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