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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. 1 of 3 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 2 of 3 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 I of 10 �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 2of10 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. 3of10 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 ". 4of10 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." 5of10 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 6of10 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". 7of10 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". 8of10 Dated:_Itkn 2013 9of10 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 8:17 14:6 15:2 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 21:10,12 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 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 1 of 5 basically 2:20 4:4 5:13 7:17 9:1 basis 6:2 BEACH 21:2 becomes 2:7 behalf 0:15 behind 18:7 belief 11:14,17 believe 3:16,18 19 :24 20:20 believes 11:23 best 7:18 better 9:25 13:9,23 bill 3:22,23 10:1 13:10 18:19 bit 7:1 blah 12:10 board 15:10 boilerplate 7:4 Boulevard 10:9 breakdown 10:19 Brian 7:23 B:1 brother 19 :25 brought 11:10 12:4 19:15 bullet 20:6 C calculation 10 :16 case 6:10,11,13,22 7:6,8 9:17,24 13:18 14:10 15:19 16:6 cases 8:21 cause 14:7,8 cents 3:22 4:2,13,19,22 10:1,16 15:13,17 certain 3:20 certification 21:15 certify 21:5,10 certifying 21:18 challenged 4:1 Chandler 2:23 3:8,11,13,15,20 5:10,11,22 6:18 B:5,11,15 13:18 charge 4:2,3,13,14,17, 23,25 5:18,19 9:8 10:16,17,22 14:14 charged 4:22 5:3 charging 4:11 5:17 12:14 cheaper 13:4 claim 4:12 11:10 claiming 8:12 claims 4:18 clarify le :4 clear 18:2 clerk 10:4,9,13,14 closed 2:17 20:16 closed -door 1:1 2:2,4 19:1 21:6,9 coming 3:15 13:6,21 17:1 comments 2:11 16:10 commission 10:7 commissioner 1:12,13,14,15 communities 5:24 6:1 complaint 3:25 6:24 7:1,18 8:15,22 12:24 complaints 7:3 completely 16:21 complying 14:2 concluded 20:23 condition 10:15 confident 18:7 connected 2:8 21:12 consensus 19:4 20:7 contend 4:21 contends 8:16 contrary 20:11 control 21:17 copies 4:14,16,17,23,2 4 5:1 10:5,13 copy 3:23 9:22 10:18 correct 3:17 21:8 cost 4:14,17,18 5:1,21 6:21 9:8 12:25 15:14,19 18:16 costs 3:7 5:4,5 8:25 9:11 disagreement 14:6 discretion 18:18 discuss 15:3,21 discussions 14:23 dismiss 8:4 dismissal 20:9 dismissed 2:22 documents 10:14 done 18:24 counsel 21:11,12 1 DONNA 1:12 county 14:13,14,15,17 21:2 couple 7:21 court 1:18 2:5 5:20 6:21 7:13 12:21,25 15:24 16:1,2 17:12 18:20 21:22 cumulative 5:7,19 12:13 custodian 10:4 12:11 D damages 8:20 damnedest 18:8 dated 10:7 day 21:20 deal 16:16 dealing 16:11 defense 7:18 delivering 11:20,22 delivery 10:3 demanded 10:14 DERING 1:13 2:25 3:4 9:21,25 10:21 11:3,6,10 13:2 15:12 16:5,22 17:4,7,11,14,23 1B:2 describe 11:12 different 14:12 direct 21:17 direction 6:14,20 11:16,24 12:5 16:14 19:10 21:17 door 2:17 20:16 drag 18:15 duplication 4:14,17,18 5:1 E either 8:21 12:21 else 2:16 18:17,21 employee 21:12 entered 8:23 entitled 4:2,3 17:22 essentially 3:11 event 17:20 everything 16:11,15 18:17 exactly 11:13 14:2 excuse 2 :23 17:11 18:2 expense 12:22 extensive 12:14 extra 5:5 13:1 extraordinary 5:5 F fact 7:2 8:14,24 15.17 facts 11:16 19:13 fair 18:8 fairly 7:4 familiar 15:9 feel 5:13 13:7,23 fees 3:7 7:5 8:25 9:10,11 12:24 16:2,19 17:2,6,12,14,19 PLEASANTON, GREENHILL, MEEK & MARSAA 561/833.7811 Page 2 of 5 ,22,24 felt 5:6,14,17,18 fight 15:19 16:19,23 figure 12:18 file 5:9 9:24 12:22 13:18 14:6 filed 3:15 4:8,9 5 :16,22,25 7:1,3 8:15 11:12,16 12:7 13:13,25 18:20 filing 14:13 17:20 financial 6:2 financially 21:13 fine 15:5 18:3 first 6:19 Florida 2:2 21:2 Fogwatch 20:3 footsteps 13:17 foregoing 21:15 forgoing 21:6 forth 3:24 7:17 forward 15:11 16:18 frankly 6:25 friend 18:12 fulfill 10:12 future 14:1 G Ganger 1:14 7:21 8:7 14:11,22,25 15:5 16:21 18:5,14 19:13,18 20:8,20 GARRETT 1:13 gentleman 19:15 germane 19:18 gets 17:19 given 19:9 giving 6:20 gosh 9:23 groups 13:14 guarantee 14:3 guess 10:21 13:3 16:25 Gul£ stream 1:1,5 9:17 H Hall 1:5 13:21 hand 21:20 handle 6t23 13:8,9,23 handling 15:10 hanging 8:11 happen 16:25 happened 16:11 19:2 happens 18:23 happy 7:19 haven't 18:25 19 :8 having 7:1 9:9 hear 20:11 hearing 14:20 helpful 14:18 15:3 hereby 21:5 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 I I'd 6:6 12:17 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 ironclad 16:6 isn't 14:12 issue 5:2 13:3,5 15:13,25 16:3,5 issues 5:2 Item 6:17 7:11 18:19 items 8:22 it's 2:4,17,20 5:20 7:7 6:9 9:2 11:1 13:20 16:13,23 10:6 19:4 20:7 I've 8 :14 16:24 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 last 2:20 7:7 latex 10:12,24 law 4:11 13:20 14:2 15:8 lawsuit 2:8,21 3:6,14 St2,3 8:4 14:13 20:9 lawsuits 5:23 8:6 14:1 lawyer 8:14 least 1319 leaving 12:24 legal 16:19 legally 16:7 less 4:18 6:3 9:4 16:15 lesser 6:8 letter 18:13 light 7:2 listed 6:16 11:24 little 6:25 lot 13:4 15:19 low 7:5 13:21 lower 18:10 M Manager 1:16 manner 11:12 Martin 11:16 Marty 3:11 matter 12:24 matters 14:24 may 6:21 7:19 9:21 14:5,8 18:21 maybe 9:5,6,7 19:23 MAYOR 1:11 15:7 16:9 17:9 18 :3 20:12,22 mean 13:10 means 4:21,22 21:17 meeting 2:6,14,16 6:12 10:7 13:11 19:3,7,9,12 20:16 members 20:18 mind 2:12 mine 14:12 minute 17:11 minutes 10:11,12 missed 9:21 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 mystifying 7:22 N negotiate 6:7,14 7!9 12:18 19:5 20:8 Nevertheless 8:1 newspaper 14:15 nice 8:10 nobody 15 :14 None 8:24 nor 21:11,13 North 10:8 notes 21:8 nothing 16:23 19:7 nuance 18:24 0 O'Boyle 3:12 5:1 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 Oh 9:23 O'Hare 13:15 okay 3:4 11:3 14:22 15:5 20:15 opinion 16:7,20 opportunity 6:7 7:9 order 7:6 organization 20: ORTHWEIN 1:11 15:7 16 :9 17:9 18:3 20:12,22 others 2:21 13:15 ours 17:24 outrageous 16:9 oversized 4:15,16,24 5 :1 P P.m 1:6 20:23 page 4:2,13,19,22 10:17 pages 9:22 10:20 12:8 21:7 paid 6:19 PALM 21:2 paralegal 13:20 particularly 7:2 parties 21:11 party 17:19 21:12 pay 2:20 3:6 8:25 9:3 10:24 15:13,14 16:2,14,19 17:5,12,14,23,2 4,25 paying 16:1 17:1 pending 2:21 people 3:19 13:17 Paz 3:22 4:13,19 10:17 percent 18:7 period 19:11 person 3:16 8:2,3 17:20 Personal 10:3 personally 19:18 plaintiff 10:2,10 11:18 12:2,13 plans 10:5 plate 7:8 point 15:7 18:5,6 20:16 possibly 16:2 precedent 14:7,9,17 premises 10:8 prepared 4:5 presence 2:5 presented 3:22 18:25 press 2:15 pretty 13:8 16:6 prevail 17:23 prevailing 17:19 prevails 17:21 probably 14:11 proceed 19:10 20:7 produced 12:8 profession 19:2o Professional 21:4 proposal 3:5 proposed 2:18 provide 3:7 provided 6:18 11:25 provides 17:16,18 prudent 16:13 public 2:7,13,20 3:14,20 4:8,11 5:7,15,23 6:1,11,16,17 7:8 8:17 9:17 10:15,18 11:5,15,19,25 12:5,7 13:8,10,13,22 14:1 15:9,22 16:12,16 17:21 16:24 19:3,7,11,14 20:17,1B published 9:18 puppet 3:11 5:11 11:8 12:15 purpose 12:14 15:21 18:10 pursuant 2:2 4 question 2:24,25 9:15 13:2 15:6 questions 7:19,21 quickly 18:11 Quite 6:25 R Randolph 1 :17 2:1 3:3,5,18 8:3,8,24 9:6,8,13,16,23 10:2 11:1,5,9,11 13:7 14:19,23 15:1,16 17:3,5,8,13,16 18:1,13,iB 19:10,17,21,23 20:1,4,15 rate 4:12 13:22 reads 4:25 19:14 really 2:25 5:4 reasonable 7:7 11:14 receipt 10:9 received 4:15 record 2:11,13 7:14,15 12:2,3 19:14 records 2:21 3:8,14,20 4:5,8,11 5:8,15,23 6:1,16,17 7:8 8:18 9:17 10:4,15,19 11:2,5,15,19,25 12:5,7,11 13:8,13,22 14:1,5 15:9,23 16:12,16 17:21 redact 18:19 refile 10:18 regard 2:18 4:20 10:6 14:19,24 15:3,22 18:19,23 19:10 regular 4:23 relate 14:21 relates 14:2 relationship 8:12 relative 21:11 releases 20:10 remained 8:9 remaining 3:5 remember 8:7 18:22 report 21:5 reporter 1:18 2:5 21:4,18,22 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, 25 12:1,6,12 13:8 14:1 15:23 16:12 17:21 requested 3:8 10:13 12:19 13:19 requests S:8 6:1 12:7,13 13:13 15:9 16:16 require 5:4 resident 19:15,16,17 resolve 20:9 resources 12:15 respect 12:5 14:12 xesponse 4:6 5:9,10,11,13,16 12:9 responsible 9:3 result 3:15 resume 19:6 retract 7:12 retrieve 10:18 return 3:22 returned 10:13 rid 7:14 8:10 16:3 rights 14:5 Ring 4:9 7:5,23 12:17 18:19 Rita 3:21 5:14 10:3 20:20 ROBERT 1:14 1 room 3:21 1 Ryan 11:22 12:12 1 S seeking 7:16 seen 16:24 separate 8:6,16 separately 10 :22 September 1:6 21:20 serves 15:20 session 1:1 2:2,4 19:1 20:16,17,23 21t6,9 setting 6:10,12 7:17 settle 6:6,10,11,13,14 ,22 7:6 9:5 14:9 16:15 19:2 settled 6:2 14:B 19:8 settlement 2:7,18,19 8:5 13:4,19 14:21 18:8,23 19:6 several 5:22 6:1 7:2 short 19:1 shorthand 21:6 similar 5:25 situation 16:10,17 size 10:5 sized 4:23 Skip 8:19 16:14 18:7 somebody 19:14 someone 2:16 14:4 somewhere 13:3 sort 7:16 12:22 sought 10:2 Speak 2:10 spend 16:1 spent 10:18 staff 9:22 12:10 STANLEY 1:15 8:19 9:1,7,11,14,19 20:14 start 18:10 state 5:24,25 21:2 stated 4:10 7:5 8:14 20:13 statement 12:23 statements 3:10 7:12 states 4 :16 statute 2:3 4:4,16,21,22,25 17:16,18 statutory 4:12 stenotype 21:6 strictly 14:20 strike 3:9 7:11 student 13:21 15:8 subject 6:19 11:15 submitted 11:23 12:1,12 Subsequently 4:8 suggested 6:15 20:8 suit 3:2 7:25 11:7 14:8 suits 14:24 sum 3:6 6:19 Bummer 16:12 support 11:17 suppose 14:6 sure 15:18,20 T talk 13:10,12 15:1 Taylor 10:4 ten 10 :12 terminate 20:17 terms 6:14 testify 9:9 that's 4:24 5:1,17 9:14,16 12:15,25 14:3,21 15:25 18:3,20 19:11,18 20:13 theirs 17:25 themselves 6:16 therefore 5:16 8:8 there's 2:6 4:20 8:22 15:2 18:24 19:7 20:6,18 therewith 2:8 they're 4:6 7:13 17:1,21 third 8:1,3 THOMAS 1:15 thousands 12:8 THRASHER 1:16 3:17 8:1 19:24 20:3 throughout 5:23,25 tie 16:18 today 6:4,13 14:20 15:25 16:3 18:25 19:4 total 9:25 Town 1:1,5,16,17 4:10 8:20,23 9:17 10:4,7,9,12,14 11:13,17,19,23 12:2,4,6,8,9,10 13:21 Town's 11:14 transcribed 2:10 transcript 2:6,7 21:15 transcription 21:8 treated 12:13 Trey 15:8 true 21:7 try 16:14 trying 16:19 types 8:21 16 :24 U ultimately 9:4 um-hum 3:3 understand 9:20 13:4 14:25 18:14,15 understanding 11:1 unfortunate 8:9 16:17 unless 12:19 15 :18 20:11 21:17 upon 2:7 3:21 y various 12:5 Violating 4:11 PLEASANTON, GREENHILL, MEEK & 14ARSAA 561/833.7811 Page 5 of 5 W waiting 20:19 wasn't 18:2 we'll 10:24 20:17 well -known 5:24 we're 15:21 16:6,11 20:22 we've 19:9 whatever 9:1 11:4,7 15:14 18:22 WHEREOF 21:19 Whereupon 20:23 whether 6:6 7:16 15:21 WHITE 1:12 19:20,22 Whitmer 7:24 8:1 11:22 12:12 whole 13:4 William 1:16 4 :9 willing 12 :20 win 17:2,7,15 withdraw 3:9 7:11 15:5 withdrew 7:25 WITNESS 21:19 woodwork 13:6 worked 7:24 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 " ../ I1"r l v 3WN OF GULF STREAM OPERATING ACCOUNT 11/13/2013 To: William F Ring Jr Esq PA Trust Account 11/13/2013 Chandler Lawsuit 033 VO, JJI,VV Ip -!V LCb" W JII qLC]- Mllllllll TOWN OF GULF STREAM OPERATING ACCOUNT 100 SEA ROAD GULF STREAM, FL 33483.7427 (561) 276.5116 PAY "One thousand five hundred and 00 1100 Dollars" TOTHE ORDER OF SUNTRUST BANK 63.215/631 William F Ring Jr. Esq PA Trust Account n :UO�� 'IUt 301:1. Lit O�� ' i1lNl!! '��'il" HE�� !IU VD1147911' 1:0631021521:1DD01600731S0V FFFRAUD ARMOR' CHECK DATE 11479 CHECK NO 11/13/2013 11479 CHECK AMOUNT 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 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. (- V�� Joa 'Connor, Esquire Flori a Bar No. 0498807 ioconnor@ionesfoster.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 Bar No.: 961795 wrin,2@commerce-groul).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 M By: AYOR WFRESQPAIJC333 10.28.2013 Page 1 Electronically Filed 12/18/2013 11:40:59 AM ET 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. Joa . 'Connor, Esquire Flori a Bar No. 0498807 ioconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@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 Bar No.: 961795 wring@Commerce-LyrouD.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 Kelly Avery From: Ryan Witmer <rwitmer @commerce - group.com> Sent: Monday, December 30, 2013 3:43 PM To: Richman, Ashlee A. Cc: William Ring; Norma Lenna; Randolph, John C. Subject: Joel Chandler v. Gulf Stream - #333 - Case No.: 2013 CA 007789 XXXX MB AN Attachments: 2013_12_30_15_10_53.pdf Ashlee Attached is the executed Release of All Claims for the above captioned case. My understanding is that are no outstanding obligations remaining for either side in connection with the settlement of this case. Please feel free to contact me if you require anything else. Best regards, Ryan Witmer 954 -574 -6885 RW itmerPcommerce- group.com 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 beers the identification 9333, 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 9333, 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 liabiliity 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. S. 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. t/ — - MEN �. WFAISOPAUC333 10.28.2013 Page 1 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 beans the identification 8333, 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 0117 7 8 9 10 0 0( 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 8333, 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 18 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 govemed 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. TOWN OF GULF STWnUk QuL' x WFRE9OPAW= 1099.2013 Page 1 Kelly Avery From: Matias, Sally Sent: Wednesday, January 08, 2014 10:17 AM To: 'Bill Thrasher' (bhrasher @gulf - stream.org) Cc: 'Rita Taylor' Subject: Chandler vs Town of Gulf Stream Case No. 50 2013 CA 007789 XXXX MB AN Attachments: 1 HW7317- release of all claims fully executed.PDF; 1 HS3815 -joint stipulation dismissal.PDF Attached for your records are fully executed copies of the Release of All Claims and the Joint Stipulation of Dismissal with Prejudice. Sally JONESFOSTER Sally Matias Secretary to John C. Randolph and 1 -1. Michael Easley Direct Dial: 561.650.0455 1 Fax: 561.650.5300 1 smadas(q.jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Plagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 www.jonesfoster.com U.S. 1'reasury 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. Tails 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. 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 9333, 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 007189 X)00( 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 9333, 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 e 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. S. 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. N OF GULF STWX WFRESOPAUC333 1028.2013 Page 1 Electronically Filed 12/18/2013 11:40:59 AM ET 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. (- V�� Joa 'Connor, Esquire Flori a Bar No. 0498807 ioconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@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 Bar No.: 961795 wring@commerce-group.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 Kelly Avery From: Kieta, Marge Sent: Monday, July 22, 2013 2:58 PM To: wring @commerce- group.com' Cc: Richman, Ashlee A.; OConnor, Joanne M. Subject: SERVICE OF COURT DOCUMENT Case No. 50 2013 CA 007789 XXXX MB AN Attachments: answer 24.pdf; motion transfer 24.pdf 15th Judicial Circuit, Palm Beach County, Florida Case No. 50 2013 CA 007789 XXXX MB AN Chandler v. Town of Gulf Stream 1. Answer to Complaint 2. Motion to Transfer JON ESFOSTER Margaret L. Kieta Secretary to Sidney- A. Stubbs, Roberto M. Vargas, and Ashlec A. Richman Direct Dial: 561.650.0408 1 Fax: 561.650.5300 1 mkieta(@.ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Hagler Center'I'ower, 505 South Hagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 - 659 -3000 1 www.jonesfoster.com U.S. Treasury ReguLition 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. 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 Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiffs 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 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. 3 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 13 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). ' 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 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 8 '/z 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. 3 "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). U. William F. Ring, Jr., Esquire 1280 W. Newport Center Dr. Deerfield Beach, FL 33432 wring commerce- group.com 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(cbionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 a rich man65�ionesfoster.com pAdocs\ I 3147\00024\pl d\ I gr2833.docx 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 50201 3CA00778 9XXXXM BAN 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 3CA008452XXXX M 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 50201 3CA008594XXXXM BAG (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 I 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(LDcommerce- oroup.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 mobovle(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: records(cDcommerce- 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: record sCcDcommerce- 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 502013CA007789XXXXMBAN 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(a?commerce- group.com F1 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 0oconnor(a)ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman(a)ionesfoster.com p:\docs \13147\00024\pUl gq 1845.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) 502013CA006750XXXXMBAO 4/24/2013 4/24/2013 Martin E. O'Boyle Catherine M. Brunson " " " " " " " " " " "" Pro Se 502013CA01112OXXXXMBAO 7/5/2013 7/512013 Martin E. O'Boyle Catherine M. Brunson ........................ Pro Se 502013CA011122XXXXMBAI 7/5/2013 71512013 Martin E. O'Boyle Meenu Sasser " " " " " ".... ........ Pro Se 602013CA011411XXXXMBAJ 7110/2013 7/10/2013 Martin E. O'Boyle Joseph Marx ........................ Pro Se 502013CA011414XXXXMBAI 711012013 7110/2013 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) 602013CA011417XXXXMBAD 7/10/2013 7/10/2013 Martin E. O'Boyle Gregory Keyser " " " " " " " " " " "" Pro Se 502013CA011421XXXXMBAG 7/10/2013 7/10/2013 Martin E. O'Boyle David F. Crow " " " " " " " " " " "" Pro Se 502013CA011423XXXXMBAD 7/10/2013 7/10/2013 Martin E. O'Boyle Gregory Keyser " " " " " " " "" " "" Pro Se 502013CA011424XXXXMBAE 7/10/2013 7110/2013 Martin E. O'Boyle Edward Fine " " " " " " " " " " "' Pro Se 502013CA007609)000(MBAA &3/2013 71912013 Ryan L. Wilmer Peter D. Blanc " " """" " " " " "" William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address) 502013CA007789)000(MBAN 51612013 7/9/2013 Joel Chandler Lucy Chemow Brown " " " " " " " " " " "" William F. Ring, Jr., Esq. (Uses O'Boyle's Business Address) 502013CA008125)000(MBAH 511012013 71912013 Commerce Group, Inc. Lucy Chemow Brown " " " " "" " " " " "" William F. Ring, Jr., Esq. (Uses O'Boyle's Business and E -Mail Address and O'Boyle is listed as President) 2 CASE NO. AND DATE FILED DATE PLAINTIFF JUDGE SERVED -and - PLAINTIFF'S ATTORNEY (O'Boyle's Role) 502013CA008452X000(MBAG 511712013 7/2/2013 Martin E. O'Boyle David F. Crow " " " " " " " " " """ William F. Ring, Jr., Esq. 502013CA008594XXXXMBAG 512012013 7/2/2013 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 5123/2013 7/2/2013 N984AC Caravan LLC Peter D. Blanc " " " " " " " " " " "•' William F. Ring, Jr.. Esc. (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) pAccs113147\00001 Woc11 gr2673.docx Kelly Avery From: noreply @myFlcourtaccess.com Sent: Monday, July 22, 2013 2:58 PM Subject: Filing Received Dear Ashlee Richman: This email verifies the receipt of 2 documents submitted by you to Palm Beach Circuit Civil division on 07/22/2013 02:57:43 PM. Case Number: 2013CA007789 The E- Portal reference number of this filing is: 3927229. Please reference this Filing # in any correspondence. We will notify you when processing is complete. This is a non - monitored email. Do not reply directly to it. If you have any questions about this filing please contact the Palm Beach Circuit Civil division. Thank you, Florida Courts eFiling Portal Staff Kelly Avery From: noreply @myflcourtaccess.com Sent: Tuesday, July 23, 2013 9:38 AM Subject: Processing Completed for Filing # 3927229 Dear Ashlee Richman: This email verifies the processing of your Filing # 3927229 with the Palm Beach County, Florida Circuit Civil Division. Status: Accepted Filing Date /Time: 07/22/2013 02:57:43 PM Case Number: 2013CA007789 Case Name: CHANDLER, JOEL VS TOWN OF GULF STREAM, Documents # Document Type Status Filing Date Rejection Reason Your Attachment 1 All Answer Accepted 07/22/2013 C:\Documents and Settinl 24.pdf 2 All Motion Accepted 07/22/2013 C:\Documents and Settinl transfer 24.pdf Fees Memo: This is a non - monitored email. Do not reply directly to it. If you have any questions about this filing, please contact the Palm Beach County, Florida Circuit Civil Division. Thank you. Many counties no longer require paper follow -up. To see a complete list, click on this link. 1 Kelly Avery From: William Ring <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. in 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 ME 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) Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Wednesday, December 18, 2013 9:55 AM To: Randolph, John C. Cc: Ryan Witmer; William Ring Subject: Joel Chandler - Public Records Attachments: img- Z18094720- 0001.pdf John We have deposited the check; we are filing the Joint Stipulation (filing it now as I am typing this email) and the Mutual Release is with Mr. Chandler for Signature. Once I receive a copy of the signed Release, I will email it to you. Thanks for your efforts here Have a Merry Christmas and Happy New Year. 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) - -- Original Message - - -- From: WorkCentre 5230A lmailto :scanner(o)commerce- group.coml Sent: Wednesday, December 18, 2013 9:47 AM To: William Ring Subject: Scan from a Xerox WorkCentre Please open the attached document. It was scanned and sent to you using a Xerox WorkCentre. Number of Images: 1 Attachment File Type: PDF Device Name: WorkCentre 5230A Device Location: For more information on Xerox products and solutions, please visit htti): / /www.saxon.net 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.: 2013 CA 007789 XXXX MB AN 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: 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. rvk�--- Jo 'Connor, Esquire Flori Bar No. 0498807 joconnor@ionesfoster.com Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@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 Bar No.: 961795 wring@commerce-group.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 Matias, Sally From: William Ring <wring @commerce- group.com> Sent: Tuesday, December 03, 2013 1:57 PM To: Randolph, John C. Subject: RE: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789)00(X MB AN It's in the in- box — will conclude by end of the week Thanks 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: Randolph, John C. [ maflto:JRandoloh(c)jonesfoster.com] Sent: Tuesday, December 03, 2013 1:55 PM To: William Ring Subject: Chandler vs Town of Gulf Stream - Case No. 2013 CA 007789 XXXX MB AN Bill, 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 JONES FOSTER John C. Randolph Attorney Direct Dial• 561.650.0458 1 Fax: 56L650.5300 I irandolnh2ion 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. TLeasuty 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 nodfy us by email and delete the original message. Matias, Sally 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: 11-11-1948 -ring enclosing settlement check and documents.pdf Follow Up Flag: Follow up Flag Status: Flagged Bill, 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 .1011JEISFOSTER John C, Randolph Attorney DixectDiah 56'L650.0458 j Fax: 561.650.5300 1 jrandoohgionesfoster.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 emaRs 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. 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: John C. Randolph AUomey 581.650 -0458 Fax: 561- 650 -5300 jrandolph @lonesfoster coin 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. John C. Randolph JCR /ssm cc: William H. Thrasher, Town Manager Since 19241 \Vest Point Rench Ifupitor Fingler Center Tower 505 Suurh Fingler ark. Suite 1100 Wert Palm Reach. Florida 33401 www.jonesrostencom IM. OF Talowcor aloosocaa XMMawatlFmmalaar IN Ina w .:wr.11661023670 c•.�:1 :"� 11479 TOWN OF GULF STREAM OPERATING ACCOUNT 11/13/2013 To: William F Ring lr. Esq PA Truss Account 001. 53110.513 -10 Legal Smlees - Admin •.., 11479 :.:j :� `.`;(.'C L:'�. ;',' :: l.`•.:. ::: ::.: .:. :'t:. •, . "..TOWN OF GULF STREAM SUNTRUSTBANK qFq AUD �'itJARM0R. I OPERATING ACCOUNT ;•.'•' 832151631 `1100 SEA ROAD CHECK DATE CHECK NO. 1 i }r ti i ': ; :'',QULF STREAM, FL 33483.7427 .,I 11/13/2013 11479 1 CHECK AMOUNT "Ono: thousand flve, hundred and 00/100 Dollars^ :,,.;.. $"" 1:500.00 Z%. :' ?;`i ' WIIIiam.F. Ring Jr. Esg PA Trust Account :'.'c it C}s •`i. ::4. i;. .. a[� qa' AUIHOXQE0t06NATUXE R s>cM "m Mp' a .. _ : 'S` +::`;'i:!;;�:.`:;E':,•:;_:;; g ■,p � L,4 4,9!!!1:.'!:0.63 il0 2 L 5 2r: 1000 1600 7 3 150,N° ` , i` 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.: 2013 CA 007789 XXXX MB AN 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. OBar or, Esquire 98807 loconnor@ ionesfoster.com Ashlee A.. Richman, Esquire Florida Bar No. 0091609 arichnian@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 Bar No.: 961795 wrinu@commerce-group.com William F.. Ring, Jr. ESQUIRE P.A. 1280 W. Newport Center Dr. Deerfield Beach, Florida 33442 Telephone: (954) 570-35 10 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 "Guff 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 007769 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 15,013 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. JOELCHANDLER TOWN OF GULF, %5T EAM.1 By: JAYOR WFRESQPA%JC333 1028.2013 Page 1 Matias, Sally From: Randolph, John C. Sent: Monday, November 11, 2013 3:00 PM To: 'Bill Thrasher' (bthrasher @gulf - stream.org) Subject: FW: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream - 333 Follow Up Flag: Follow up Flag Status: Flagged 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 IQNK5FOS 'ER John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jrandolphajonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Centex Tower, 505 South Flaglcr Drive, Suite 1100, West Palm Beach, Florida 33401 561- 6593000 1 wwwjonesfoster.com U.S. Treasury Regulation Circular 230 requires us to advise you that written commmileations issued by us are not intended to be and cannot be relied upon to avoid penalties that may be unposed by die Internal Revenue ScLvice. Incoming emAs 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 d sin error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by ernail and delete die original message. From: William Ring (mallto•wrinoColcommerce -orouo 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 954570 -3510 (ph) 954360 -0807 (fax) 954 - 328 -4383 (cell) From: Randolph, John C. rmailto :JRandolph(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 JONOFOSTER (INI K I nil k }N[W'I:IU. John C. Randolph Attorney Direct Dial: 561.650.0458 1 Fax: 561.650.5300 1 jtandoloh, ionesfoster.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. From: William Ring rmallto:wrinaCalmmmerce- orouD.00M] Sent: Wednesday, November 06, 2013 10:59 AM To: Randolph, John C. Cc: CConnor, 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. M 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 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) Matias, Sally From: William Ring <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, William F. Ring 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: Randolph, John C. [mailto:]RandolohCaljonesfoster com] 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 ONESFOSTER John C. Randolph Attorney Dixect Dial: 561.650.0458 1 F= 56L650.5300 1 jrandolphajonesfoster com Jones, Foster, Johnston & Stubbs, P.A. rlagier Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 a nL.ionesroste 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 f malito •wrlDcl@commerce- 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. PE 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 ME William F. Ring Real Estate & Development Commerce Group, Inc. 1260 West Newport Center Drive Deerfield Beach, FL 33442 954 - 570- 3510(ph) 954 - 360- 0807(fax) 954 - 3284383 (cell) Matias, Sally 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 Follow Up Flag: Follow up Flag Status: Flagged 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 jrandol�ionesf_ osrcr com )ones, Foster, Johnston & Stubbs, P.A. PLlgler. Center'Tower, 505 South Flagher Drive, Suite 1100, West Palm Beach, Florida 33A01 561- 659 -3000 1 mmv- -_onesfoster.com U.S.1'reasuty Relnilation 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 earails 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 dtis in error. If so, any review, dissemination, or copying of this email is prohibited. Please utunediately notify us by email and delete the original mess' age. From: William Ring [mailto•wrin(jecommerce -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. M 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 RM 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 -43B3 (cell) Matias, Sally From: William Ring <wring @ cam merce- 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. ME 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 M 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) Matias, Sally 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 M 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. THE TOWN OF GULF STREAM, Defendant. CASE NO.: 2013 CA 007789 XXXX MB AN 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: 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. Joanne M. O'Connor, Esquire Florida Bar No. 0498807 i oconnor(a)i onesfoster. co m Ashlee A. Richman, Esquire Florida Bar No. 0091609 arichman@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 Bar No.: 961795 wring@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 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 Matias, Sally 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 ONESFOISTER R9I't)U & N N INK R.1. John C. Randolph Attorney Direct Dial• 561.650.0458 1 Fax: 561.650.5300 1 jsandoloh ,n ionesfostex corn Jones, Poster, Johnston & Stubbs, P.A. lhagler Center Tower, 505 South Flagler Drive, Suite 1100, West Pahn Beach, Florida 33401 561 - 659 -3000 I www.ionesfoster.co 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 ema is 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 rmaiito•wrinoColcommerce -orouo coma 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 1) 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. rs 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) Matias, Sally 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 l) 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 944, 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. 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) 0 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 Plaintiffs civil rights have been violated, but admits that this action concerns Plaintiffs 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. 3 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 flied 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? 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. ee Lana v. Reedy Creek Improvement District, No.CJ -5546 (Fla. 9th Clr. Ct Oct , 1995), afrinned per curfam, 675 So. 2d 947 (Fla 5th DCA 1996), in which the circuit court rejected the petitioners claim that the agency should have produced records within 10, 20 and 60 -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 a '/2 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.' 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). a a, William F. Ring, Jr., Esquire 1280 W. Newport Center Dr, Deerfield Beach, FL 33432 wrino(a)commerce- orouo.com 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 /AshleeA. Richman Joanne M. O'Connor, Esquire Florida Bar No. 0498807 ioconnor(cDionesfoster.com AshleeA. Richman, Esquire Florida Bar No. 0091609 arichman(c) ionesfoster.com p: IdomX131 4 710 0 0 24kpld\lg2833.do= Matias, Sally From: William Ring <wring @commerce - group.com> Sent: Tuesday, September 17, 20131:07 PM To: Randolph, John C. Cc: Ryan Witmer, William Ring Subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Skip — what happened with Chandler — Are we done? 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: Randolph, John C. fmailto •JRandolpb@ionesfoster.com] Sent: Thursday, September 05, 2013 4:22 PM To: William Ring subject: RE: Proposed Settlement - Joel Chandler Public Records Lawsuit - Gulf Stream Bill, 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 JOKES FOSTER John C. Randolph Attorney Direct Dial: 56L650.0458 1 Fax: 561.650.5300 1 irs_ndolphQgnesfoster com Jones, Foster, Johnston & Stubbs, P.A. Flagler Centex Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561 -659 -3000 1 wwwJonesfostercom U.S. Treasury Regulation Circular 230 requires us to advise you that written commumcadons 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 redpiemt 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 :wring5commerce- oroup.coml 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. BIII CC: Ashlee Richman, Ryan Witmer William F. Ring 954 - 570- 3510(ph) 954 -350 -0807 (fax) 954 - 328 -4383 (cell) Matias, Sally 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,ODD.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 ourfriend. We must, on Friday, file several motions responding to your Answer and Motion to Transfer. Let me know your thoughts. Iff CC: Ashlee Richman, Ryan Witmer William F. Ring 954- 57D- 3510(ph) 954 - 360 -0807 (fax) 954 - 328 -4363 (cell) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 6, 2015 Stopdirtygovemment, LLC [mail to: records @commerce- group.com], Re: GS #1756 (1011) 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 Ule no.13147.00001), dated December 31, 2014, which tookplace between January 1, 2014 and the date ofthis request. Attached is page 4, of invoice no. 177399 ale no. 13147. 00001), dated December 31, 2014. Dear Stopdirtygovemment, LLC [mail to: recordsla,commerce- eroun.coml, The Town of Gulf Stream received your public records requests on January 27, 2015. You should be able to view your original requests at the following hlw://www2.eulf- stream .ore/WebLink8 /0/doc/35266/Pa eg 1_aspx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive documents can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records