HomeMy Public PortalAboutPRR 15-1992From: Jonathan O'Boyle[mailto:ioboyle(oboboylelawfirm.comj
Sent: Monday, October 12, 2015 1:02 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Records Request - JRO 7/14/15
Hey Joanne, I am writing to get back to you on the records request.
First, is there anything else out there with regard to the Board of Bar Examiners? This
request can now take the slow route so I would categorize it as a "low priority."
Second, I disagree that Jones Foster or Mr. Sweetapple's firm are "outside counsel." As
such, if records exists that concern ethical rules that I have referenced previously, I would
kindly ask that you let me know that they exist and state a basis for why the Town or JF
thinks that such records do not constitute public records — I think that is fair under Due
Process and a reasonable good -faith response. Then I can make a determination as to
whether to alert the Attorney General's office for mediation or — as per usual, I suggest that
the Town seek an advisory opinion from the Attorney General. I would consider this one a
"low priority."
Third, I would kindly ask that text messages, voicemails, memoranda, or whatever reflecting
my UPL File or Character and Fitness be released. Both investigations are now over, yet
according to the Bar Rules, neither was adversarial with respect to the Town. Additionally I
want to alert you again that insofar as those records reflect litigation strategy or were used
for other purposes, it is my position that they are releasable. Again "low priority." I will
note that under Chapter 119, searches are not compensable, if you intend to assess a special
"search" charge, please let me know the Town's authority so I can reconsider.
Fourth, I would like a copy of a records request I made to Rita Taylor in the fall/winter of
2013. I cannot right now remember what was in it precisely, but I remember she made me
write it out on a piece of yellow notebook paper (Legal Size if I remember) and it references
being put on the "bad list" with Mr. O'Hare. I know it is the only request I made by hand in
2013 so that should be enough information to locate the record. It is a one -pager. "Mid -
Priority."
Penultimately, there was an incident at Town Hall regarding Martin O'Boyle on September
22, 2015 at the Town Hall Meeting. I would like any incident reports or charging documents
that stemmed from that incident including the drafts or memoranda reflecting the Town's
version of the events and decisions regarding what charges to make against Matin O'Boyle —
this includes any video, audio, or writings which reflect the events. I want to put you on
notice that I will likely be asking for all public records generated from that incident as well
as the employment file and application of the officers involved as well as any other Brady
information — but not yet. For now, I am also seeking whatever manual's are out there
reflecting the Town's policing policies/ employment policies as well as any policies reflecting
the Town's ADA or Federal Rehabilitation Act duties: "High Priority."
Lastly, I am requesting all Lexis reports run on myself, or any of the Defendant's in the RICO
suit as well as their friends, family, or entities. I also want any public records reflecting the
authority to run those reports, or the direction from the Town. Additionally, I want all public
records generated subsequent to those reports that discuss those reports. As I stated
previously, I have asked for information about a week or so ago, I heard nothing, so I am
following up with this request. I want to know everything about my report, other reports,
and what was said prior and subsequent to those reports regarding the same. I hope that
helps you understand my request better.
To be clear I am asking for these records under the Florida Constitution, Chapter 119, and
the common law right of access/right to know.
While my motivations are irrelevant under the positive Florida Laws, I have worked with the
common law right to know before, there motivation is relevant and the test for what
constitutes a public record is more broad, so let me explain. I believe that numerous
criminal acts have been committed to attain my federally protected private information, I
have a compelling interest in understanding why my privacy rights have been violated and if
it has occurred to other individuals so that I can take the appropriate action to preserve my
privacy rights and make efforts to stop any unlawful behavior.
If the Town does not believe those records are public, again please explain. If the Town
believes that they have an interest in non -disclosure, please explain. I will note that I just
need the first page of the reports and the name of the individual — all else can be redacted to
ameliorate any privacy interests in non -disclosure. Although I am going two-steps ahead
here, I also have no intent to publish anyone else's reports (which should ameliorate the
Town's interest in non -disclosure further) but I reserve the right to bring them to the
appropriate State/Federal judicial/executive branches. "High Priority."
As always, I do not wish to incur fees without my consent and we can discuss a production
schedule if necessary. Also, if you need any clarification or spot a record that you think
might be responsive but are not sure, let me know and we can work it out accordingly.
Thanks.
Renee Basel
From: OConnor, Joanne M. <JOConnor@jonesfoster.com>
Sent: Wednesday, July 1, 2015 4:24 PM
To: Jonathan O'Boyle
Cc: Maria Sciolto Alvarez; Kelly Avery
Subject: PRR for RICO File (J. OBoyle)
Categories: Red Category
Jonathan —
As you are aware, the exemption from disclosure provided by Fla. Stat. § 119.071(1)(d) continues through prosecution of
any appeal. The Town of Gulf Stream has 30 days from today's entry of judgment in the RICO litigation to file a notice of
appeal. Only if that time runs and no appeal is filed, will the work product exemption cease to apply to public records
specific to the RICO litigation.
If you nevertheless want the Town of Gulf Stream to log your communication below as a public records request made
now and provide an estimate of the significant cost to gather responsive public records and review for exemptions,
please advise. It strikes me that it might make more sense for you to wait until the 30 days runs and then re -assert your
request if the Town does not appeal Judge Marra's decision but, of course, I leave that to you.
Regards,
Joanne
JONESFOSTER
Joanne M. O'Connor Attorney
Direct Dial: 561.650.0498 1 Fax: 561.650.5300 ioconnorCdionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.ionesfoster.com
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From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Tuesday, June 30, 2015 7:12 PM
To: OConnor, Joanne M.
Cc: Maria Sciolto Alvarez
Subject: RE: Gulf Stream -Jonathan O'Boyle PRR - UPL File
Hey Joanne, 1 wanted to follow up on the redactions we discussed with Mr. Sweetapple's bills. In light of the
circumstances, is it possible that any of the redactions related to the RICO and can I get I have those bills unredacted
further if so since the litigation has concluded?
Also, I would like to request my entire RICO file. I suspect it is easier to request the entire RICO file for everyone
rather than having it parsed out to find my documents. I am thinking text messages, e-mails, voicemails, social media
entries, and other records whatever they may be. I can dispense with calenders and if you feel that there is a whole
category of documents that are just going to be a pain to produce, just let me know and i can give a thumbs up or
down.
I suspect that I will not be the only one asking for these records now. So if anyone else asks, I will gladly try to
coordinate/and or work with the Town if they are interested in doing a grand release of documents or a unified
release schedule. Just let me know some minor scheduling details and I will almost certainly agree to a production
schedule or date. If I need anything immediately, I will ask politiley and see if we can accommodate each other.
As always, thank you kindly.
From: OConnor, Joanne M.[mailto:JOConnor@ionesfoster.coml
Sent: Friday, June 26, 2015 12:53 PM
To: Jonathan O'Boyle
Cc: stearns@iambg.com; kendrake@dldlawvers.com: Kelly Avery; Macfarlane, Mary
Subject: Gulf Stream -Jonathan O'Boyle PRR- UPL File
Jonathan —
Please allow this correspondence to constitute the Town of Gulf Stream's further production in response to your public
records request related to the UPL complaint made on August 25, 2014. Attached to this email is the following:
• Communications by and between Scott Morgan or the Town and The Florida Bar (we have previously sent to you
communications sent by Sweetapple, Broeker & Varkas to The Florida Bar). This includes a communication dated
May 26, 2015 from Algeisa Vasquez to Mr. Morgan advising that the file was closed on May 20, 2015.
• Copies of records regarding the UPL Complaint maintained by Scott Morgan.
• A September 29, 2014 communication to me from the Town forwarding various correspondences received from
The Florida Bar on September 17, 2014 including one from Maura Canter regarding you.
• Communication from me to Messrs. Tozian and Smith dated March 6, 2015 and from Mr. Berger to me, Mr.
Sweetapple and Mr. Richman dated September 19, 2014.
You have requested any contracts or authorizations to work on the UPL complaint between the Town and Mr.
Sweetapple or anyone else. In this regard, I would refer you to the minutes of the December 12, 2014 Town of Gulf
Stream Commission Meeting, which are publicly available on the Town's website. There are no other public records
responsive to this request.
With regard to your comments about the Sweetapple August 2014 invoices that have been redacted to reflect exempt
information, it appears we will have to agree to disagree. As I mentioned, that invoice is the subject of ongoing litigation
and we can expect the court to decide the issue. The Town believes that the identity of potential witnesses and sources
of information that its attorneys identified as material to pending litigation clearly reflects litigation strategy that is
exempt under the Act.
Finally, I note that you have broadly requested the Town's "entire UPL file" on you. To the extent that any Town officer,
employee or outside attorney had a file so designated, all responsive records have now been produced. Please note
that, in response to numerous public records requests seeking documents on which the Town relied when preparing
prior motions for sanctions and a motion to disqualify, the Town has previously produced numerous documents
regarding you and your bar membership. See, e.g., Town's response to PRR 14-1190. 1 understand that the Town has
also produced to you the transcribed statement of Joel Chandler.
The Town considers your request for public records related to your UPL file to now be closed.
In the spirit of ongoing cooperation and dialogue, please feel let me know if there are additional public records that you
seek from the Town. A telephone call might be more productive than ongoing email; if you and Mr. Drake would like to
call, I will make myself available.
Regards,
Joanne
Olt-F,SFOSTER
Joll
Joanne M. O'Connor Attorney
Direct Dial: 561.650.0498 1 Fax: 561.650.5300 ioconnor@ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401
561-659-3000 1 www.aonesfoster.com
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be
privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review,
dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original
message.