HomeMy Public PortalAboutPRR 15-1995From: 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.
From: OConnor, Joanne M.[mailto:JOConnor@jonesfoster.com]
Sent: Tuesday, October 13, 2015 5:13 PM
To:'Jonathan O'Boyle' <joboyle@oboylelawfirm.com>
Cc: Maria Sciolto Alvarez <malvarez@dldlawyers.com>; Kelly Avery <kavery@gulf-stream.org>
Subject: RE: Records Request - JRO 7/14/15
Jonathan —
In response to your request for public records of the Town of Gulf Stream, please allow this to constitute
a partial response to your "penultimate" request and a complete and final response to your final
request.
As to your request regarding the incident on September 22, 2015, 1 have forwarded your response to
Kelly Avery who will process it for the Town. As a partial response, I can advise you that the Town's
personnel and police department policies are available online at http://www2.aulf-
stream.ors/weblink/0/doc/67568/Pagel.aspx and http://www2.eulf-
stream.or¢/weblink/0/doc/27151/Pagel.aspx . Please advise if you have any difficulties accessing them.
Kelly will advise if there are any other policies that reflect the Town's ADA or Federal Rehabilitation Act
duties.
As to your final request, the Lexis report run on April 21, 2014 under your name, which I previously
provided to you notwithstanding my position that it is not a public record of the Town of Gulf Stream, is
the only such report on any defendant or its friend, family or affiliated entity in the RICO lawsuit. As I
also advised you on June 26, 2015, that report was not forwarded to anyone at the Town of Gulf Stream.
And while I am not required to answer your questions, I will tell you that the report was never sent to
anyone outside of my firm other than to you. In response to your request for public records reflecting
the authority to run that report, or direction from the Town, there are no responsive public records.
Finally, the attached email sent on April 21, 2014 is the only public record communication (in fact, the
only public record communication of which I am aware) that appears to specifically reference
information in that report. If you want an estimate of the time and expense for me to review documents
previously provided to you re your UPL file or publicly filed pleadings to determine if they might
reference information gathered from the Lexis report, please advise and I will prepare and provide.
I have forwarded your request #4 to Kelly Avery, who will respond to you directly.
As to your third request, I believe I have provided you with everything but will aim to confirm that within
the next week as you have indicated it is "low priority" at this time.
As to your second request, I am unclear as to what records you seek. Specifically, to what ethical rules
do you refer? I believe I already responded relative to Fla. Bar Rule 4-3.4.
Thanks,
Joanne