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Home My Public Portal AboutPRR 15-1989RECORDS REQUEST (the "Request") Date of Request: October 14, 2015 Requestor's RequestID#: 1153 REQUESTEE: Custodian of Records Town of Gulf Stream REQUESTOR: Commerce Grou Inc. REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records@commerce-grout).com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide conies of all records (including, without limitation, communications, billings memos, text messages, entails, audio tapes and videos) wherein Kelly Avery was a Receiver or a Sender during the period January 1 2013 through October 14 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 partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, 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 4119.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOVESTED 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 §119.0701(11) OF THE FLORIDA STATUTES, WHICH I PROV IDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN TIIE 30 -DAY PERIOD TO ENF'ORCF.l'IIE PROVISIONS OF'rins SECTION WITH RESPECTTO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF 771E RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION 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 he required that the Requestor approve or any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01 (Definitions)), in advance orany 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 30, 2015 Commerce Group, Inc. [mail to: records@commerce-group.com] Re: GS #1987 (1131), 1988 (1137), 1989 (1153) Provide a copy of all responses to all records requests which were made to the Town of Gulf Stream beginning January 1, 2013 through October 14, 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 a copy of all communications wherein the League of Cities was a Receiver or Sender; and where the Town of Gu f Stream was a Receiver or Sender for the period January 1, 2013 through October 14, 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 Guf 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 & Varkits; 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 Kelly Avery was a Receiver or a Sender during the period January 1, 2013 through October 14, 2015 which are in possession of the Town of Gulf Stream. The term "Town of Gulf Streams" 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 & Varkuts; 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: recordsCaZcommerce-erouo.comlI The Town of Gulf Stream has received your public records requests dated October 14, 2015. The original public record request can be found at the following link: http://www2.aulf- stream.or¢/weblink/0/doc/68141/"Pasel.aspx, http://www2.¢ulf- stream.ore/weblink/0/doc/68143/Pagel.aspx, and http://www2.eulf- stream.org/weblink/0/doc/68133/Pagel.asax. 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 24, 2015 Commerce Group, Inc. [mail to: records@commerce-group.com] Re: GS #1989 (1153) Provide copies ofall records (inchiding, without limitation, communications, billings, memos, text messages, emails, audio tapes and videos) wherein Kelly Avery was a Receiver or a Sender during the period January 1, 2013 through October 14, 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 (inchiding, without limitation, the following law firms) Sweetapple, Broeker & Yarkats; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchiding, without limitation, the attorneys, employees and partners of each such law firm) Dear Commerce Group, Inc. [mail to: records@commerce-eroup.coml, The Town of Gulf Stream received your public records request on October 14, 2015. You should be able to view your request at the following link http://www2.gulf- stream.ore/weblink/O/doe/68133/Pagel.aspx. 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, Kelly Avery has been working as the Deputy Town Clerk of the Town of Gulf Stream since 10/2011. Your request is vague, ambiguous and overly broad and essentially seeks to completely duplicate the Town Manager's public records sent or received for a nearly two year period. 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.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" and search "Avery" and then search by the number of the desired public records request in the folder "Public Record Requests (of desired year)". To find all the requests that Kelly Avery has received and responded to, you can also go to the same place and look in "Public Record Requests (of the desired year)" and "Public Record Number Log." 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 § I I9.0171(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. 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