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Home My Public Portal AboutPRR 15-1889Kelly Avery From: Chris O'Hare < chrisoharegulfstream @gmail.com> Sent: Thursday, July 09, 2015 4:38 PM To: Bill Thrasher Subject: Follow up and second attempt to inspect - PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d Attachments: 01 TV12_Photo_re WrittenStatement_021214.pdf; 02 PRR_ re_ Orthwein021214WrittenStatement _from_021314.pdf; 03 _PRR_Response_re_Orthwein021214W rittenStatem ent_021814.pdf Dear Custodian of Records, I am following up on a previous public record request I made to you on Feb. 13, 2014, subject title, PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d. in which I asked for, "All records in any way related to any written statement provided to reporters on February 12, 2014 regarding a boat owned by Chris O'Hare. " I have attached this request for your reference. You replied to my request on Feb. 18, 2014 (also attached) at which time you stated, "Be advised that no such records exist." I wish to ask for clarification of your response because the CBS 12 WPEC TV broadcast report of Feb. 12, 2014 clearly states that this News organization received a written statement containing a quote from the Mayor. I suspect that this may be another instance where the responsive record may not be produced because I just didn't quite ask for the public record in a narrow enough way. Perhaps the written statement I requested was written on a different day than the 12th. Or maybe the written statement wasn't provided to reporters but rather given to someone else like the camera man or producer. Or maybe the written statement wasn't about a boat but rather about a "path." I would have assumed you knew what record I was referring to because I titled the email request PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d (emphasis added). Additionally I am not sure I understand what you mean by "Be advised that no such records exist. " Do you mean the record never existed? Or the record was lost or destroyed and no longer exists? Or you didn't ask Mayor Orthwein to produce it and since you don't personally have it, it doesn't exist to your knowledge? I patiently await your clarification. In order to save time while I am waiting, I have attached a snapshot of the CBS 12 WPEC broadcast which references the written statement I wish to inspect. You can plainly see that CBS 12 WPEC claims to have received a "written statement." Specifically, the closed caption portion of the broadcast illustrated in the attached snapshot reads, NOW, IN A WRITTEN STATEMENT SENT TO "CBS 12" TONIGHT THE MAYOR SAID, QUOTE, IT'S... Also in the snapshot of the broadcast is written: "It's a shame Mr. O'hare is choosing such a path because the town denied him a metal roof ..................... years To be clear, the record I wish to examine is this digital or printed "written statement." further described above. Please consider this email to be my second request to inspect this public record. I make this request under the same terms as my first request for this record, that is, 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 § 119.07(Ixe) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(lxf) of the Florida Statutes. Please take note of § 119.07(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, if so, 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 § I 19.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrisohareeulfstream(a)gmail.com .. a 0 E s 0 c Z m U 0 m mo 4d w/ LM Z COP) S a F-- .}.i W Z = F— 0 :; F— Z Coo) m C/) LLI F- CD 0 Q w [Kl 0 7 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail February 18, 2014 Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com] Re: PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d All records in any way related to any written statement provided to reporters on Febmary 12, 2014 regarding a boat owned by Chris O Hare. Dear Chris O'Hare [ mailto: chrisoharegulfstream Ccbemail.coml, This letter is in response to the public records you have requested in your email dated February 13, 2014. Be advised that no such records exist. Sincerely, Town Clerk Custodian of the Records Your orieinal request, dated February 13. 2014. is reproduced in the space below: From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com] Sent: Thursday, February 13, 201412:05 PM To: Bill Thrasher Subject: PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following records: All records in any way related to any written statement provided to reporters on February 12, 2014 regarding a boat owned by Chris O'Hare. 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 §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of §119.07(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, if so, 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 §119.01(2)(f), Florida Statutes. If you anticipate the production of these public records to exceed $1.00 please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: chrisohare¢ulfstreamCcDgmaii.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 22, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1889 (Follow up and second attempt to inspect - PUBLIC RECORDS REQUEST mayor's press statement 2.13.14.d) "It's a shame Mr. O'hare is choosing such a path because the town denied him a metal roof ....................years„ The record I wish to examine is this digital or printed "written statement. "further described above. Dear Chris O'Hare [mail to: chrisohareeulfstream (cbginail.coml, The Town of Gulf Stream has received your public records requests dated July 9, 2015. Your original public records requests can be found at the following link http://www2.eulf- stream.ore/weblink/0 /doc /58507 /Pagel.asoxx. Please refer to the referenced number above with any future correspondence. The news station/reporter must have been mistaken because we have verified that there are no public records responsive to your request. This statement was given verbally. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records