HomeMy Public PortalAboutPRR 15-1971RECORDS REQUEST (the "Request")
Date of Request: 10/9/15
Requestor's Request ID#: 1121
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Group, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-Lroup.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 copies of all records (including, without limitation, communications, billings,
memos, text messages, entails, audio tapes and videos) wherein Bob Ganger was a Receiver or a Sender
during the period January 1, 2013 through October 9, 2015 which are in possession 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 employees, its
Police Department, its Police Officers and its Counsel (including, without limitation, the following law
firms) Sweetavole. Broeker & Varkus: Richman Greer. PA: and Jones. Foster. Johnston & Stubbs.
including, without limitation, the attorneys, emolovees 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.
SEE 6119.01f2)(Fl. FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON Il X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD DE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(1)(H) OF THE FLORIDA STATUTES, WHICH ICI I PROV IDES THAT "IF A CIVIL ACTION
IS INSTITUTED WITHIN THE Jo -DAY PE:RIOD'rO ENFORCE: THE PROVISIONS OF''I HIS SECTION WITH RESPECT 7'O
THE REQUESTED RECORD, THE CUS'T'ODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDR7TION 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
07.28.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
October 29, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #1971 (1121),1972 (1122), 1973 (1123)
Provide copies of all records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Bob Ganger was a Receiver or a Sender during
the period January 1, 2013 through October 9, 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 Thomas Stanley was a Receiver or a Sender
during the period January 1, 2013 through October 9, 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 ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Rita Taylor was a Receiver or a Sender during
the period January 1, 2013 through October 9, 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 Gttlf
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)
Dear Commerce Group, Inc. [mail to: records(&commerce-¢roup.coml,
The Town of Gulf Stream has received your public records requests dated October 9, 2015. The
original public record request can be found at the following link: httv://www2.gulf-
stream.ore/weblink/0/doc/67597/Pagel.asvx, http://www2.gulf-
stream.org/weblink/O/doc/67599/Pagel.asnx, and hM://www2.gulf-
stream.org/weblink/0/doc/67601/Pa eg l.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
November 17, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #1971 (1121), 1972 (1122), 1973 (1123)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Bob Ganger was a Receiver or a Sender during
the period January 1, 2013 through October 9, 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 GW
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 Thomas Stanley was a Receiver or a Sender
during the period January 1, 2013 through October 9, 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 ofeach such law firm.)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Rita Taylor was a Receiver or a Sender during
the period January 1, 2013 through October 9, 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.)
Dear Commerce Group, Inc. [mail to: records(a)commerce-group coml,
The Town of Gulf Stream received your public records request on October 9, 2015. You should
be able to view your request at the following link htto://www2.gulf-
stream.org/weblink/0/doc/67597/Pa eg 1 aspxx httv://www2.Lyulf-
streain.org/weblink/O/doc/67599/Pagel.aspx, and httv://www2.eulf-
stream.ore/weblink/0/doc/6760I/Page l asox. In future correspondence, please refer to this public
records request by the above referenced numbers.
All of the Town's audio and video can be found online at the following link:
hns://www.youtube.com/channel/UCvJTien2HMOSbss-CYOpzdO/feed?view as=public.
Several items that are requested have already been previously produced and can be found by going
to www.gulf-stream.org, click on "Find a Town Record", click on "Public Record Requests", click
on the year you desire, click on either "Public Record Number Log" or "Public Record Requests
(of desired year)".
The Town believes that there may be additional records requests made to it or its records custodians
that would be responsive to your request but to gather and produce them will require extensive use
of clerical or supervisory assistance.
The Town may incur expenses for the production of documents. You are responsible for the cost
of duplication, as allowed by Chapter 119, Florida Statutes, and you may also incur a special
service charge for the labor needed to respond to this request.
The Town will require 18.75 hours of administrative support at $40.51 per hour, and 10;5 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.
(18.75 hours @ 40.51= 759.56) — (.25 hours @40.51=10.13) + (10.5 hours @ 235.00 =
2467.50) = Deposit Due: $3,216.93 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
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 24, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #1971 (1121), 1972 (1122)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Bob Ganger was a Receiver or a Sender during
the period January 1, 2013 through October 9, 2015 which are in possession of the Town of Guulf
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 &
Varkuus; 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 Thomas Stanley was a Receiver or a Sender
during the period January 1, 2013 through October 9, 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
Gut(Stream, its Commissioners, its Manager, its employees, its Police Department, its Police
4fficers and its Counsel (including, 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: recordsCa�commerce-uroup.com],
The Town of Gulf Stream received your public records request on October 9, 2015. You should
be able to view your request at the following link http://www2.aulf-
stream.oru/weblink/0/doc/67597/Paael.aspx and http://www2.aulf-
stream.or¢/weblink/0/doc/67599/Paael.aspx. In future correspondence, please refer to these public
records requests 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, Bob Ganger served as a member of the ARPB from 1/13/06 to 8/10/12, Town
Commissioner from 8/10/12 to the present. Tom Stanley served as a member of the ARPB from
11/10/11 to 8/10/12, Town Commissioner from 8/10/12 to the present. Both individuals are also
residents of the Town who receive regular communications from the Town as a result. Your request
is vague, ambiguous and overly broad and essentially seeks to completely duplicate the records of
a Town Commissioner and resident 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.gulf-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. Responses to previous requests that appear to be a subset of this request include the
following:
As to Bob Ganger: Public Records Requests 13-199, 13-218, 13-238, 13-242, 13-254, 13-
315, 13-363, 13458, 14-604, 14-946, 14-1087, 14-157, 14-521, 15-1689 and 15-1829.
As to Tom Stanley: Public Records Requests 13-284, 13-285, 13-310, 13-319, 13-368,
13-433, 13-456, 14-504, 14-687, 14-690, 14-719, 14-751, 14-925, 14-947, 14-624, 15-2018 and
15-2037.
To find the aforementioned requests and responses, go to www.gulf-stream.org, click on "Find a
Town Record", click on "Public Record Requests", click on the year you desire, click on either
"Public Record Number Log" or "Public Record Requests (of desired year)" and search by the
number of the public records request.
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. 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 for each of Mr. Ganger and Mr. Stanley, it will require 4 hours of
administrative support at $40.51 per hour, and 2 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. The total estimate required
by the Town to proceed with the aforementioned requests is as follows:
(8 hours @ 40.51=324.08) — (.25 hours @40.51=10.13) + (4 hours @ 235.00 = 940.00) _
Deposit Due: $1,253.95 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. If we do not hear from you within 30 days
of this letter, we will consider this closed.
Sincerely, Town Clerk