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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