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HomeMy Public PortalAboutPRR 15-2040From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, November 01, 2015 7:07 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request - legal work - Nazzaro Dear Custodian of Records, This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding. Before making this public record request, I first searched the public records portion of your agency's website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. I request you provide for my inspection the public record which is: The following records requested are those records created or received by the Town prior to September 12, 2014. The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. The most recent minutes of any public meeting where the Town Commission , by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Any contract between John C. Randolph and the Town of Gulf Stream which i ncludes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. I make this request pursuant to Article 1 Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from Inspection or disclosure please cite the specific exemption as required by 5119.070 )(a) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by 5119.07(1)(f) of the Florida Statutes. Please take note of 5119.0701(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. 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 5119.01(2Nfl, Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Please take note of 5119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please advise me of the cost you anticipate to be incurred by your agency prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to Inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not Incur any costs on my behalf without first obtaining my written authorization to proceed. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chriso ha reg u Ifstream(a)a ma i I. co m TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 12, 2015 Chris O'Hare [mail to: chrisoharegulfstreamagmail.coml Re: GS #2040 (legal work - Nazzaro) The following records requested are those records created or received by the Town prior to September 12, 2014. (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C. Randolph and the Town of Gulf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Dear Chris O'Hare [mail to: chrisoharegulfstreamna.gmail.coml, The Town of Gulf Stream has received your public records requests dated November 1, 2015. The original public record request can be found at the following link: htty://www2.gulf- stream.org/weblink/O/doc/69561/Pagel.aMxx. 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 18, 2015 Chris O'Hare [Mail to: chrisoharegulfstream@gmail.com] Re: GS #2040 (legal work - Nazzaro) The following records requested are those records created or received by the Town prior to September 12, 2014. (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C Randolph and the Town of Gulf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Dear Chris O'Hare [Mail to: chrisohareaulfstreameizmail.coml, Thank you for your correspondence that the Town of Gulf Stream received on November 1, 2015. Your request can be found at the following link: htto://www2.gulf- stream.org/weblink/0/doc/69561/Pagel.aVxx. In future correspondence, please refer to this public records request by the above referenced number. For items 1, 2 and 4 of your request, there are no such records. With regard to Item #3 of the request, the Town disputes that you have identified those portions of the public records that you seek with sufficient specificity to permit the custodian to identify the record that you seek. The Town understands your reference to "[a]ny communication... related to" a given attorney "being authorized" to mean that you seek communications related to "the Town Commission, by majority vote, authoriz[ing] the Town Mayor to act on behalf of the Town Commission to authorize [the referenced attorney]" to provide legal work for the Town. There are no public records responsive to your request as the Town understands it. To the extent that you intended to seek something else, please clarify. This request for clarification is done as a courtesy to you to ensure the Town is able to accurately and promptly provide you with either an estimate, if necessary, or production of the public records you seek. Please clarify the above request as indicated and the Town of Gulf Stream will proceed with fulfilling your request. If we do not receive a clarification from you within 30 days of this letter, we will consider this closed. Sincerely, Town Clerk Custodian of the Records From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.comj Sent: Wednesday, November 18, 2015 7:58 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: CLARIFICATION Fwd: GS #2040 (legal work- Nazzaro) Dear Custodian of Records, Thank you for responding to my recent record request. Your response is forwarded herein for your reference. Here is a list of the records I requested: (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C. Randolph and the Town of Gulf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. You write partially to tell me that no records exist for request 1, 2, and 4. You also write that you dispute whether I sufficiently specified the records I seek in request 3 to permit you to identify it. Here is the original request 3 once more: Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Here is request 3 broken into three parts; I believe more simple but equally stated: 1. Any communication between the Town and Jones, Foster that has to do with the Town asking for Edward C. Nazzaro to provide legal help with public record requests. Z Any communication between the Town and Jones, Foster that has to do with the Town asking for legal help with public record requests and Nazzaro being assigned to help. 3. In short I am trying to inspect any records that will shed light on how Nazzaro got the job and how the job was defined. I hope this simpler language makes it possible for you to provide responsive records for my inspection. I consider this clarified request to be the same request I made to you earlier and not a new request. I make this clarified request under the same terms and conditions referenced in my original request. Sincerely, chrisoharegulfstream(aD,¢mail.com Kelly Avery From: Rizzardi, Keith W. <KRizzardi@jonesfoster.com> Sent: Wednesday, July 17, 2013 1:11 PM To: Randolph, John C. Subject: FW: Resume for PBC doc rev Attachments: Edward Nazzaro Resume OSCAR.pdf, ATT00001.htm Skip: My recommended lav student, "Trey" can come meet with you, Rita or anyone else on Friday. He is finishing a summer internship, but can work Friday Aug 2 and 9, and then increase hours and add new days thereafter as needed. Resume attached. Keith From: "Nazzaro, Edward C." <ENazzarotcc STU.EDU> Date: July 16, 2013, 9:29:04 PM EDT To: "Rizzardi, Keith W." <krizzardicr stu.edu> Subject: Resume for PBC doe rev Professor, Please see attached resume. Good luck on your last article. I look forward to working with you upon its completion. Best regards, Edward 'Trey" Nazzaro Juris Doctor Candidate, 2014 St. Thomas University School of Law St. Thomas Law Review, Editor -in -Chief phone: (863) 214-5817 email: enazzaro(astu.edu TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 19, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2040 (legal work - Nazzaro) The following records requested are those records created or received by the Town prior to September 12, 2014. (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Faster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C. Randolph and the Town of Gulf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (clarified 11118115 -Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Here is request 3 broken into three parts; I believe more simple but equally stated: 1. Any communication between the Town and Jones, Foster that has to do with the Town asking for Edward C. Nazzaro to provide legal help with public record requests. 2. Any communication between the Town and Jones, Foster that has to do with the Town asking for legal help with public record requests and Nazzaro being assigned to help. 3. In short I am trying to inspect any records that will shed light on how Nazzaro got the job and how the job was defined). Dear Chris O'Hare [mail to: chrisohareeulfstreamAgmail.cowl, The Town of Gulf Stream has received your record request dated November 11, 2015 and amended on November 18, 2015. Your original and amended public records request can be found at the following link htto://www2.gulf-stream.ore/weblink/O/doc/75064/Pagel.asox. Please refer to the referenced number above with any future correspondence. For parts 1 & 2 of the amended request, there are no such records. For part 3 of your request, without conceding communications between John Randolph and other attorneys not copied to any employee or officer of the Town are public records of the town, the record is produced in response to your request and can be found at the same above link. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, January 19, 2016 5:39 PM To: Bill Thrasher <bthrasherCa gulf-stream.org> Subject: another attempt to inspect these records - Fwd: GS # 2040 (legal work - Nazzaro)- amend Dear Custodian of Records, Your response, forwarded and attached herein, to my recent record request is unresponsive and apparently in multiple violations of Florida Statute. As a courtesy I am writing to you to give you an opportunity to produce records in compliance with my request and with Florida law. Please produce any responsive records as per FS Chapter 119 and as I originally asked. Sincerely, chrisoharegulfstream(@,,gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 25, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2040 (legal work — Nazzaro) The following records requested are those records created or received by the Town prior to September 12, 2014. (1) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (2) The most recent minutes of any public meeting where the Town Commission, by majority vote, authorized the Town Mayor to act on behalf of the Town Commission to authorized Edward C. Nazzaro of the law firm Jones, Foster, Johnston & Stubbs, P.A. (Town Counsel John C. Randolph's firm) to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (3) Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (4) Any contract between John C. Randolph and the Town of Guf Stream which includes any provision that authorizes or mandates the use of the law firm of attorney John C. Randolph to complete legal services for the Town related to Edward C. Nazzaro providing legal workfor the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. (clarified 11118115 - Any communication between the Town and anyone at Jones, Foster, Johnston & Stubbs, P.A. related to Edward C. Nazzaro being authorized to provide legal work for the Town related to the Town performing its obligations regarding Public Record Requests made to the Town. Here is request 3 broken into three parts; I believe more simple but equally stated: 1. Any communication between the Town and Jones, Foster that has to do with the Town asking for Edward C. Nazzaro to provide legal help with public record requests. 2. Any communication between the Town and Jones, Foster that has to do with the Town asking for legal help with public record requests and Nazzaro being assigned to help. 3. In short I am trying to inspect any records that will shed light on how Nazzaro got the job and how the job was defined). Dear Chris O'Hare [mail to: chrisoharegulfstream@gmail.coml, The Town of Gulf Stream has received your original record requests dated November 1, 2015 and an amended request on November 18, 2015. You indicated a concern with our response on the amended request on January 19, 2016. Your original and amended public records request can be found at the following link htto://www2.eulf- stream.ore/weblink/O/doc/69561/Pagel.asyx. Please refer to the referenced number above with any future correspondence. The Town stands by its previous response. We note that you have raised a concern that our response is in violation of Florida Statutes. If there is a specific violation or Statute about which you are concerned, we would appreciate hearing from you. While we do not believe that our prior production violated any Florida Statute, in an abundance of caution, we will be removing the responsive record from our website given that you have already received and reviewed the responsive records. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records