HomeMy Public PortalAboutPRR 16-2194From: 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
Kelly Avery
From: Kelly Avery
Sent: Monday, May 16, 2016 8:34 AM
To: 'OConnor, Joanne M.'
Subject: FW: Public record request - financial disclosure of 3 town attys
xauy Avery
Deputy Town Clerk
Town of Gulf Stream
100 Sea Rd.
Gulf Stream, FL 33483
561-276-5116
561-737-0188 (fax)
kavery@gulf-stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
From: 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<chrisoharegulfstreamamgmail.com>
Date: Fri, May 13, 2016 at 10:51 PM
Subject: Public record request - financial disclosure of 3 town attys
To: btbrasher(&gulf-stream.org.didtheweadit.com, RTaylor(Rgulf-stream.org.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 purposes of this section:, unless the conte_w otherwise requires, the term: (a) "Local
officer" means:
3. Any person holding one or more of the 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 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. 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.
3
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 26, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS #2194 (FW: follow up request for clarification and additional records Fwd: GS #
2180 (financial disclosure of 3 town attys))
PLEASE PROVIDE ANY PUBLIC RECORD OF COMMUNICATION BETWEEN THE TOWN
AND THE TOWNATTORNEY(S) SEEKING RECORDS RESPONSIVE TO THIS REQUEST.
Dear Chris O'Hare [mail to: chrisohareeulfstreamewnail.coml,
The Town of Gulf Stream has received your original record requests dated May 25, 2016. Your
original public records request can be found at the following link: httu://www2.gulf-
stream.org/weblink/0/doc/91028/Pagel.aWx. Please refer to the referenced number above with
any future correspondence.
You will find the responsive documents by going to the same above link.
We consider this closed.
Respectfully,
Town Clerk, Custodian of the Records