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Home My Public Portal AboutPRR 15-1983RECORDS REQUEST (the "Request") Date of Request: 10/13/15 Requestor's Request ID#: 1128 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Commerce Grout), Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-goup.com Fax: 954-360-0807 or Contact Records Custodian at records@commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide a copy of all complaints made against any Gulf Stream police officer and/or the Gulf Stream Police Department and/or the Town of Gulf Stream beginning January 1, 2010 through October 13, 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) Sweetapple, Broeker & Varkus: Richman Greer. PA: and Jones. Foster. Johnston & Stubbs. (including, without limitation, the attorneys, employees and nartners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE I, 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 ¢119.01(21(F). 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 1N ACCORDANCE WITH Section 119.07(4) (a) (21 ALSO PLEASE TAKE NOTE OF 4119.07(1)(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IFA CIVIL M.—TION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE TIIE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF TIIE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT.IURISDICTION 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 Requester approve or any costs, asserted by the Agency (as dented in Florida Statute, Chapter 119.01 (Dentitions)), in advance or any casts imposed to the Requesmr 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". UP/NP/FLRR 07.28.2015 May 6, 2011 gown o fcS'f>zeam / GARRETT J. WARD POLICE DEPARTMENT Chief of Police Mrs. Carolann Spadafora 2710 Cardinal Circle Gulf Stream, FL 33483 Dear Mrs. Spadafora, Re: IAI 1-011 On Thursday, March 29, 2011 you called me at the Gulf Stream Police Department and advised me of an incident that occurred on Saturday, March 19, 2011. You reported that on that day, about 10:30 A.M. you were driving behind a Gulf Stream Police car on Cardinal Circle. The police car suddenly stopped, went into reverse and then traveled at a high rate of. speed in your direction. You stated that both vehicles stopped and that there was no impact or apparent injury sustained by either party. The following day you reported experiencing severe back pain requiring medical attention and you attributed that pain to the incident of the previous day, caused by your tensing or bracing yourself in anticipation of the police car striking your car. You provided me with a description of the officer driving the police car but it did not match either patrol officer working on 3/19/11. Subsequently, Officer David Ginsberg advised that he was in fact driving the vehicle involved but was off duty on 3/19/11, putting the actual date in uncertainty. Officer Ginsberg believes the date to be 3/22/11 as his daily activity log shows him in Place Au Soleil at about 10:30 A.M. Officer Ginsberg is a part time officer and usually performs code enforcement duties Tuesday and Thursday each week. On 4/18/11 you submitted to me, as requested, a sworn written statement, dated 4/11/11, detailing the incident to the best of your recollection. On 4/28/11 Officer Ginsberg submitted a swom written statement, dated 4/25/11, detailing the incident to the best of his recollection. In your written statement you maintain that you were about two car lengths behind the police car when it stopped causing you to stop and it then went into reverse and backed up extremely fast toward you. 246 Sea Road, Gulf Stream, Florida 33483 Tel: (561) 278-8611 • Fax: (561) 276-2528 In his written statement, Ofc. Ginsberg maintains that when he stopped and put the car in reverse there were no cars behind him and as he backed up slowly, you drove rapidly to a point directly behind him and blew your hom. There is also a discrepancy with regard to the conversation that transpired following the incident. You maintain that when you pulled alongside the police car and asked what was going on, Ofc. Ginsberg replied 'That's the spot I like to watch traffic from". Ofc. Ginsberg maintains that he did not make that statement and explains that he was performing code enforcement duties which do not include monitoring traffic. With regard to the central issue of your complaint, there is no evidence of any kind that supports your position or Ofc. Ginsberg's position. There are no witnesses or other corroborating evidence. There was no impact or collision and therefore no physical evidence. As such, I find this complaint to be unsubstantiated. Respectfully, .`Ga"rtae,,�V dr Chief of Police Gulf Stream Police Department fat3 °63 T AM U&a,m P41M Vivo � *h'p.ft*'qnW &r** -MW SWM**" lubsCribed before me, Cz-�o� �' I of At4L-(sigg perso4xk kno" to.=@ PAP 'qr� V, MA. Brown .. )" #DD688147 AUG. 05, 2011 Bn:,*D!I;G CO, INC. GULF STREAM POLICE DEPARTMENT 246 SEA ROAD, GULF STREAM, FL 33483 25 APRIL 2011 FROM: P.O. DAVID S. GINSBERG TO: CHIEF, GULF STREAM POLICE DEPT I AM UNCERTAIN OF THE EXACT DATE OF THE INCIDENT, BUTTO THE BEST OF MY RECOLECTION, ON TUESDAY MARCH 22,2011 1 WAS ON DUTY PERFORMING MY DUTIES AS A CODE ENFORCEMENT OFFICER. AROUND 1040AM I HAD OCCASION TO CHECK A COMMERCIALLY MARKED VEHICLE ON THE DRIVEWAY AT 2740 CARDINAL CIRCLE. UPON LEAVING THAT RESIDENCE, I STARTED TO DRIVE AWAY WHEN I THOUGHT I HEARD SOMEONE CALL OUT TO ME. I STOPPED MY VEHICLE. THERE WAS A VEHICLE PARKED ON THE LEFT SIDE OF THE STREET, NO CARS WERE COMING BEHIND ME, SO I SLOWLY BACKED UP MY VEHICLE WITH MY FOOT AT THE BRAKE AND OFF THE GAS PEDAL. AFTER BACKING UP APPROXAMATELY TWO CAR LENGTHS, A VEHICLE CAME DRIVING UP RAPIDLY TO A POINT DIRECTLY BEHIND ME AND SOUNDED IT'S HORN. I BRAKED MY CAR AND PULLED FORWARD AND TO THE LEFT TO LET THE DRIVER PASS. THE DRIVER WHO I THEN RECOGNIZED AS MRS. SPODAFORA PULLED ALONG SIDE MY VEHICLE. SHE ROLLED DOWN HER WINDOW AND STARED AT ME. I SAID, "SORRY" AS I DID NOT WANT TO ENGAGE HER IN CONVERSATION. SHE DROVE OFF SAYING NOTHING TO ME. I RETURNED TO THE EAST SIDE OF TOWN AND CONTINUED MY INSPECTIONS. I HAVE READ A REPORT SUBMITTED TO THE DEPARTMENT BY CAROLANN SPODAFORA. IN HER REPORT SHE STATES THAT ON SATURDAY, MARCH 19,2011, AN UNIDENTIFIED OFFICER OF THE GULF STREAM POLICE DEPARTMENT WAS DRIVING IN REVERSE EXTREMELY FAST ON CARDINAL CIRCLE. I WAS NOT AT WORK ON SATURDAY, MARCH 19, 2011. 1 WAS OFF DUTY. MRS. SPODAFORA KNOWS ME VERY WELL. I HAVE HAD MANY CONVERSATIONS WITH HER IN THE PAST REGARDING CONSTRUCTION VIOLATIONS. MOST RECENTLY I HAD A CONVERSATION WITH HER REGARDING HER DOG BEING OFF A LEASH AND RUNNING LOOSE. IN MY CAPACITY WORKING AS A CODE ENFORCEMENT OFFICER, I NEVER SIT AND WATCH TRAFFIC AS IT IS NOT PART OF MY DUTIES. OFFICERS WHO DO WATCH FOR VIOLATORS BLOWING THROUGH THE STOP SIGN AT THE CORNER, WOULD NOT SIT THAT FAR DOWN STREET. P.O. DAVID S. GINSBERG 737 GUL S EAM POLICE DEPJ� / L Wei COMMERCE GROUP mobovle0commerce-eroup.com Direct Dial Telephone x954-570-3505 wg ard(@gulf-stream.org September 28, 2015 Town of Gulf Stream Police Department loo Sea Road Gulf Stream, FL 33483 Attn: Police Chief Garrett Ward RE: Incident — Martin E. O'Boyle — Lobby of Town Hall — Evening of September 22, 2015 Dear Chief Ward: I write you this letter in connection with the captioned. Please accept this letter as a formal complaint against Officer John P. Passeggiata for physical abuse to a senior citizen, physical abuse to a handicapped person, the use of excessive force, violation of my constitutional rights and what is commonly known as, "police brutality." Please let me know if there are any forms or any additional information you need in connection with the foregoing. Also, please let me know whether Officer Passeggiata will be suspended and/or subject to any other penalties for his conduct (which, I believe, "shocks the conscience.") As in the past, should you continue to shirk your responsibilities when the conduct of what I consider to be a "bad cop" is brought to your attention, I intend to take this matter "upstairs" to the Department of Justice, the Attorney General, the Inspector General and/or the State Attorney's Office. I trust that you will do the right thing and conduct an investigation; and, while doing so, suspend the Officer without pay. I thank you for your kind consideration. www.commerce-group.com TEL 954.360.7713 • FAx 954.360.0807 1280 WE i mwKT CENTER DRm. DEERFinD BEncu, FwRIDA 33442 Page 2 I look forward to hearing from you regarding your intended action regarding the content of this letter. Once again I thank you. Sincerely yours, JOLQ Martin E. O'Boyle CC: William Thrasher — Town of Gulf Stream via email William Ring, Esquire via email Jonathan O'Boyle, Esquire via email I:\P\NPR\LWD\Sept 22 15 Incident Ofcr Passeggiata TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 14, 2015 Commerce Group, Inc. [mail to: records@commerce-group.com] Re: GS #1983 (1128) Provide a copy of all complaints made against any Gulf Stream police officer and/or the Gulf Stream Police Department and/or the Town of Gulf Stream beginning January 1, 2010 through October 13, 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 Offecers and its Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & IVarkus; 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(acommerce-group.coml, The Town of Gulf Stream received your public records request on October 13, 2015. You should be able to view your request at the following link h_ptt://www2.gulf- stream.org/weblink/O/doc/6792I/Pagel.asm. 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. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records