HomeMy Public PortalAboutPRR 15-1843RECORDS REQUEST (the "Request")
Date of Request: 5/20/2015
Requestor's Request ID#:
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Martin E. O'Boyle
1093
REQUESTOR'S CONTACT INFORMATION: E -Mail: records @commerce- group.com
Fax: 954- 360 -0807 or Contact Jill Mohler, Records Custodian at jmohler(a).commerce- ffouD.com;
(954) 570 -3507; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST:
Please provide copies of all documents which attorney Robert Sweetapple said that he had regarding
Martin O'Boyle and his conduct at depositions. The previous statements by Mr. Sweetapple were
made at the deposition which he attended on the a.m. of May 20, 2015. This request is made for the
period January 1, 2014 through the date of this Request.
ADDITIONAL INFORMATION REGARDING REQUEST:
THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
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 6119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SIIOVLD BE BILLED IN ACCORDANCE WITH Section 11907(4) () (2)
ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES %%HICII PROVIDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN TI IE 30 -DAY PERIOD TO ENFORCE: TI It, PROVISIONS OF THIS SECTION WITH RESPECI' TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E -MAIL DELIVERY
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(Definitions)), in advance of any costs Imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES ".
I/P/NP /FLRR
3.2.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
May 21, 2015
Martin E. O'Boyle [mail to: records @commerce- group.com]
Re: GS #1843 (1093)
Please provide copies of all documents which attorney Robert Sweetapple said that he had
regarding Martin O'Boyle and his conduct at depositions. The previous statements by Mr.
Sweetapple were made at the deposition which he attended on the a.m. of May 20, 2015. This
request is made for the period January 1, 2014 through the date of this request.
Dear Martin E. O'Boyle [mail to: records(i� commerce- groumcoml,
The Town of Gulf Stream has received your public records requests dated May 20, 2015. If your
request was received in writing, then the requests can be found at the following link:
htt-v://www2.gulf-streain.org/weblink/O/doc/50854/Pagel.aspx. 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 8, 2015
Martin E. O'Boyle [mail to: records @commerce- group.com],
Re: GS #1843 (1093)
Please provide copies of all documents which attorney Robert Sweetapple said that he had
regarding Martin O'Boyle and his conduct at depositions. The previous statements by Mr.
Sweetapple were made at the deposition which he attended on the a.m. of May 20, 2015. This
request is made for the period January 1, 1014 through the date of this request.
Dear Martin E. O'Boyle [mail to: recordsna,commerce- eroup.coml,
The Town of Gulf Stream received your public records requests on May 20, 2015. You should be
able to view your original requests at the following link htto://www2.gulf-
stream.ore/weblink/0 /doc /50854 /Pagel.gRx. In future correspondence, please refer to this public
records request by the above referenced numbers.
Your request for "all documents which attorney Robert Sweetapple said that he had" fails to
identify the public records that you seek with specificity such that the Town can adequately
frame a response. As a courtesy, the Town has construed your request to seek all public records
that attorney Robert Sweetapple possesses regarding Martin O'Boyle and his conduct at
depositions.
As you are well aware, the Town is involved in numerous lawsuits with Martin O'Boyle
including state court public records suits, federal court actions brought by Mr. O'Byole and and a
putative class action brought by the Town against Martin O'Boyle and various of his corporate
entities. Your request thereby potentially encompasses internal communications and memoranda
shared with the Town's attorneys in the course of ongoing litigation that would be exempt under
Florida Statute 119.0171(1)(d)l until the conclusion of the litigation.
To search for responsive documents, assess whether they constitute public records and determine
if any exemption applies will require significant time and expense.
The Town estimates 4 hours of administrative support at $36.39 per hour, 4 hours of
administrative support at $50 per hour, and at least 2 hours of attorney support to search for
responsive documents and review for exemptions related to ongoing litigation at $350.00 per
hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). If the
costs of producing these documents will exceed your deposit, the Town will provide you with an
initial production of responsive records and an estimate for the production of any additional
responsive records. If the costs of production are less than the deposit, the Town will provide you
with the responsive records and a refund.
(4 hours @ 36.39 = 145.56) — (.25 hours @36.39 = 9.10) + (4 hours @ 50.00 = 200.00) + (2
hours @ 350.00 = 700.00) = Deposit Due: $1,036.46 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