along with the check. Please also confirm that there are no outstanding public records
requests from Chandler.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
)011 ttW&Mbsf,rA
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 irandolph(djonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561- 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to die named recipient(s) and may be privileged
and confidential. I£ you are not the intended recipient, you received this in error. if so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
JOINT STIPULATI.ON OF DISMISSAL, WITH PREJUDICE
This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ")
and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have
reached an agreement to fully and finally dispose of this action. Among other things, the Parties
have agreed as follows:
That the above styled action is hereby dismissed with prejudice.
2. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments
set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at
the direction of another party, person or entity.
Joanne M. O'Connor, Esquire
Florida Bar No. 0498807
ioconnor(a),ionesfoster. com
Ashlee A. Richman, Esquire
Florida Bar No. 0091609
arichman 'onesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
Attorneys for Defendant
William F. Ring, Jr. Esquire
Florida Bar No.: 961795
wrine(a),commerce- grouo.com
William F. Ring, Jr. ESQUIRE P.A.
1280 W. Newport Center Dr.
Deerfield Beach, Florida 33442
Telephone: (954) 570 -3510
Fax: (954)360 -0807
Attorney for Plaintiff
RELEASE OF ALL CLAIMS ("Release")
1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar
($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself,
its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf
Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April
15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream,
which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is
designated by the Case Number: 2013 CA 007789 XXXX MB AN.
2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable
consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs,
executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands
and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the
subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the
Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX
MB AN.
3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a
disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied.
4. This Release is governed by and shall be construed in accordance with the laws of the State of Florida.
5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the
contents thereof, and are signing the same as their own free act.
IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above.
JOEL CHANDLER
By:
TOWN OF GULF STREAM
By:
WFRESQPAIJC333
10.28.2013
Page 1
MAYOR
Kelly Avery
From: Randolph, John C.
Sent: Friday, November 08, 2013 3:55 PM
To: 'William Ring'
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Bill,
The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to
you at your Deerfield Beach office address?
Please advise.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
xrxnsruvasmens,ee.
John C. Randolph Attomey
Direct Dial: 561.650.0458 1 Pax: 561.650.5300 1 jrandolph(ciljonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Hagler Center Tower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33301
561- 659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: William Ring [mailto :wring @commerce- group.com]
Sent: Wednesday, November 06, 2013 10:59 AM
To: Randolph, John C.
Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Hi — I wanted to make sure you received this email last week
Bill
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954 - 570- 3510(ph)
954 - 360 -0807 (fax)
954- 328 -4383 (cell)
From: William Ring
Sent: Thursday, October 31, 2013 12:36 PM
To: Randolph, John C.
Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Skip:
In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for
your review are:
1. Release of All Claims
2. Joint Stipulation of Dismissal, With Prejudice
Please review and let us know if you have any comments.
Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared
to execute the Release and file the Joint Dismissal.
Thanks
IM
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954- 570- 3510(ph)
954 - 360 -0807 (fax)
954 - 328 -4383 (cell)
Kellv Ave
From: Randolph, John C.
Sent: Monday, November 11, 2013 3:00 PM
To: 'Bill Thrasher' (bhrasher @gulf - stream.org)
Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
M-1
Please see the email below from Bill Ring in regarding the Chandler suit, noting to whom the $1,500.00 check
should be made payable.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Pas: 561.650.5300 1 jrandolph(@z,,jonesfoster.com
Jones, Poster, Johnston & Stubbs, P.A.
Plagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 wunv.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is proliibited. Please immediately notify us by email and delete the original message.
From: William Ring [mailto :wring @commerce- group.com]
Sent: Friday, November 08, 2013 7:04 PM
To: Randolph, John C.
Cc: William Ring; Ryan Witmer
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
John:
Sorry I missed your call earlier.
The check should be payable to "William F Ring Jr. Esq PA Trust Account" - And mail it to the Deerfield Beach address
below.
Let me know when we can pick up the documents.
Thanks,
Bill
William F. Ring
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954- 570 -3510 (ph)
954- 360- 0807(fax)
954 - 3284383 (cell) .
From: Randolph, John C. [ mailto :]Randolph(alionesfoster.coml
Sent: Friday, November 08, 2013 3:55 PM
To: William Ring
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Bill,
The documents look fine. To whom should the $1,500.00 check be made payable and should it be mailed to
you at your Deerfield Beach office address?
Please advise
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrand�loh(a,,jonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flaglcr Drive, Suite 1100, West Palm Beach, Florida 33401
561 -659 -3000 1 www.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
From: William Ring [mailto•wrina(acommerce -group coml
Sent: Wednesday, November 06, 2013 10:59 AM
To: Randolph, John C.
Cc: OConnor, Joanne M.; Richman, Ashlee A.; Ryan Witmer; William Ring
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Hi — I wanted to make sure you received this email last week.
Till
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954- 570- 3510(ph)
954- 360- 0807(fax)
954 - 328 -4383 (cell)
From: William Ring
Sent: Thursday, October 31, 2013 12:36 PM
To: Randolph, John C.
Cc: OConnor, Joanne M.; Richman, Ashlee A.; William Ring; Ryan Witmer
Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333
Skip:
In furtherance of our last conversation regarding the settlement of the Chandler Request #333 Lawsuit, attached for
your review are:
1. Release of All Claims
2. Joint Stipulation of Dismissal, With Prejudice
Please review and let us know if you have any comments.
Upon the payment of the agreed upon $1500.00 and the receipt of the information requested in #333, we are prepared
to execute the Release and file the Joint Dismissal.
Thanks
MM
William F. Ring
Real Estate & Development
Commerce Group, Inc.
1280 West Newport Center Drive
Deerfield Beach, FL 33442
954- 570- 3510(ph)
954- 360- 0807(fax)
954- 328 -4383 (cell)
JO ESFOS"TER
,1041N5rUNffi5i'U014S, PA
John C. Randolph
Attorney
561.650 -0458
Fax: 561 -650 -5300
jrandolphQa jonesfoster com
November 15, 2013
William R. Ring, Esquire
1280 W. Newport Center Drive
Deerfield Beach, Florida 33432
Re: Chandler vs Town of Gulf Stream
Case No. 2013 CA 007789 XXXX MB AN
Our File No. 13147.24
Dear Bill:
Please find enclosed the check made payable to your trust account in the amount of
$1,500.00 from the Town of Gulf Stream, along with the documents that were requested
by Mr. Chandler. Also enclosed is the executed Joint Stipulation of Dismissal With
Prejudice and the Release of All Claims signed by the Mayor of the Town of Gulf
Stream.
Please execute and file the Joint Stipulation of Dismissal with Prejudice and have Mr.
Chandler execute the Release, providing me with copies of each.
Please call me if you have any comments or questions.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A
Z'54-
John C, Randolph
JCR /ssm
cc. William H Thrasher, Town Manager
Since 1924 1 Nest Palm !teach I Jupiter PLtgkr Concr'limcr
505 South Hagler Drim SLIUC 1100
Nest Palm Beach. Horkb 53401
www.joncsfoster.com
Item s F3W To nuatka Xlanse out 01..AI aal Fomis of our toll Imo abluber. 060.122 3676 O 11479
TOWN OF GULF STREAM OPERATING ACCOUNT
11/13/2013
To: William F Ring Jr. Esq PA Trust Account
Ililo ^"-Is 1 u = . '17.mt. 1LTi3LT'i1 Gm -zqf 00mgwAJ (iT3rrwt1^ .1. n
I ItI312013 Ch6ndicr LAwsuit#333 31,500.00 $0.00 $1,50000
Totals: $1,500.00 $0.00 51,500.00
001. 53110. 513 -10 L99al Services - Admin
TOWN OF GULF STREAM
OPERATING ACCOUNT
100 SEA ROAD
GULF STREAM, FL 33483 -7427
(561)275.5116
PAY "'One thousand five hundred and 00 1100 Dollars"
TOTHE
ORDER
OF
SUNTRUST BANK
63- 2151631
William F Ring Jr. Esq PA Trust Account
lot;,
al:i o:
' j3X14 �11,
. 3 1,
a13j !IX'
111011L.79119 r:0631021521:1000i60073150r
11479
W FRAUD
s ARMOR It
11
CHECK DATE CHECK NO. ;
i
H
11/13/2013 11479 as a
CHECK AMOUNT
0
8
8
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
JOEL CHANDLER,
Plaintiff,
V. CASE NO.: 2013 CA 007789 XXXX MB AN
THE TOWN OF GULF STREAM,
Defendant.
JOINT STIPULATION OF DISNUSSAL. WITH PREJUDICE
This Joint Stipulation of Dismissal is made between Plaintiff Joel Chandler ( "Chandler ")
and Defendant Town of Gulf Stream (the "Town ") (together, the "Parties "). The Parties have
reached an agreement to fully and finally dispose of this action. Among other things, the Parties
have agreed as follows:
1. That the above styled action is hereby dismissed with prejudice.
2.. That the Town hereby withdrawals, retracts, and voluntarily strikes the averments
set forth in paragraph 44 of the Town's Answer to the Complaint that the Plaintiff was acting at
the direction of another party, person or entity.
('ff-dVv--
Joa 'Connor, Esquire
Flori a Bar No. 0498807
ioconnor@eonesfoster.com
Ashlee A.. Richman, Esquire
Florida Bar No. 0091609
aiichman@ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
505 South Flagler Drive
Suite 1100
West Palm Beach, FL 33401
Attorneys for Defendant
William F. Ring, Jr. Esquire
Florida Bat No.: 961795
wrin!z@commerce-Eroup.com
William F. Ring, Jr. ESQUIRE P.A.
1280 W. Newport Center Dr.
Deerfield Beach, Florida 33442
Telephone: (954) 570 -3510
Fax: (954)360-0807
Attorney for Plaintiff
RELEASE OF ALL CLAIMS ("Release")
1. FOR AND IN CONSIDERATION OF the payment to Mr. Joel Chandler (hereinafter "Chandler ") of the sum of one dollar
($1.00), and other good and valuable consideration, Chandler has released and discharged, and by these presents does for itself,
its heirs, executors, administrators and assigns, release, acquit and forever discharge the Town of Gulf Stream (hereinafter "Gulf
Stream ") from all causes of actions, claims, demands and damages resulting from Chandler's public records request dated April
15, 2013 which bears the identification #333, which is the subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream,
which was filed on May 6, 2013 in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is
designated by the Case Number: 2013 CA 007789 XXXX MB AN.
2. FOR AND IN CONSIDERATION OF the payment to Gulf Stream of the sum of $1.00, and other good and valuable
consideration, the Gulf Stream has released and discharged, and by these presents do for themselves, their successors, heirs,
executors, administrators and assigns, release, acquit and forever discharge Chandler from all causes of actions, claims, demands
and damages resulting from Chandler's public records request dated April 15, 2013 which bears the identification #333, which is the
subject of the lawsuit styled Joel Chandler v. The Town of Gulf Stream, which was filed on May 6, 2013 in the Circuit Court of the
Fifteenth Judicial Circuit in and for Palm Beach County, Florida, which is designated by the Case Number: 2013 CA 007789 XXXX
MB AN.
3. Both Chandler and Gulf Stream understand and agree that the consideration as set forth above is the compromise of a
disputed claim and is not to be construed as an admission of liability on the part of parties by whom liability is expressly denied.
4. This Release is governed by and shall be construed in accordance with the laws of the State of Florida.
5. Chandler and Gulf Stream through their authorized representatives have carefully read this Release and know the
contents thereof, and are signing the same as their own free act.
IN WITNESS WHEREOF, the undersigned has executed this Release of the day and date first written above.
JOEL CHANDLER
By:
TOWN OF GULF ST E7kM
By: %I %
YAYOR
WFRESQPAIJC333
10.28.2013
Page 1
Kelly Avery
From: Randolph, John C.
Sent: Tuesday, December 03, 2013 1:55 PM
To: William Ring (wring @commerce- group.com)
Subject: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 XXXX MB AN
Attachments: 1 HL1948 -ring enclosing settlement check and documents.pdf
ON
Please let me know the status of this matter. The settlement check and executed Joint Stipulation of Dismissal
and Release of Claims were sent to you on November 15, 2013.
Thank you.
JOHN C. RANDOLPH
JON FOSTER
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphgjonesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561 - 659 -3000 1 www.ionesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
JONESFOS 1l 1t R
lolins ton, &S I UIMS, PA
John C. Randolph
Attorney
561- 650 -0458
Fax: 561 - 650 -5300
jrandolph @jonesfoster corn
November 15, 2013
William R. Ring, Esquire
1280 W Newport Center Drive
Deerfield Beach, Florida 33432
Re: Chandler vs Town of Gulf Stream
Case No 2013 CA 007789 XXXX MB AN
Our File No 13147.24
Dear Bill:
Please find enclosed the check made payable to your trust account in the amount of
$1,500.00 from the Town of Gulf Stream, along with the documents that were requested
by Mr. Chandler. Also enclosed is the executed Joint Stipulation of Dismissal With
Prejudice and the Release of All Claims signed by the Mayor of the Town of Gulf
Stream.
Please execute and file the Joint Stipulation of Dismissal with Prejudice and have Mr.
Chandler execute the Release, providing me with copies of each.
Please call me if you have any comments or questions
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A
,�l
John C. Randolph
JCR /ssm
cc. William H. Thrasher, Town Manager
Since 1924 1 West Palm Beach I Jupiter Plagler Comer lbwcr
illi Sump I•lagler Drive Suin 1101)
V',sr Palm Beach. Florida 33401
www.jonesfbster. com
" . . / I 1 "