HomeMy Public PortalAboutPRR 15-1796From: Chris O'Hare [mailto: chrisoharegulfstream @gmail.com]
Sent: Thursday, February 05, 2015 3:29 PM
To: Bill Thrasher
Subject: Second request for these records - Fwd: GS #454, #455, #456, #457, #458, #459, #460, #461,
#462,#463,#464
Dear Custodian of Records,
Forwarded herein for your reference is your long delayed response to 11 separate and individual
requests I made to you over 13 months ago. I object to the length of time you have waited to
respond to my requests. I also object to you ignoring the terms in which I made the original
requests by ganging all 11 separate requests together for the purpose of providing a single
response, something I specifically asked you not to do..
You previously responded separately to each of these 11 public record requests on December 26,
2013, the same day I made each request. Your response was always the same. Each time you
stated, "Our staff will review your request within the next three business days, and we will
promptly send you the appropriate response or an estimated cost to respond. "
You again responded to these and other record requests by me on January 23, 2014. At that time
you stated, "The Town will not proceed with further estimates to provide documents responsive
to any of your outstanding requests until you pay a deposit of $792.54. "
Now, over a year later, you have disregarded the terms of my original requests and provided a
ganged response, apparently intended to overcharge me for the production of these records. I
remind you that in each of my original request for these electronic records, I stated that:
In order to be completely responsive to this Public Record Request, all electronic email records
must be 'forwarded" to my email address in order to preserve all electronic meta data and other
less obvious Public Record portions of the email record typically lost using "copy and paste"
reproduction methods.
This is a singular and separate Public Record Request. Please respond individually to this
request. Please do not include your response to this Public Record Request into any collective
response you may make to other Public Record Requests.
You will please note that in my original requests I also asked you to:
Please be sure to itemize any estimates so as to indicate the total number ofpages and/or
records, as well as to distinguish the cost of labor and materials.
But rather than itemizing your estimate so as to indicate the total number of records, you instead
provide a PUBLIC RECORDS REQUEST ESTIMATE WORKSHEET for each request that
claims Ms. Avery spent 10 minutes reviewing the documents and needs 45 minutes to produce
them.
I note that each single request was examined individually by Ms. Kelley Avery. Ms. Avery
recorded her examination results in a PUBLIC RECORDS REQUEST ESTIMATE
WORKSHEET. On this document Ms. Avery claims that in order to determine the estimate, she,
"Looked through digital files to find responsive documents." Then Ms. Avery claims she spent
10 minutes reviewing those documents. From her review of the digital documents, Ms. Avery
estimated she would need 45 minutes to produce these records. Coincidentally, each of the 11
separate requests require the same 10 minutes to review and the same 45 minutes to produce the
records.
Based on Ms. Avery's individual analysis of these 11 separate requests you require that I pay for
8.25 hours of administrative support in order to receive these records.
I am troubled by all this for the following reasons:
1. Did the email accounts for each person contain the same quantity of records, otherwise how
could the same amount of time be required for the production of an unequal number of records?
Are these estimates therefore not accurate?
2. If Ms. Avery located the responsive records in 10 minutes, why will it require 45 minutes
more to reproduce these digital records? Surely, once located, all that is required is a few key
strokes to forward these email records to me as I originally requested.
3. By ganging my requests together you are requiring I pay for that portion of your
production time which the legislature and courts have determined to be free.
4. You have previously made me believe that these records and others would not be provided
to me until I paid you a deposit $792.54 for the first 10 minutes of production time for each
outstanding request. Have you now changed that decision?
Please answer my questions so I may better understand your estimate in order to decide how to
proceed.
Please provide the records I originally requested as I originally requested them.
Please provide the record of your public record policy which was in effect on December 26,
2013, the day you received my original requests for these public records.
Sincerely,
chrisoharegulfstream @ gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 25, 2015
Chris O'Hare [mail to: chrisoharegulfstream @gmail.com]
Re: GS #1796 (Second request for these records - Fwd: GS #454, #455, #456, #457, #458,
#459,#460,#461,#462,#463,#464)
1. Did the email accounts for each person contain the same quantity of records, otherwise how
could the same amount of time be required for the production of an unequal number of records?
Are these estimates therefore not accurate?
2. If Ms. Avery located the responsive records in 10 minutes, why will it require 45 minutes more
to reproduce these digital records? Surely, once located, all that is required is a few key strokes
to forward these email records to me as I originally requested.
3. By ganging my requests together you are requiring I pay for that portion of your production
time which the legislature and courts have determined to be free.
4. You have previously made me believe that these records and others would not be provided to
me until I paid you a deposit $792.54 for the first 10 minutes of production time for each
outstanding request. Have you now changed that decision?
5. Please answer my questions so I may better understand your estimate in order to decide how
to proceed.
6. Please provide the records I originally requested as I originally requested them.
7. Please provide the record of your public record policy which was in effect on December 26,
2013, the day you received my original requests for these public records.
Dear Chris O'Hare [mail to: chrisohare¢ulfstreamna gtnail.coml,
The Town of Gulf Stream has received your public records requests dated February 5, 2015. If
your request was received in writing, then the requests can be found at the following link
http://www2.gulf-stream.org/WebLink8/0/doc/39220/Pagel.asvx. 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.
For items 1 -5, 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. For item 6, please see
the previous letters at the following links: http://www2.gulf-
stream. ore /WebLink8 /0 /doc/17938/PageLaspx,
http://www2.gulf-
stream. ore /WebLink8
/0 /doc /17943/Page1.aspx,
http://www2.gulf-
stream.org/WebLink8
/0 /doc /17945/Pagel.aspx,
htty://www2.gulf-
stream.org/WebLink8
/0 /doc /17948/PageLaspx,
htty://www2.gulf-
stream.org/WebLink8
/0 /doc /17939/Pagel.aspx,
httv://www2.gulf-
stream. org/
WebLink8 /0 /doc/l7946/Pagel.aspx,
httv://www2.gulf-
stream.org/WebLink8
/0 /doc /17942/Pagel.aspx,
http://www2.gulf-
stream. org /WebLink8
/0 /doc/l7944/Pagel.aspxx
http://www2.gulf-
stream.org/WebLink8
/0 /doc /17940/Pagel.aspx,
http://www2.gulf-
stream.org(WebLink8
stream.org/WebLink8
/0 /doc /17941/Pagel.asyx
/0 /doc /17947/Pagel.aspx.
and httv://www2.gulf-
For item 7, no such record exists.
We consider this matter closed.
Sincerely,
Town Clerk
Custodian of the Records