HomeMy Public PortalAboutPRR 16-2236From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com]
Sent: Sunday, June 12, 2016 12:19 PM
To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>;
lalexander@jonesfoster.com
Subject: Re: Request to Inspect a Public Record - legal correspondence - project funding
Dear Custodian of Records,
I am sending this email to you again because my email software indicates the first
transmission was received by lalexander@ionesfoster.com but rejected as SPAM
by bthrasher@gulf-stream.org and RTaylor@gulf-stream.org. If you did actually receive
this email the first time I sent it I apologize for any inconvenience this second
transmission may cause you.
Sincerely,
Chris O'Hare
On Sat, Jun 11, 2016 at 8:05 AM, Chris O'Hare <chrisoharegulfstream@gmail.com> wrote:
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 be material to current, anticipated or presently unforeseen legal
action. In addition, Inspection of these records is essential to my ability to make Informed comments in an
upcoming public hearing. 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.
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 write you directly.
Unfortunately I cannot find the records I request to inspect. Therefore I am writing you now and requesting you
make every effort as required by law to produce these public records without delay. I believe the records I seek
to Inspect may be in your custody AND/OR in the custody of an entity under contract with your agency. I
believe the most likely contractor to have such records may be Jones Foster Johnston & Stubbs PA. As a
courtesy to you and your contractor and to assist in expediting my access to records responsive to this request
I am notifying the contractor of this request by copy of this email. Do not assume my act of copying the
contractor with this request relieves you of any of your duties under Florida Statute. I ask that you contact those
entities yourself, inform them of their obligations under Florida Statute and produce any responsive records in
their custody as soon as possible.
I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida
Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes.
I ask that you take the following action:
• Read this entire request carefully and respond accordingly.
• 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.
• Reference Florida Statutes and appropriate case law when responding to this record request.
• Do NOT produce any records other than records responsive to this request.
• Identify by name the person or persons responding to this request.
• Respond to this public record request In a singular manner and do not combine this request with any
other public record requests when responding to this request.
• Once you have determined that you do or don't have any records In your custody responsive to this
request, immediately act to obtain any responsive records that may be in the custody of
your contractor(s).
• 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.
I request to inspect the three most recent correspondences between any attorney working for the Town
and Mayor Morgan which contains any reference to the Town's recent determination to fund the Utility
Undergrounding Project with General Funds rather than Non -Ad Valorem funds.
I ask you to take note of 5119.070)(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 and entity in possession of records that may be responsive to this public records request,
including Individuals and entities under contract with your agency, to preserve and produce all responsive
records on an Immediate basis.
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 5119.070 )(a) of the Florida Statutes and state in
writing and with particularity the basis for your conclusions as required by 5119.07(1)(f) of the Florida Statutes.
Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider
exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all
portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully
redacted records for the purpose of challenging a particular redaction or establishing a reference for a future
request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an
agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation.
If the public records being sought are maintained by your agency or contactors for your agency, in an electronic
format please produce the records in the original electronic format in which they were created or
received. See 5119.01(2)(f). Florida Statutes.
Again I ask that you 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 5119.07(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 when 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, as 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
replacement provide the disposition record for my inspection.
All responses to this public records request should be made in writing to the following email address:
chrisoharegulfstream(c gmail.com
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 15, 2016
Chris O'Hare [mail to: chrisoharegulfstream@gmail.com]
Re: GS # 2236 (legal correspondence - project funding.)
I request to inspect the three most recent correspondences between any attorney working for the
Town and Mayor Morgan which contains any reference to the Town's recent determination to
fiord the Utility Undergrounding Project with General Funds rather than Non -Ad Valorem fiords.
Dear Chris O'Hare [mail to: chrisohareeulfstream(a)email.comj,
The Town of Gulf Stream has received your original record request dated June 12, 2016. Your
original public records request can be found at the following http://www2.gulf-
stream.ore/weblink/0/doc/92242/Paeel.asnx. Please refer to the referenced number above with
any future correspondence.
Please be advised that there are no such records.
We consider this matter closed.
Sincerely, Town Clerk, Custodian of the Records