HomeMy Public PortalAboutPRR 15-1982RECORDS REQUEST (the "Request")
Date of Request: October 13, 2015
Requestor's Request ID#: 1127
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR Commerce Group, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at records(a),commerce-group.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, emails, audio tapes and videos) wherein Joanne O'Connor was a Receiver or a
Sender during the period January 1, 2013 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 emolovees 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, employees and partners of each such law firm.)
THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
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 6119.01(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 IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.070)(111 OF THE FLORIDA STATUTES, WHICH I PROVIDES THAT -IF A CIVIL ACTION
IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE 771E 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.IURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES'."
ALI, 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 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",
I/P/NP/FLRR
0728.2015
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 #1982 (1127)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Joanne O'Connor was a Receiver or a Sender
during the period January 1, 2013 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
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(acommerce-grouo.coml,
The Town of Gulf Stream has received your public records requests dated October 13, 2015. The
original public record request can be found at the following link: hu://www2.gulf-
stream.org/weblink/0/doc/67923/Pagel.asyx. 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
December 1, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #1979 (1125), 1980 (1126),1982 (1127)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein John Randolph was a Receiver or a Sender
during the period January 1, 2013 through October 12, 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 & iVarkus; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without
limitation, the attorneys, employees and partners of each such lawf:rm)
Provide copies ofall records (including, without limitation, communications, billings, memos, text
messages, emails, audio tapes and videos) wherein Robert Sweetapple was a Receiver or a Sender
during the period January 1, 2013 through October 12, 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 Joanne O'Connor was a Receiver or a Sender
during the period January 1, 2013 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
Qfflcers 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(d),commerce-groun.coml,
The Town of Gulf Stream received your public records requests on October 12 & 13, 2015. You
should be able to view your requests at the following link htti)://www2.gulf-
stream.org/weblink/0/doc/67617/Pagel.asRx, h!W://www2.eulf-
stream.org/weblink/0/doc/67619/Pagel.asRx, and hU://www2.gulf-
stream.org/weblink/0/doc/67923/Pagel.asvx. In future correspondence, please refer to this public
records request by the above referenced numbers.
As an initial matter, the Town notes that your request is extremely vague, ambiguous, and
overbroad and seeks documents far beyond those affiliated with any public entity including the
Town of Gulf Stream, as it seeks all documents generated, stored, created or received by private
counsel for the Town of Gulf Stream inclusive of private client relationships those counsel may
have and regardless of time period. In this manner, your request encompasses documents that are
not public records and which are protected by the attorney client and work product privileges. For
those reasons, the Town and its counsel reject your request for documents beyond those limited
public records of the Town of Gulf Stream which may be permissibly obtained.
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.gulf-stream.ore, click 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 "O'Connor", "Randolph" or "Sweetapple" and
then search by the number of the desired public records request in the folder "Public Record
Requests (of desired year)". Requests that seek records responsive to the present request may
include, but are not limited to PRR 14-742, 14-756, 14-762, 14-773, 14-789, 14-857, 14-914, 14-
922,14-934, 14-940, 14-1142, 14-1235, 14-1245, 14-1331, 14-1347, 14-1364, 14-1367, 14-1442,
14-1569, 14-1597, 14-1609, 14-1618, 14-1619, 14-1620, 14-1645, 14-1671, 15-1693, 15-1694,
15-1695, 15-1700, 15-1701, 15-1702, 15-1784, 15-1806, 15-1807, 15-1808, 15-1812, 15-1816.
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 40 hours of administrative support
at $40.51 per hour, 20 hours of administrative support at $50 per hour and at least 12 hours of
attorney to review for exemptions related to ongoing litigation 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.
(40 hours @ 40.51=1,620.40) - (.25 hours @40.51=10.13) + (20 hours @ $50.00 = $1,000)
+ (12 hours @ 235.00 = 2,820.00) = Deposit Due: $5,430.27 in cash or check.
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 back from you within 30
days of this letter, we will consider this closed.
Sincerely, Town Clerk