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PRR 15-1785
02/0312015 16:46 Commerce Group TAX )9543600807 P.0021002 RECORDS REQUEST (the "Request ") Date of Request; 2/3/2015 Requestor's Request ID #: 1037 REQUESTEE; Custodian of Records Gulf Stream Police Department REQUESTOR: CG Acquisition Company, Inc. REQUESTOR'S CONTACT INFORMATION: E-mail; records@commerce- group.com Pax: 954 - 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all photographs which Include Martin O'Boyle, a White, Ford, On them. Additionally we are requesting all written or tvpod (Including computer, generated documents) and Police Incident Reports, generated by any of the Police; or other government racer a genera a y, s ore y or race ve y t e u cam appointment calendars, timasheets and radio communications, ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO ARTICLE], SECTION 24 OFTHE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY 1N AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED ORRECEIVED. 1119.e421MI. FLORIDA STATUTES. TR NnT Av.Tr ALSO PLEASL TAKL+ NOTE OF �119.a7(Il(HI OF THE Fr pwIDA 9TpTlITFS, WHICH PROVmRS THAT °1FA CIVIL ACTION IS INSTITUTED WITHIN THE 3n -DAY PERIOD TO 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 JURISUICrJUN AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE RROIIR¢TRDTO BES IT BY E-MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS OF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve or any cam, anarted by the Agency (oz donned In Florida Statute, Chapter 119.01 (Definitions)), In advance or any torts Imposed to the Roqueator by the Agency. .BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT TAE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS° AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". UPINPIFLRR 1.12.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail February 6, 2015 CG Acquisition Company, Inc. [mail to: records @commerce- group.com] Re: GS #1785 (1037) Provide a copy of all photographs which include Martin O'Boyle, a white, Ford f -150 truck (plate no. H317DA9 or any signs that have the name Martin O'Boyle on them. Additionally, we are requesting all written or typed (including computer - generated documents) and police incident reports, generated by any of the police; or other government records generated by, stored by or received by the Gulf Stream Police Department on March 3, 2014 and /or March 4, 2014. This would include appointment calendars, timesheets and radio communications. Dear CG Acquisition Company, Inc. [mail to: recordsacommerce- eroup.coml, The Town of Gulf Stream has received your public records requests dated February 3, 2015. If your request was received in writing, then the requests can be found at the following link: htta: / /www2.gulf- stream. ore/ WebLink8 /0 /doc /36490/Pagel.asix. 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 Kelly Avery From: Postmaster Sent: Tuesday, April 21, 2015 2:33 PM To: Local Recipient Subject: 1JL6740- response request production.PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1JL6740- response request production.PDF File Size 2328941 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014CA004474 AG MARTIN E. O'BOYLE, Plaintiff, VS. TOWN OF GULF STREAM, Defendant. RESPONSES AND OBJECTIONS TO PLAINTIFF'S INITL&L REQUEST FOR PRODUCTION Defendant, TOWN OF GULF STREAM, responds and objects to Plaintiff's Initial Request for Production dated May 14, 2014 (Nos. 1 through 10) as follows: DOCUMENTS REOUESTED 1. All handbooks, personnel manuals, supervisor's manuals, policies, rules and regulations, memoranda and any other document containing defendant's policies, guidelines, or procedures and practices relating to public records from 2012, to the present. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Plaintiff has simply made conclusory allegations that additional records should have been produced and that records should have been produced in electronic format. Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and/or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." The request for documents regarding policies, guidelines and procedures and practices from 2012 to the present is thus patently overbroad and not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). Moreover, the request for "any other document" containing defendant's policies, guidelines and practices would encompass communications transmitting drafts of policy manuals and any other communications regarding policies and procedures from 2012 to the present and is thus likewise patently overbroad. Subject to and notwithstanding its objections, Defendant states that it does not yet have in effect a written Public Records Compliance Manual. However, a draft of that Public Records Compliance Manual as of January 2014, previously produced to Plaintiff on May 9, 2014 in response to public records request #493, is provided again as Exhibit "A ". The current draft of the Defendant's Public Records Compliance Manual, reflecting edits made since May 2014 is attached as Exhibit 111311. Defendant further states that the only other manuals used are State of Florida records production and destruction guidance (i.e. the Florida in the Sunshine Manual, which is also available online, and the General Records Schedule GS1 -SL For State and Local Government Agencies, also available online). 2. All handbooks, personnel manuals, supervisor's manuals, policies, rules and regulations, memoranda or any other document containing defendant's policies, guidelines, or procedures and practices relating to the storing of telephonic or radio communications of the Gulf Stream Police Department. RESPONSE: None. Any and all statements, documents, recordings and transcriptions executed by or taken from any of the parties to this suit and delivered to other outside the purview of privilege. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and seeks information not reasonably calculated to lead to the discovery of admissible evidence. The request is not even limited to the subject matter of the instant lawsuit, which is whether the Town unlawfully withheld records and failed to produce records in electronic format when it responded on March 7, 2014 to the March 6, 2014 public records request attached to the Verified Complaint as Exhibit A. Defendant further objects on the grounds that the request for "[a]ny and all... documents... executed by or taken from any of the parties to this suit and delivered to others" is so vague and ambiguous as to preclude Defendant from framing a proper response. 4. Any and all documents relating to any training that employees of the Defendant have received relating to the Public Records requests. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014.1' Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and/or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." The request for "[a]ny and all documents" regarding "any training" that employees of the Defendant have ever received relating to the Public Records requests is thus patently overbroad and not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). Any and all documents relating to any failure to the Defendant to comply with Chapter 119 Florida Statutes. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Subject to and notwithstanding its objections, Defendant states that Defendant did not fail to comply with Chapter 119, Florida Statutes in response to the March 6, 2014 public records request at issue and, therefore, there are no documents relating to any such failure. 6. Any and all documents that relate to the specific services that the Defendant pays for under the budget item Police "Communications ". RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 3 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and /or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." This request, which is not limited to any time period, is not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). Subject to and without waiving its objections, Defendant incorporates its response to Interrogatory No. 9 and states that as of March 3 and 4, 2014, the "Communications" budget item included expenses associated with (1) cellular telephones used by Town police officers while on duty (not including Police Chief Ward) and (2) air cards for internet services to be used by Town police officers while on duty. As of the date of Plaintiff's request, March 6, 2014, there were no records generated by, stored by or received by the Town Police Department that related to either of these two budget items for March 3 and 4, 2014. Any document that identifies the Police officers on duty on March 3, 2014 and March 4, 2014. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence and incorporates herein its Answer to Interrogatory No. 13. 8. Any documentation that describes any corrective action taken by the Defendant in response to any violations of Chapter 119 Florida Statutes. RESPONSE: Defendant objects to this request on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. At issue in this lawsuit is Defendant's March 7, 2014 response to a public records request made on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014." Discovery in a public records request action is generally limited to that which is necessary for a determination of the allegations asserted in the trial court's discretion subject to review only for an evident abuse of power. Lorei v. Smith, 464 So. 2d 1330, 1333 (Fla. 2d DCA 1985). By this suit, Plaintiff complains that Defendant did not fully respond and/or did not produce documents readily available in electronic format when it responded on March 7, 2014 to a public records request made by Plaintiff on March 6, 2014 for certain records "generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014:' This request, which is not limited to any time period, is not the proper subject of discovery in this public records suit. See, e.g., Johnson v State, 769 So. 2d 990, 995 (Fla. 2000) (denying evidentiary hearing and additional discovery based on "bare allegations" that additional records "should" exist). 0 Subject to and notwithstanding its objections, Defendant states that Defendant did not fail to comply with Chapter 119, Florida Statutes in response to the March 6, 2014 public records request at issue in this case and, therefore, there are no documents relating to any corrective action in connection with that request. 9. Any transcript or records of any communications made by members or employees of Gulf Stream Police Department and third parties regarding the removal of political or campaign signage on March 4, and March 4, 2014. RESPONSE: Defendant possesses no such records in its possession, custody and control. The only telephone and radio communications of the Town Police Department that are recorded are those that are transmitted to the City of Delray Beach Police Department, which provides police dispatch services to the Town. The Town does not maintain those records. The City of Delray Beach Police Department has advised the undersigned that it automatically stores those communications and maintains those records for a period of 90 days. By the public records request attached as Exhibit "C" as modified by a telephone call on June 2, 2014, the Town has requested that the City of Delray Beach Police Department immediately remove from its destruction schedule, preserve and maintain any recordings of communications of the Town Police Department for March 3 and 4, 2014. The Town further requested that Delray Beach forward to undersigned counsel any recordings of telephone or radio communications by any officer or employee of the Town including any that relate to Case No. 14 -0417. The Town understands that the Delray Beach Police Department's Communication Manager, Katie Hartmann, searched all cellular phone numbers for the Town's police officers and the Town police department telephone number for calls made on March 3 and 4, 2014 and discovered a single telephone call made on March 3, 2014 at 0717 hours. The Delray Beach Police Department produced all radio communications of the Town from March 3 and 4, 2014. A copy of the Delray Beach Police Department's response is produced contemporaneously herewith. No recordings appear to relate to the removal of political or campaign signage. 10. Any and all documentation that describes the Defendant's policy regarding the destruction or discarding of records of telephonic or radio communications of the Gulf Stream Police Department. RESPONSE: None. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via the E- Filing Portal this 17th day of June, 2014, to: NICK TAYLOR, Esquire, the O'Boyle Law Firm, P.C. 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntavlore,obovlelawfirm.com and obovlecourtdocs @,obovlelawfirm.com. pAdocs 113147 \00060\pld\ Ijd4004.d= JONES, FOSTER, JOHNSTON & STUBBS, P.A. Attorneys for Defendant Town of Gulf Stream 505 South Flagler Drive, Suite 1100 Post Office. Box 3475 West Palm Beach, FL 33402 -3475 Telephone: (561) 659 -3000 Un 11 Tf9de M. O'Connor Florida Bar No. 0498807 ioconnor(@,,ionesfoster.com Up GI er 9 32 a q rKl TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (1� POLICIES AND PROCEDURES current as of 1/2014 Ex. A EAn�Jf7t�cA_ . Y� Iti� /. w TOWN OF GULF STREAM PALM BFACII COUNTY, FLORIDA Public Records Requests 1. Introduction The records that the Town of Gulf Stream, ('Town ") keeps in the course of carrying out its duties and responsibilities are public records. Public records are different from records of businesses and private organizations because Florida Law requires public records to be readily accessible and available to the public upon request. Employees and agencies do not have the authority to withhold records deemed "sensitive." The only records that can be withheld from public disclosure are those specifically designated by the`Florida Statutes as confidential or exempt. This policy will provide employees with the information necessary to understand and carry out their public records• responsibilities. This policy will affirm the public's right to access Town records and the commitment of the Town to respond to each request in &time that is reasonable under the circumstances of each request. This policy will also set fortliprocedures that will facilitate access to the information requested and establish fees.to be paid to the Town to cover the cost of responding to public records requests in accordance.with Florida law, 2. Policy It is the Town's Policy to ensure that public records in the Town's custody are maintained and managed as required by Florida's Public Records Laws. These laws provide that all materials made or received by Florida's local governments in connection with their official business are public records. The Town of Gulf Stream responds to all public records requests in a timely manner. A Town employee is designated as the Public Records Coordinator by the Town Manager and Town Clerk to assist with the production of public records requests, and reports directly to the Town Manager. It is the policy of the Town that all public records, with the exception of records or portions of records exempted by Florida Statutes, shall be open for personal inspection by any person. Requested records cannot be withheld for any reason unless the record or a portion of the record is specifically designated as confidential or exempt from public disclosure under Florida Law. 3. Purpose The purpose of this policy is to provide Town employees with the information and procedures necessary to understand and carry out their responsibilities under the Florida Public Records Law, including the requirements for managing public records, and the manner in which public records requests are to be processed to ensure that responses to each request are organized, inclusive, and in compliance with applicable statutes and rules. 4. Scope This policy applies to all Town employees, who are responsible for forwarding any public records requests to the Records Custodian or Public Records Coordinator. This policy applies to all public records of the Town, regardless of the medium in which they exist (e.g. paper, electronic, or other). ;r 5. Definitions / a. "Public records" are 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 official business by any agency. Florida Statutes :§ 119.011(12). b. "Confidential' means public records that7tave been identified in the Florida Statutes as confidential. The information in these records.is not subject to inspection by the public and may be released only to the,persons and entities designated in the statute. c. "Exempt' means public records that have,been identified in Florida Statutes Chapter 119 or other applicable Florida Statutes id, exempt from public disclosure. d, "Inactive records "means records which have lost some of their value or have been 'superseded by new records, but have not reached their specified retention. Records thk,are referenced les §.than once per month are usually considered inactive. e. "GS1 -SL" means the General Records Schedule GS1 -SL for State and Local Government Agencies, which is available at http: // dlis .dos.state.fl.us /recordsmgmt/gen records schedules.cfm 6. Procedures a. Records Management: Records management entails retention, storage, disposition, and all other record - keeping requirements and practices that support Department programs, activities, operations, and accomplishments in order to best serve the public. i. Organization and Maintenance: Public Records shall be organized, arranged, and maintained using a filing or record keeping system that: 1. Is appropriate to the nature, purpose, and use of the records. 2. Can be easily understood by all users. 3. Facilitates the location of and access to those records by all users, when and where it is needed. / ii. Records Retention Schedules: Tlie Town follows the General Records Schedule GSI -SL for State and Local Government Agencies, and other General Records Schedules that may apply to specific records maintained by the Town, e.g. ones pertaining to Law Enforcement. iii. Disposition: The Town should systematically dispose of p#ic records that have met their retention requirements and are no longer needed. 1. The Records Custodian or designee must properly document disposition ofpublic records, A records disposition document form is available from.the:Divisinn of Library and Information Services website at htt-p://difs.dos.state.fl.us/bami/forins/disr)ositiondoc.1) The Records Custodian must permanently retain the completed disposition forms. ..?` ' b. Public Records Requests The Town shall respond to all public records requests in a reasonable time, taking into account the extent, scope, and nature of the request. i. Receipt of a" Public Records Request: 1. A public records request is a request to either inspect or copy, or both, public records pursuant to Florida Statutes Chapter 119. 2. There is no requirement that the request be made in person or in writing, or be in any particular form. 3. The person making the request is not required to identify himself or herself, or to provide information about the reason for the request, or how the records will be used 4. The request must be clear enough to enable the Town to conduct a meaningful search. The agency may ask questions about the request in order to respond to the request fully and in a timely manner. a. If the records requested are in the possession of a third party, such as a consultant or Commission member, the Town shall forward the request and a description of what is needed to the third party 5. All requests should be directed to the Records Custodian or Public Records Coordinator ii, Responding to the Request: The Town of Gulf Stream has developed the following internal procedure to respond to a public records request and assist the public in obtaining public records: 1. Mark Public. Records Request as received. If the request is received by someone other than the Records Custodian 'or Public Records Coordinator, the employee will forward the request to the Public Records Coordinator or Town Manager, who will then add the request to the Public Records Log for monitoring purposes 2. Acknowledge receipt of Public Records Request a. As soon as reasonably possible after the valid receipt of a Public Records Request, the Town of Gulf Stream will acknowledge the request in writing. 3. Additional Correspondence Prior to fulfilling a request and based on each request individually, the Town of Gulf Stream may need to send one of the following: a. Requestfor Clarification • As a courtesy to the requestor to ensure the proper documents are produced or an accurate estimate is provided, if the request requires clarification the Town will send correspondence asking the requestor to clarify the request before proceeding with production or an estimate. 1. Requests for clarification will be sent out when a request is: a. Very broad in scope;. or b. Ambiguous; or c. At the discretion of the Town Clerk or Designee if he or she needs further clarification to fulfill the request l b. Estimate letter • If it is determined to be necessary by the Town Clerk or Designee, he or she will provide the requestor with an estimate of the cost to produce the documents and ask for the estimate to be paid prior to the requestor receiving the documents. • All estimates are based on Florida Statutes § 119.07(4) for both physical production and the labor cost, which is based on the cost incurred by the Town for extensive use of information technology resources or the labor cost of the personnel providing clerical and supervisory assistance, or both. G " I n t h e e v e n t t h a t t h e a c t u a l c o s t o f d u p l i c a t i o n n e e d s t o b e c h a r g e d w h e n l a b o r c o s t s a r e a s s e s s e d u n d e r t h e r e l e v a n t F l o r i d a S t a t u t e s , t h e P u b l i c R e c o r d s C o o r d i n a t o r c a n r e f e r e n c e t h e " A C T U A L C O S T O F D U P L I C A T I O N " d o c u m e n t w i t h i n t h e ( S U P P L E M E N T A L ) F O R M S s e c t i o n o f t h i s f i l e . c . L e t t e r a s s e r t i n g e x e m p t i o n s t o P u b l i c R e c o r d s L a w " T h e P u b l i c R e c o r d s C o o r d i n a t o r w i l l i d e n t i f y p o t e n t i a l l y e x e m p t : d o o u m e n t s a n d , i f n e c e s s a r y , c o n s u l t w i t h l e g a l t o ` d e # e m u n e w h e t h e r t h e s e d o c u m e n t ( s ) a r e e x e m p t . " I f o n l y p a r t o f a r e c o r d i s c o n f i d e n t i a l o r e x e m p t , t h e T o w n m u s t r e d a c t t h a t i n f o r m a t i o n a n d p r o v i d e t h e r e m a i n i n g r e c o r d t o t h e r e q u e s t o r . T h e T o w n ' s p r e f e r r e d m e t h o d o f r e d a c t i n g r e c o r d s i s t h r o u g h t h e T o w i N e l e c t r o n i c r e c o r d s m a n a g e m e n t s o f t w a r e , h o w e v e r , t h e T o w n m a y a l s o b l a c k o u t t h e e x e m p t i n f o r m a t i o n o n ' a c o p y o f t h e o r i g i n a l , p h o t o c o p y t h e m a r k e d c o p y , a n d p t o v i d e t h e f i n a l c o p y t o t h e r e q u e s t o r . T h e m a r k e d c o p y m a y b e d e s t r o y e d . O t h e r m e t h o d s a r e a c c e p t a b l e a n d m a y b e u s e d a s l o n g a s t h e c o n f i d e n t i a l o r e x e m p t i n f o r m a t i o n i s n o t r e l e a s e d t o t h e r e q u e s t o r . . , " E v e r y t i m e a d o c u m e n t h a s b e e n i d e n t i f i e d a s e x e m p t o r c o n f i d e n t i a l , t h e P u b l i c R e c o r d s C o o r d i n a t o r m u s t c o m m u n i c a t e a n y e x e m p t i o n s t o t h e r e q u e s t o r , r e d a c t a n d p r o d u c e t h e d o c u m e n t i f n e c e s s a r y , a n d c i t e t h e s p e c i f i c s e c t i o n o f t h e F l o r i d a S t a t u t e s t h a t c o v e r s t h e e x e m p t i n f o r m a t i o n . 4 . D e p o s i t o f e s t i m a t e d f e e s a . P r i o r t o t h e p r o d u c t i o n o f p u b l i c r e c o r d s , t h e T o w n s h a l l n o t i f y t h e r e q u e s t o r o f t h e e s t i m a t e d c o s t i f t h e c o s t w i l l e x c e e d $ 1 a n d a s k f o r a d e p o s i t t o c o v e r t h e e s t i m a t e d c o s t . P r o d u c t i o n o f d o c u m e n t s t h a t a r e $ 1 o r l e s s w i l l b e p r o v i d e d f r e e o f c h a r g e . b. When the request does not require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be calculated by Fla. Stat. § 119.07 (4). • Up to 15 cents may be charged per one -sided copy of not more than 14 by S %z inches • No more than an additional five cents may be charged for each two -sided copy • For all other'copies, the actual cost of duplication may be charged (see "Actual cost of Duplication" within (SUPkEMENT) FORMs) c. When a request does re4p're extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be the sum of the actual cost of duplication and a special service charge in the amount of the labor cost of the personnel providing the service. • The estimate shall include a breakdown of the estimated cost, which shall include the hourly employee rate and estimates% time that will be required, and/or the number \ of responsive documents identified that will fulfill the request. • The wage expense portion of the public records special service charges shall be calculated by including the hourly value of benefits in addition to the hourly base rate of pay. • The requestor shall not be charged for the first 15 minutes to fulfil the request; the extensive use charge shall be calculated after the first 15 minutes. d. The Town Clerk or designee shall be responsible for collecting the deposit and the Town will commence production of documents only after receiving a deposit. e. Deposit fees may be paid by cash, check, or money order made payable to the Town of Gulf Stream. f. The cost of mailing or shipping the requested material may also be added if the requestor as that the material be delivered instead of the requestor picking up the material in person. g. When records can be sent electronically, the Town will make an effort to do so in the interest of efficiency and to minimize costs. In these cases, the Town will charBe.only for extensive time, if applicable. If the records must be placed on an electronic storage device or because the requestor does not want them sent by email, the cost of the storage device will be charged in addition to any other charges. The requestor can provide'their own'blectronic storage device if they so choose. 5. Production and close.request a. The Town shall make every effort to fully respond to all Public Records Requests wl'thin a reasonable time. When warranted and at the discretion of the Town Clerk or designee, the Town may produce documents that are partially responsive. For example, when both electronic and physical records are �. responsive to a request, the Town may produce those documents electronically, and produce copies of the physical records to be picked up at the Town Hall. The Town will note as follows: • If the production of public records is responsive to the request in full indicate that the request is considered fulfilled and closed. • If the production of public records is responsive to the request in Part communicate the reason for the partial production (i.e. some records sent electronically, some awaiting pickup) and, if possible, the anticipated response time in fulfilling what remains of the request.. The Town may not delay production of records. Records must be produced within the time reasonably required to identify, collect, and copy them for the requestor. The Town must make a good faith effort to satisfy the request promptly, consistent with available resources and other priorities. The Public Records Law does not require the Town to generate'gr create new records not already in the Town's custody in response to a public records request. WIhen a request is made, all documents in the Town's possession at that time that may be responsive must be produced. If other documents that are responsive to the request are`cieated subsequently to the request being received, they are not included in any response, 10 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (2) CHAIN OF COMMAND current as of 1/2014 3' TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Chain of Command 1. Town Manager The Town Manger is the senior level officer responsible for delegating responsibility for responding to all public records requests and naming those emplbyees. who will serve in the position of Public Records Coordinator. The Town Manager shall be responsible for monitoring the timely performance of responses to public records requests,'and reporting compliance with the public records' laws to the Town Commission. 2. Town Clerk J;. The Town Clerk is responsible for managing and tracking all public records requests, and assists. the, Public Records Coordinator byprbviding all physical records responsive to a public records request to the Public RecordstPordinator for production. The Town Clerk is res'ponsible'for adhering to the policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND PROCEDURES within this manual. The Town' Clerk and Public Records Coordinator shall meet to discuss the requests that are handled by;the Town Clerk prior to each meeting between the PRC and the Town Manager. 3. Public Records Coordinator The Public Records Coordinator ( "PRC ") is designated by the Town Manager and is responsible for monitoring all incoming public records requests and adhering to the policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND PROCEDURES within this manual. 2 The PRC is responsible for keeping a log of all public records requests through the implemented monitoring system outlined in (4) MONITORING OF INCOMING REQUESTS and reporting every other week to the Town Manager on compliance and any issues with production. Issues should be resolved within a reasonable time after the meeting with the Town Manager. The PRC has access to the Government -in- the - Sunshine manual, training, and other resources to assist him or her in the timely production of public records, including the Florida Division of Library & Information Services, and:the Florida Attorney General's Offices. If PRC is unsure how to proceed after conferring'with the communicated this to Town Manager, Town Manager can Town Attorney or designee to provide guidance on how be 3 irces listed above, and has orize PRC to contact comply with the law. o r TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (3) STAFF EDUCATION AND TRAINING current as of 1/2014 u� ST TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 1. Staff Education a. Town Employees who handle public records requests;,.Mll attend at least two training sessions relating to Florida's public records laws and compliance per year. If the employee is a new hire and has not handled public,records requests before within the State of Florida, the employee must attend ark additional training as soon as is reasonable after his or her hire date. b. These training events can be in- person scrrunars, pending approval of travel and conference expenses; on -site training on the Town's records management software; or any of the various wgbinars offered'by the State of Florida, MCCI, the Florida Institute of Govemruent, and other Florida- specific public records trainings. a: Other public records trainings may be attended and applied to this requirement pending approval by the Town Manager. l l3pl.h a� M h 1 ? TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (4) MONITORING OF INCOMING REQUESTS current as of 1/2014 F i TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Monitoring of Incoming Requests The Public Records Coordinator is responsible for logging all incoming requests through the date of production and close out. An Excel Spreadsheet- or,other similar program (including what is available through the Town's electronic records management software) should be used to, at minimum, track the following: 1. Date Received a. The date the Public Records Request'was received 2. Received by a. The Town employee who received the record 3. Requestor a. Name, email address, or other identifier of the entity or person malting the request 4. Respond to a. The preferred method, of response. E.g. an email or mailing address 5. Public Records Requested a. In two columns: i. the name of the request. (e.g. the subject line of the email) for tracking purposes . ii. the actual records requested 6. Date of intake a. The date the intake lette'r'was sent out by the Town 7. Date of Estimate a. The date the estimate letter was sent out by the Town (if applicable) 8. Date of Production a. The date responsive documents were sent out by the Town that document when the request was closed 9. Follow -up a. The date of any follow up with brief description, e.g. 9/5 request for clarification b. Documents any additional correspondence that is not in the ordinary course of business but that the Town provides for within (1) POLICIES AND PROCEDURES 10. Notes a. Any additional information that would be helpful to anyone reviewing the document or to describe what was produced. This will facilitate productive meetings between the Public Records Coordinator and the Town Manager b. E.g. email attachment; NSR (no such record exists) TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMPLIANCE (5) REPORTING COMPLIANCE TO THE TOWN COMMISSION current as of 1/2014 Llil l: O� tT fs I S TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Reporting compliance with the Public Records Laws to the Town Commission is essential. The Town's elected officials must be informed of the Town's ability to respond to public records requests so they can make decisions about staff training and additional policies and procedures that may be needed to further the town's goal of providing access to public records, A form will be used by the Town Manager (see "Public Records Report" within (SUPPLEMENT) FORMS) that shall be filled out with the assistance 'of the Town Clerk or designee, to report the following information: 1. A list of all public records training activity that has been undertaken by staff since the last Public Records Report. 2. A list of upcomingpublic records trainings available to staf£that can be applied to satisfy the Staff training requirement as outlined in part (3) STAFF EDUCATION AND TRAINING. 3. An explanation of the current procedures Staff is undertaking to fulfill all incoming requests. This should align'vvith part (1) POLICIES AND PROCEDURES, subject to any changes in the Public Records Lawe and advice from counsel. 4. An estimate of the time spent responding to public records by Town Staff, and if any special service charges have'been received `to offset the cost of staff time by the parties requesting these records pursuant'to,Fla. Stat. § 119.07 (4)(d), a list of those charges received by the Town. 5. If any special service charges have been allocated to paying vendors to provide public records pursuant to their duties under the Public Records Laws, a list of those vendors, the amount paid by the Town, and the amount received from the Requestor to offset the amount paid by the Town. 6. The number of (a) incoming requests received, (b) estimates provided, (c) responses given, and (d) still open requests received since the last Public Records Report. A list of these requests shall be attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to part (4) MONITORING OF INCOMING REQUESTS. This information will be reported to the Town Commission on a quarterly basis, or more frequently at the discretion of the Town Manager depending on the activity to report. a• o � TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC REcoRDs COMPLIANCE (6) ENFORCEMENT OF POLICIES current as of 1/2014 cui is IIIIILllllll _., _:.. TOWN OF GULF STREAM PALM BEACI-I COUNTY, FLORIDA Enforcement of Policies The policies in the PUBLic RECORDS COMPLIANCE manual shall be followed at all times. In the event they are not followed, or if a lawsuit is filed, the'Town Manager or Town Attorney will inform the Town Council at the next scheduled Commission meeting. At the meeting, the Town Commission, Town Manager, and Town Attorney shall discuss how to implement appropriate responsive measures to improve "and epforce compliance if the Town's policies and procedures were not followed. Violation of polices by Town Staff A violation of the above policy outlined in the PUBLIC RECORDS COMPLIANCE manual by the Town Clerk, Public Records:Cocrdinator, or any employee of the Town of Gulf Stream may result in disciplinary action, up to; end including termination of employment. Violations shall be reported to the Town Council at the next Comml'ssion meeting by the Town Manager by filling out the form 'Employee Discipline for Public Records Violation" included in the section (SUPPLEMENT FORMS of this manual. If an employee is unsure how to respond to a public records request, he or she communicate that to the Public Records Coordinator prior to production of any responsive documents. ti �S 1ff25``.i{ TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLICREcoRDs COMPLIANCE (7) ANNUAL REVIEW current as of 1/2014 o� 1� _ � T F i TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Annual Review At the end of each fiscal year, the Town Attorney or designee shall review the Town's public records compliance process and PUBLIC RECORDS COMPLIANCE manual in an annual Public Records Policy Review meeting with the TownManager and, if appropriate, other staff handling public records. This goal of this meeting is to detei a whether changes should be made to this PUBLIC RECORDs COMPLIANCE manual to reflect any$pdates to the Public Records Law and to further the goals of the Town of Gulf Stream in providing the public with access to public records. Any changes proposed at the Public Records Policy Review meeting and agreed upon by Town Attorney or designee shall be incorporated into a revised PUBLIC *ORDS COMPLIANCE manual, which shall be presented at a Town'Commission meeting to discuss the revisions and adopt the revised PUBLIC RECoftns COMPLIANCE manual. If there are any additional changes proposed at the meeting and approved by the commission, the manual shall be further revised to reflect those changes, and resubmitted for approval at the 'next commission meeting. T� TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS COMPLIANCE (SUPPLEMENT FORMS current as of 1/2014 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Table of Contents X........................ ............................... ....................... 1 X................... ............................... ............................ 2 X......................... 3 ............................... X......................................................... ............................... 4 X..................................... ............................... ................... 5 X...........................l: 6 ............ ............................... ..... X.... ............................... .,.............. ............................... 7 X..... ............................... ................. ............................... 8 X................. ............................... ............................ 9 X......................................................... ............................... 10 X......................................................... ............................... 11 5;a °j:: TowN OF GuL,F STREAM PALM BEACH COUNTY, FLORIDA ACTUAL COST OF DUPLICATION Include actual cost of duplication form/table 4�IA� TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS REPORT USE THE BELOW INFORMAITON TO MAKE UP THE REP&f' ,, A form will be used by the Town Manager (see "Public Records Report "•withffi (SUPPLEMENT) FORMS) that shall be filled out with the assistance of the Town Clerk or design) e, to report the following information: 1. A list of any public records training activity that has been undertaken by staff since the last Public Records Report. 2. A list of upcoming trainings available—to staff that:can be applied to satisfy the Staff training requirement as outlined in part (3) STAFF EDUCATION AND TRAINING of the Public Records Compliance Program. . ..1 3. An explanation of the current procedures Staff is undertaking to fulfill all incoming requests. This should align with part (1) PoLIgES AND PROCEDURES of the Public Records Compliance Program, subject to change to best conform to any changes in the ,Public Records Laws and advice from counsel. 4. An estimation of th'e time spent responding to public records by Town Staff, and if any special service or other charges have been received for staff time by the parties requesting these records,, a list of the dollar amounts that have been received to offset the production of public records pursuant to Fla. Stat. § 119.07 (4)(d). 5. If any special service charges have been allocated to paying vendors to provide public records pursuant to,their duties under the Public Records Laws, a list of those vendors, the amount charged to the Town, and the amount received from the Requestor. 6. The number of incoming requests received, estimates provided, responses given, and still open requests. A list of the public records requests received since the last public records report shall be attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to the Public Records Compliance Program in part (4) MONITORING OF INCOMWG REQUESTS. ��a r T a F , T O W N O F G U L F S T R E A M P A L M B G A C I I C O U N T Y , F L O R I D A E M P L O Y E E D I S C I P L I N E F O R P U B L I C R E C O R D S V I O L A T I O N (2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA + (2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA PUBLICREcoRDs COMPLIANCE PROGRAM %K Ex • 13 TABLE OF CONTENTS (1) POLICIES AND PROCEDURES (2) CHAIN OF COMMAND (3) STAFF EDUCATION AND TRAINING (4) MONITORING OF INCOMING REQUESTS (5) REPORTING COMPLIANCE TO THE TOWN COMMISSION (6) ENFORCEMENT OF POLICIES (7) ANNUAL REVIEW (SUPPLEMENT) ATTACHMENTS (1) POLI TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA CIE S, PROCEDURES O ?7 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Public Records Requests_i r 1. Introduction �i'•_- The records that the Town of Gulf Stream ( "Town ") keeps in the course b f garrying out its duties and responsibilities are public records. Public records are different from records of businesses and private organizations because Florida Law requires public records to be readily accessible and available to the public upon request. Employees and agencies do not bave,the authority to withhold records deemed "sensitive." The only records that can be withheld from public disclosure are those specifically designated by the Florida Statutes as confidential or exempt. This policy will provide employees with the information necessary to understand and carry out their public records responsibilities. This policy will affirm the public's right to access Town records and the commitment of the Town to respond to each'request in'a time thaf'is reasonable under the circumstances of each request This, policy will also set forth procedures _that will facilitate access to the information requested and'.establish,fees to-be paid to the Towrito cover the cost of responding to public records requests in accoxdcnce with Florida law. 2. Policy'' It is the Town's Policy to ensuie:that public records in the Town's custody are maintained and managed as required _by,Florida'S'Public Records Laws. These laws provide that all materials made or received by Florida's focal governments in connection with their official business are public records. The Town responds to all public records requests in a timely manner. A Town employee is designated as the Public Records Coordinator by the Town Manager to assist with the production of public records requests, and reports directly to the Town Manager. It is the policy of the Town that all public records, with the exception of records or portions of records exempted by Florida Statutes, shall be open for personal inspection by any person. 3. Purpose The purpose of this policy is to provide Town employees with the information and procedures necessary to understand and carry out their responsibilities under Floridas Public Records Laws, including the requirements for managing public records, and the manner in which public records requests are to be processed to ensure that responses to each request are organized, inclusive, and in compliance with applicable statutes and rules. 4. Scope This policy applies to all Town employees, who are responsible for forwarding any public records requests to the Records Custodian or Public Records Coordinator. This policy applies to all public records of the Town, regardless of the medium in which they exist, i.e. paper or electronic. 5. Definitions a. "Public records" are 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 official business by any agency. Florida Statutes § 119.011(12). b. "Confidential' means public records that have been identified in the Florida Statutes as confidential. The information in these records is not subject to inspection by the public and may be released only to the persons and entities designated in the statute. c. "Exempt' means public records that have been identified in Florida Statutes Chapter 119 or oche ;;;applicable Florida Statutes as exempt from public disclosure. d. "Inactive records" means records which have lost some of their value or have been superseded by new records, but have not reached their specified retention. Records that are referenced less than once per month are usually considered inactive. e. "GSI -SL" means the General Records Schedule GSl -SL for State and Local Government Agencies, which is available at hLip://dlis.dos.state.fl.us/recordsmpmt/gen records schedules.cfm 6. Records Management Records management entails retention, storage, disposition, and all other record - keeping requirements and practices that support Department programs, activities, operations, and accomplishments in order to best serve the public. Organization and Maintenance: Public Records sball be organized, arranged, and maintained using a filing or record keeping system that is appropriate to the nature, purpose, and use of the records, can be easily understood by all users, and facilitates the location of and access to those records by all users, when and where it is needed. Retention of records: The Town follows the General Records Schedule GSI -SL for State and Local Government Agencies and other General Records Schedules that may apply to specific records maintained by the Town, e.g. records pertaining to Law Enforcement. Disposition of Records: The Town should systematically dispose of public records that have met their retention requirements and are no longer needed. The Records Custodian or designee must properly document disposition of public records. A records' disposition document form is available from the Division of Library and, Information Services website at http: / /dlis. dos. state.R.us / barn / forms /dispositiondoe.gdf.':: The Records Custodian must permanently retain the completed disposition forms. 7. Procedures for responding to a Public Records Request.. The Town shall respond to all publio'records requests in a reasonable time, taking into account the extent, scope, and nature of the request. A public records request is a request to either inspect `orcopy, or both, public records pursuant to Florida Statutes Chapter 119. There is no requirement that 'the, request be made in person or in writing, or be in any particular form. The person making the request is not required to identify himself or herself, or to provide information about the reason for the request, or how the records will be used—All requests should be directed to the Records Custodian or Public Records Coordinator.. ;;�i:;:;,: ;,•, The request'ust be clear-ohqugh to enable the Town to conduct a meaningful search. The agency may.`ask, questions about the request in order to respond to the request fully and in a timely manner: -If� the records: requested are in the possession of a commission member or member of a Towik board, the' Town shall forward the request and a description of what is needed. If the records`' equested dre in the possession of a third party acting on behalf of the Town, the Town sball':consuji;with the Town Attorney and may forward the request and a description of what is needt4,,. , Responding to a Public Records Request: The Town of Gulf Stream has developed the following internal procedures to respond to a public records request and assist the public in obtaining public records: G Mark Public Records Request as received: If the request is received by someone other than the Records Custodian or Public Records Coordinator, the employee will forward the request to the Public Records Coordinator or Town Manager, who will then add the request to the Public Records Log for monitoring purposes Acknowledge receipt of Public Records Request: As soon as reasonably possible after the valid receipt of a Public Records Request, the Town of Gulf Stream will acknowledge the request in writing. A sample letter is provided as Attachment 1. Request for Clarification: As a courtesy to the request5r'to ensure the proper documents are produced or an accurate estimate is provided, if the rejguast requires clarification the Town will send correspondence asking the requester to clarify�tfie request before proceeding with production or an estimate. Requests for clarification will be sent 'out 'when a request is very broad in scope, ambiguous, or at the discretion of the Public Records Coordinator if he or she needs further clarification to fulfill the request. A sample letter is provided aYAttachment 2. Estimate letter: If it is determined to ;be necessary by the Public Records Coordinator, he or she will provide the requestor with an - .6inate of the cost to produce the documents and ask for the estimate to be paid prior to the requestor receiving the documents. Prior to the production of public records, the Town shall notify the requester of the estimated cost if the cost will exceed $1 and ask for a deposit to cover the estimated cost. Estimates shall contain an itemized breakdown of charges, i.e. number of pages and any special service charge as described below. Production of documents that are $1 or less will be provided free of char&.' The cost of mailing,or shipping the requested material may also be added if the requestor asks that the material be delivered instead of the requester picking up the material in person. When records can be sent electronically, the Town will make an effort to do so in the interest of efficiency and to minimise costs. In these cases, the Town will charge only for extensive time, if applicable. If the records must be placed on an electronic storage device or because the requestor does not want them sent by email, the cost of the storage device will be charged in addition to, any other charges. When the request does not require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be calculated by Fla. Star. § 119.07 (4), and up to 15 cents may be charged per one -sided copy of not more than 14 by 8 '/z inches, with no more than an additional five cents to be charged for each two -sided copy. For all other copies, the actual cost of duplication may be charged as calculated in Attachment 3. When a request does require extensive use of information technology resources or extensive clerical or supervisory assistance by personnel, the estimate shall be the sum of the actual cost of duplication and a special service charge in the amount of the labor cost of the personnel providing the service. The estimate shall include a breakdown of the estimated cost, which shall include the hourly employee rate and estimated time that will be required, and/or the number of responsive documents identified that will fulfill the request. The wage expense portion of the public records special service charges shall be calculated by including the hourly value of benefits in addition to the hourly base rate of pay. The requestor shall not be charged for the first 15 minutes to fulfil the request; the extensive use charge shall be calculated after the first 15 minutes. Deposit Collection: The Town Clerk or designee shall be responsible for collecting the deposit and the Town will commence production of documents only after receiving a deposit. Deposit fees may be paid by cash, check, or money order made payable to the Town of Gulf Stream. Records production: The Town shall make every effort to fully respond to all Public Records Requests within a reasonable time. When warranted and at the discretion of the Public Records Coordinator, the Town may produce documents that are partially responsive. For example, when both electronic and physical records are responsive to a request, the Town may produce those documents electronically, and produce copies of the physical records to be picked up at the Town Hall. ., - When sending requested records, the Town shall, include a cover letter explaining the status of the matter. If the production of public records is responsive to the request in full, staff shall indicate that the request is considered fulfilled and closed. If the production of public records is responsive to the request in part, staff shall communicate the reason for the partial production (i.e. some records sent electronically, some awaiting pickup) and, if possible, the anticipated response time in fulfilling; what remains of the request. r The Town may not delay production of records. Records must be produced within the time reasonably required to identify, collect, and copy them for the requestor. The Town must make a good faith effort to satisfy the request promptly, consistent with available resources and other priorities. The Public Records Law does not require the Town to generate or create new records not already in the Town's custody in response to a public records request. When a request is made, all documents in the Town's possession at that time that may be responsive must be produced. If other documents that are responsive to the request are created subsequently to the request being received, they are not included in any response. Letter asserting exemptions to Public Records Law: The Public Records Coordinator will identify potentially exempt documents and, if necessary, consult with the Town Attorney to determine whether these document(s) are exempt. Every time a document has been identified as exempt or confidential, the Public Records Coordinator must communicate any exemptions to the requestor, redact and produce the document if necessary, and cite the specific section of the Florida Statutes that covers the exempt information. If only part of a record is confidential or exempt, the Town must redact that information and provide the remaining record to the requestor. The Town's preferred method of redacting records is through the Town's electronic records management software, however, the Town may also black out the exempt information on a copy of the original, photocopy the marked copy, and provide the final copy to the requestor. The marked copy may be destroyed. Other methods are acceptable and may be used as long as the confidential or exempt information is not released to the requestor. Pies\ J i t TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA s� (2) CHAIN OF ;COMMAND 10 Towle of GULF STREAM PALM BEACH COUNTY, FLORIDA Chain of Command 1. Town Manager The Town Manger is the senior level officer responsible for delegating responsibility for responding to all public records requests and naming those employees who will serve in the position of Public Records Coordinator. The Towd ylanager shall be responsible for monitoring the timely performance of responses to, public recdr - Vegtiests and reporting compliance with the public records laws to the Town Commission. 2. Public Records Goordinetor The Town Clerk, or other town employee designated by the Town Manager, shall serve as the Public Records Coordinator ( "PRC "), who shall be responsible for monitoring all incoming public records requests and adhering to the ;policies and procedures of how to respond to these requests as outlined in (1) POLICIES AND Pltomft5o - within this manual. L z The PRC is responsible for keeping a,tog`of all public records requests through the implemented monitoring system outlined in (4) MONI`I;O'RING OF INCOMING REQUESTS and reporting regularly, depending on the volume of incoming public records requests, to the Town Manager on compliance and any issues with production. Issues should be resolved within a reasonable time after the meeting with the Town Manager. The PRC has access to the Government -in- the - Sunshine manual, training, and other resources to assist him or her in the timely production of public records, including the Florida Division of Library & Information Services, and the Florida Attorney General's Offices. If PRC is unsure how to proceed after conferring with the resources listed above, and has communicated this to Town Manager, Town Manager can authorize PRC to contact Town Attorney to provide guidance on how best to comply with the law. 11 off'-. ST f ?m TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (3) STAFF EDUCATION AND TRAINING 12 Town of GULF STREAM PALM BEACH COUD y, FLORIDA Staff Education and Training Town Employees who handle public records requests' will at4eif &at least one training session relating to Florida's public records laws and compliance per year. If. the employee is a new hire and has not handled public records requests before within the State of Florida, the employee must attend a training as soon as is reasonable after his or her hire date. ? , These training events can be in- person seminars, pending approval of travel and conference expenses; on -site training on the Town's records management software; or any of the various webinars offered by the State of Florida, the Florida Institute of Government, and other Florida - specific public records trainings. Other public records ttrniiigs may be authorized or required by the Town Manager. 13 ri r,r: ?T IF"- _ I I, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA n?, (4) MONITORING OFD INCOMING BEQUESTS w - 14 r • Vii...,, TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Monitoring of Incoming Requests The Public Records Coordinator is responsible for logging all incoming requests through the date of production and close out. An Excel spreadsheet or other similar`program, for example what is available through the Town's electronic records management sofl_tivare, should be used to, at minimum, track the following: 1. Date Received The date the Public Records Request was received 2. Received by The Town employee who received the record 3. Requestor 1. Name, email address, or other identifier of the entity or person making the request 4. Respond to The preferred method of response, i.e. an email or mailing address. 5. Public Records Requested In two columns: i, the name of the request, e.g: the subject line of the email, for tracking purposes ii. the actual language used by requestor to identify documents 6. Date of acknowledgment letter The date the acknowledgement letter was sent out by the Town 7. Date of Estimate (if applicable) The date the estimate letter was sent out by the Town 8. Date of Production The date responsive documents were sent out by the Town documenting when the request was closed 9. Follow -up The date of any follow -up with brief description, e.g. 9/5/12 request for clarification This documents any additional correspondence that is not in the ordinary course of business but that the Town provides for within (1) POLICIES AND PROCEDURES 10. Notes Any additional information that would be helpful to anyone reviewing the document or to describe what was produced. This will facilitate productive 15 meetings between the Public Records Coordinator and the Town Manager, e.g. email attachment; NSR (no such record exists) The Town Clerk, Town Manager, and Public Records Coordinator shall meet annually, or more frequently at the discretion of the Town Manager depending on the activity, to review the status of matters on the public records spreadsheet. 16 r ip. kip 16 r 1. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (5) REPORTING COMPLIANCE TO THE Tolw-N COMMISSION Tt 17 Il/ J4 tp J TOWN OF GULF STREAM PALM BEACH CouNTY, FLORIDA Reporting compliance with the Public Records Laws to tho `�'qwn Commission is essential. The .01 Y.I. Town's elected officials must be informed of the To !w abrlrty to respond to public records t�H requests so they can make decisions about staff training and additional policies and procedures that may be needed to further the Town's goal of providing access to public records. A form will be used by the Town Manager (Attachment 4) that shall`66jiilled out with the -n_ assistance of the Public Records Coordinator, to report the following informatioh: 1. A list of all public records training activity that has been undertaken by staff since the last Public Records Report. 2. A list of upcoming public records trainings available to staff that can be applied to satisfy the Staff training requirement as outlined in part (3) STAFF EDUCATION AND TRAINING. 3. An explanation of the current procedures Staff is undertaking to fulfill all incoming requests. This should align with part (l) POLICIES AND PROCEDURES, subject to any changes in the Public Records Laws and advice from Town Attorney. 4. A,gi 6tiinate of the time spent responding to piiltlic records by Town Staff, and if any special service charN;es have been received. 5. Wlist of all vendors.who have been asked to provide public records pursuant to their duties=der the Public Records Laws, the number of requests, and any special service charges,paid by the Reijuestor. 6. The number of (a) incominng requests received, (b) estimates provided, (c) fulfilled ., requests, and (d) still o ' u requests received since the last Public Records Report. A list of these requests shall attached, made up of the corresponding section of the tracking sheet which is maintained by the Town pursuant to part (4) MONITORING of INCOMING REQUESTS. 7. A summary of other costs incurred by the Town related to compliance with the Public Records Laws. This information will be reported to the Town Commission annually, or more frequently at the discretion of the Town Manager depending on the activity to report- 18 f:1.IJ; � � n 3 'T Towle of GULF STREAM PALM BEACH COUNTY, FLORIDA (6) ENFORCEMENT OF POLICIES 19 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Enforcement of Policies The policies in the PUBLIC REcoRDs CONDLIANCE. manual shall be followed at all times. In the event they are not followed, or if a lawsuit is filed,, the Town Manager or Town Attorney will inform the Town Commission at the next scheduled Commission meeting. At the meeting, the Town Commission, Town Manager, and>Town Attorney shall discuss how to implement appropriate res onsive measures to im i e,:and'enforce compliance if the Town's P P Pte,. P policies and procedures were not followed. Violation of polices by Town Staff A violation of the above policy outlined in the PUBLIC RECORDS COMPLIANCE manual by the Town Clerk, Public Records Coordinator, or any. employee of the Town of Gulf Stream may result in disciplinary action, up to and including termination of employment. Violations shall be reported to the Town Commission at the nexf Commission meeting by the Town Manager by filling out the form "Employee Discipline for Public Records Violation." (Attachment 5). If an employee is unsure how to respond .to a public records request, he or she must communicate that to the Public Records Coordinator prior to production of any responsive documents. 20 a� 3' o p. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (7) ANNUAL REVIEW 21 _ T 3 2n TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Annual Review At the end of each fiscal year, the Town Attorney shall review the Town's public records compliance process and 'PUBLIC RECORDS COMPLIANCE manual in an annual Public Records Policy Review meeting with the Town Manager_ and, if appropriate, other staff handling public records. The goal of this meeting is to determine whether changes should be made to this PUBLIC RECORDS COMPLIANCE manual to reflect any updates to the Public Records Law and to further the goals of the Town of Gulf Stream in providing the public with access to public records. Any changes proposed at the Public Records Policy Review meeting and agreed upon by Town Attorney shall be incorporated into a revised PUBLIC RECORDS COMPLIANCE manual, which shall be presented at a TO" `Commission meeting to discuss the revisions and adopt the revised PUBLIC RECORDs COMPLIANCE manual. If there are any additional changes proposed at the meeting and approved by the commission, the manual shall be further revised to reflect those i changes, and resubmitted for approval at the next commission meeting. 22 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 23 (SUPPLEMENT) ATTACHMENTS 23 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA 4v try (SUPPLEMENT) ATTACHMENT ACKNOWLEDGMENT LETTER 24 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail [insert date] [insert name of requestor] [insert preferred method of communication, e.g. email address or phone number] Re: PUBLIC RECORDS REQUEST — [insert name or description of request] [copy of the request as stated by the requestor'.;; Dear [insert name of requestor], The Town of Gulf Stream has received your public records request dated [insert date]. If your request was received in writing, then the first page of that request is attached to this cover letter. If your request was verbal, then the description of your publl "records request is set forth in the space below. Our staff will review your request within the nezf .three business days, and we will promptly send you the.appropriate response or an estimated cost to'respond. Sincerely, Town Clerk Custodian of the Records .•,r 25 Your original request, dated [insert date], is reproduced in the space below: [insert copy of email, fax, or transcribed request] 26 L: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (SUPPLEMENT) ATTACHMENT 2 SAMPLE REQUEST FOR CLARIFICATION LETTER r:- 27 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail [insert date] [insert name of requestor] [insert preferred method of communication, e.g. email address or phone number] Re: PUBLIC RECORDS REQUEST — [insert name or description of request] [copy of the request as stated by the requeslor j, Dear [insert name of requestor], The Town of Gulf Stream has received your public records request dated [insert date], which was acknowledged on [insert date] and is reproduced on the following pages. This letter requests clarification of [state what portion of the request, or language of the request is unclear] of your request ;before determining whether to provide you with an estimate for the extensive use of information technology resources or extensive clerical or supervisory assistance as described in Fla. Stat.,. §, 119.070)(d). This request for clarification is done as a courtesy to you to ensure the Town is able to accurately and promptly provide you with either an estimate, if necessary, or production of the public records you seek. Please clarify the above request as indicated and the Town of Gulf Stream will proceed with fulfilling your request, or providing you an estimate of the cost of production based on your clarification. Sincerely, Town Clerk Custodian of the Records 28 T? J f � 1 I TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (SUPPLEMENT) ATTACHMENT 3 ACTUAL COST OF DUPLICATION 29 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA The actual cost of duplication may fluctuate based on changes in the below variables. The Town shall review such fees on a periodic basis to avoid any danger of conflict with the statutory definition of "actual cost of duplication." Fla. Stat. & 119.07 (4)(a)3 — Actual Cost of Duplication (updated November 2013) Based on the following information, the Town of Gulf Stream's actual cost of duplication per Fla. Stat. § 119.07 (4)(a)3 is as follows: 8' /z x 11 $0.08 per sheet 8'h x 14 $0.09 per sheet 11x17 $0.11 per sheet These figures are based on the paper cost; monthly copier fee for rental , maintenance, and ink divided by the average number of pages printed per month during FY 2013; and the fixed meter charge. This information is detailed on the following pages. Paper Cost The cost of the different sizes of paper is.responsible for the difference in actual cast of duplication stated above. Based on the supplemental figures detailed on the following page, the Town of Gulf Stream's actual cost for paper is as follows: 8' /z x 11 $0.01 per sheet 8 %z x 14' '" ` $0.02 per sheet l 1x17 $0.04 per sheet Monthly Copier Fe,e'�for Rental, Maintenance, and Ink The Town's cost to rent the copier is $501.42 per month. This figure includes all ink, service, and maintenance. The monthly average number of pages printed by the Town during FY 2013 is 8088. Based on these figures, it costs the Town $0.06 per copy for use of the printer, all ink, service, and maintenance. (See supplemental figures, below, for a breakdown of these figures). Fixed Meter Charge In addition to the monthly fee discussed above is the per -copy fixed meter charge. This charge is $0.01 for black & white copies, and $0.07 per copy for color copies. 30 Supplemental itgures -Fla. Stat 5 119.07 (4)(a)3 - Actual Cost of Duplication Paver Cost 8.5 x 11= $0.01 $6.89 for 750 pages = $0.01 (rounded from $0.0092) 8.5x14 =$0.02 $11.49 for 500 pages = $0.02 (rounded from $0.0229) 11x17 = $0.04 $22.49 for 500 pages = $0.04 (rounded from $0.0449) Monthlv Covier Fee for Rental. Maintenance, and Ink 6. 6952,1291 8243 7. 10246,1139 11385 a. 2446, 427 8. 6497,1534 8( 9. 5252, 1901 71 (start 2012, FY 2013; 10. 6656, 1289 7945 11. 7846,2067 9913 12 4496 1289 5 85 2873 (second half of invoice) 7 97,058 total copies made for FY 2013 Divided by 12 months = 8088, the average number of copies per month for FY 2012 Monthly Copier Fee for Rental, Maintenance, and Ink: $501.42 Average pages per month divided by monthly copier charge = $0.06 (rounded from $0.0619) Fixed Meter Charge B &W $0.01 (rounded from $0.0099) Color $0.07 (rounded from $0.0690) 31 Number ofcopies made during FY 2013 t <t Month b&w Color Total 1. 5740, 1002 6742 �? 2. 5233, 1004 6237 3. 4155, 1161 5316 4. 6884,699 7583 5. 7971, 1881 9852 6. 6952,1291 8243 7. 10246,1139 11385 a. 2446, 427 8. 6497,1534 8( 9. 5252, 1901 71 (start 2012, FY 2013; 10. 6656, 1289 7945 11. 7846,2067 9913 12 4496 1289 5 85 2873 (second half of invoice) 7 97,058 total copies made for FY 2013 Divided by 12 months = 8088, the average number of copies per month for FY 2012 Monthly Copier Fee for Rental, Maintenance, and Ink: $501.42 Average pages per month divided by monthly copier charge = $0.06 (rounded from $0.0619) Fixed Meter Charge B &W $0.01 (rounded from $0.0099) Color $0.07 (rounded from $0.0690) 31 ����. 1 0 : I I " t " T �� J r Y 1 �� T O W N O F G U L F S T R E A M P A L M B E A C H C O U N T Y , F L O R I D A ( S U P P L E M E N T ) A T T A C H M E N T 4 R E P O R T I N G P U B L I C R E C O R D S C O M P L I A N C E T O T H E T O W N C O M M I S S I O N 3 2 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA To: Town Commissioners Re: Town Compliance with the Public Records Laws and Public Records Comoliance Pro Description of current procedures undertaken by Staff (ofulfll incoming requests Estimate of time spent responding to public records requests and list ofspecial service charges paid by requestom, Activity since last report Incoming requests: Estimates provided: Fulfilled requests: Open requests: (Public Records tracking log is attached) 33 Recent Public Records Training Activities applied to annual requirement and name of attendees Upcoming Public Records Trainings Available to Staff to satisfy annual requirement rf_9�J Other costs incurred by.the Town related to compliance with the Public Records Law Vendors who have been asked to provide public records, the number ofrequests received relating to records held by each vendor, and a list of any special service charges from the requestor paid to those vendors 34 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA (SUPPLEMENT) ATTACHMENT 5 EMPLOYEE DISCIPLINE FOR PUBLIC RECORDS VIOLATION 1. 35 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Employee Discipline for Public Records Violation Name of employee: Type of discipline received: Date of violation: Oral reprimand Written reprimand Suspension or termination �5i;k . y., Description ofpublic records violation Jam. Has the employee committed arty public records violations in the past? If yes, explain: Description of action taken by Town Manager to prevent future violations 71 JONESF®STTER JOHNSTON &STUBBS, P.A. Joanne M. O'Connor Attorney 561.650 -0498 Fax: 561- 650 -5300 joconnor@jonesfoster.com May 30, 2014 VIA EMAIL (hoppC@mvdeiravbeach.com) Anne Hopp City of Delray Beach Police Department Dear Ms. Hopp, Thank you for taking the time to speak with me yesterday. As I mentioned, the Town of Gulf Stream has, in the course of the litigation pending in the Circuit Court of the 151h Judicial Circuit in and for Palm Beach County captioned O'Boyle v. Town of Gulf Stream, Case No. 2014CA004474XXXXMB AG, received a request to produce documents that may be in the possession, custody and control of the City of Delray Beach. Specifically, the Town has received a request for "(a)ny transcripts or recordings of any communications made by members or employees of the Gulf Stream Police Department and third parties regarding the removal of political or campaign signage on March (31 and 4, 2014." I understand that pursuant to its regular schedule the City of Delray Beach destroys records of radio communications after 90 days and, therefore, write to you in order to facilitate the preservation and production of these records. Please allow this letter to request that you immediately remove from any document destruction schedule, presence and maintain (or forward to me on behalf of the Town) the following: • any recordings of radio communications of the Town of Gulf Stream Police Department for March 3 and 4, 2014. Of the foregoing recordings from March 3 and 4, 2014, if any, please immediately forward to me on behalf of the Town the following: • any recordings of radio communications that relate or refer to Town of Gulf Stream Police Department Case Number 14.0417; and, Since 19241 Nut Palm Beach I Jupiter Flaglcr Center Tower 505 South Hagler Drive, Suite 1100 Wut Palm Beach, Florida 33401 EV - / /� - www.loncsfosler.com May 30, 2014 Page 2 • any recordings of radio communications by any officer or employee of the Town of Gulf Stream, including Officer #727 (Sgt. John Haseley), made on March 3, 2014 from the time 1400 Hours to 1735 Hours. Additionally, please advise of the individual working dispatch on March 3 and 4, 2014 or, at least, on March 3, 2014 from 1400 Hours to 1735 Hours. Please do not hesitate to contact me should you require any additional information. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. By Jo n M. O'Connor JMO:mtm cc: John C. Randolph, Esq., Town Attorney pAdow \13147 \0006011KIIh5663.doa Anthony W. Strianese Chief of Police Delray Beach DELRAYBEACH Police Department COMMISSION A""erica" 300 West Atlantic Avenue Delray Beach, Florida 33444 -3695 (561) 243 -7888 Fax (561) 243 -7816 Accredited 1993 Since 2004 2001 Joanne M. O'Connor, Esq. Jones Foster Johnson & Stubbs, P.A. 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 104 Deal- Ms. O'Connor: June 6, 2014 Public Records Request In accordance with your letter of May 30, 2014, 1 am sending you documents and a disc I received from Katie Hartmann, our Communications Manager: I urderstarid you have spoken with Ms. Hartmann directly regarding this request. If you need any further information or have any questions, you may reach her directly at (561) 243 -7857. Athlenc. Sincerely yours, Anne T. Hopp Asst. to Catherine M. Kozol Police Legal Advisor Asst. City Attorney Serving with P.R.I.D.E. Professionalism, Respect, Integrity, Diversity and Excellence COMMUNICATIONS CENTER SHIFT REPORT Date: M1(Y —VM I Shift: Recorder Status: 0600-0800 0800-1000 1000-1200 1200-1400 1400-1600 1600-1800 Anderson, M. Shenlanan, L. D k . Seers, J. F Anderson,C (PT) Arena, S. (PT) 6 Bascomb, K. Brito, M. Brooks, L. (PT) Brown, A. Butler, R. Delaney, D. (PT) Drinkwater, K. FIN Goldstein, D. Hoogerwerf, S. Lofts, IC 5 Marino, W. (PT) Ma bee, A. Nixon, J. (PT) Rotondi, M. Skeberis, A. Smith, M. Tarantino, S. Tobe , M. Turner, C. Valdez, L. (PT) lifb DnQ - Recorder Payroll Teletype BOLO's Reports faxed DCF Log Kitchen A- School / BL- Bereavement / HO- Holiday Option / N- Regular Day Off / S -Sick / CT -Comp. 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U) !)§ 7q§gq ° E 2 Q -- §r§| mmunu li E® n \!NI i ; G2 ( m{ § /f ) 0 ) §�. �����. § ( � Event ID: 2014. 0019359 Rpt #: 14-000417 CITY OF DELRAY BEACH Call Rat #:822 Prime 7D3 Event Report Date/rime Received: 03103/1415:55:30 Services Involved Call Source: SELF unit: HASELEY, J LAW Location: 2900 AVE AUSOLEIL . Jur: DB Service: LAW Agency: GSPD X -ST: SUBeat: GS District: RA: Business: Phone: GP: GS Nature: CIVIL MATTER P3 Alarm Lvl: 1 Priority: 3 Medical Priority: 0 Reclassified Nature: Caller. Alarm: Addr: Phone: Alarm Type: Vehicle #: St: FL Report Only: No Race: Sex: Age: Call Taker: Unit:7D3 Console: QRYSRV 3eo-Verified Addr.: Yes Nature Summary Code: S66 Disposition: IR Close Comments: Votes: zone two at 1615 hrs [03/03114 16:20:34 Unit:7D3] SIGN ORDINANCE [03/03/201415:55:30 Unit:7133] Times . Call Received: 03103/14 15:55:30 Time From Call Received Call Routed: 03/03/14 15:55:31 000:00:01 Unit Reaction: (1st Dispatch to 1st Arrive) Cell Take Finished: 03/03/1415:55:31 000:00:01 En- Route: (1st Dispatch to 1st En- Route) 1st Dispatch: 0310311415:55:31 000:00:01 (l7me Hell) On -Scene: 000:44:21 (1st Arrive to Last Clear) 1 st En- Route: 1 at Arrive. 03/03114 15:55:31 000:00:01 (Reaction Time) Last Clear: 03/03114 16:39:52 000:44:22 Radio Log Close Unit Empl ID Type Description Time Stamp Comments Code User 7D3 727 D Dispatched 03103114 15:55:31 Stat/Beal: GS ;SIGN ORDINANCE UnIt:7D3 7D3 727 A Arrived 03/03/14 15:55:31 Stat/Beat: GS ;SIGN ORDINANCE Unit:7D3 7133 727 . C Cleared 03/03/1418:39:52 IR Unit:7D3 Event Log Close Unit EmplID Type Description Time Stamp Comments Code User TR Time Received , 03/03/14 15:55:30 FIN Finished Call Taking 03/03/14 15:55:31 Report Generated: 06/0212014 10:22:44 1 User ID: SHENKMAN EventHlstay_Event Portrait Unit:7D3 Unit:7D3 Event ID:2014 -0019359 Call Ref #: 822 CIVIL MATTER P3 at 2900 AVE AUSOLEIL RPT Requested Report# 03/03/1415:55:32 GSPD Report #14- 000417 Unit:7D3 Unit:7D3 ARM Added Remarks 03/03/14 10:20:34 Unit:7D3 Event Report Page 2 Of 2 Ad Hoc Report: GS GS Date: 6WO14 Description: Delray Beach PD S.hweUat Tlme P..Klana) ANI M120147:17:09 AM 39 557 - 27&x511 .Page 1 of 1 https:// fl. ecats9lI. com/ DesktopModules/ AdHocReports/Viewer /ReportPane.aspx ?id =1073 6/5/2014 'Ad Hoc Report: GS rage t or i GS Date: 6152014 Description: Delray Beach PD No reeurds No records found for Delmy Beach PO 10 https: / /fl.ecats9l 1. com IDesktopModuleslAdHocReportsIVi ewer/ReportPane.aspx?id =1071 6/5/2014 Ad Hoc Report: GS GS Date: 61612014 Description: Defray Beach PD No mcords No remrdsfound for Delmy Beach PO rage > or i https:// fl. ecats9ll. com/ DesktopModules/ AdHocReports/Viewer /ReportPane.aspx ?id =1070 6/5/2014 Ad Hoe Report: GS GS Dale: 0/5/2014 Description: Delray Beach PD No rnemds No records found for Delray Boach PD Jt�22�1 / rage r or i https: / /fl.ecats9l 1. com/D esktopModules/ AdHocReports /Viewer/ReportPane.aspx ?id =1068 6/5/2014 Ad Hoc Report: GS GS Date: 6152014 Description: Defray Beach PD No records No records found far D.Imy Beach PD Page 1 or 1 https:// fl. ecats9ll. com/ DesktopModules/ AdHocReportsIViewer lkeportPane.aspx?id =1067 6/5/2014 ��. J " . : : i - . � ' i ��` ` u \ ��. n ��v i . f& v ` ; ��, : . , ` ` , ^ O r . , . , ���� ��a . �� / / �� l ` 6 Kelly Avery From: Postmaster Sent: Tuesday, April 21, 2015 2:33 PM To: Local Recipient Subject: 1J58564- complaint oboyle vs gulf stream .60.PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1J58564- complaint oboyle vs gulf stream .60.PDF File Size 2051059 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA MARTIN E. O'BOYLE, Plaintiff, CASE NO.: 2014CA004474 AG V. TOWN OF GULF STREAM, Defendant. The Plaintiff, MARTIN E. O'BOYLE, ( "Plaintiff'), by and through the undersigned counsel, hereby sues the TOWN OF GULF STREAM, ("Defendant), and as grounds therefore alleges the following: 1. This action concerns Defendant's violation of Plaintiff s civil rights pursuant to Article I, Section 24 of the Florida Constitution and Chapter 119, Florida Statutes, (the "Public Records Act"). 2. This action seeks declaratory, injunctive, and monetary relief. 3. Plaintiff seeks an order declaring Defendant to be in breach of its constitutional and statutory duty to provide Plaintiff a copy of all records responsive to his Request in the medium requested and maintained by Defendant, and awarding Plaintiff attorney's fees and costs. Additionally, Plaintiff requests this matter be expedited pursuant to Section 119.1 1(1), Florida Statutes. PARTIES, JURISDICTION AND VENUE 4. Plaintiff is a Florida citizen who resides in Palm Beach County. 5. Defendant is an "agency" pursuant to Section 119.011(2), Florida Statutes and is otherwise sui juris. 1 6. Defendant has a duty to permit the inspection, copying, and photography of Defendant's public records by any person desiring to do so, at a reasonable' time, under reasonable conditions, and for reasonable costs. (Emphasis added). See § 119.07, Fla Stat.; Art. 1, § 24, Fla. Const. 7. This Court has subject matter jurisdiction pursuant to Article V, Section 5(b) of the Florida Constitution, and Section 119.11, Florida Statutes. 8. This Court has personal jurisdiction over the Defendant because the Defendant is a public agency located in Palm Beach County, Florida. 9. The causes of action in the instant case accrued in Palm Beach County malting this Court the appropriate venue for the vindication of Plaintiff s civil rights. FLORIDA'S PUBLIC RECORDS ACT 10. Florida's Public Records Act implements a right guaranteed to members of the public under the Florida Constitution, therefore promoting "a state interest of the highest order." See NCAA v Associated Press, 18 So. 3d 1201,1212 (1 st DCA 2009). 11. 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. 12. Under the Public Records Act, "[e]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(1)(a), Fla Stat. 13. The 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), §119.07(3)(a), Fla. Stat; Art I, § 24, Fla. Const. 14. Defendant has an express statutory duty to make public records available for inspection virtually on demand. See generally Fla. Stat. § 1I9.07(1)(a); Tribune Co. v. Cannella, 458 So. 2d 1075, 1078 (Fla. 1984). FACTS RELEVANT TO ALL COUNTS 15. Plaintiff hired the undersigned attorneys and is entitled to recover from Defendant its reasonable attorney's fees, costs, and expenses pursuant to Section 119.12, Fla. Stat. 16. On March 6, 2014 Plaintiff submitted a public records request ("Request") via facsimile to Defendant (See Exhibit A attached hereto and incorporated by reference.) 17. Plaintiff's Request asked for the following information from Defendant: Please provide a copy of all Police Reports (including any notes generated by any of the Police) and other government records generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014, this would include appointment calendars, timesbeets and radio communications. 1 S. Plaintiff requested public records pursuant to Section 119.011(12), Florida Statutes. 19. Plaintiff asked that his Request be fulfilled in electronic form, if available. See Ex. A. 20. The Request also asked that all records responsive to the Request be emailed to recordsQ.commerce- group.com. See Ex. A. 21. Prior to making the above Request, Plaintiff began campaigning for the upcoming March 11, 2014 Town of Gulf Stream Commissioner's race. 22. Plaintiff posted numerous signs in various locations throughout the Town of Gulf 23. Many of Plaintiffs campaign signs were removed by Defendant 24. Defendant was on notice that Plaintiff intended to take action based upon Defendant's interference with Plaintiffs campaign for Commissioner and was investigating the removal of his signs. 25. On March 7, 2014 Defendant responded with a letter to Plaintiff s Request via email. (See attached Ex. B, which is incorporated herein). 26. Defendant's letter estimated the costs for production of the requested public records as totaling $1.40 for 7 double -sided pages, measuring 8'/2 x 11. See Ex. B. 27. Plaintiff personally retrieved paper copies of the responsive records from Defendant and paid the fee. 28. Defendant did not provide any documents electronically. 29. Defendant provided 5 Gulf Stream Police Department Incident Reports dated March 4, 2014. (See Exhibit C attached hereto and incorporated herein by reference). 30. Defendant's incident reports reveal that telephone calls were made from its telephones. 31. Records of telephone calls made from agency telephones are subject to disclosure in the absence of statutory exemption. 32. Based upon Defendant's Budget for March, 2014 Plaintiff has a good faith basis to believe that Defendant has failed to provide all records that are responsive to Plaintiffs Request. (See Exhibit D attached hereto and incorporated hereto by reference). 33. The Gulf Stream Police Department Budget is included within Defendant's overall budget. See Ex. D. 34. The Gulf Stream Police Department's Budget specifically includes the Police Overtime, Dispatch Service Contract, Executive Salaries, Regular Salaries, Incentive Pay and Communications, infer alia. See Ex. D. N 35. All of the above listed categories include records that fall squarely within the ambit of public records under Florida's Public Records Act. 36. All of the categories listed in paragraph 28 contain records, which are responsive to Plainfzff's Request that specifically addressed "appointment calendars, timesheets and radio communications " 37. The requested documents are easily accessible by Defendant. 38. Defendant cited no statutory exemption, excusing it from compliance with its duties under Florida Public Records Law. 39. Defendant did not provide any records, which are responsive to Plaintiff s Request in the medium that Defendant maintains these records. 40. Violations of Section 119.07, Florida Statutes constitute an irreparable public injury. 41. Defendant's refusal to provide all responsive records constitutes a denial of access to public records in violation of Florida's Public Records Act. 42. Violation of Section 119.07, Fla. Stat. constitutes an irreparable public injury. 43. Plaintiff has a clear legal right to insist that Defendant perform its duties. 44. Plaintiff has no adequate remedy at law. 45. Defendant has repeatedly violated Florida's Public Records Act prior to the filing of the instant complaint. 46. Defendant continues to violate Florida's Public Records Act. 47. This matter must be set for immediate hearing. See Fla. Stat. Section 119.11(1). 48. All condition precedent to this action have occurred, been excused or waived. COUNT UNLAWFUL WITHHOLDING OF PUBLIC RECORDS 49. The Plaintiff re- alleges and incorporates by reference paragraphs 1 through 48 as if fully alleged herein. 50. Defendant, as an agency defined in Fla. Stat Section 119.011(2), owes a duty to provide access to the public to all public records within its control pursuant to Fla. Stat Section 119.01(1). 51. The records, which Plaintiff requested, are public records as defined under Florida's Public Record Law. 52. Defendant violated its duty when it refused to provide all documents responsive to Plaintiffs Request in violation of Section 119.07(l)(a), Fla. Stat. and well - established case law. 53. Defendant's refusal to provide all documents responsive to Plaintiff's Request constitutes an unlawful withholding or refusal of access as contemplated by Florida's Public Records Law. WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section l 19.11, Florida Statutes; (b) Declare that the Defendant's failure to provide the Plaintiff with access to all responsive public records unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution and the Public Records Act; (c) Declare that injunctive relief is appropriate where Plaintiff' has made a showing of a violation of Florida's Public Records Act. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DCA 1989) (injunctive relief appropriate where there is a demonstrated pattern of 0 noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm). (c) Order Defendant to provide all records responsive to Plaintiffs Request in electronic form. (d) Award the Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes; and (e) As the circumstances in the instant case support a finding that officials with the Defendant knowingly violated provisions of Section 119.07(1), forward this case to the State Attorney for possible criminal prosecution per section 119.10(1)(b). (f) Grant other relief as the court should deem proper. COUNT II UNLAWFUL REFUSAL TO PROVIDE RECORDS IN ELECTRONIC FORMAT 54. The Plaintiff re- alleges and incorporates by reference paragraphs 1 through 48 as if fully alleged herein. 55. Defendant maintains public records in an electronic record keeping system. 56. Defendant has a duty to provide to any person, pursuant to Florida's Public Records Act, a copy of any public record in its electronic record keeping system, which is not exempted by law from public disclosure. 57. Defendant has a duty to provide a copy of the record in the medium requested where Defendant maintains records in that medium. 7 58. Defendant failed to provide to Plaintiff a copy of responsive public records in its electronic record keeping system. RELIEF REOUESTED WHEREFORE, Plaintiff prays this Court: (a) Set an immediate hearing pursuant to Section 119.11, Florida Statutes; (b) Declare that the Defendant's failure to provide the Plaintiff with access to all responsive public records in electronic format unconstitutional and unlawful under Article I, Section 24 of the Florida Constitution and the Public Records Act; (c) Order Defendant to provide all records responsive to Plaintiff's Request in electronic form. (d) Declare that injunctive relief is appropriate where Plaintiff has made a showing of a violation of Florida's Public Records Act. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d ACA 1989) (injunctive relief appropriate where there is a demonstrated pattern of noncompliance with the Public Records Act, together with a showing of likelihood of future violations; mandamus would not be an adequate remedy since mandamus would not prevent future harm). (d) Award the Plaintiff his reasonable attorney's fees, costs, and expenses incurred in this action, as provided in Section 119.12, Florida Statutes; (e) As the circumstances in the instant case support a finding that officials with the Defendant knowingly violated provisions of Section 11 9.07(l), forward this case to the State Attorney for possible criminal prosecution per section 119.10(1)(6). (fl Chant such further relief as the Court deems proper. 0 Respectfully submitted, Dated: April 15, 2014 THE O'BOYLE LAW FIRM, P.C. Attorneys for Plaintiff 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone: (954) 574 -6885 Facsimile: (954) 360 -0807 For Service of Court Documents: oboelecourtdocseoboylelawfirm.com By: /s/ Mick Taylor, Esq. Florida Bar #0051629 ntaylor@oboylelawfirm.com VERIFICATION STATE OF FLORIDA PALM BEACH COUNTY BEFORE ME, the undersigned authority, personally appeared MARTIN E. O'BOYLE, who, being first duly identified and sworn, deposes and says that this VERIl IED COMPLAINT is based on records and information known to him, and is true and correct to the best of his knowledge, information, and belief. By: Name: Martin E. O'Boyle STATE OF FLORIDA ) ) SS PALM BEACH COUNTY ) Swam to, affirmed, and subscribed before me this rl day of Arx� 1 12014, by Martin E. O'Boyle. NOTARY PUBLIC STATE OF FLORIDA L� �a.,�;w�c XAT1flEEN60X01AWSIWACA *MYCOUSSIONIEEIOO170 Print' �2�hlee ��o�o�Ski �-2ccc EXPIRES:dul 16, 2015 �+�,.,�n�` BudrdThu &dpdN.lsy &Mces (SEAL) Please indicate: Personally Known: t✓ OR Produced Identification: Type of Identification Produced: 10 EXHIBIT A RECORDS REQUEST (the " Request'0 DateofRequest 316114 Requestor's Request ID#: 457 REQUESTEE: Custodian of Records Town of Gulf Stream Police Department REQUESTOR: Marlin E. O 'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: rewrds@commerce- group.com Fax 954 - 360 -0807; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: please provide a copy of all Police Reports (including any notes generated by any of the Police) and ocher government records generated by, stored by or received by the Gulf Stream Police Department for March 3.20'14 and March 4. 2014, this would include appointment calendars, timesheets and radio communications. ADDITIONAL INFORMATION REGARDING REQUEST: THIS REQUEST IS MADE PURSUANT TO PUBLIC RECORDS ACT, CHAPTER 119 OF THE FLORIDA STATUTES AND IS ALSO REQUESTED UNDER THE COMMON LAW RIGHT TO KNOW, THE. COMMON LAW RIGHT OF ACCESS; AND ANY STATUTORY RIGHT TO KNOW (INCLUDING, WITHOUT LIMITATION, ANY STATUTORY RIGHT OF ACCESS, AS APPLICABLE). THIS REQUEST IS ALSO MADE PURSUANT TO THE RIGHTS OF THE REQUESTOR PROVIDED IN THE FLORIDA CONSTITUTION. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED IN ELECTRONIC FORM. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER NOTE: IN ALL CASES (UNLESS U4IPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (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 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. I: WPJFRR 0422.!3 FORM EXHIBIT B 7 Town of GuLF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail March 7. 2014 Martin E. O'Boyle jbmssell@commerce- group.comj Re: Public Records Request #1457— Police Records 03 -03 -14 and 03 -04 -14 Please provide a copy of all Police Reports ('including any notes generated by any of th e Police) and other government records generated by, stored by or received by the Guy - Stream Police Department for March 3, 2014 and Alarch 4, 1014, this would include appointment calendars, timesheets and radio communications. Dear Mr. O'Boyle, This letter provides the estimated costs for the production of public records you have requested in your email dated March 06, 2014, that we acknowledged on March 06, 2014. There are 7, Srfi x 11, two sided pages that have been identified as responsive to your request The copy charges will be as follows- 7 oa $0:20 each, per Fla Stat § 119.07(4)(a)3, totaling $1.40 Please let us know in writing whether to proceed with the production of these documents and the Town of Oulf Stream will act promptly to produce your requested documents. 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S5.1pW S1.750,02 ISIS9_m) M;sDom Sun sue Sum Oae SRm son SOLO SI6i9 Sage tS16491 531351 Sam 1315311 020 sue S41m 119 SIMM V499S 159.611 scam sow 510000 slm.m 3290_ SIOUD 530031.. 51,22323 IS1,2mml 5.'9,66651 539,!66.67 510195.17 5171.999.93 530.4931 14),000.00 SOLO Saw Sam Sam 50.40 mm Sam M919a 510,96031 551-12399 5176114934 P3.761.66 SO.614M 991f3CW 510369.91 MU,-,11T4 M1410 SI.0LT09,76 $1,767.3400 95.1014 53376.307,00 trAI4935) (215691.011 Stluo7.69 5130175136 SU31,O6m 99,65730 3162m6m S,9P -,OH20 SUCA"Al Saw 576.19L7G 516,19120 020 SIT1,19120 (3V.IJ7.35) (51569923) S1I5,9mE9 51,70170]6 51,171,6140 MA930 962.m6O r- B%94E16 1,916117.77 SIU.6P)69 5],23!,94416 51,959.1.0126 99,0930 59)039120 6 Kelly Avery From: Postmaster Sent: Tuesday, April 21, 2015 2:33 PM To: Local Recipient Subject: 1 LM7708- notice filing documents produced.PDF Linked Attachment Download The following attachment was removed from the associated email message. You may download the attachment, if you are sure that it is safe to do so, by clicking the Click Here to Download link below. File Name 1 LM7708- notice filing documents produced.PDF File Size 9985653 Bytes Click Here to Download This attachment file has passed various security checks, but this does NOT guarantee that the file is safe. You should only download the attachment if you know and trust the sender. Attachment downloads are monitored and audited for security reasons. IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2014 -CA- 004474 -AG MARTIN E. O'BOYLE, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. TOWN OF GULF STREAM, Counter - Plaintiff V. MARTIN E. O'BOYLE, an individual RYAN WITIvtER, an individual, CHRISTOPHER O'HARE, an individual, WILLIAM RING, an individual, JONATHAN R. O'BOYLE, an individual, DENISE DEMARTINI, an individual, PUBLIC AWARENESS INSTITUTE, INC., CITIZENS AWARENESS FOUNDATION, INC., OUR PUBLIC RECORDS, LLC, STOPDIRTYGOVERNMENT, LLC, COMMERCE GROUP, INC. and THE O'BOYLE LAW FIRM, P.C., INC. Counter - Defendants COPY ORIGINAL RECEIVEO FOR FILING MAR 12 2015 SHAhWV H. tiOCK CLERK & COMPTROLLEP PROBATE DIVISION PLAINTIFF'S NOTICE OF FILING DOCUMENTS PRODUCED BY DEFENDANT TOWN OF GULF STREAM Plaintiff MARTIN E. O'BOYLE, by and through undersigned counsel, hereby gives notice of filing documents produced by Defendant The Town of Gulf Stream in response to the Public Records Request at issue in this action: BERGER SINGER-MAN 2650 North Military Trail, Sulte 240, Boca Raton, Florida 33431 Telephone (561) 241 -9500; Facsimile (561) 996 -0026 (1) prior to Plaintiff commencing this lawsuit. See Exhibit A, April 3, 2014 documents produced by The Town of Gulf Stream; (2) after Plaintiff commenced this lawsuit. See Exhibit B, May 5, 2014 documents produced by The Town of Gulf Stream; and (3) after Plaintiff served a request for production on Defendant The Town of Gulf Stream in this action. See Exhibit C, June 17, 2014 CD of recordings produced by The Town of Gulf Stream. BERGER SINGERMAN LLP 2650 North Military Trail, Suite 240 Boca Raton, FL 33431 Telephone: (561) 241 -9500 Facsimile: (561) 998 -0028 By: s/ Elaine Johnson Jaynes Mitchell W. Berger, Florida Bar No. 311340 mbereer(abereersineerman.com Elaine Johnson James, Fla. Bar No. 791709 ei amesna),bereersineerman.com Steven D. Weber, Florida Bar No. 47543 swebernbersersingerman.com Attorneys for Martin O'Boyle CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 12d' day of March, 2015, a true and correct copy of the foregoing was conventionally filed with the Clerk of the Court, and served upon the parties on the attached service list: By: ls/ Elaine Johnson Janes Elaine Johnson James 2 BERGER SINGERM -kN 2650 North Military Trail, Suite 240, Boca Raton, Florida 33431 Telephone (561) 241.9500; Facsimile (561) 998 -0028 SERVICE LIST Robert A. Sweetapple, Esq. SWEETAPPLE, BROEKER & VARKAS, PL 20 S.E. 3`t Street Boca Raton, FL 33432 Phone: (561) 392 -1230 Email: nleadines(@sweetannlelaw.com Co- Counsel for Defendant D. Culver Smith, III, Esquire CULVER SMITH, P.A. 500 South Australian Avenue, Suite 600 West Palm Beach, Florida 33401 Telephone: (561) 598 -6800 E -mail: csmith(alculversmithlaw.com 6265014.1 Joanne O'Connor, Esq. John C. Randolph, Esq. Ashlee A. Richman, Esq. JONES, FOSTER, JOHNSTON & STUBBS, P.A. 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33402 Phone: (561) 659 -3000 Email: ioconnorna,jonesfoster.com irandolph a.ionesfoster.com arichman(@,ionesfoster.com Counsel for Defendant Daniel DeSouza, Esq. DESOUZA LAW, P.A. 1515 N. University Drive, Suite 209 Coral Springs, FL 33071 Phone: (954) 603 -1340 (direct) Email: ddesouza(4desouzalaw.com By: s /Elaine Johnson James Elaine Johnson James _BERGER SINGER-MAN 2650 North Military Trail, Suite 240, Boca Raton, Florida 3343 Telephone (561) 241 -9500; Facsimile (561) 998 -0028 1 lj 1 \) \\ \2 ) ( / ® }ƒ §»r @ /E§ ! \ / . u !�| ¥ / d ED R§ r i)mm / /\ » / ) § \k! ! m / § \ o ) / \k §k §(_ E2 . j » \ EF5 ® I� » - ) §` § \ § k 6 zo ) §§) §)§ \ �\ G222 B § « /r)■ §e\ §/E o §G§ B§§ !/§ ■ ` ° \ j §_� «� § e } ) ;) ` . \z \ \ / \ \ 2 2 k ' / ( « j w f ! \ L 2 lu3 9 r- - e z < ) ) \ )$)m @/ [ CL ` ■±iz Eo !\ ! a \ \ \§( }k� (( ? } !§§!Rk �e ) A § » k® 0 // ❑ ®= x x ¢ dQi Za NgF a: yN NNy ¢ N 7 Z M ZZp Y J O � Q w > m K Q J vi ZN m W N Q o d N O m °a LLow ¢ 0 CFoo 0 ❑❑❑❑ °cC SO 2 m N JNZ nFw s w -=a w a wo F ? z z3° ZO Z ONO O J ° Dr oN¢NJ O 0 < Uri= U woo w U m m O '� W K = Way w Fmmw F W T NN lJi J W U ZO 0 ZU� Z C t p m ¢ W 4 �' ¢= OJZ_ ❑ NN E'O❑ ~ 0 ¢ 2 @65 z Z a� K K7 K K7 O LL1 OK 0 J 2 F � 0 00 < 0 G 00 6 06 0 m N . 4❑ Q>>Fr`ZSor O VFQ�J zZSzoOW 0 W o =9=o=m G *MZ J N C �N W °W o W z w N o o U 0 0 > UHKC�ZZ O z LL O O N �F y O 0 n 0 0 0 O ''¢''rrZQZ'Q 0 M O ~p ¢ 6J ¢ NZ pp�yW,p J W WIWpLN¢N ¢y❑ lL =�j2mSt/1 Z E yW, w '� a =- wcwow} 252=222W i! ca ❑ ° ¢iErW�WsW d J F_p�❑0 Fo21 W 0 ❑ = ¢a) w �v o g� m � F ❑' IL ° 0 Es ¢ o 0 z w o ° a 2 z �3W7w 0 N m ?D p 0 wWC � 00 wZ a O fA N^$W 17 SO gl� 82 w 5Zmm¢ o Fis 0 �aQ o a� ❑ OR w a a oO W W2 m gg u` e wm w wm w W pW� U aF1ou W O ❑ ❑ K J= m W W O ¢ m m K m m m Z N W x O W O Q 7 Q �LL ❑ CD I-� Q Q 00 N n ° b ZDgZz QO 2 C LL w U 3 m wo -� ~ W O w ?=6x °W� n >JW� > ooaaF V-O0 Wh-a< 3z mm w.N- ¢ 1nw Xp<Di WKSW ~ °LL�O ~�F ❑��❑ LLO �¢ Y 'm 'O� 0 W DO �UOUxw K iE:w1i q❑ NO=wW °z�3j3 w fl S TN z m °�LL �E90 M =OW o w < UW lw o d d p 2. � 3:8pF��cpio�0 2 N' o m U K Z {Q.0 z=QO N R Z� U' LLU y m Vj > 2�MO WOElwviF-E2 o� O m c7 v ro �d zdo3u��OOW 9z3 ° 1 m aLL m �g N a� N 2g N z N o Z =0 W W �z¢� zQ1 WG' ❑° �U O ❑ m C 9203 6 tU w C.m mD m�nn Z WO 00 N W 2 t u5 ❑ D C' W C g F U¢�CUUgWH Dtm1 K zfn n f��j O�CzLLxwF.- ow. >° �O W ❑ �J' o ff 0- m m m sma<zoWo(�os C9- d f oz Z v > ° �d p 3Z "' K W�pQ20�� U N m Wm }} O p vWi¢m JK FO o ° OW aWO = d o3r225¢ ~33 w m NO °x�G nILxz dl w m o ❑ w zzo W Q 0 t° ¢ Oz 3'QW Ww mF�uU �W+ R �1 ca w +Z G�j 1 � LL p W —�T pWW w�W LL� 1-2 �ONa X17 Li.w W UmxW= 1Q1--9 4�D C7r> � m¢W� IiCWW cOi atwo (� C.1 0 Q 2Z �i m h K �WZF- O �UJ Z2 S7 ��ZZ a° LL��i K �F C°��$ \ll'"' C k� oz ..] 11-- pwp D = ❑ llll��q<F-, O�WQW�SO ULLOOGi Z Q. 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( ! ! 2 \ƒ )I# - - /% §) §F § §§ « / ;/� §dUJ § m ! < ! § § �En��r` § k` w RK` | { B S iz \ § k ` ® E ~® § §§ K ` \ ) $ !§ 2 ( m /h(§ |/) ./, ! ■ - �® \ � L /§\§ ■§: 0 § CD §m) §%§ 2 • (& \} § ° . § / §) . §)§ @ 2 « \\ J 7 0);\> ( E § tu\ /\ § . § ( / \[\ \20 �� ! j ƒ \ )( ® § (k\?(\ () § ( # § \) ! e. _ § 10-11 b W. , . !$_ )N b k 2)m § ;)w ( wo §aE § ; ` §/° � \ )( ) \ } / } [ . _� |\ B ! ! § / \/ g //E j ; \§@ / 2 /� ) § 2 § cc / : z § 0 \ \ \ zo | 7 \ /U!) ) \) )\) .\ Ow \ / \( //( § \§ § ` r cs km� §;| § - «) \k % \ §) §e [ ( \ Ed !,m : ® ` ; e \/ �� /{ ® - G )/ 2 a ;� k \\ §)\ a§) ( k ) §\ § : e > a � ` [ w $$ `@ d � k ( § |§�§ : � §® a e _! #;!@ �§ E [ \ /) /a §� )§ ) \ \ \ \_\ )FM )§ § ! \ \ �2 ;® 0 w § ��y � E � � ` � ; q ] ( - ��/ / \ 4 \ � � k k ( ) ! ( \ � ) ) \ ) ) k � . � ��\ L U [ e ! k E _ 0 2 \ w \ ( ) ; 0 . 2 Q ! ; a w 7 - r ~ / � \ k } ) } \ ( ) z � � ) � � ) ( . ? ) ! - O W 0 � 2 k \ ) � ) �� , a � Q � t � k �� ( ( / \ / / 0 e e ( ; w 0 c a 2 \ ) $ �� | ) k ` � �� �� � R S \ r L \ ) ! o ��� ( \ 2 \ \ } r � \ 0 f 4 ��\ \ = A ��� C , � ��( ��\ : 5 ! . n � k � 2 ��a w ` W k ! � / / ( � � k � ( ) > ) \ � 0 w ( � EXHIBIT B 5617370106 Fax 02:23:53 p.m. 05 -05 -2014 1112 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via email May 5, 2014 Martin B. O'Boyle [records0commerce- arouo.eom] Re; Public Records Request,",459 — Police Records 03.03 -14 and 03 -04 -14 Please provide a copy of all Police Reports (inchiding any notes generated by any of the Police) and other goveniment records generated by, slored by or received by ilia Gulf Strcam Police Department for March 3, 2014 and March 4, 2014, this would include appointment calendars, timesheets and radio communications. Dear Mr. O'Boyle, It has come to the attention of the Town of Gulf Strcam that our most recent correspondence to your request for "...Other govennnent records generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014..." dated March 06, 2014, did not include all responsive documents. The additional documents the Town has identified as responsive to your request are available only in hard copy and consist of 5, S K x 11 two -sided pages. They are available for pick up at Town Hall at no charge. The Town of Gulf Stream apologizes for this oversight, Sincerely, Town Clerk Custodian of the Records 56173701BB Fax 02:24; 04 p,m, 05 -05 -2014 3112 Q C a 3 N � N A rp i L C3" 0 L w � � p a 3 C/7 o o y 00 _, z 0 2 n 5 o' g a Ot o n o Il 0 b � i 0 I I C I I � o u 0 4 1 II 'rl 0 C'. o 0 r� e � � r t O I I I I 4 z. a H rn y s n 0 �0 Q C a 3 N � N A rp i L C3" 0 L w � � p a 3 C/7 o o y 00 _, 5617370188 Fax 02:24:12 p.m. 05 -06 -2014 4/12 ni A ` ro 0 0. �• N N y F+ a W 4 C ` C O f0 O b h7�5 a o °o m < k a H n b 0 tQ N o a a `� :� e N an u O bg �c y -' N e w 1.1 .,1 3 @ 0 P _ = 0 s F -A 0 n 0 n b 0 o 0 5 L3 -• o w 0 .e y b 2. N o 0 s n b 0 s J o s n ,0 . 5 J a A 'Fl N p OO ni A ` ro 0 0. �• N N y F+ a W 4 C ` C O f0 O b h7�5 a o °o m < k 56173701BE Fax 02:24 :19 p.m. 05 -06 -2014 5112 C a a C a 1• �L• a H a CIO a C CD ro n CD It K b z O O x E \\ ? y o H °� a n -0 \ V n ig ro p e ro p F- w o o — P p CO o n v p 5 57 ro p 5' rQ Ln O �' ro o 3 cn 9 o n: N (3) o 0 •�° 0 y 5 ° C 0 '3 o H v ° J 6 o n v 0 aa o s J E 0 0 5 N C a a C a 1• �L• a H a CIO a C CD ro n CD It K b z O O x 5617370188 Fax 02:24:27 p.m, 05 -00 -2014 6/12 a M. P, C CD N b N � C H � y A in 91 k l o 9 m O N N n 3 y 4 O c N EL uj n b o� w 9 o S N L+ I O o u O e e v a O ;- o` tQ B �— n v b O '4 a• Ul n b `� o -7 K N n o n y to W n b ° y F- F) 5 N m w a M. P, C CD N b N � C H � y A in 91 k m_, Fax a m a 22 \ ( R w \ . C 0 2 { i ! § \ � 7 / \ � d � / q \ / e , & 7 z ( \ )`)§ ( =c w ad b J 0 K» | � | a / k ^ } ( / \ � P » ® \ ( R w \ . C 0 2 { i ! § \ � 7 / \ � d � / q \ / e , & 7 z ( \ )`)§ ( =c w 5017370180 Fax 02:24:42 p,m, 05 -00 -2014 8112 7 1 3 0 0 V r r b w N N Y G 7 a H O n CD V F+ R R o °o x k z v 0 5 _ 0 O 5 � a x O I I S n ro O ❑ n ro O 5 b a a " v C C)II I ro n ro O q O � m o u O 5 n c ti O :-1 5 ¢ N I O t O 5 _ 01 O II T I I o u O 5 n b O 5 0 o V 7 1 3 0 0 V r r b w N N Y G 7 a H O n CD V F+ R R o °o x k 5517370169 Fax 02724750 p,m, 05 -00 -2014 56 M 41 +J 'V L O. a N A C�CM] 1�+ a, W` cn A 9112 N ro O n ro V !'N O o � k 0 a u O 5 o a D ..� n tQ ^O 0 n b o CC n o Q n b o n p o S 0 I u o ? Vt n t O i o n ro o 8 b o tlj o V I a n 3O v 0 on c ac 7 N 00 o 9 v 56 M 41 +J 'V L O. a N A C�CM] 1�+ a, W` cn A 9112 N ro O n ro V !'N O o � k 0 5617370188 Fax 02:24:57 p.m. 05 -06 -2014 10/12 ro CD i �, ' o a UG N N 1-i y � 0 a c U) g � O C O n r L9 b v b Ell: O O k n b o n ro I n ro o .I I ° n ro o _ w I n ro o o u w o n o Lrl o n b o n ro o d o n ro o y ° J n ro CD i �, ' o a UG N N 1-i y � 0 a c U) g � O C O n r L9 b v b Ell: O O k 3 ro CD i �, ' o a UG N N 1-i y � 0 a c U) g � O C O n r L9 b v b Ell: O O k 5617370166 Fax 02:25:05p.M. 05 -06 -2014 a J S 3 i b ED O� td 1, ftR N N .A G (i0 Y Raq 11 I12 O' Co co tv e"F t7 O O m x X o a En�? o LA _0 n v a p y E 4 EL b ' cwt c c n •00 � .`7 o k � ° J a v C0 5 N VI 4 a J S 3 i b ED O� td 1, ftR N N .A G (i0 Y Raq 11 I12 O' Co co tv e"F t7 O O m x 5617570188 Fax 02:25:15 p,m. 05 -06 -2014 3 a 'c a e 4 zz b CD rL td CD N u� r C W a 4 e 12/12 r rl 0 n p rt a O O < N o a �• q O v ;9 ? e O 5 N I• a •O a A P v j F. N I w O I 'O O I � n b D n b v a e H 00 _ O v F 3 a 'c a e 4 zz b CD rL td CD N u� r C W a 4 e 12/12 r rl 0 n p rt a O O < N EXHIBIT C GS 313114- 314114 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail April 26, 2015 CG Acquisition Company, Inc. [mail to: records @commerce- group.com] Re: GS #1785 (1037) Provide a copy of all photographs which include Martin O'Boyle, a white, Ford f -150 truck (plate no. H317DA9 or any signs that have the name Martin O'Boyle on them. Additionally, we are requesting all written or typed (including computer - generated documents) and police incident reports, generated by any of the police; or other government records generated by, stored by or received by the Gulf Stream Police Department on March 3, 1014 and /or March 4, 1014. This would include appointment calendars, timesheets and radio communications. Dear CG Acquisition Company, Inc. [mail to: records(&,commerce- aroun.comlI The Town of Gulf Stream received your public records requests on February 3, 2015. You should be able to view your original requests at the following link htty://www2.eulf- stream. ore/ WebLink8 /0 /doc /36490/Paizel.ast)x. In future correspondence, please refer to this public records request by the above referenced numbers. As you are aware, a request was made on March 6, 2014 by your President, Martin O'Boyle, for the following: Please provide a copy of all Police Reports (including any notes generated by any of the Police) and other government records generated by, stored by or received by the Gulf Stream Police Department for March 3, 1014 and March 4, 2014, this would include appointment calendars, timesheets and radio communications. The Town previously responded to that request and produced responsive documents including police incident reports on April 3, 2014 and May 5, 2014, as reflected by Exhibit C to the Verified Complaint and the Notice of Filing Documents Produced filed in the pending matter of O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA- 004474 XXXXMB AA. Additionally, on June 17, 2014, the Town produced to Mr. O'Boyle records provided to the Town by the City of Delray Beach at Exhibit C to the Town's Response to Request to Produce dated 6/17/14. Those records included a CD. All of those records, including those provided to the Town by Delray Beach (which the Town in no way concedes are public records of the Town), are all in the possession of Mr. O'Boyle and/or his attorneys. As a courtesy, the Town is producing them to you again by going to www.gulf- stream.ore clicking on "I Want To..", click on "Find a Town Record ", click on "Public Records Requests ", click on "2015 ", click on "Public Records Requests 2015 ", there you will find records PRR 15- 1785.01 through 1785.04, which are the audio records. There are no additional "government records generated by, stored by or received by the Gulf Stream Police Department on March 3, 2014 and/or March 4, 2014." Indeed, Mr. O'Boyle has conceded that all records responsive to the aforementioned request have been produced. With regard to the photographs and signs that you have requested, on February 18, 2015, in response to another public records request No. 1709(978) from Mr. O'Boyle, the Town produced photographs of the Ford F -150 referenced and signs with the name "O'Boyle" on them. Those photographs are available at htto: / /www2.gulf- stream. ore/ WebLink8 /0 /doc/36490/Pagel.asox. Despite expending more than 15 minutes to conduct a diligent search for additional records, the Town is not aware of any additional responsive records. In order to conduct a thorough review of its hard and electronic files to determine that the Town has not missed any additional documents will require 1 hour of administrative support at $36.39 per hour and %Z hour of information technology support at $120.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). (1 hours @ 36.39 = 36.39) + (.5 hours @ 120.00 = 60.00) = Deposit Due: $96.39 in cash or check. The Town of Gulf Stream is currently working on a large number of incoming public records requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk 3 _ 3 _ N - N S I S m y Y m a D D n t O O O r 2 A Z D p z OO A f 3 o F F i 0 o �"f ivz yi S z Z O m O o ° M D D =� x O ys Z � m o z �v W o v m D m x O m -o m r m O m r m D O 3 Z m z N 1-� m D m x v Z O X Z m D v x m Z O O v zv =W m - � � O m Z O Q p m M x m vi m D n m D 2 D -�I 4 m 9 O 2 m m n O m m n O Z m D N r r _ � Z o m rr G7 c r O n O m Av r- Z 42,o.v'z n _ n mss m �mWC n 3 x M m -.a.- 0'"0 s v z m Z m m cn -I z Z` m X 7D m S Z v� O p T m m e z Imo c z Ci m m Z eI ® O mG C x Z m m n _ n O m m Z N D v m Z m m cn -I z Z` m N m m O T m m 2 C O Imo M Z! T eI M� �� �� r7- - �� 't -7 __— � i Y '' �� �� a '1 i i�..i � �� �� r7- - �� 't -7 __— � i Y '' �� �� a 9 ;m w �� � f E \ �� i \ o / 0 / I � k . > _ . . �� < z � t . r r - o q _ m 2 r / �� \ \ �%r r 7 0 0 < � \ , � ; ( z � � . / O T O v m O 2 O Co O r m O H m O v b m m m z v M v S 1 3 --1 x O p m M O v r m O m m a O 3 H O z M 2 N M 2 D v 2' O A S 2 O m a 2 v 2 mm 2 O D r O m (I 2 m a m O m CIS D m m Ln CLn C �1 < O M 0 O v z m m A 2 1 a = M 1 m 3 j m O � m m m q O Z O r m 0 t hl r- r-7 a, 0 AMENDED RESPONSE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 5, 2015 CG Acquisition Company, Inc. [mail to: records @commerce - group.com] Re: GS #1785 (1037) Provide a copy ofall photographs which include Martin O'Boyle, a white, Ford f -150 truck (plate no. H317DA9 or any signs that have the name Martin O'Boyle on them. Additionally, we are requesting all written or typed (including computer - generated documents) and police incident reports, generated by any of the police; or other government records generated by, stored by or received by the Gulf Stream Police Department on March 3, 2014 and /or March 4, 2014. This would include appointment calendars, timesheets and radio communications. Dear CG Acquisition Company, Inc. [mail to: records(i� commerce- group.coml, The Town of Gulf Stream received your public records requests on February 3, 2015. You should be able to view your original requests at the following link htip://www2.gulf- stream. ore /WebLink8 /0 /doc /36490/PageLMnx. In future correspondence, please refer to this public records request by the above referenced numbers. As you are aware, a request was made on March 6, 2014 by your President, Martin O'Boyle, for the following: Please provide a copy of all Police Reports (including any notes generated by any of the Police) and other government records generated by, stored by or received by the Gulf Stream Police Department for March 3, 2014 and March 4, 2014, this would include appointment calendars, timesheets and radio communications. The Town previously responded to that request and produced responsive documents on April 3, 2014 and May 5, 2014, as reflected by Exhibit C to the Verified Complaint and the Notice of Filing Documents Produced filed in the pending matter of O'Boyle v. Town of Gulf Stream, Case No. 2014 -CA- 004474 XXXXMI3 AA. Additionally, on June 17, 2014, the Town produced to Mr. O'Boyle records provided to the Town by the City of Delray Beach at Exhibit C to the Town's Response to Request to Produce dated 6/17/14. Those records included a CD. All of those records, including those provided to the Town by Delray Beach (which the Town in no way concedes are public records of the Town), are all in the possession of Mr. O'Boyle and/or his attorneys. As a courtesy, the Town is producing them to you again by going to www.gulf- stream.org, clicking on "I Want To.. ", click on "Find a Town Record ", click on "Public Records Requests ", click on "2015 ", click on "Public Records Requests 2015 ", there you will find records PRR 15- 1785.01 through 1785.04, which are the audio records. There are no additional "government records generated by, stored by or received by the Gulf Stream Police Department on March 3, 2014 and/or AMENDED RESPONSE March 4, 2014." Indeed, Mr. O'Boyle has conceded that all records responsive to the aforementioned request have been produced. Photographs of the truck and signs that you requested can be found at hgp: / /www2.gulf- stream.or"ebLink8 /0 /doc /36490/Pagel.aspxx and hgp: / /www2.gulf- stream.org/WebLink8 /0 /doc /27404/Page l .asox. Despite expending more than 15 minutes to conduct a diligent search for additional records, the Town is not aware of any additional responsive records. In order to conduct a thorough review of its hard and electronic files to determine that the Town has not missed any additional documents will require 1 hour of administrative support at $36.39 per hour and % hour of information technology support at $120.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). (1 hours @ 36.39 = 36.39) + (.5 hours @ 120.00 = 60.00) = Deposit Due: $96.39 in cash or check. The Town of Gulf Stream is currently working on a large number of incoming public records requests. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. Sincerely, Town Clerk MAW I IS f& P A V a . 1 ' q 4 m m O F �� r - r ��y r w I f ' w C O M E J O I N V L f M A R T Y O ' B O Y L E ' S T E A M ��J W E N E E D Y O U B E C A U S E e l t M A R T Y ' S T E A M I S L O S I N G l ArW4 C . , 11 Immi .A xm4 i"r•'.1_ _s. _ . �. 1 >Iiff11JW ucam4iY OH MPX[X II`WiEigM MARTYO'BOYLE INVITES YOU TO LAIR LL MTEAM �� �� �������� \ �� � \ f ' N ��e v y \ \ \ . . �� �� ��q �� ������ \ \ z e 1 4 0 r;, F1 r4 lit Nil �f ew 6- X-i-4 TQ) GII,I�STREAM COMMISSTONIlRS; )&F YOU EVER WON AN ELECTION IS FOR THE P EOPLE TO CHOOSE VOTE FOR MARTIN O'BOYLE TOWN COMMISSIONER •� H31@*70X a T O O06PSTREAM COMMISSIONERS; )*,OF YOU EVER WON AN ELECTION I$, PE FOR THE PEOPLE TO CHOOSE VOTE FOR MARTIN O'BOYLE TOWN COMMISSIONER JEAN COMMISSIONEB$ EVER WON AN ELECTION THE PEOPLE TO CHOOSE VOTE FOR MARTIN O'BOYLE TOWN COMMISSIONER 3v� 4J JEAN COMMISSIONEB$ EVER WON AN ELECTION THE PEOPLE TO CHOOSE VOTE FOR MARTIN O'BOYLE TOWN COMMISSIONER SUPPLEMENTAL TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 11, 2015 CG Acquisition Company, Inc. [mail to: records @commerce- group.com], Re: GS #1785 (1037) Provide a copy ofall photographs which include Martin O'Boyle, a white, Ford f -150 truck (plate no. H317DA9 or any signs that have the name Martin O'Boyle on them. Additionally, we are requesting all written or typed (including computer - generated documents) and police incident reports, generated by any of the police; or other government records generated by, stored by or receeved by the Gulf Stream Police Department on March 3, 2014 and /or March 4, 2014. This would include appointment calendars, timesheets and radio communications. Dear CG Acquisition Company, Inc. [mail to: recordsQcommerce- erouo.coml, The Town of Gulf Stream received your public records requests on February 3, 2015. You should be able to view your original requests at the following http://www2.eulf- stream. ore /WebLink8 /0 /doe /36490/Pagel.asrx. In future correspondence, please refer to this public records request by the above referenced numbers. An additional 9 pictures were added to the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records