HomeMy Public PortalAboutPRR 15-1795From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.com]
Sent: Monday, February 16, 2015 9:04 PM
To: Bill Thrasher
Subject: Public Record Request - author of Confidentiality Notice.
Dear Custodian of Records,
I have received a number of responses from you to my record requests that contain the following
admonition:
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). Ifyou are not the intended recipient, please contact the sender by reply e-
mail and destroy all copies of the original message. Florida has a very broad public records law.
Written communications regarding Town of Gulf Stream business are public records available to
the public upon request. Your e-mail communications are therefore subject to public disclosure.
Under Florida law, e-mail addresses are public records. Ifyou do not want your e-mail address
released in response to a public records request, do not send electronic mail to this entity.
Instead, contact this office by phone or in writing.
I am curious as to why you consider an email message which includes meta tags, time stamps,
receiver information and other unique and specific information which is sent to an unintended
recipient to NOT be a public record deserving of preservation. Your instructions to any
unintended recipient to destroy all copies of the original message is, I believe, in violation of
the legislative intent and clear language of Chapter 119, Florida Statutes. I also am curious to
understand how any email message in the public record can be confidential and therefore require
a Confidentiality Notice. I wish to know who wrote this admonition. I therefore ask that you
please provide for inspection the most recent record which contains the name of the person who
discovered, copied, created, or wrote this admonition or who provided this admonition to you.
I make this request pursuant to Article 1. Section 24 of the Florida Constitution and Chapter 119 of the
Florida Statutes.
If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure
please cite the specific exemption as required by U 19.07(1)(e) of the Florida Statutes and state in writing and with
particularity the basis for your conclusions as required by 0119.07(1)(f) of the Florida Statutes.
Please take note of 4119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge
receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to
determine from other officers or employees within the agency whether such a record exists and, ifso, the location at
which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of
records that may be responsive to this public records request to preserve all such records on an immediate basis.
If the public records being sought are maintained by your agency in an electronic format please produce the records
in the original electronic format in which they were created or received. See 41 19.01(2)(f), Florida Statutes.
Please provide only those records for inspection that do not require extensive use of information technologies or
extensive staff time or both in excess of 15 minutes. Please take note of 4 1 19.07(4)(a)3.(d) Florida Statues and if
you anticipate that any records exist, the production for inspection of which will require extensive use of
information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost
you anticipate to be incurred by your agency prior to incurring this cost.
If you anticipate the production for inspection of these public records to exceed $1.00 please notify me in advance of
you incurring the cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to
indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials.
I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
All responses to this public records request should be made in writing to the following email
address: chrisohareeulfstream n email.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 27, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1795 (author of Confidentiality Notice)
I have received a number of responses from you to my record requests that contain the following
admonition: Confidentiality Notice: This e-mail message, inchuding any attachments, is for the
sole use of the intended recipient(s). If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message. Florida has a very broad
public records law. Written communications regarding Town of Gulf Stream business are public
records available to the public upon request. Your e-mail communications are therefore subject
to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want
your e-mail address released in response to a public records request, do not send electronic mail
to this entity. Instead, contact this office by phone or in writing. I am curious as to why you
consider an email message which includes meta tags, time stamps, receiver information and
other unique and specific information which is sent to an unintended recipient to NOT be a
public record deserving ofpreservation. Your instnuctions to any unintended recipient to destroy
all copies of the original message is, I believe, in violation of the legislative intent and clear
language of Chapter 119, Florida Statutes. I also am curious to understand how any email
message in the public record can be confidential and therefore require a Confidentiality
Notice. I wish to know who wrote this admonition. I therefore ask that you please provide for
inspection the most recent record which contains the name of the person who discovered, copied,
created, or wrote this admonition or who provided this admonition to you.
Dear Chris O'Hare [mail to: chrisohareeulfstream t7a,umail.coml,
The Town of Gulf Stream has received your public records requests dated February 16, 2015. If
your request was received in writing, then the requests can be found at the following link
htto: / /www2. gulf - stream .orgtWebLink8 /0 /doc /37836/Paeel asnx. 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.
Pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to
or copies of public records at a reasonable time in reasonable conditions but only after receiving
required payments. The Town of Gulf Stream is not required to give out information from these
records nor give information about these records.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records