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Home My Public Portal AboutPRR 15-2085From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Thursday, December 31, 2015 1:59 PM To: bthrasher@gulf-stream.org.didtheyreadit.com; Bill Thrasher<bthrasher@gulf-stream.org>; RTaylor@gulf-stream.org.didtheyreadit.com; Rita Taylor <RTaylor@gulf-stream.org> Subject: Public Record Request duces tecum - tobias 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. The production of this request should be a simple matter since all responsive documents have recently been identified, collected and assembled in preparation for distribution this past December 4, 2015 at the Code Enforcement hearing, Town of Gulf Stream v. O'Hare. The records I wish to inspect were subpoenaed as duces tecum for the Town of Gulf Stream's Building Official to produce on December 4th. I have attempted to obtain access to these records from the Town's agency partner, the City of Delray Beach. Those efforts and the City's responses are forwarded herein for your reference. The City apparently is insufficiently familiar with Florida Statute 119 and has so far not produced the records. I am writing you to request to inspect these records because they are records in the custody of the Town's Building Official, the records were assembled as part of the Town's Code Enforcement hearing and they are records, as defined by FS 119, of both the Town and the Town's partner agency. Please note that any delay in the production of these records which subsequently delays my inspecting these records is unacceptable and is frustrating my efforts to prepare an adequate defense for the upcoming continuation of my Code Enforcement hearing. I request you provide for my inspection the public record which is: The documents assembled in response to a Notice of duces tecum which was attached to the subpoena of Steve Tobias and which was to be submitted to the defense during the December 4th code enforcement hearing for alleged violations at 2520 Avenue Au Soleil, Gulf Stream FL. 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 §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(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 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 §119.01(2)(f), 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 §119.07(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: chrisoharegulfstream(a)gmaii.com From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Saturday, January 2, 2016 8:53 AM To: bthrasher@gulf-stream.org.didtheyreadit.com; Bill Thrasher <bthrasher@gulf-stream.org>; RTaylor@gulf-stream.org.didtheyreadit.com; Rita Taylor <RTaylor@gulf-stream.org> Subject: Re: Public Record Request duces tecum - tobias Dear Custodian of Records, I have been informed that the records that are the subject of this request have been prepared for my inspection at the City of Delray Beach, your administrative partner. I intend to inspect these records on Monday. If the City of Delray Beach has indeed produced the responsive records I will no longer be requesting their production from you. Thank you for your attention to this matter. Chris O'Hare TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 8, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2085 (duces tecum - tobias) The documents assembled in response to a Notice of duces tecum which was attached to the subpoena of Steve Tobias and which was to be submitted to the defense during the December 4th code enforcement hearing for alleged violations at 2520 Avenue An Soleil, Gtdf Stream FL. Dear Chris O'Hare [mail to: chrisohareeulfstream(a),email.coml, The Town of Gulf Stream has received your public records requests dated December 31, 2015. The original public record request can be found at the following link: htti)://www2.gulf- stream.ore/weblink/O/doc/75682/Pagel.aVxx. 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 27, 2016 Chris O'Hare [Mail to: chrisoharegulfstream@gmail.com] Re: GS #2085 (duces tecum - tobias) The documents assembled in response to a Notice of duces tecum which was attached to the subpoena of Steve Tobias and which was to be submitted to the defense during the December 4th code enforcement hearingfor alleged violations at 2520Avemre Au Soleil, GulfStream FL. Dear Chris O'Hare [Mail to: chrisoharegulfstreamCa,,email.coml, The Town of Gulf Stream received your public record request on December 31, 2015. Your request can be found at the following link: htto://www2.eulf- stream.ore/weblink/O/doc/75682/Pagel.aWxx. In future correspondence, please refer to this public records request by the above referenced number. You indicated in an email on January 2, 2016 that you would be going to the City of Delray Beach to review the records there and would inform the Town of Gulf Stream if you needed this request to be fulfilled after you inspected those documents. We have yet to hear from you regarding this. Please let us know if you are wanting us to proceed on this request. If we do not hear from you within 30 days of this letter, we will consider this matter closed Respectfully, Town Clerk Custodian of the Records