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Home My Public Portal AboutPRR 16-2176From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Thursday, May 05, 2016 10:17 PM To: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org> Subject: Public record request - police computer hard drive - Ginsburg Dear Custodian of Records, I request to inspect certain public records for the purpose of informing myself of information I believe may be material to ongoing judicial action. As background to this request allow me to explain that I have made several unsuccessful attempts in the past to inspect records that would reveal the serial number of the computer and the hard drive in that particular computer that was used by Officer David Ginsburg to create his incident report in which he documents his uninvited entry into the surrounding curtilage and interior of the home at 2520 Avenue Au Soleil on October 28, 2011. 1 sought to inspect these records in order to determine which computer and hard drive was used and the present location of that computer and hard drive. I wanted to inspect the contents of that hard drive to determine the actual date the incident report was written and if any draft versions of this particular report had been created and /or deleted, modified, revised or edited. I am writing once more in another attempt to inspect these records. In order to clarify my request and hopefully thereby increase the chances that you will be sufficiently compelled to produce this record I ask to inspect the following public record: The contents of the hard drive of the computer used by Officer David Ginsberg to create any version of his incident reportt regarding his visit to 2520 Avenue Au Soleil or 2516 Avenue Au Soleil on October 28, 2011. The identity of all computers and hard drives used by the Police Department during the period of time between October 28, 2011 and October 28, 2012. The identity of the software used by Officer Ginsburg to create this report. Any record located on the Town's computer server of this report. I understand my inspection of this hard drive may require extensive labor for the deletion of privileged and confidential information. I request you identify the hard drive and provide an estimate for the cost of redacting this information on this particular hard drive. I request to inspect this hard drive regardless of any assumption by you of its responsive contents. This hard drive is a public record as defined by Florida Statute and the non exempt portions of this hard drive MUST be made available for inspection. Again, I tell you the records I request to inspect may be material to current, anticipated or yet to be determined legal action. The production of this record is urgent and must be acted upon in compliance with Florida Statutes and established case law. Please reference Florida Statute and appropriate case law when responding to this request. 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 4119.07(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 §119.070)(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 §119.01(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 §1 1 9.07(4)(a)3.(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: chrisoharegulfstream(ai)gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 6, 2016 Chris O'Hare [Mail to: chrisoharegulfstreamPgmailxom ] Re: GS #2176 (police computer hard drive - Ginsburg) (1) The contents of the hard drive of the computer used by Officer David Ginsberg to create any version of his incident report regarding his visit to 1510 Avenue Au Soleil or 1516 Avenue Au Soleil on October 28, 1011. (2) The identity of all computers and hard drives used by the Police Department during the period of time between October 18, 2011 and October 28, 2012. (3) The identity of the software used by Officer Ginsburg to create this report. (4) Any record located on the Town's computer server of this report. I understand my inspection of this hard drive may require extensive labor for the deletion ofprivileged and confidential information. I request you identify the hard drive and provide an estimate for the cost of redacting this information on this particular hard drive. I request to inspect this hard drive regardless of any assumption by you of its responsive contents. This hard drive is a public record as defined by Florida Statute and the non exempt portions of this hard drive MUST be made available for inspection. Dear Chris O'Hare [Mail to: chrisoharegulfstreamCdDgmail.com ], Thank you for your correspondence that the Town received on May 5, 2016. Your request can be found at the following link: http://www2.gulf-stream.org/weblink/0/doc/90516/Pagel.aspx. Pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to or copies of public records at a reasonable time in reasonable conditions but only after receiving required payments. The Town of Gulf Stream is not required to give out information from these records nor give information about these records. Items (2) and (3) of your request seek information and not records and therefore do not require a response. As a matter of courtesy, the Town nevertheless responds that, as the Town's outside counsel previously advised your counsel, Louis Roeder, back in July 2015, the software used to create the report at issue was FileMaker Pro. Item (4) of your request seeks any record on the Town's computer server of the October 28, 2011 report. The Town understands your request to seek any record or metadata on the Town's computer server that would reflect the original creation or any subsequent modification of the underlying report, not a subsequent record of an exported PDF version of that report, i.e., created in response to prior public records requests of yours. To the extent that you seek the former, there are no responsive records. To the extent that you seek the latter, please clarify and we will provide an estimate. Item (1) of your request seeks the "contents of the hard drive" of a computer used by the Town Police Department. You then go on to note that extensive labor would be required to redact privileged and confidential information in such a hard drive. Notably absent from your request is any identification of a specific public records that you seek. If you have specific records to request, please identify those records with sufficient specificity to permit us to identify that record(s). To the extent that the Town has not correctly understood any part of 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 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail July 13, 2016 Chris O'Hare [mail to: chrisohareeulfstream(a,email.coml Re: GS# 2176 (police computer hard drive - Ginsburg) (1) The contents of the hard drive of the computer used by Officer David Ginsberg to create any version of his incident report regarding his visit to 2510 Avenue Au Soleil or 2516 Avenue Au Soleil on October 28, 2011. (2) The identity of all computers and hard drives used by the Police Department during the period of time between October 28, 2011 and October 28, 2012. (3) The identity of the software used by Officer Ginsburg to create this report. (4) Any record located on the Town's computer server of this report. I understand my inspection of this hard drive may require extensive labor for the deletion of privileged and confidential information. I request you identify the hard drive and provide an estimate for the cost of redacting this information on this particular hard drive. I request to inspect this hard drive regardless of any assumption by you of its responsive contents. This hard drive is a public record as defined by Florida Statute and the non exempt portions of this hard drive MUST be made available for inspection. Dear Chris O'Hare [mail to: chrisohareeulfstreamaa gmail.coml, The Town of Gulf Stream has received your original record requests dated May 5, 2016. Your original public records request can be found at the following link http://www2.gulf- stream.org/weblink/O/doc/90516/Pagel.asox. Please refer to the referenced number above with any future correspondence. Please allow this response to be responsive for all parties. The Town has received the supplement to your public records requested dated July 6, 2016. As the Town previously advised you on July 27, 2015 in response to a prior public records request GS #1894 and as the Town's counsel has previously advised your counsel, Louis Roeder, Esq., also in July 2015, there are no original electronic records or metadata that would reflect when the incident report dated October 28, 2011 was first drafted or any subsequent revisions. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records