HomeMy Public PortalAboutPRR 16-2155From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.com]
Sent: Friday, April 08, 2016 10:11 AM
To: OConnor, Joanne M. <JOConnor@jonesfoster.com>; Bill Thrasher <bthrasher@gulf-stream.org>
Cc: Jonathan O'Boyle <joboyle@oboylelawfirm.com>; 'Ken Drake' <kendrake@dldlawyers.com>
Subject: Request Ganger Coastal Star
Chapter 119, Fla. Const. Common Law RTK request for the public
records surrounding Ganger's March 30, 2016 article in Coastal
Star entitled: Local Voices: Careful public records safeguards needed
Available at http://thecoastaistar.com/profiles/blocs/local-voices-careful-public-records-safeeuards-
needed
To aid in production, I assume emails, texts, and social media posts, ect.... and drafts of the record in
electronic form are all that exist. If not, I would be surprised but I think that this is a real easy one.
Also, does Ganger ever use an official Gulf Stream email address?
Thanks — if you have a reason for withholding under the common law, let me know and I will proffer an
interest in the documents. Please use this email and I would appreciate a followup with a production
date commitment or estimated date of production.
Jonathan O'Boyle, Esq., I.I.M.
Licensed In Pennsylvania*
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via a -mail
April 11, 2016
Jonathan O'Boyle [Mail to: iobovlena.oboylelawfirm.coml
Re: GS #2155 (Ganger Coastal Star)
Chapter 119, Fla. Const. Common Law RTK request for the public records surrounding
Ganger's March 30, 2016 article in Coastal Star entitled. Local Voices: Careful public records
safeguards needed. Available at http://thecoastalstar.conVprofileslblogs/local-voices-carefid-
public-records-safegoiards-needed. To aid in production, I assume emails, texts, and social
media posts, ect.... and drafts of the record in electronic form are all that exist. If not, I would
be surprised but I think that this is a real easy one. Also, does Ganger ever use an official Gulf
Stream email address? Thanks — if you have a reason for withholding under the common law, let
me know and 1 will proffer an interest in the documents. Please use this email and I would
appreciate a followup with a production date commitment or estimated date ofproduction.
Dear Jonathan O'Boyle [Mail to: iobovlena,obovlelawfirm.coml,
The Town of Gulf Stream received your public record request on April 8, 2016. Your request can
be found at the following link: htty://www2.Lulf-stream.ore/weblink/0/doc/88247/Pagel.aMxx.
In future correspondence, please refer to this public records request by the above referenced
number.
Your request for the public records "surrounding" the referenced article fails to sufficiently
specify the records that you seek. We understand your request to seek the referenced article in
electronic format and to seek all public record communications that relate to the drafting of the
article, by which drafts were exchanged or by which the article was transmitted to third parties.
The only records responsive to that request are attached. The Town further responds that any
drafts of the article not used to communicate official Town business are not public records and,
even if they were, there are no such drafts.
Mr. Ganger does have an official Town email address. That email, as well as all the other
Commissioner's email addresses, can be found here: httv://www.gulf-stream.org/contact/town-
contact/.
To the extent that the Town has not correctly understood your request, we invite you to clarify
the public records that you seek with more specificity. If we do not hear back from you within
30 days of this letter, we will consider this closed.
Respectfully,
Town Clerk, Custodian of the Records
Kelly Avery
From: rwganger <rwganger@bellsouth.net>
Sent: Monday, April 11, 2016 9:27 AM
To: Kelly Avery
Subject: Fw: April Star
Attachments: OPEN GOVERNMENT UNDER ATTACK.doc
On Tuesday, March 22, 2016 2:09 PM, rwganger <rwganger@bellsouth.net> wrote:
MKL,
While the subject of this email sounds like the name of a Las Vegas show girl, attached is a POV on the failed Public Records bill. I am
in all day tomorrow if you would like to discuss.
B
Two days after the Florida Legislature completed the 2016 Session, a Sun Sentinel editorial headlined
"OPEN GOVERNMENT UNDER ATTACK", indirectly referred to a failed bill that attempted to address
abuse of the Public Records Act by a cottage industry of scam artists who have conspired to fleece
Florida taxpayers of many millions of dollars. With some irony, the Florida Press Association had worked
with bill sponsors to craft language to assure that only abusers of open government laws were targeted,
and not the press or ordinary citizens. Perhaps someone missed the memo.
The alleged Public Records Scheme is virtually fool -proof. It starts with the Sunshine Law that grants
citizens and the press unfettered access to the inner workings of taxpayer funded public agencies
(municipalities, school boards, law enforcement, et al). When requested records are not produced in a
timely fashion, the requestor has a right to sue the agency. If the court finds that the request was
actually denied, attorney fees must be awarded to plaintiff. Sounds reasonable. Except that hustlers
have figured out how to game the system, either by overwhelming the agency with excessive requests,
or by rigging the requests in a manner that makes it impossible to comply. Quick money is made by
threatening or actually filing a lawsuit; then offering a settlement for a fraction of trial costs. The victim
is in a lose/lose situation. Most settle, and the taxpayer foots the bill.
The Florida League of Cities, representing all 410 state municipalities, got wind of the scam several
years ago. In establishing priorities for the 2016 Legislative Session, confronting abuse of the Public
Records Act was the top choice of League policy makers. This writer, a FLOC committee delegate from
the Town of Gulf Stream, was in the unenviable position of defining the problem that legislation needed
to solve. Our tiny town endured 2500 public records requests in 18 months, overwhelming a four -
person administrative staff. Over 40 compliance lawsuits have been filed, some within hours of receipt
of the request. Town annual legal costs escalated from $25,000 to $lmillion. Almost 5000 annual man-
hours were spent processing records requests. Sadly, the Gulf Stream situation was neither unique nor
more repulsive than the experience of similar agencies throughout the State. One mayor stated "we are
facing an epidemic".
Representative Greg Steube and Senator Rene Garcia agreed to sponsor Public Records reform bills. The
mechanics of crafting bill language; assigning and coordinating 6 required Committee reviews; educating
and motivating 160 legislators; appearing at Hearings and amending language as needed, is a daunting
task. League lobbyists coordinated the effort, and elected officials throughout the state personally
testified in support of conscientious efforts to give courts discretion to withhold attorney fees from
frivolous litigants. Florida Tax Watch, a respected watchdog whose research on government waste is
based upon access to public records, filed a report asking Legislators to support sensible reform.
The proposed bills passed all Committee Hearings almost unanimously. During testimony, the most
ardent defenders of the Public Records Act acknowledged the damage caused by abusive practice,
calling the perpetrators "cockroaches" and "Gotcha Guys". The Florida Press Association and First
Amendment Foundation worked with Senator Garcia to amend bill language so as not to impose a
chilling effect on legitimate exercise of open government rights.
Apparently, one influential member of the House (who is a Public Records attorney) , was not
convinced. Rather than put SB 1220 to a vote on the House floor where it was certain to pass, the bill
was buried. However, the genie is now out of the bottle. We'll be back in 2017.
Robert W. Ganger
Vice Mayor, Town of Gulf Stream