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Home My Public Portal AboutPRR 15-2078From: Frank Ranzie [mailto:frank(obdennisroot.coml Sent: Tuesday, December 22, 2015 4:32 PM To: OConnor, Joanne M.; RTaylor(o)qulf-stream.org; JShand(asfblaw.net; michael salnick; wring(ftboylelawfirm.com Subject: Fwd: Discovery Records Request Pursuant to the Discovery Rules (Florida Rule of Criminal Procedure 3.220) Reference Martin 0 Boyle Case 15-1672 Mrs. O'Connor, Records Custodian Thank you for your response. Please consider this a formal Public Records Request. I have sent this request to the town clerk, and defendants attorneys. Please let me know if the town will comply with Florida Chapter 119 and provide the requested information without further delay. See Below Public Records Request: I am requesting the below listed records from an incident that took place on 09/22/2015 at the Town of Gulfstream Clubhouse, 100 Sea Road, Gulfstream, FL 33483. Reference Gulfstream Police Department Case 15-1672. The defendant is Martin O'Boyle. Michael Salnick is his attorney and I am his private investigator. I have attached a copy of the State Attorney's Discovery Exhibit. Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref: Delray Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15-1672: 1. CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD 2. Completed Police Officer Use of Force Report 3. Completed Supervisor Incident Report 4. Department Policy and Procedures related to Use of Force 5. Department Policy and Procedures related to persons injured while in custody and control of police 6. Department Policy and procedures for arrest procedures including Misdemeanor crimes 7. Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons 8. Department Policy and Procedures on handling criminal investigations 9. Department Policy and Procedures on processing crime scenes 10. Department Policy and Procedures on handling witness statements 11. All Emails from Chief Garrett Ward reference incident and or Mr. Martin O'Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 12. All Emails from Sgt Passeggiata reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 13. All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09/22/15 thru 12/15/2015 14. All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasher from 09/22/15 thru 12/15/2015 15. Any and All Photographs taken by law enforcement of the incident scene and the injured party produced in clear color Thank you, Frank P. Ranzie Sent from myiPhone Begin forwarded message: TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 29, 2015 Frank Ranzie [mail to: frank@dennisroot.com] Re: GS #2078 (Discovery Records Request Pursuant to the Discovery Rules) Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref Delray Beach Fire Rescue Call and Town of Gul(stream Police Department Case 15-1672: (1) CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions for assistance, Calls to Dispatch for additional services, Requests for FD (2) Completed Police Officer Use of Force Report (3) Completed Supervisor Incident Report (4) Department Policy and Procedures related to Use of Force (5) Department Policy and Procedures related to persons injured while in custody and control ofpolice (6) Department Policy and procedures for arrest procedures including Misdemeanor crimes (7) Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons (8) Department Policy and Procedures on handling criminal investigations (9) Department Policy and Procedures on processing crime scenes (10) Department Policy and Procedures on handling witness statements (11) All Emails from Chief Garrett Ward reference incident and or Mr. Martin O'Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09122115 thru 1211512015 (12) All Emails from Sgt Passeggiata reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09122115 thru 1211512015 (13) All Emails from Town Mgr William Thrasher reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09122115 thni 1211512015 (14) All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasherfrom 09122115 that 1211512015 (15) Any and All Photographs taken bylaw enforcement of the incident scene and the injured parry produced in clear color Dear Frank Ranzie [mail to: frank(iWennisroot.coml, The Town of Gulf Stream has received your public records request dated December 22, 2015. You should be able to view your original requests at the following link: http://Www2.gulf- stream.org/weblink/O/doc/75461/Pagel.aspx. Please allow this letter to serve as a partial production of your request. For item 1, go to www.gulf-stream.ors, click on "Find a Town Record", click on "Public Records Requests", click on "2015', click on "Public Records Requests 2015', click on "PRR 15-1994-.01". Item 2, there are no such records. Items 3 and 12, click on the following link httv://www2.gulf- stream.org/weblink/O/doc/68166/Pagel.aspx. Items 4-10, please click on the following link h"://www2.gulf- stream.ore/weblink/0/doc/67568/Pa eg 1_astx. Please be advised that 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 further respond to your public records request in a reasonable amount of time with additional production of documents, an estimated cost to respond, or other appropriate response. Sincerely, Town Clerk Custodian of the Records From: Garrett Ward Sent: Wednesday, November 25, 2015 12:50 PM To: John Passeggiata <JPasseggiata@gulf-stream.org> Subject: FW: O'Boyle letter regarding Town Facilities/Services Disability Accessibility/Discrimination From: Marty O'Boyle [mailto:mobovle@commerce-group.coml Sent: Tuesday, November 24, 2015 1:57 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Cc: Rita Taylor <RTavlor@gulf-stream.org>; Garrett Ward <GWard@gulf-stream.org>; Marty O'Boyle <mobovle @commerce-group.co m> Subject: O'Boyle letter regarding Town Facilities/Services Disability Accessibility/Discrimination COMMERCE GROUP mobovle(nRco mmerce-erouo.com Direct Dial Telephone #954.570-3505 November 24, 2015 VIA E-MAIL: bthrasherna,gulf-stream.org And CERTIFIED MAIL NO. 70120470000152206137 RETURN RECEIPT REQUESTED TELEPHONE #561-276-5116 Town of Gulf Stream 100 Sea Road Gulf Stream, FL 33483 Attn: William Thrasher, Town Manager Re: Town Facilities/Services Disability Accessibility/Discrimination. Dear Mr. Thrasher: Although visibly obvious, I suffer from a condition that has affected, inter alia, my ability to walk and maintain balance thus depriving me from major life activities including, without limitation, those contemplated by the American with Disabilities Act ("ADA"). As such I am a qualified individual under the ADA. I have visited your Town Hall on numerous occasions to attend governmental meetings and for other purposes, including, without limitation, to accommodate the Town by attending Depositions and for other purposes; and I intend, in the future to continue such activities, but I have serious concerns regarding my health and safety, certain of which fall under and are protected by the ADA and other Laws (as hereinafter defined). I recognize that the Town has made limited improvements to: (a) one of its public bathrooms (the men's room) by converting it into a unisex bathroom); (b) by installing concrete walks at the rear entrance to the Town Hall, neither of which, in my opinion, are satisfactory to accommodate my condition and the condition of certain other impaired people, as required by the ADA and other Federal or State laws and regulations (the "Laws"), collectively the ("Handicapped Laws"). www.commerce-group.com TEL 954.360.7713 . FA 954.360.0807 1280 WFST NEWPORT CENTER DRm, DEERRELn aEActt, RoRtm 33442 William Thrasher, Town Manager November 24, 2015 Page 2 Further to the above, during one public meeting (which I personally attended and where I witnessed the occurrence) a Gulf Stream resident was kind enough to have his wheelchair bound mother (a "Senior Woman") accompany him and his brother to one of the government meetings which was held at the Town Hall on the February 14, 2014. It was at that meeting (accompanied by two of her offspring) when both the Senior Woman and her offspring were publically humiliated solely because of her visible disabilities. Because of the lack of Sanitary Facilities for the Handicapped and her desire not to be sent to the hospital to utilize the hospital's sanitary facilities, she was forced to relieve herself while in her wheelchair in the Commission Chamber. A sight which I hope to never re -live. The Town, to this day, has not made the proper installations to comply with the ADA and other Laws. Plainly stated, the Town has not gone far enough in remedying its culture of discrimination to the Handicapped. For instance, the Town's entrance ramps (at the rear entrance) that (seemingly) provide access to the Town Hall (at its sole entrance for the certain Handicapped people) is woefully deficient and not in compliance with the ADA regulations and\or the applicable Laws. Further to the above and in addition to the deficient ramps installed at the rear entrance of the Town Hall, it seems clear that the Town has a seemingly pervasive culture of disability discrimination. At the November 13, 2015 Town Meeting when I rose to speak, Mayor Scott Morgan insinuated that I was not in fact disabled, overriding my Doctor's at a top Teaching Hospital in the Northeast. I found his uninformed comments repulsive and outrageous, but consistent with the culture of this small tony Town. A culture (as applies to the Handicapped) which "shocks the conscience." Additionally, Chief Ward scoffed when I stated that it was too difficult to use my walker to navigate the forest of easels to get to the podium when Mayor Morgan pointed out (in a condescending fashion) that I was not using my walker and when I replied, "It is too difficult here." Both the Mayor's and the Chief's actions can only be described as intentional and a slight toward handicapped people; or simply stated people with disabilities. In other words, a clear demonstration of the existence of discrimination within the Town. Indeed, I suspect that this is a continuation of the culture that openly questioned whether the Senior Woman was disabled, when her disabilities were visibly clear. Although the Town prides itself on being "exclusive," it is reprehensible and immoral for the Town to exclude those who are physically challenged from participating in government activities. The Town's comfort in overtly "calling into question" the bona fides of the disabled creates a hostile environment where the disabled must overcome the Town's William Thrasher, Town Manager November 24, 2015 Page 3 manufactured recalcitrance in order for the disabled to participate in public activities. Such "built-in headwinds" to participation are unlawful. The Town knows that they are not in compliance as applies to their public facilities, and despite a multitude of warnings from myself and others, no action has been taken except for smug and sarcastic remarks. In order to remedy the issues at hand, I am directing this letter to the party (or parties); urging such parties to address the issues which are not in compliance with the ADA and\or other Laws. Further to the above, if that party[s] is Town Manager Thrasher, the Mayor, the Commission or some other party in Gulf Stream's governmental structure (the "Gulf Stream Hierarchy") I implore you to immediately address these ever so important issues which affected the disabled including myself. In light of the intentional discrimination by the Gulf Stream Hierarchy, I believe that the Town has been deliberately indifferent to the needs and rights of the disabled. Considering the foregoing, I demand that the Town take a prompt and affirmative action to remedy the problems at hand as they affect the disabled, the handicapped, the ADA and other relevant Laws. The Town has a number of services or activities that I would enjoy utilizing, however the barriers that exist prevent from doing so. As I see it, the situation in the preceding sentence is nothing more than a sign of the arrogance and reluctance to expend the necessary funds for compliance. This is particularly disturbing when one realizes that the residents of Gulf Stream have made this tony Town in Palm Beach County the eleventh wealthiest Town in America. Although I could point out other deficiencies of interest, the Town is mandated by its comprehensive land use plan to provide beach parking and access from Town Hall. As a result, access to the Beach from the Town Hall seems appropriate but is non-existent preventing myself and other disabled folks from participating in such recreational splendor; or saying it differently, it is nearly impossible for the ambulatory challenged to access the beach from the designated parking which is supposed to exist at the Town Hall'. There are no sidewalks, no ramps, no stop signs or stop lights that afford safe transit both in crossing Al A, not to mention the extreme difficulty (if not impossible task) to enter the Beach. In this connection, I ask the Town to do that which is necessary to allow myself and other disabled people to provide accessibility to the beach as required by the Comprehensive Land Plan, the ADA and other relevant Laws. ' Through the passing of a recent Ordinance even the parking required by the Comprehensive Land Plan has been unreasonably restricted. William Thrasher, Town Manager November 24, 2015 Page 4 Continuing, the Town has a library open to the public which I utilize from time to time. The library is small and difficult to navigate with a walker. Moreover, the Town has barriers which frustrate library access for the disabled. Additionally, the double doors leading into the library do not appear to be in compliance for, inter alia, the reasons stated above. Moving on to other Town structures, the Town Property housing the Town Police Station is chock filled with barriers. Additionally, I query whether the Town's police are adequately trained handle ambulatory -challenged individuals safely, this includes (but is not limited), perfecting an arrest and calling for help or 911 when a handicapped individual is temporarily or permanently incapacitated. Because the Town is subject to Title II of the ADA, I write to alert the Gulf Stream Hierarchy and/or the person capable of making changes, to the many defects which exist. I believe that Town would be acting with deliberative indifference to the rights of the disabled if it does not promptly and properly address these defects. In that regard, let me suggest that the Town promptly and properly perform an audit for accessibility. I trust that the Town, a government entity, will take its obligations to follow the Laws applicable to the disabled seriously. As all of us know, numerous Americans have been afflicted with disabilities and their full integration and participation in society should not be impaired or stymied. Deliberate jeering, insults, or passive aggressive gestures designed at questioning or making fun of individuals with disabilities cannot be tolerated. I trust that this letter will serve as the catalyst to rid the Gulf Stream of its pervasive custom of intentional and (hopefully) unintentional discriminatory practices; and the visible disrespect for the disabled. Sincerely yours, a -0 Z Martin E. O'B yle cc: Rita L. Taylor — E -Mail Chief Garrett Ward — E -Mail P/NPRIUAD/GSADA AY_ 'If q '100, i 1 1'r olot! m -4v m I P. I.p G i ) v OF E 0 a rl TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 19, 2016 Frank Ranzie [mail to: frank@dennisroot.com] Re: GS # 2078 (Discovery Records Request Pursuant to the Discovery Rules) Pursuant to Florida Public Records Law Chapter 119, I am requesting below records Ref Delray Beach Fire Rescue Call and Town of Gulfstream Police Department Case 15- 1672: (1) CAD notes pertaining to law enforcement actions at time of incident. Include any Radio Transmissions far assistance, Calls to Dispatch for additional services, Requests for FD (2) Completed Police Officer Use of Force Report (3) Completed Supervisor Incident Report (4) Department Policy and Procedures related to Use of Force (5) Department Policy and Procedures related to persons injured while in custody and control ofpolice (6) Department Policy and procedures for arrest procedures including Misdemeanor crimes (7) Department Policy and Procedures related to First Responder and Rendering Aid to Injured Persons (8) Department Policy and Procedures on handling criminal investigations (9) Department Policy and Procedures on processing crime scenes (10) Department Policy and Procedures on handling witness statements (11) All Emails from Chief Garrett Ward reference incident and or Mr. Martin O'Boyle to Sgt. Passeggiata, Town Mgr. William Thrasher, Mayor Scott Morgan from 09122115 thru 1211512015 (12) All Emails from Sgt Passeggiata reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Town Mgr. William Thrasher, Mayor Scott Morgan from 09122/15 thnu 1211512015 (13) All Emails from Town Mgr Killiam Thrasher reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Mayor Scott Morgan from 09122115 three 1211512015 (14) All Emails from Mayor Scott Morgan reference incident and or Mr. Martin O'Boyle to Chief Garrett Ward, Sgt. Passeggiata, Town Mgr. William Thrasherfrom 09122115 thru 1211512015 (15) Any and All Photographs taken by law enforcement of the incident scene and the injured partyproduced in clear color Dear Frank Ranzie [mail to: frankaa.dennisroot.com], The Town of Gulf Stream has received your request for clarification dated December 22, 2015. Your original public records request and clarification can be found at the following link hU://www2.gulf-stream.ore/weblink/0/doc/75461/Paeel.asox. Please refer to the referenced number above with any future correspondence. We produced a partial production of your request on December 29, 2015. As to parts 11 & 15, you can find the records at the same above link. We understand these records have previously been provided to Mr. O'Boyle by the State's Attorney. For the remaining parts 13 & 14, no such records exist. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records