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HomeMy Public PortalAboutPRR 15-1940From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, September 28, 2015 7:58 AM To: Bill Thrasher<bthrasher@gulf-stream.org> Subject: Public Record Request - quit because of record requests Dear Custodian of Records, This email is a singular request for a 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 agency's website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. I request you provide for my inspection the public records which are: Records created by, or related to, any former town employee that substantiates the claim that the employee quit solely or substantially because of record requests. 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 0119.07(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 0119.07(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 0119.01(2)(fl. 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 0119.07(4)(01(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. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that 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. Again, please do not incur any costs on my behalf without fust obtaining my written authorization to proceed. 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: ch risoharegulfstrea mra- em a i l.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RITA TAYLOR September 30, 2014 O'BOYLE vs. TOWN OF GULFSTREAM 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2014 -CA -005189 AE MARTIN E. O'BOYLE, Plaintiff, VS. THE TOWN OF GULFSTREAM, Defendant. DEPOSITION OF RITA TAYLOR Tuesday, September 30, 2014 10:30 a.m. to 11:40 a.m. 100 Sea Road Gulfstream, Florida Reported By: DEBORAH LAWRENCE, Court Reporter Notary Public, State of Florida Esquire Deposition Solutions Job # 207862 ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RITA TAYLOR O'BOYLE vs. TOWN OF GULFSTREAM September 30, 2014 34 Q. Show you exhibit two. Do you recognize that? A. Yes. (Plaintiff's Exhibit No. 2 was marked for identification.) BY MS. CAIN: Q. That is a draft Gulfstream intends to impose? A. We did adopt it. Q. In the adoption of public record policy you guys intended on keeping the 8 cents or keeping the cost as from what we just previously discussed? A. Yes, until such time as it might be changed. Q. And now to your knowledge there's no change? A. Haven't heard of any. Q. How would you define the word revenue in your office? A. Income into the town. Q. Is it just any income? A. Yes. Q. Who is the lowest paid employee in the town currently? A. Rebecca. Q. Do you know how much she makes off the top of your head? A. No, I don't. Q. Previously it was Ms. Frida? ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com RITA TAYLOR September 30, 2014 O'BOYLE vs. TOWN OF GULFSTREAM 35 1 A. That's right. 2 Q. Did she help with public requests? 3 A. Yes. 9 Q. Was this during the period where Mr. O'Boyle and 5 Mr. O'Hare were making extensive requests? 6 A. Yes. 7 Q. Do you know if she was fired or whether she quit? 8 A. She quit. 9 Q. When did she quit? 10 A. I don't know for sure. Must have been six or 11 eight months ago. 12 Q. Did she ever state a reason for her resignation? 13 A. Yes. 19 Q. What was that? 15 A. That there was just so much work in those public 16 records requests and she was a nervous wreck. It drove her 17 away as a matter of fact. 18 Q. So that was her direct reasoning. Did she make 19 this statement to you? 20 A. Yes. 21 Q. Did she make it to any others? 22 A. Oh, yes. 23 Q. Was this said verbally or did she send out an 29 e-mail or letter of resignation? 25 A. It was said verbally but I think she may have ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com RITA TAYLOR O'BOYLE vs. TOWN OF GULFSTREAM September 30, 2014 36 1 1 mentioned that in her resignation letter but I am not sure. 2 Q. Back to the 8 cent policy. How was this policy 3 passed within the town? 9 A. It was passed when that was adopted. When the 5 policy was adopted but it was put into use long before that. 6 Q. Did it go through the commissioners? 7 A. No. 8 Q. Was there a vote on it? 9 A. No. 10 Q. Was it ever proposed at a public meeting of the 11 city? 12 A. It was a staff thing. As I said, with a liaison 13 with the attorneys office taking into consideration the 19 Public Record Act of the State. 15 Q. To your knowledge have the commissioners ever held 16 executive session meeting since the implementation of that 17 policy? Scratch that. 18 What training have you received with regard to 19 public record complaints, if any? 20 A. We have had the ethics training and then of course 21 the policy itself. We have all gone through that and 22 discussed it among ourselves as staff on a staff level. 23 Q. You said public ethics training. Do you remember 29 when that was? 25 A. We do it once a year. ESQUIRE 800.211.DEPO (3376) EsquireSolutions. com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 6, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1940 (quit because of record requests) Records created by, or related to, any former town employee that substantiates the claim that the employee quit solely or substantially because of record requests. Dear Chris O'Hare [mail to: chrisoharegulfstreamCa�,email.coml, The Town of Gulf Stream received your original public records request on September 28, 2015. You should be able to view your original request at the following link htto://www2.eulf- stream.ore/weblink/O/doc/66772/Pagel.asnx. In future correspondence, please refer to this public records request by the above referenced numbers. The responsive records can be found at the same above link. There was mention of this situation at a couple Town Commission meetings and can be found by watching the videos of the meetings. The videos can be found at https://www.voutube.com/channel/UCvJTjen2HMOSbss- CYOpzdO/feed?view as=public. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, October 06, 2015 4:21 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Fwd: GS #1940 (quit because of record requests) Dear Custodian of Records, On Sept. 28 2015 I asked you for: Records created by, or related to, any former town employee that substantiates the claim that the employee quit solely or substantially because of record requests Today you responded and wrote me that I could view responsive records by going to the following link http://www2.aulf- stream.org/weblink/0/doc/66772/Pagel.as8x. You also stated that I could view videos at httys://www.youtabe.com/channel/UCYJTien2HMOSbss-CYOozd0/feed?view as=public. I followed your instructions and I did not find any records responsive to my request. None of the records you provide substantiates the claim that the employee quit solely or substantially because of record requests. Perhaps we have different opinions of what the word substantiate means. I believe it means: provide evidence to prove the truth of. Given this meaning I ask that you reconsider the accuracy of your response and provide the records I asked to inspect. To be helpful, one record mentions another record that may be responsive to my request. Specifically the record found at httrr//www2.gulf-stream.org/weblink/O/doc/66772/Pa eg 1_aspx refers to a resignation letter. This is my second request for this public record. If the record does not exist, please tell me it does not exist as has been your custom instead of providing what I believe to be unresponsive records. Sincerely, chrisohareculfstreamla omail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 12, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1940 (quit because of record requests) Records created by, or related to, any former town employee that substantiates the claim that the employee quit solely or substantially because of record requests. (amended 10/6/15 - To be helpful, one record mentions another record that may be responsive to my request. Specifically the record found at http://www2.gulf-stream.orglweblink/0/doc/66772IPagel.aspx refers to a resignation letter. ) Dear Chris O'Hare [mail to: chrisoharegulfstream(cDwnail.coml, The Town of Gulf Stream has received your public records request dated September 28, 2015 and amended October 6, 2015. Your original and amended public records request can be found at the following link htta://www2.Mf-stream.org/weblink/O/doc/67127/Pagel.asyx. Please refer to the referenced number above with any future correspondence. In your original request, you asked for documents that "related to" the issue at hand, which we provided. According to your amended request, contrary to what was stated in the document provided, the "resignation letter", does not exist. The resignation was verbal. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records CORRECTED LINK TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via a -mail October 12, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #1940 (quit because of record requests) Records created by, or related to, any former town employee that substantiates the claim that the employee quit solely or substantially because of record requests. (amended 10/6/15 - To be helpful, one record mentions another record that may be responsive to my request. Specifically the record found at http://www2.gulf-stream.orglweblink/0/doc/66772IPagel.aspx refers to a resignation letter. ) Dear Chris O'Hare [mail to: chrisohareeulfstream(a),gmail.coml, The Town of Gulf Stream has received your public records request dated September 28, 2015 and amended on October 6, 2015. Your original and amended public records request can be found at the following link http://www2.gulf-stream.org/weblink/0/doc/66772/Pa eg 1_aspx. Please refer to the referenced number above with any future correspondence. In your original request, you asked for documents that "related to" the issue at hand, which we provided. According to your amended request, contrary to what was stated in the document provided, the "resignation letter", does not exist. The resignation was verbal. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records