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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