HomeMy Public PortalAboutPRR 15-1967RECORDS REQUEST (the "Request")
Date of Request: 10/8/15
Requestor's Request ID#:
REQUESTER Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Grout), Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records( commerce-groun.com;
Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Provide coDies of all records (including, without limitation, communications, billings,
memos, text messages, emails, audio tapes and videos) wherein Scott Morgan was a Receiver
or a Sender during the period January 1. 2013 through October 8. 20 15 which are in Dossession of the
Town of Gulf Stream..
ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall
mean each of the following: the Town of Gulf Stream. its Commissioners. its Manager, its emt)lovees, its
Police Department, its Police Officers and its Counsel (including, without limitation, the following law
firms) Sweetapple. Broeker & Varkus: Richman Greer. PA: and Jones. Foster. Johnston & Stubbs.
(including, without limitation, the attorneys, employees and partners of each such law firm.)
THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDA STATUTES
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.
SFE 6119.01UXF). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §I 19.07(1)(H) OF THE FLORIDA STATUTES, WIIICII PROVIDES TIIAT "1FA CIVILACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICI'IO.N AFTER NOTICE TO ALL AFFECTED PARTIES."
ALL ELECTRONIC COPIES ARE REOUESTED 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 Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01
(DeMltions)), in advance of any casts Imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THATTHE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
UP/NP/FLRR
07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 29, 2015
Commerce Group, hic. [mail to: records@commerce-group.com]
Re: GS #1967 (1118),1968 (1119), 1969 (1120)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Scott Morgan was a Receiver or a Sender
during the period January 1, 2013 through October 8, 2015 which are in possession of the Town
of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of
Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police
Officers and its Counsel (including, without limitation, the following law firms) Sweetapple,
Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without
limitation, the attorneys, employees and partners of each such law firm)
Provide copies of all records (including, without limitation, communications, billings,memos, text
messages, emails, audio tapes and videos) wherein Joan Orthwein was a Receiver or a Sender
during the period January 1, 2013 through October 8, 2015 which are in possession of the Town
of Gulf Stream. The term "Town of Gulf Stream" shall mean each of thefollowing: the Town of
Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police
Officers and its Counsel (including, without limitation, the following law firms) Sweetapple,
Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without
limitation, the attorneys, employees and partners of each such law firm)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Donna White was a Receiver or a Sender
during the period January 1, 2013 through October 8, 2015 which are in possession of the Town
of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the Town of
Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police
Officers and its Counsel (including, without limitation, the following law firms) Sweetapple,
Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without
limitation, the attorneys, employees and partners of each such lawfirm)
Dear Commerce Group, Inc. [mail to: records(@,commerce-arouo.coml,
The Town of Gulf Stream has received your public records requests dated October 8, 2015. The
original public record request can be found at the following link: h!W://www2.eulf-
stream.org/weblink/0/doc/67592/Pagel.asnx, htlp://www2.gulf-
stream.ore/weblink/O/doc/67594/Pagel.asvx, and httv://www2.eulf-
stream.org/weblink/O/doc/67590/Pagel.asnx. 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
November 23, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #1967 (1118)
Provide copies of all records (including, without limitation, communications, billings, memos,
text messages, emails, audio tapes and videos) wherein Scott Morgan was a Receiver or a
Sender during the period January 1, 2013 through October 8, 2015 which are in possession of
the Town of Gulf Stream. The term "Town of Gulf Stream " shall mean each of the following: the
Town of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its
Police Officers and its Counsel (inchuding, without limitation, the following law firms)
Sweetapple, Broeker & Yarkuus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs,
(including, without limitation, the attorneys, employees and partners of each such law firm)
Dear Commerce Group, Inc. [mail to: records(a),commerce-eroup.comlI
The Town of Gulf Stream received your public records request on October 8, 2015. You should
be able to view your request at the following link httv://www2.gulf-
streatn.org/weblink/O/doc/67592/Pagel.asox In future correspondence, please refer to this
public records request by the above referenced numbers.
As an initial matter, the Town disputes that you have identified those portions of the records that
you seek with sufficient specificity to permit the custodian to identify the records. As you are
aware, Scott Morgan served as a member of the ARPB from 3/2007 to 3/14/14, Town
Commissioner from 3/14/14 to the present and has served as Mayor of the Town since April
2014. He also resides in the Town and receives regular communications from the Town as a
result. Your request is vague, ambiguous and overly broad and essentially seeks to completely
duplicate public records sent or received by Scott Morgan for a nearly two year period.
The Town Commission generally meets once per month. Accordingly, records responsive to
your request would be the agendas and the agenda packets of the ARPB as well as the Town
Commission. All agendas are online, but only from October 2013 to current are agenda packets
available online for the Town Commission. For the agenda packets for the ARPB, all packets are
there for the time period you seek. These can be found by going to www.eulf-stream.org, click
on "Town Clerk", click on "Agendas", click on either "ARPB" or "Town Commission". You
will then click on the desired year to find the agendas and packets you seek.
The Town notes that it has previously responded to requests -- including requests from you
and/or your affiliated entities or officers -- for records that appear to seek a subset of the present
request and provided records, advised no records exist, or given estimates of the cost to produce
responsive records. To find the aforementioned requests and responses, go to www.eulf-
stream.oreclick on "Find a Town Record", click on "Public Record Requests", click on the year
you desire, click on either "Public Record Number Log" and search "Morgan" or "Mayor" and
then search by the number of the desired public records request in the folder "Public Record
Requests (of desired year)".
In light of the breadth of your request, which covers "all records" received or sent to the
referenced individuals during a nearly two year period, producing all records responsive to your
request will require extensive clerical or supervisory assistance. As you are also aware, the Town
is presently defending 40 public records lawsuits that were filed during the nearly two-year time
period encompassed by your request including lawsuits directed to public records in the
possession of Scott Morgan. The Town is also defending seven (7) pending lawsuits brought
against it and its officials in state and federal courts in Palm Beach County. Another two (2)
lawsuits brought by the Town are pending in state and federal courts in Palm Beach County.
Your request thereby potentially encompasses documents prepared by the Town's attorneys
exclusively for litigation or in anticipation of imminent litigation and that reflect the mental
impressions, conclusions, litigation strategies, or legal theories of the Town's attorneys or the
Town and would be exempt under Florida Statute § 119.0171(1)(d) until the conclusion of the
litigation. As a result, the Town reasonably anticipates needing attorney time to review any
records that may be responsive to your request for exemptions under Florida Statute §
119.0171(1)(d).
The Town estimates that to respond to your request will require 10 hours of administrative
support at $40.51 per hour, and 6 hours of attorney support from the Town's outside legal
counsel at $235.00 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.
(10 hours @ 40.51= 405.10) — (.25 hours @40.51=10.13) + (6 hours @ 235.00 =1,410.00) _
Deposit Due: $1,804.97 in cash or check.
Sweetapple, Broeker & Varkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs are
private entities. While communications and documents are related to the town, commissioners,
staff, representatives, and constitutes, may be public records, not all communications or
documents in the procession of a private entity are public records.
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