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HomeMy Public PortalAboutPRR 16-2180From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Friday, May 13, 2016 10:53 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: Fwd: Public record request - financial disclosure of 3 town attys ---------- Forwarded message ---------- From: Chris O'Hare<chrisohareeulfstream(@gmail.com> Date: Fri, May 13, 2016 at 10:51 PM Subject: Public record request - financial disclosure of 3 town attys To: btlirasheragulf-stream.ore.didtlieyreadit.com, RTaylorogulf-stream.org.didtheyreadit.com gulf-stream.ore.didtheyreadit.com Dear Custodian of Records, I request 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. If the record I seek is in the custody of an entity under contract with your agency please contact that entity, inform them of their obligations under Florida Statute 119 and produce responsive records in their custody. 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. As background to the request I call your attention to portions of Florida Statute 112.3145, Disclosure of financial interests and clients represented before agencies. Particularly sections: 112.3145(1) For puuposes of this section, unless the contest otherwise requires, the terns: (a) "Local officer" means: 3. Any person holding nine or nnore of tlne following positions:... municipal attorney, 112.3145(2)(6) Each ... local officer... shall file a statement of financial interests no later than July 1 of each year. Each ... local officer who is appointed .. shall file a statement of financial interests within 30 days fronn the date of appointment... I request to inspect the two most recently filed statements of financial interest in addition to the statement of financial interest filed within 30 days of appointment for each of the following Town Attorneys: Mr. John Skip Randolph Mr. Tom Baird Ms. Joanne O'Connor 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 §119.07(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@gmail.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 17, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2180 (financial disclosure of 3 town attys) As background to the request I call your attention to portions of Florida Statute 112.3145, Disclosure offunancial interests and clients represented before agencies. Particularly sections: 112.3145(1) For purposes of this section, unless the context otherwise requires, the term: (a) "Local officer" means: 3. Any person holding one or more of the following positions:... municipal attorney; ...112.3145(2)(b) Each ... local officer ...shall file a statement of financial interests no later than July 1 of each year. Each ... local officer who is appointed... shall file a statement of financial interests within 30 days from the date of appointment...) request to inspect the two most recentlyfiled statements offnancial interest in addition to the statement offinancial interest fled within 30 days of appointment for each of the following Town Attorneys: • Mr. John Skip Randolph • Mr. Tom Baird • Ms. Joanne O'Connor Dear Chris O'Hare [mail to: chrisohareeulfstream(7a,email.coml, The Town of Gulf Stream has received your public records requests dated May 13, 2016. The original public record request can be found at the following links hft://www2.eulf- stream.ore/weblink/O/doe/90659/Pagel.asyx. Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 25, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2180 (financial disclosure of 3 town attys) As background to the request I call your attention to portions of Florida Statute 112.3145, Disclosure offnancial interests and clients represented before agencies. Particularly sections: 112.3145(1) For purposes of this section, unless the context otherwise requires, the term: (a) "Local officer" means: 3. Any person holding one or more of the following positions:... municipal attorney; ...112.3145(2)(b) Each ... local officer.. shall file a statement of financial interests no later than July 1 of each year. Each ... local officer who is appointed... shall file a statement of financial interests within 30 days from the date of appointment ...I request to inspect the two most recently filed statements of financial interest in addition to the statement of financial interest filed within 30 days of appointment for each of the following Town Attorneys: Mr. John Skip Randolph • Mr. Toni Baird • Ms. Joanne O'Connor Dear Chris O'Hare [mail to: chrisoharegulfstream(,ernail.coml, The Town of Gulf Stream has received your original record request dated May 13, 2016. Your original public records request can be found at the following httv://www2.eulf- stream.ore/weblink/O/doc/90659/Pagel.asox. Please refer to the referenced number above with any future correspondence. We have no such record. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Wednesday, May 25, 2016 10:35 PM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org> Subject: follow up request for clarification and additional records Fwd: GS q 2180 (financial disclosure of 3 town attys) Dear Custodian of Records, I requested to inspect the two most recently filed statements of financial interest in addition to the statement of financial interest filed within 30 days of appointment for each of the following Town Attorneys: Mr. John Skip Randolph, Mr. Tom Baird, and Ms. Joanne O'Connor. You replied, We have no such record. We consider this wafter closed. I specifically asked you to, "Please read this entire request carefully and respond accordingly." I also specifically asked, "If the record I seek is in the custody of an entity under contract with your agency please contact that entity, inform them of their obligations under Florida Statute 119 and produce responsive records in their custody." Your response that you have no such record is unclear to me and I am writing you to ask for clarification. When you respond, "We have no such record" do you mean the Town attorney(s) have no such record too? Did you ask the Town attorney(s) if they have any responsive records? If you did then PLEASE PROVIDE ANY PUBLIC RECORD OF COMMUNICATION BETWEEN THE TOWN AND THE TOWN ATTORNEY(S) SEEKING RECORDS RESPONSIVE TO THIS REQUEST. If you did not yet ask the Town Attorney(s) for responsive records I respectfully ask that you UN -CLOSE this matter and get the records from them. Please respond without delay. May I hear from you soon? Sincerely,Chris O'Hare TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail May 26, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2180 (financial disclosure of 3 town attys) As background to the request 1 call your attention to portions of Florida Statute 112.3145, Disclosure offinancial interests and clients represented before agencies. Particularly sections: 112.3145(1) For purposes of this section, unless the context otherwise requires, the term: (a) "Local officer" means: 3. Any person holding one or more of the following positions:... municipal attorney; ...112.3145(2)(b) Each ... local officer ...shall file a statement offinancial interests no later than July 1 of each year. Each ... local officer who is appointed... shall file a statement offinancial interests within 30 days from the date of appointment ...1 request to inspect the two most recently filed statements of financial interest in addition to the statement of financial interest filed within 30 days of appointment for each of the following Town Attorneys: Mr. John Skip Randolph • Mr. Toni Baird • Ms. Joanne O'Connor Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml, The Town of Gulf Stream has received your original record request dated May 13, 2016. Your original public records request can be found at the following htty://www2.gulf- stream.ore/weblink/O/doc/90659/Pagel.asi)x. Please refer to the referenced number above with any future correspondence. Please be advised that the records you seek, whether they are in the custody of an individual or an entity that contracts with the Town of Gulf Stream or not, they are not pubic records with the Town of Gulf Stream. We consider this matter closed. Sincerely,Town Clerk, Custodian of the Records