HomeMy Public PortalAboutPRR 15-2003RECORDS REQUEST (the "Request")
Date of Request: 10/16/15
Requestor's Request ID#:
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Groun, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Contact Records Custodian at recordsnn,commerce-croun.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
and transcriots) wherein Joel Chandler was a Sender or Receiver: and the Town of Gulf Stream
was a Sender or Receiver for the period January 1, 2013 through October 16, 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 emnlovees
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 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(211F1. 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 CAE (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 6119.07(1)111) OF THE FLORIDA STATUTES. WI I ICII PROVI I)ES THAI' "IFA CIVIL ACTION
IS INSTITUTED WITHIN TIIE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO
THE REQUESTED RECORD,THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OFTHE 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 be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01
(Definitions)), in advance or any costs imposed to the Requestar 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".
VP/NP/FLRR
07.26.2015
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 12, 2015
Commerce Group, Inc. (mail to: records(a,commerce-sroun.coml
Re: GS #2000 (1152), 2001 (1151), 2002 (1150), 2003 (1142)
Provide a copy of all pleadings related to all litigations between the Town of Gulf Stream and any
other parry beginning January 1, 2010 and through October 16, 2015. 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 & Yarkus; 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 depositions related to all litigations between the Town of Gulf Stream and
(a) Martin O'Boyle (b) Chris O'Hare (c) the aliases of Martin O'Boyle and/or Chris O'Hare (as
such aliases are determined by the Town of Gulf Stream) during the period beginning January 1,
2010 and through October 16, 2015. 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 & Yarkus; 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 any claims (including counterclaims) initiated by the Town of Gulf Stream
against any of the following: (a) Martin O'Boyle (b) Chris O'Hare and (c) the aliases of Martin
O'Boyle and/or Chris O'Hare (as such aliases are determined by the Town of Gulf Stream) during
the period beginning January 1, 2012 and through October 16, 2015. 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 & Yarkus; 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 and transcripts)
wherein Joel Chandler was a Sender or Receiver; and the Town of Gulf Stream was a Sender or
Receiver for the period January 1, 2013 through October 16, 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: recordsna,commerce-group.coml,
The Town of Gulf Stream has received your public records requests dated October 16, 2015. The
original public record request can be found at the following link: http://www2.gulf-
stream.org/weblink/0/doc/68567/Pagel.asyx http://www2.gulf-
stream.org/weblink/0/doc/68569/Pagel.upxx http://www2.gulf-
stream.org/weblink/0/doc/68571/Pagel.aspx, and http://www2.gulf-
stream.org/weblink/0/doc/68584/Pagel.aspx. 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
January 21, 2016
Commerce Group, Inc. [mail to: records@commerce-group.cam]
Re: GS #2003 (1142)
Provide copies of all records (inchiding, without limitation, communications and transcripts)
wherein Joel Chandler was a Sender or Receiver; and the Town of Gulf Stream was a Sender or
Receiver for the period January 1, 2013 through October 16, 2015 which are in possession of the
Town of GulfStreanz. The term "Town of Gulf Stream"shall mean each ofthe following: the Town
of Gulf Stream, its Commissioners, its Manager, its employees, its Police Department, its Police
Officers and its Counsel (inchtding, without limitation, the following law firms) Sweetapple,
Broeker & Yarkus; 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(&,commerce-eroup.coml,
The Town of Gulf Stream received your public records requests on October 16, 2015. You should
be able to view your request at the following link http://www2.gulf-
stream.org/weblink/O/doc/68584/Pagel.asox In future correspondence, please refer to this public
records request by the above referenced numbers.
There are public records requests that were received and can be found by going to www.eulf-
stream.ora, click on "Find a Town Record", click on "Public Record Requests", click on "2013",
click on either "Public Records Number Log" to find the listing, or "Public Records Request
2013" for the actual requests and responsive communication.
There have also been other requests similar to this one that you have previously received responses
on in the past that would be responsive to this request as well. Those responsive documents can
be found at the following link: htto://www2.gulf-stream.org/weblink/O/doc/20415/Pagel.aspx
There are additional records received from, sent to or created by Joel Chandler in the possession
of the Town's outside counsel, Robert Sweetapple, Esq. Even assuming that those records and any
communications between Mr. Sweetapple and Mr. Chandler that have not been shared with the
Town are public records as defined in Chapter 119, Florida Statutes, which the Town does not
concede, your counsel at the O'Boyle Law Firm claims in pending litigation that Mr. Chandler has
provided to Mr. Sweetapple confidential and privileged information of CAEL See Citizens
Awareness Foundation, Inc. v. Sweetapple, Broeker & Varkas, P.L, Case No.
502014CA011941XXXXMB AA and O'Hare v. Gulf Stream, Case No. 2014-CA-
008327XXXXMB AF. The Town further asserts that any communications from Mr. Sweetapple
to Mr. Chandler are exempt per Fla. Stat. 119.071(1)(d)l as reflecting Mr. Sweetapple's mental
impressions, conclusions, litigation strategies or legal theories and were prepared exclusively for
civil litigation involving the Town adverse to you, your employees (Denise DeMartini, William
Ring), your affiliated entities (including, but not limited to, CAR, Stopdirtygovemment, LLC,
Commerce Group, Inc., CG Acquisition Co., Inc., Asset Enhancement, Inc.), your attorneys at the
O'Boyle Law Firm (Jonathan O'Boyle, Ryan Witmer, Giovani Mesa, Nickalaus Taylor) and
Christopher O'Hare.
To search the Town's files and Mr. Sweetapple's files for additional responsive documents, assess
whether they constitute public records and determine if any exemption applies will require
significant time and expense.
The Town estimates 1 hour of administrative support at $40.51 per hour, 2 hours of paralegal
support at $125.00 per hour, and 1 hour of attorney support 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.
(1 hours @ 40.51 = 40.51) — (.25 hours @40.51 = 10.13) + (2 hours @ 125.00 = 250.00) + (1
hour @ 235.00 = 235.00) = Deposit Due: $515.38 in cash or check.
Finally and in particular since you have made a broad request for "all communications," the Town
estimates that to conduct a thorough review of its hard and electronic files to determine that it has
not missed any additional documents will require 1 hours of administrative support at $40.51 per
hour, 1 hour of information technology support at $120.00 per hour, and 1 hour of attorney support
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).
(1 hours @ 40.51= 40.51) + (1 hours @ 120.00 = 120.00) + (1 hour @ 235.00 = 235.00) _
Deposit Due: $395.51 in cash or check.
The total deposit for both parts of the records request would be = $910.89 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