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HomeMy Public PortalAboutPRR 16-2212RECORDS REQUEST (the "Request") Date of Request: 05/31/2016 Requestor's Request ID#: 1236 REQUESTEE: Custodian of Records Sweetanple, Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane (Palm Beach Lakes) Custodian of Records Cole Scott & Kissane. (Lakeview Avenue) Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at recordsOcommerce-group.com: Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: Provide all records including, without limitation, communications between the Town of Gulf Stream wherein the Town of Gulf Stream was the Sender or a receiver and any of the following funis were the sender and\or a receiver: SWeetaDDle, Broeker & Varkas, Jones, Foster. Johnston & Stubbs. Richman Greer, P.A.. Cole Scott & Kissane (Palm Beach Lakes), Cole Scott & Kissane, (Lakeview Avenue) and Johnson Anselmo Murdoch Burke Piper & Hochman. P.A. during the period beginning on January 1, 2013 and through the date of this request. ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its emplovees, its Police Department. its Police Officers its counsel and the following law firms: Sweetapple, Broeker & Varkas: Richman Greer. PA; and Jones. Foster. Johnston & Stubbs. (including, without limitation, the attorneys, employees and partners of each such law firm.) THIS REQUEST IS MADE PURSUANT TO ARTICLE L SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDASTATUTES 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. FEF 6I19.01(2)(F). FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM. IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON I I X 17 PAPER NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH S"don 119.07(4) (a) (2) ALSO PLEASE TAKE NOTE OF §119.07(I)(H) OF THE FLORIDA STATUTES, INIAC)) PROVIDES THAT "IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". VP/NP/FLRR 07.28.2015 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail June 3, 2016 Martin E. O'Boyle [mail to: records@commerce-group.com] Re: GS #2208 (PRR 1232), #2209 (PRR 1233), #2210 (PRR 1234), #2211 (PRR 1235), #2212 (PRR 1236), #2213 (PRR 1237), #2214 (PRR 1238) (1) Provide a copy of all emails created, received or sent by the Town of Gulf Stream to Joel Chandler for the period beginning January 1, 1014 through the date of this request. (2) Provide a copy of all emails created, received or sent by Joel Chandler to the Town of Gulf Stream for the period beginning January 1, 1014 through the date ofthis request. The term "Town of Gulf Stream"shall mean each ofthefollowing: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law fes). Provide a copy of all records, including, without limitation: (a) all communications, (b) attachments to such communications and © all documents which were sent by Peter Isen to any of the requestees and which were received by Peter Isen from any of the requestees for the period beginning January 1, 2013 through today. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). (1) Please provide a copy of any and all records requests created or sent by the Town of Gulf Stream (including their attorneys, commissioners, officers, Town Manager and employees) to any other governmental (or quasi -governmental) agency, for the period beginning January 1, 1013 through the date of this request. (1) Please provide a copy of any and all records requests received by the Town of Gulf Stream (including their attorneys, commissioners, officers, Town Manager and employees) from any other governmental (or quasi -governmental) agency, for the period beginning January 1, 2013 through the date of this request. The term "Town of GutrStream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law f rm). (1) Provide copies of all trial transcripts, deposition transcripts, sworn statements, affidavits and other statements (the "Transcripts') made by Mr. Jeff Grey to the Town of Gudf Stream. This reques would include any and all portions of any of the Transcripts. (2) Provide copies of all communications between Jeff Grey and the Town of Gu f Stream where Jeff Gray was the sender or a receiver. (3) Please provide records, including, without limitation, all communications and transcripts emanating from Judge Barkhall's Courtroom regarding communications between Barkhall and Johnathan O'Boyle and/or Judge Barkhall and Robert Sweetapple and/or Joanne O'Connor and any other party who is (or was) a partner or employee ofJones Foster regarding Jonathan O'Boyle or the O'Boyle law firm. The term "Town of Gulf Stream"shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Provide all records including, without limitation, communications between the Town of Gulf Stream wherein the Town of Gulf Stream was the Sender or the receiver and any of the following firms were the sender and/or a receiver: Sweetapple, Broeker & Varkas, Jones, Foster, Johnston & Stubbs, Richman Greer, PA, Cole Scott & Kissane (Palm Beach Lakes), Cole Scott & Kissane (Lakeview Avenue) and Johnson Anselmo Murdoch Burke Piper & Hochman, PA during the period beginning on January 1, 2013 through the date of this request. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gudf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Please provide all transcripts, (including, without limitation, any and all sworn statements, deposition transcripts and trial and hearing transcripts (the "transcripts') and portions of any transcript and any transcripts which have not yet been certified), including all exhibits resulting from (a) the deposition of Robert Sweetapple dated May 27, 2016 relating to the litigation styled.- Martin tyled:Martin O'Boyle vs Robert Sweetapple and the Town of Gulf Stream. Case No.: 9:14-CV-81250- K4M,• and (b) any other transcripts involving Martin O'Boyle, Jonathan O'Boyle, Nick Taylor, Giovani Mesa, Ryan Witmer, the o'boyle law firm or Chris O'Hare. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the attorneys, employees and partners of each such law firm). Provide a copy of the video which was prepared concomitantly, with the sworn statement of Joel Chandler on July 23, 2014. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Varkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchiding, without limitation, the attorneys, employees and partners of each such law firm). Dear Martin E. O'Boyle [mail to: records(ia commerce-group.coml, The Town of Gulf Stream has received your public records requests dated May 31, 2016. The original public record request can be found at the following links http://www2.eulf- stream.org/weblink/0/doc/91280/`Pase1.aspx, htto://www2.eulf- stream.ore/weblink/0/doc/91281/Pa¢el.aspx, http://www2.¢ulf- stream.or¢/weblink/0/doc/91282/Paeel.aspx, http://www2.eulf- stream.ora/weblink/0/doc/91283/Pagel.aspx, http://www2.gulf- stream.ora/weblink/0/doc/91284/Pagel.aspx, http://www2.gulf- stream.ors/weblink/0/doc/91285/Paeel.asr)x, and htti)://www2.gulf- stream.org/weblink/O/doc/­9`­1286/Pagel.aspx. 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 August 8, 2016 Martin E. O'Boyle [mail to: records(rilcommerce-eroumcoml Re: GS #2212 (Records Request 1236) Provide all records including, without limitation, communications between the Town of Gulf Stream wherein the Town of Gulf Stream was the Sender or the receiver and any of the following firms were the sender and/or a receiver: Sweetapple, Broeker & Yarkas, Jones, Foster, Johnston & Stubbs, Richman Greer, PA, Cole Scott & Kissane (Palm Beach Lakes), Cole Scott & Kissane ( Lakeview Avenue) and Johnson Anselmo Murdoch Burke Piper & Hochman, PA during the period beginning on January 1, 2013 through the date of this request. The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its commissioners, its manager, its employees, its police department, its police officers and its councel and the following law firms: Sweetapple, Broeker & Yarkas; Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (inchrding, without limitation, the attorneys, employees and partners of each such law firm). Dear Martin E. O'Boyle [mail to: records a commerce-groun.coml, The Town of Gulf Stream received your public records request on May 31, 2016. You should be able to view your request at the following link: http://www2.gulf-stream.ore/weblink/0/doc/91284/Pagel.ast)x. In future correspondence, please refer to this public records request by the above referenced numbers. In light of the breadth of your request, which covers "all records" received by or sent to the Town, which you define to include its outside counsel, to or from the Town's outside counsel, during a two and one-half (2 %z) year period, producing all records responsive to your request will require extensive clerical or supervisory assistance. As you are aware, the Town is presently defending 40 public records lawsuits that were filed during the nearly two-year time period encompassed by your request. The Town is also defending numerous other pending lawsuits brought against it and its officials in state and federal courts in Palm Beach County. Another two (2) lawsuits brought by the Town are pending in state and federal courts in Palm Beach County. Your request thereby encompasses documents prepared by the Town's attorneys exclusively for litigation or in anticipation of imminent litigation and that reflect the mental impressions, conclusions, litigation strategies, or legal theories of the Town's attorneys or the Town and would be exempt under Florida Statute § 119.0171(1)(d) until the conclusion of the litigation. As a result and given the fact that very few of the litigation files pending during the referenced time period are now closed, the Town reasonably anticipates needing significant attorney time to review any records that may be responsive to your request for exemptions under Florida Statute § 119.0171(1)(d). The Town notes that it has previously responded to requests -- including requests from you and/or your affiliated entities or officers -- for records that appear to seek a subset of the present request and provided records, advised no records exist, or given estimates of the cost to produce responsive records. To find the aforementioned requests and responses, go to www.eulf-stream.orel click on "Find a Town Record", click on "Public Record Requests", click on the year you desire, click on either "Public Record Number Log" and search "Morgan" or "Mayor" and then search by the number of the desired public records request in the folder "Public Record Requests (of desired year)". The Town has also previously provided estimates of the special service fees to produce public records that are subsets of the records you seek here, including, but not limited to, responses to public record request numbers 15-1967, 15-1968, 15-1969, 15-1971, 15-1972, 15-1973, 16- 2143,16-2144 This request generated more than 5,000 email documents from a review of the Town of Gulf Stream's email files alone. This does not include any potential attachments to the emails or other hard copies of communications. We have estimated the review and production of these emails alone will require approximately 40 work hours of attorney support from the Town's outside legal counsel at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). This estimate is based upon an extremely conservative estimate of 30 seconds to review each email and to redact any potential emails or portions of an email as allowed under the Florida Statutes. The Town's initial search has also identified well in excess of 400 PDF or hard copies of communications and other related records during the pertinent time period. The Town estimates that the review and production of these records will require another 3 hours of attorney support from the Town's outside legal counsel at $235.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). The Town further estimates that the review and production of additional records responsive to your request to ensure that no records are overlooked will require at least 16 hours of administrative support at $28.92 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). The Town's estimate to respond to your request is calculated as follows: (40 hours @ $235 = $9,400) + (3 hours @ $235 = $705) + (16 hours @ $28.92) — (.25 hours @ $28.92 - $7.23 = $455.59) TOTAL = $10,560.59 The Town is willing to fulfill this public records request but we require payment of the estimated special service fee of $10,560.59 in advance before we begin. If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. Finally, if you would like to narrow the scope of your request, for example, by identifying a particular document or date range, the Town may be able to provide these records at a lower cost. Upon receipt of your deposit, the Town will use its very best efforts to further respond to your public records request in a reasonable amount of time. If we do not hear back from you within 30 days of this letter, we will consider this matter closed. Sincerely, Town Clerk, Custodian of the Records