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HomeMy Public PortalAboutPRR 15-2061From: Chris O'Hare(mailto:chrisoharegulfstream@gmail.com) Sent: Thursday, November 19, 2015 11:27 AM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public Record Request - financial disclosure - TA, MM and CG 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 to this request. 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: Most recent financial disclosure filed by Town Attorney, Mayor Morgan and Commissioner Ganger. 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 U 19.07(1)(e) 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 $119.07(1)(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 determinefrom other officers or employees within the agency whether such a record exists and, ifso, 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 orieinal electronic format in which they were created or received. See O 119.01(2)(fl. 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. 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 provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records 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: clirisohareeulfstream(a email.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 24, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2061 (financial disclosure - TA, MM and CG) Most recent financial disclosure filed by Town Attorney, Mayor Morgan and Commissioner Ganger Dear Chris O'Hare [mail to: chrisohareeulfstream(o)gtnail.coml, The Town of Gulf Stream has received your public records requests dated November 19, 2015. The original public record request can be found at the following link: htto://www2.culf- stream.ore/weblink/O/doc/73177/Pagel.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 From: Chris O'Hare<chrisoharegulfstream@gmail.com> Sent: Tuesday, December 22, 2015 5:24 PM To: Bill Thrasher Subject: 2nd request for same records - Re: GS #2061 (financial disclosure - TA, MM and CG) Dear Custodian of Records, Thank you for responding to my record request. I find your response to be very puzzling. You write: The Town responds that the Statement of Financial disclosures tiled by the Town Attorney, Mayor Morgan, and Commissioner Ganger with the Supervisor of Elections are not public records of the Town of Gulf Stream. Therefore, the Town has no such records that are responsive to this request. I remind you that Florida Statutel 19.11(12) defines a public record to mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. I consider these financial disclosures to be documents made pursuant to law in connection with the transaction of official business by members of your agency. Do you disagree? I also note that Ms. Rita Taylor, Town Clerk and sometimes acting Town Manager is also known as the Financial Disclosure Coordinator. Do you still insist these records are not public records of the Town of Gulf Stream? In addition, you have many public records which are created to be filed with an outside agency. I call your attention to the Town's Comprehensive Land Use Plan. Despite it being filed with the State it is still a public record of the Town. There are numerous other examples of which I am sure you are no doubt aware. Please provide these records for my inspection. c h ri soh areRu l fst ream ( em a i l. c o m On Tue, Dec 22, 2015 at 10:34 AM, Bill Thrasher <bthrasher(&gulf-stream.ore> wrote: Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business are public records available to the public upon request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 22, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2061 (financial disclosure - TA, MM and CG) Most recent financial disclosure filed by Town Attorney, Mayor Morgan and Commissioner Ganger Dear Chris O'Hare [mail to: chrisohareeulfstream(a)gmail.coml, The Town of Gulf Stream has received your public records request dated November 19, 2015. Your original public records request can be found at the following link htto://www2.gulf- stream.org/weblink/O/doc/73177/Pagel.aWxx. Please refer to the referenced number above with any future correspondence. The Town responds that the Statement of Financial disclosures filed by the Town Attorney, Mayor Morgan, and Commissioner Ganger with the Supervisor of Elections are not public records of the Town of Gulf Stream. Therefore, the Town has no such records that are responsive to this request. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records