HomeMy Public PortalAboutPRR 16-2133From: Cercatore della Verita [mailto:archiverecordbuilder@gmail.com)
Sent: Saturday, March 12, 2016 4:56 PM
To: Sam Zeskind <SZeskind@wsh-law.com>; DAbbott@wsh-law.com; Rita Taylor <RTaylor@gulf-
stream.org>; Scott Morgan <SMorgan@gulf-stream.org>; scottmorgan75@gmail.com; Sandy Brandt
<gscafinsec@gmail.com>; Beau Delafield <beaudelafield@gmail.com>; lalexander@jonesfoster.com;
Robert Sweetapple<rsweetapple@sweetapplelaw.com>; grichman@richmangreer.com
Subject: Second Request for this record -Fwd: GS # 2106 (Request I.D.Number: 0031) and follow up
request
Dear Town Clerk, Custodian of the Records,
I disagree with your assertions made to me in your recent email in which you responded
to the above referenced request, which is forwarded herein for your reference.
You state, "There are no responsive records for this request. Mr. Sweetapple's notes
were solely used by Mr. Sweetapple to refresh his memory and is not a public record of
the Town of Gulf Stream." You further state, "communications between outside
counsels are not public records. " I write you now to bring to your attention why I
disagree with your claims and to give you another opportunity to provide this record. To
wit:
• The public records were paid for with taxpayer money.
The records were created at the request of the Town of Gulf Stream.
The records were recognized by the Mayor as a report made by an agency
attorney.
• The records were created in connection with the transaction of official business
as per FS 119.011(12)
• The records were openly displayed in Town Hall during a public meeting.
The records contained information intended to be disseminated to the
Commission, staff and the public.
Additionally, the records are not exempt per FS 119.071.4.(d)l. because while portions
of the records may reflect a mental impression, conclusion, litigation strategy, or legal
theory of the attorney, the records were prepared for presentation to the commission
and public and not prepared exclusively for civil or criminal litigation.
Please refer to the following Florida Statutes as they pertain to the above points.
119.011(12) "Public records" means 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.
119.0714. (d)1. A public record that was prepared by an agency attorney (including an
attorney employed or retained by the agency or employed or retained by another public
officer or agency to protect or represent the interests of the agency having custody of
the record) or prepared at the attorney's express direction, that reflects a mental
impression, conclusion, litigation strategy, or legal theory of the attorney or the agency,
and that was prepared exclusively for civil or criminal litigation or for adversarial
administrative proceedings, or that was prepared in anticipation of imminent civil or
criminal litigation or imminent adversarial administrative proceedings, is exempt from s.
119.07(1) and s. 24(a), Art. l of the State Constitution until the conclusion of the
litigation or adversarial administrative proceedings. For purposes of capital collateral
litigation as set forth in s. 27.7001, the Attorney General's office is entitled to claim this
exemption for those public records prepared for direct appeal as well as for all capital
collateral litigation after direct appeal until execution of sentence or imposition of a life
sentence.
You further state, "Please allow this response to be responsive for all parties that were
included on the original request." I find this statement curious and request you provide
for my inspection any and all public records of communications between you and
each of the parties that have delegated the responsibility to you to respond on
their behalf. I make this follow up request with the same terms, conditions, references
and admonitions contained in my original request.
Please Direct all responses and communication to Cercatore della Verita at email
address: archiverecordbuilder(a)gmail.com
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
March 18, 2016
Cercatore della Verita [mail to: archiverecordbuilder@gmail.com]
Re: GS # 2133 (communications)
You firrther state, "Please allow this response to be responsive for all parties that were included
on the original request. " I find this statement curious and request you provide for my inspection
any and all public records of communications between you and each of the parties that have
delegated the responsibility to you to respond on their behalf. I make this follow up request with
the same terms, conditions, references and admonitions contained in my original request.
Dear Cercatore della Verita [mail to: archiverecordbuilder(a,,gmail.coml,
The Town of Gulf Stream has received your original record request dated March 12, 2016. Your
original public records request can be found at the following link httn://www2.gulf-
stream.org/weblink/O/doc/83465/Pa e@ l.asyx. Please refer to the referenced number above with
any future correspondence.
Please be advised that no such records exist.
We consider this matter closed.
Sincerely,
Town Clerk, Custodian of the Records