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