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HomeMy Public PortalAboutPRR 16-2175From: Chris O'Hare[mailto:chrisohareaulfstream@gmail.coml Sent: Monday, May 02, 2016 10:04 AM To: Gary Brandenburg <sary@brandenburgpa.com>; RTaylor@gulf-stream.org; bthrasher@gulf- stream.org Subject: Public Record Request - Brandenburg notes and other records Dear Custodian of Records, I wish to Inspect certain public records for the purpose of Informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. The production of any and all responsive records is therefore urgent and must be acted upon In compliance with Florida Statutes and established case law as soon as possible. If you are not the custodian of the public records described herein please determine who that person is and notify me immediately In order that I may make this request to the appropriate person without delay. In all cases please reference Florida Statutes and appropriate case law when responding to this record request. Please read this entire request carefully and respond accordingly. This email is a singular request for public records through the agency known as of the Town of Gulf Stream. 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. Do NOT produce any records other than records responsive to this request. Please identify by name the person or persons responding to this request. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. NOTE: This is a request for public records in the custody of Special Magistrate Gary Brandenburg ONLY. Please do NOT produce any records in the custody of the Town of Gulf Stream. Limit your response to ONLY records In Mr. Brandenburg's custody. As background to this record request I call your attention to the many notes Mr. Brandenburg was observed (and videotaped) writing during the multiple hearings in the Code Enforcement criminal prosecution against Town resident Chris O'Hare which is known as Town of Gulf Stream CE 15/1. These records were created by Mr. Brandenburg as part of his official duties as the Town's Special Magistrate. These activities by Mr. Brandenburg were paid for with public tax money. These records are part of the CE 15/1 proceeding. I wish to inspect all notes and any other records (as defined by Florida Statute) of these proceedings created by Mr. Brandenburg (either during the proceedings or around the time of the proceedings) that have not as yet been shared with, copied to, or provided to, Chris O'Hare or his attorneys. 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 6119.07(1)(f) of the Florida Statutes. Please take note of 6119.07(11(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 5119.01(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)1(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 produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. 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. The phrase Town of Gulf Stream used herein refers to the Town in its entirety including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. The term public records used herein has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its stead provide the disposition record for my inspection. 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: chrisoharea ulfstreama)amail.com On Mon, May 2, 2016 at 11:46 AM, Gary Brandenburg <gary(c brandenburepa.com> wrote: Mr. O'Hare; The personal notes of a Special Magistrate taken during a hearing that is recorded and which you could obtain a verbatim transcript are not public records. These items will not be produced. Thank you Gary Brandenburg, Esq. Brandenburg & Associates, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 (561)799-1414 (561) 371-1824 (cell) (561) 758-7496 (Sandy cell) Gary@BrandenburgPA.com From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, May 02, 2016 12:20 PM To: gary@brandenburgpa.com; Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf- stream.org> Subject: Re: Public Record Request - Brandenburg notes and other records Dear Mr. Brandenburg, Thank you for your prompt response. I asked you for certain records created in your official capacity as a Special Magistrate for the Town of Gulf Stream. You replied, "The personal notes of a Special Magistrate taken during a hearing that is recorded and which you could obtain a verbatim transcript are not public records. These items will not be produced. " Mr. Brandenburg, the existence of records I seek to inspect were recorded on videotape but the content of the records was not and the records were NOT part of a "verbatim transcript" as you claim. The records I seek to inspect ARE public records. I expect they memorialize and record items and thoughts significant to the proceedings of CE 15-1. If, as you claim, they are exempt from inspection then please refer to the following Florida Statutes: Florida Statute 119.07 - Inspection and copying of records; photographing public records; fees; exemptions.— (e) If the person who has custody of a public record contends that all or part of the record is exempt from inspection and copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute. (f) If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. (g) In any civil action in which an exemption to this section is asserted, if the exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), the public record or part thereof in question shall be submitted to the court for an inspection in camera. If an exemption is alleged to exist under or by virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. If the court finds that the asserted exemption is not applicable, it shall order the public record or part thereof in question to be immediately produced for inspection or copying as requested by the person seeking such access. (h) Even if an assertion is made by the custodian of public records that a requested record is not a public record subject to public inspection or copying under this subsection, the requested record shall, nevertheless, not be disposed of for a period of 30 days after the date on which a written request to inspect or copy the record was served on or otherwise made to the custodian of public records by the person seeking access to the record. If a civil action is instituted within the 30 -day period to enforce the provisions of this section with respect to the requested record, the custodian of public records may not dispose of the record except by order of a court of competent jurisdiction after notice to all affected parties. (i) The absence of a civil action instituted for the purpose stated in paragraph (g) does not relieve the custodian of public records of the duty to maintain the record as a public record if the record is in fact a public record subject to public inspection and copying under this subsection and does not otherwise excuse or exonerate the custodian of public records from any unauthorized or unlawful disposition of such record. Mr. Brandenburg, you are an agent of a municipal agency; you are under contract to the Town of Gulf Stream; your services are paid for with public money and therefore subject to all the regulations of Florida statute chapter 119. 1 respectfully ask you to comply promptly, diligently and earnestly with this regulation. I expect you to make a good faith effort to produce public records responsive to this request as required by law. As I previously wrote you, the records I wish to inspect may be material to current, anticipated or presently unforeseen legal action. I am therefore in a hurry to inspect them. As a courtesy to you I am asking a second time to inspect these records. May I hear from you soon? Sincerely, Chris O'Hare On Mon, May 2, 2016 at 2:08 PM, Gary Brandenburg <garyCcDbrandenburena.com> wrote: Mr. O'Hare; My personal notes which are for my use only, are not prepared to communicate perpetuate or formalize knowledge and are not public records Please see, Orange County v. Florida Land Company 450 so.2d 273 Gary Brandenburg, Esq. Brandenburg & Associates, P.A. 11891 U.S. Highway One, Suite 100 North Palm Beach, FL 33408 (561)799-1414 (561) 371-1824 (cell) (561) 758-7496 (Sandy cell) Gary@Brandenbur¢PA.com From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Monday, May 02, 2016 5:18 PM To: gary@brandenburgpa.com; Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf- stream.org> Subject: Re: Public Record Request - Brandenburg notes and other records Mr. Brandenburg, Thank you for your continued response to my ongoing request to inspect this public record. I note the case you cited from 1984. But I did not receive from you the statutory citation to an exemption created or afforded by statute that would allow you not to produce this record for my inspection. Your only reason for denying me the opportunity to inspect these public records is that you claim they are not public records at all. I respectfully call your attention to Florida Statute Section 119.011 (1), which defines "public records" as: [A]ll documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. Or more simple put: [A]ll...material...made... in connection with the transaction of official business by any agency. You claim the records I seek to inspect are not public records because they are "personal notes which are for (your) use only and are not prepared to communicate perpetuate or formalize knowledge. " I, however, believe your notes are "material... made... in connection with the transaction of official business" of the Town of Gulf Stream and were indeed created to communicate perpetuate or formalize knowledge. Even if that knowledge was intended to be later communicated only to yourself, your assistant, your associates or anyone else. Given the purported distinctions you claim to exist between your citation from 1984 and the Florida Legislatures clear intention as written in Florida Statute Section 119.011 (1), 1 choose to give more credence to the Florida Legislature. I ask you again, may I inspect this record? As I previously wrote you twice, the records I wish to inspect may be material to current, anticipated or presently unforeseen legal action. I am therefore in a hurry to inspect them. May I hear from you soon? Sincerely, Chris O'Hare From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, May 09, 2016 8:57 PM To: gary@brandenburgpa.com; Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf- stream.org> Subject: Re: Public Record Request - Brandenburg notes and other records Mr. Brandenburg, It is seven days since I wrote you and asked you again to produce this public record for my inspection. May I hear from you soon? Chris O'Hare TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 12, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2175 (Brandenburg notes and other records) As background to this record request I call your attention to the many notes Mr. Brandenburg was observed (and videotaped) writing during the multiple hearings in the Code Enforcement criminal prosecution against Town resident Chris O'Hare which is known as Town of GiulfStream CE 15/1. These records were created by Mr. Brandenburg as part ofhis official duties as the Town's Special Magistrate. (Amended 5/12/16 - I wish to inspect all notes and any other records (as defined by Florida Statute) of these proceedings created by Mr. Brandenburg (either during the proceedings or around the time of the proceedings) that have not as yet been shared with, copied to, or provided to, Chris O'Hare or his attorneys. I expect records responsive to my request whereat onetime in the custody of Mr. Brandenburg but may now be in your custody.) Dear Chris O'Hare [mail to: chrisoharegulfstream(a),¢mail.coml, The Town of Gulf Stream has received your original record request dated May 2, 2016. Your original public records request can be found at the following link http://www2.eulf- stream.ore/weblink/O/doc/90363/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. Aside the two responses that Mr. Brandenburg gave you on May 2, 2016, the Town has no further records that could be responsive to this request. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records