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Home My Public Portal AboutPRR 15-1894From: Chris O'Hare [ mailto: chrisoharegulfstream @gmail.com] Sent: Thursday, July 23, 2015 6:33 PM To: Bill Thrasher <bthrasher @gulf- stream.org> Subject: PUBLIC RECORD REQUEST disposition record of hard drive Dear Custodian of Records, This email is a request for a single public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding. Before making this public record request, I first searched the public records portion of your agencies website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the record I wish to examine. Perhaps you would consider responding to my public record request by publishing the responsive documents on your agencies website and thereby making the record available to all record seekers. If you chose to respond this way, please tell me when the record is published. I request you provide for my Inspection the public record which is: The disposition record for the destruction or abandonment of the original electronic records located on the hard drive of the computer used by Officer Ginsberg to create his Incident report dated October 28, 2011 regarding 2520 Avenue Au Soleil. 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 4'1 19.07(l)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(11(8 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 §119.01(2)(8. 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 § 119.070)(a13.(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: chrisolraregulfstrea min- gmail.com From: Chris O'Hare [mailto:chrisoharegulfstream @gmail.com] Sent: Monday, July 27, 2015 2:58 PM To: Bill Thrasher <bthrasher @gulf- stream.org> Subject: Follow up attempt to inspect this record and Fwd: GS #1894 (disposition record of hard drive) Dear Custodian of Records, Thank you for your reply to my record request made to you on July 23, 2015 (attached). I wrote you to request you provide for my inspection the public record which is: The disposition record for the destruction or abandonment of the original electronic records located on the hard drive of the computer used by Officer Ginsberg to create his Incident report dated October 28, 2011 regarding 2520 Avenue Au Solell. You responded on July 27, 2015 by asking for clarification of my request. Specifically you wrote: "Your request jails to identify the "original electronic records "for which you seek a disposition record. To the extent that you seek a disposition record for any original electronic records associated with the incident report dated October 18, 1011, there never were any such orleinal electronic records and, therefore, there is no disposition record responsive to your request. To the extent that you seek other records, please clarify." Please correct me if I misunderstand your response but I believe you are claiming the creation of Officer Ginsberg's incident report of October 28, 2011 on a Town computer did not create "any such original electronic records." I understand thejob of Custodian of Records requires many skills and a large base of knowledge, however I respectfully observe that perhaps your knowledge of computer science is not quite sufficiently adequate to reach the determine that "there never were any such original electronic records." Perhaps if I explain more thoroughly what record I want to inspect you will understand that the record does (or once did) exist. Please allow me to be more clear. Officer Ginsberg created an incident report regarding activity he participated in at 2520 Avenue Au Soleil on October 28, 2011. That incident report was created on a computer. That computer was a Town computer. That computer was used to create many incident reports around that same time period. That computer was composed of circuitry and hardware that included what is commonly known as a hard drive. That hard drive creates metadata and other electronic information records associated with the input of data by the computer user; in this case the computer user was Officer Ginsberg. Metadata and other electronic information records automatically created on a computer's hard drive are considered a public record. The hard drive on the computer used by Officer Ginsberg created metadata and electronic information records. If these records no longer exist then, according to Florida Disposition rules, there must be a record of the disposition of these records. I am asking you for that disposition record. If that disposition record does not exist than please provide me with the metadata and electronic information records associated with the creation of the above referenced incident report by Officer Ginsberg. Please let me know if you need any additional clarification. Sincerely, Chris O'Hare TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 27, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1894 (disposition record of hard drive) The disposition record for the destruction or abandonment of the original electronic records located on the hard drive of the computer used by Officer Ginsberg to create his incident report dated October 28, 2011 regarding 2520 Avenue Au Soled. Dear Chris O'Hare [mail to: chrisoharegulfstream@,gmail.coml, The Town of Gulf Stream has received your public records requests dated July 23, 2015. Your original public records requests can be found at the following link http://www2.gulf- stream.org/weblink/0 /doc /59330 /Pagel.aslx. Please refer to the referenced number above with any future correspondence. Your request fails to identify the "original electronic records" for which you seek a disposition record. To the extent that you seek a disposition record for any original electronic records associated with the incident report dated October 28, 2011, there never were any such original electronic records and, therefore, there is no disposition record responsive to your request. To the extent that you seek other records, please clarify. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 28, 2015 Chris O'Hare [mail to: chrisoharegulfstream @gmail.com] Re: GS #1894 (disposition record of hard drive — followup) Officer Ginsberg created an incident report regarding activity he participated in at 2520 Avenue Au Soleil on October 28, 2011. That incident report was created on a computer. That computer was a Town computer. That computer was used to create many incident reports around that same time period. That computer was composed of circuitry and hardware that included what is commonly known as a hard drive. That hard drive creates metadata and other electronic information records associated with the input of data by the computer user; in this case the computer user was Officer Ginsberg. Metadata and other electronic information records automatically created on a computer's hard drive are considered a public record. The hard drive on the computer used by Officer Ginsberg created metadata and electronic information records. If these records no longer exist then, according to Florida Disposition rules, there must be a record of the disposition of these records. I am asking you for that disposition record. If that disposition record does not exist than please provide me with the metadata and electronic information records associated with the creation of the above referenced incident report by Officer Ginsberg. Dear Chris O'Hare [mail to: chrisohareeulfstream na,grnail.coml, The Town of Gulf Stream has received your follow up on the public records request dated July 27, 2015, which was originally sent July 23, 2015. Your original public records request and follow up can be found at the following link hgp: / /www2.gulf- stream. ore /weblink/O /doe/59330/Pagel.gVx. Please refer to the referenced number above with any future correspondence. There are no public records responsive to your request for (1) metadata and electronic information records associated with the creation of the October 28, 2011 incident report by Officer Ginsberg and (2) a disposition record for any metadata and electronic information records associated with the creation of the October 28, 2011 incident report by Officer Ginsberg. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records