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HomeMy Public PortalAboutPRR 15-2059COMMERCE GROUP mobovlea commerce-erouo.com Direct Dial Telephone #954.570-3505 November 16, 2015 VIA E-MAIL: rtavlorna.¢ulf-stream.ore TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: Rita L. Taylor, Custodian of Records Re: Records Request — Martin O'Boyle - #1180 Dear Madam Custodian of Records: Enclosed please find the captioned Records Request. For convenience, I am sending a copy of this letter and the Request to Mr. Sweetapple and Ms. O'Connor. To assure that I will receive all records, I am requesting that Mr. Sweetapple and Ms. O'Connor distribute a copy of this letter and the attachment to all members, partners and employees of their respective firms. Cryours, C -� 0Z Martin E. O'B yle Enclosure cc: Joanne M. O'Connor, Esquire—E-Mail w/ enclosure Robert A. Sweetapple, Esquire — E -Mail w/ enclosure P/NP"RR www.commerce-group.com TEL 954.360.7713 • FA 954.360.0807 1280 WEFT NE RT CDmR Dam, DEERRUD BEAcx, FwaiDA 33442 RECORDS REQUEST (the "Request") Date of Request: November 16, 2015 Requestor's Request ID#: 1180 REQUESTER Custodian of Records Town of Gulf Stream REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(dcommerce-proOp.COm: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notify the Requestor at the following E -Mail address: recordsag commerce-group.com. In connection with any communications, they should be addressed as follows: recordsOcommerce-group.com. 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) Sweetavole, Broeker & Varkas; 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, FLORIDA STATUTES 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(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REOVESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I1 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 PROVIDES THAT "IFA CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PI! RIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUS-1ODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE 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 orany costs Imposed to the Requester 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". UP/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 24, 2015 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #12059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would inchale any records in the possession of the Town of GuljStream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notes the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. 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 Martin E. O'Boyle [mail to: records@,commerce-erouo.comlI The Town of Gulf Stream has received your public records requests dated November 17, 2015. The original public record request can be found at the following link: htto://www2.gulf- stream.ore/weblink/0/doc/71451/Page l.asox. 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. Unless you advise us otherwise, we intend to process your request in the order they were received. Sincerely, Town Clerk, Custodian of the Records RECEIVED 11/13/2015 11:38 5613946102 SBV 11/13/2015 12:11 5612762528 GULF STREAM P D GULF STREAM POLICE DEPARTMENT FACSIMILE TRANSMISSION Date: 11/13/15 To: ROBERT SWEETAPPLE From: CHIEF GARRETTJ. WARD Notation: REQUESTED DOCUMENT Total Pages: 2 with cover At: 394-6102 GULF STREAK{ POLICE DEPARTMENT 246 SEA ROAD GULF STREAM, FL 33483 PHONE: (561) 278-8611 Fax: (561) 276-2528 PAGE 01/02 RECEIVED 11/13/2015 11:38 5613946102 SHV 11/13/2015 12:11 5612762528 GULF STREAM P D PAGE 02/02 OATS Humber PROBABLE CAUSE AFFIDAVff I. ARen n, Requeelkr WartantFlas a,NT.A. 4.RandllkrG 3 Juyenee 2 AWrwy ORINu h. Akl yNene Aaenmy Wital Number FLO 5 0 1 3 0 0 GULFSTREAM POLICE DEPARTMENT 1 C ant, eTYPa: A. Felony ® a. Mlndnmaanor S. Ordinance cb.T.pplyTTeny sprat Nobe: 2. Trnmc FolenY O. TmRe Mbtlamaaner ❑ S. Dln er o Namo(LeaLFosLMkeh) Alla 'BDvle,Mardn E 1011215L Seo W be. M Deie of aiM 1 10/12/51 rn cw;o me". L'narya OasarLebn ii0rderly Conduct hafe Da.101. Gnago Deednpemesistin Officer Without Violence ohn'a Name(LeIL FM Middle) IV Racece; Icareee lavoto, API. NUMm) fent) (9tlel (ZIP) auemeea Addm•a(N..% Street) Saw I61ete) (,ip) Fnue Coleman The undenMnan Wriaieg end naa0fl Inst Works Its tall and realonebW amunde It Native, and doea be00ve /hal IM aeons Immod ceiammn! omanilnd INe 1,111"09 Ylolal'im of Inn. The Pareoa taken into cualotly 3 cwnmltted the o1i acts In my presence. ❑was observed by _ who told ❑ confessed to that hanhe saw the arrested pereon commit the below Beto. admlfting to the balm facts. ❑was bund te have cwnmlbed the cAIM Seen, resulting from my (described) Inwaligaborr. On ibe 22 day of September 20 is at 575a ❑A.u. ® VAIfSpatlfha)ly Include facia conatitufin0 cause fol emast.) At the end of a public Town Hall Meeting at Gulf Stream Town Hall 100 Sea Rd Gulf Stream Florida 33483, county of Palm Beach. Mr. Martin O'Boyle a Town Of Gulf Stream resident was acting disorderly by engaging in such conduct as to constitute a breach of peace. Mr. O'Boyle attempted to deface public property by writing with a marker on a poster displayed at Town Hall. When I directed Mr. O'Boyle to refrain from his attempt to deface the poster, He asked, "What are you going to do about it"'I" I Then directed Mr. O'Boyle to move away from the poster and he loudly replied "Fuck you". I then directed Mr. O"Boyle to leave the building and his loud response was , "Go Fuck Yourself'. At that point Chief Ward engaged Mr. O'Boyle in an attempt to have him comply with my direction to leave the building. He loudly responded to the Chief, "Fuck. You, Go Fuck Yourself you Fucking asshole". Mr. O'Boyle then moved directly in front of Chief Ward at a very close distance from him, puffed up his chest and shoulders and glared at the Chief in a threatening manner. Chief Ward asked O'Boyle, "What is that a combat stance?". s Mr. O'Boyle responded, "Yeah its a combat stance." I then attempted to escort Mr. O'Boyle from the building. He moved to the exit door which I bad put in an open position, Mr. O"Boyle then stopped and H pulled his arm free of my hand, stating "I'm not going anywhere." He then grabbed the door frame and 4 gingerly lowered himself to his knees. Chief Ward and I attempted to raise him to his feet but he refused to cooperate. This incident occurred in the Gulf Stream Town Hall Lobby when meeting attendees were passing through the Lobby and were subject to Mr. O'Boyles Tirade of obscenities and his disruptive and at disorderly conduct. Probable cause exists to charge Mr. O'Boyle in that he acted in a disorderly manner, obstructed justice and resisted an officer without violence. Mr. O'Boyle did not comply with a lawful order to leave Town Hall on several occasions. aNARN AND 9da9 i0e0 aePORe Me F Qi,,. ,." 91GNATU0. O nRRE6tINGlINVE5TIGATINGO IOi- N0, RY PV IGl CLERI PcOD OFFICER Irk S. 11].10) ME 9/23/15 S t. John Passe iota C NAME OF OPFlDER (PLEASE PRi7 DATE C 9923/15 DATE From: ADM1 - Cynthia Pollard <CRepici@saol7.state.fl.us> Sent: Thursday, October 22, 2015 11:02 AM To: MTC - Nicole Bloom; John Passeggiata Cc: ADM1 - Kim Fontana; ADM1- Kristi Grimm Subject: Executive Assignment Palm Beach Case#15MMM0 Def. Martin O'Boyle Good after Sergeant, ASA Nicole Bloom has been assigned to the case concerning Martin O'Boyle. I have included her on this email and she can be reached by phone at 954-831-8472. Thank you, Cindie Pollard 954-831-7911 From: John Passeggiata [mailto:JPasseggiata@gulf-stream.orgl Sent: Thursday, October 22, 2015 9:56 AM To: ADM1 - Cynthia Pollard <CRepici@sao17.state.fl.us> Subject: Executive Assigment Palm Beach Case#15MMM0 Dear Cynthia, Can you please let me know who will be assigned the Palm Beach case on Martin O'Boyle. Thank You, Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: John Passeggiata Sent: Monday, November 16, 2015 9:33 AM To: MTC - Nicole Bloom Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Good morning. When you have a free moment please give me a call, below listed cell. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell From: MTC - Nicole Bloom <NBloom C@saol7.state.fl.us> Sent: Monday, November 9, 2015 3:48 PM To: John Passeggiata Subject: RE: Executive Asignment RE: Case ofMartin O'Boyle Good afternoon, Sgt. Passeggiata. My office has been formally appointed by the Governor to prosecute Mr. O'Boyle. Can you please forward to my attention at the address below the video of the meeting, fire rescue reports, and photographs of the exhibits that O'Boyle attempted to deface as we discussed last week? Thank you and regards, Nicole Bloom Supervising Assistant State Attorney Misdemeanor Trial Unit Office of the State Attorney, 17th Judicial Circuit S.E. 6th Street, Room 730 Fort Lauderdale, FL 33301 954.831.8469 nbloom@saol7.state.fl.us From: John Passeggiata ]mailto:JPasseggiata@gulf-stream.org] Sent: Thursday, October 22, 2015 2:08 PM To: MTC- Nicole Bloom <NBloom @saol7.state.fl.us> Subject: Executive Asignment RE: Case ofMartin O'Boyle Nicole, Please contact me on below listed cell when you have an opportuntity regarding case of Martin O'Boyle. Thank You Sergeant John Passeggiata Gulf Stream Police Department 246 Sea Rd Gulf Steam FL 33483 561-278-8611 Fax 561-276-2528 cell TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 8, 2015 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly note the requestor at the following email address: records@commerce-grottp.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. 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 Martin E. O'Boyle [mail to: records(a,commerce-eroup.coml, The Town of Gulf Stream received your public records request on November 17, 2015. You should be able to view your request at the following link httv://www2.gulf- stream.ore/weblink/O/doc/71451/Pagel.aWx. In future correspondence, please refer to this public records request by the above referenced numbers. There are responsive documents which can be found at the same above link. There was a similar request in which you can find more responsive documents at the following link: htti)://www2.gulf-stream.org/weblink/O/doc/68166/Pagel.asi)x. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records SUPPLEMENTAL RESPONSE TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 23, 2015 Martin O'Boyle [mail to: records@commerce-group.com] Re: GS #2059 (1180) Please provide all records emanating from the incident at the Gulf Stream Town Hall on September 22, 2015 involving Martin O'Boyle. This would include any records in the possession of the Town of Gulf Stream, Robert Sweetapple and Joanne O'Connor. Please note the definition of the "Town of Gulf Stream" below. If any clarification to this Request is necessary, I ask that you kindly notify the requestor at the following email address: records@commerce-group.com. In connection with any communications, they should be addressed as follows: records@commerce- group.com. 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 Martin O'Boyle [mail to: records@commerce-erouo.comlI The Town of Gulf Stream received your original public records request on November 17, 2015. You should be able to view your request at the following link http://www2.zulf- stream.org/weblink/O/doc/71451/Pagel.asi)x. In future correspondence, please refer to this public records request by the above referenced numbers. The supplemental responsive document can be found by going to www.gulf-stream.org. Go to "Find a Town Record", click on "Public Records Requests", click on "2015", click on "Public Record Requests 2015", click on "PRR 15-1994.01". We consider this closed. Sincerely, Town Clerk, Custodian of the Records