HomeMy Public PortalAboutPRR 16-2171On Apr 29, 2016, at 7:28 AM, Chris O'Hare <chrisoharegulfstream a ginail.com> wrote:
Dear Custodian of Records,
Please read this entire request carefully and respond accordingly.
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.
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 cannot find the records I wish to
examine.
NOTE: This is a request for public records in the custody of Special Maqistrate Gary
Brandenburg ONLY. Please do NOT produce any records in the custodv 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 attached Special
Magistrate Order CASE NO. 15-1 which was signed by Mr. Gary Brandenburg on
March 22, 2016. Specifically paragraph 3 on page 5 in which Brandenburg writes:
Although it has been thoroughly argued and decided in previous litigation
what type of tile must be used on Respondent's house;
Please produce any record in the custody of Gary Brandenburg that supports this
statement, or any record Brandenburg reviewed, referenced or relied upon in
order to conclude, "it has been thoroughly argued and decided in previous
litigation what type of the must be used on respondent's house."
Another way of describing the record I wish to inspect, that may clarify but does
not replace my previous description, is: What record did Brandenburg have
knowledge of that caused him to confidently write, "Although it has been
thoroughly argued and decided in previous litigation what type of the must be
used on Respondent's house;"
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 §i119.07(1)(f) of the Florida Statutes.
Please take note of §119.07(1)(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 §119.07(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(aDgmail.com
On Fri, Apr 29, 2016 at 1:10 PM, Gary Brandenburg <Qarv(@,,brandenburena.com> wrote:
Mr. O'Hare;
The city clerk has all the exhibits from the hearing. If you would like to review them please
contact her.
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Friday, April 29, 2016 5:49 PM
To: Gary Brandenburg <gary@brandenburgpa.com>
Cc: Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-stream.org>;
JRandolph@jonesfoster.com
Subject: Re: Public Record Request - brandenburg - previous litigation
Dear Mr. Brandenburg,
Thank you for your prompt response.
I am well aware the clerk has all the exhibits from the hearing; that is NOT what I
requested to inspect. Evidently you did not read my request very carefully. If you had
you would quickly recognize how unresponsive your email is.
I am writing you again as a courtesy. I suggest you respond either one of four ways (or
more if you can think of any other appropriate ones):
1. 1 do not have the record you request. I once had it but it is now located at fill
in the blank
2. 1 do not have the record you request. I never had it. It never existed.
3. 1 have the record but you can't inspect it because it is exempt according
to fill in the blank
4. 1 have the record you request; here it is.
Mr. Brandenburg, you are an agent of a municipal agency, under contract for 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. May I hear from you soon?
Sincerely,
Chris O'Hare
11:1
3
AM
Gary Brandenburg via bran denburEpa.onmicrosoft.com (1
hour
ago)
to me, rtaylor, bthrasher, JRandolph
Mr. O'Hare;
Thank you for the very useful clarification.
I do not have any records in my custody that fall within the meaning of your
request.
As I indicated in my last email to you, all evidence and exhibits from the
trial are in the possession of the Clerk of the City.
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)
Garv@BrandenburgPA.com
From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com]
Sent: Monday, May 02, 2016 12:41 PM
To: gary@brandenburgpa.com; Rita Taylor <RTaylor@gulf-stream.org>; Bill Thrasher <bthrasher@gulf-
stream.org>
Subject: Re: Public Record Request - Brandenburg - previous litigation
Mr. Brandenburg,
I remind you that I requested to inspect any record in your custody that supports the
statement in your Order, "it has been thoroughly argued and decided in previous
litigation what type of tile must be used on respondent's house. "or any record
you reviewed, referenced or relied upon in order to reach that conclusion.
I clarified that request both in my original request and my subsequent email to you.
You most recently responded, " I do not have any records in my custody that fall within
the meaning of your request. As I indicated in my last email to you, all evidence and
exhibits from the trial are in the possession of the Clerk of the City."
Mr. Brandenburg, I searched all evidence and exhibits from the trial in the possession of
the Clerk of the City and I cannot find such a record. According to my limited
understanding of the law I believe your Order must be based on evidence presented at
the hearing for due process to be served.
Therefore I again ask to inspect the public records that you reviewed, referenced or
relied upon to write in your Order, "it has been thoroughly argued and decided in
previous litigation what type of tile must be used on respondent's house."
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 third time to inspect these records. May I hear from you soon?
Sincerely,
Chris O'Hare