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HomeMy Public PortalAboutPRR 16-2253From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Monday, June 27, 2016 8:10 AM To: Bill Thrasher <bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; rsweetapple@sweetapplelaw.com; cbailey@sweetapplelaw.com; cbailey@sweetapplelaw.com Subject: Request to Inspect Public Records - internal RICO records - Sweetapple, Broeker & Varkus 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. I request you make every effort as required by law to produce these public records without delay. I believe the records I seek to inspect are in the custody of an entity under contract with your agency, namely the law firm of Sweetapple, Broeker & Varkus. As a courtesy to you and your contractor and to assist in expediting my access to records responsive to this request I am notifying Sweetapple, Broeker & Varkus 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 those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes and along with the production of those records provide the cost for producing the balance of the responsive records. As background to this request I call your attention to the dismissal of the Town's RICO complaint by the Eleventh Circuit, filed 06/21-2016 in Case:15-13433. I understand this decision concludes the litigation of the RICO prosecution of Christopher O'Hare by the Town of Gulf Stream. Therefore records previously exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution are no longer exempt and must be produced for inspection. Here is that statute for your reference: 119.071 General exemptions from inspection or copying of public records.— (1) AGENCY ADMINISTRATION.—(d)1. A public record that was prepared by an agency attorney (including an attorney employed or retained by the agency or employed or retained by another public officer or agency to protect or represent the interests of the agency having custody of the record) or prepared at the attorney's express direction, that reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, and that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. I request to inspect any internal* record created by any attorney at the firm of Sweetapple, Broeker & Varkus the subject matter of which is wholly or partly concerning the Town of Gulf Stream's RICO complaint**. These records I request to inspect include but are not limited to any record that was prepared by any attorney at the firm of Sweetapple, Broeker & Varkus or prepared at the express direction of any so described attorney, that: • reflects a mental impression, conclusion, litigation strategy, or • legal theory of the attorney or the agency, or • that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or • that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, These records may include but not be limited to electronic records such as text messages, emails, voice mail, social media, and digital files located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft electronic devices capable of containing electronic records. PLEASE NOTE: • FIRST PRODUCE FOR INSPECTION ANY RECORDS OF INTERNAL COMMUNICATION BETWEEN AND AMONG PERSONS IN THE FIRM INCLUDING RECORDS MAY NOT HAVE BEEN COPIED OR SHARED WITH ANY PERSONS OUTSIDE THE FIRM. PRODUCE RECORDS THAT DO NOT REQUIRE EXTENSIVE USE OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTH IN EXCESS OF 15 MINUTES AND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS. *The word "internal" as used above means a record of communication between and among persons in the firm; a record created by a person in the firm for the primary purpose of recording and making available information or knowledge to persons in the firm; a record archived in the firm which documents, memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town of Gulf Stream's RICO complaint process from initial inspiration through consideration, planning, initiation, application, appeal and resolution. I ask you to 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 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 §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. 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. I ask you to note that under §119.07(2)(a) of the Florida Statutes that a person who has custody of a public record and who asserts that an exemption applies to a particular public record or part of such record shall delete or excise from the record only that portion of the record with respect to which an exemption has been asserted and validity applies, and such person shall produce the remainder of such record for inspection and examination. 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 §119.01(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 §119.07(4xa)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 term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as &119.01 IN2)of the Florida Statutes. 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. Please contact the requestor at the email address shown below and request clarification if there is any part of this record request you do not understand. 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 June 28, 2016 Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml Re: GS 92253 (internal RICO records - Sweetapple, Broeker & Varkus) I request to inspect any internal* record created by any attorney at the firm ofSweetapple, Broeker & Varkus the subject matter of which is wholly or partly concerning the Town of Gulf Stream's RICO complaint**. These records I request to inspect include but are not limited to any record that was prepared by any attorney at the firm ofSweetapple, Broeker & Varkus or prepared at the express direction of any so described attorney, that. reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, or that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, These records may include but not be limited to electronic records such as text messages, emails, voice mail, social media, and digital files located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft electronic devices capable of containing electronic records. PLEASE NOTE: FIRST PRODUCE FOR INSPECTION ANY RECORDS OF INTERNAL COMMUNICATION BETWEEN AND AMONG PERSONS IN THE FIRM INCLUDING RECORDS MAY NOT HAVE BEEN COPIED OR SHARED WITH ANY PERSONS OUTSIDE THE FIRM. PRODUCERECORDS THATDO NOTREQUIREEXTENSIVE USE OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTH IN EXCESS OF 15 MINUTES AND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS. *The word "internal" as used above means a record of communication between and among persons in the firm; a record created by a person in the firm for the primary purpose of recording and making available information or knowledge to persons in the firm; a record archived in the firm which documents, memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town of Gulf Stream's RICO complaint process from initial inspiration through consideration, planning, initiation, application, appeal and resolution. Dear Chris O'Hare [mail to: chrisohareeulfstream@gmail.coml, The Town of Gulf Stream has received your public records requests dated June 27, 2016. The original public record request can be found at the following link http://www2.gulf- stream.org/weblink/o/doc/94688/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 September 22, 2016 Chris O'Hare [mail to: chrisoharesulfstreamaemail.coml Re: GS #2253 (internal RICO records - Sweetapple, Broeker & Varkus) I request to inspect any internal* record created by any attorney at the firm of Sweetapple, Broeker & Varkus the subject matter of which is wholly or partly concerning the Town of Gulf Stream's RICO complaint". These records 1 request to inspect include but are not limited to any record that was prepared by any attorney at the firm of Sweetapple, Broeker & Varkus or prepared at the express direction of any so described attorney, that: reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, or that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, These records may include but not be limited to electronic records such as text messages, emails, voice mail, social media, and digital files located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft electronic devices capable of containing electronic records. PLEASE NOTE: FIRST PRODUCE FOR INSPECTIONANY RECORDS OF INTERNAL COMMUNICATIONBETWEENAND AMONG PERSONS IN THE FIRMINCLUDING RECORDS MAYNOT HAVE BEEN COPIED OR SHARED WITHANYPERSONS OUTSIDE THE FIRM. PRODUCE RECORDS THAT DO NOT REQUIRE EXTENSIVE USE OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTH IN EXCESS OF 15 MINUTESAND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS *The word "internal" as used above means a record of communication between and among persons in the firm; a record created by a person in the firm for the primarypurpose of recording and making available information or knowledge to persons in the firm; a record archived in the firm which documents, memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town of Guf Stream's RICO complaint process from initial inspiration through consideration, planning, initiation, application, appeal and resolution. Dear Chris O'Hare [mail to: chrisohareeulfstream(a,,gmail.coml, The Town of Gulf Stream has received your public records requests dated June 27, 2016. The original public record request can be found at the following link: htti)://www2.gulfstream.org/weblink/O/doc/94688/Pagel.aspx The Town is willing to hold this request in abeyance until such time as the RICO lawsuit is concluded for purposes of the work product exemption under the Public Records Act. Please advise whether you would like the Town to do so or whether you would like estimates of the cost that will be incurred to review and redact all of the records that you seek for work product privileged material. Sincerely, Renee Rowan Basel As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Thursday, September 22, 2016 9:39 PM To: Renee Basel; Bill Thrasher; Rita Taylor Subject: Fwd: GS #2253 (internal RICO records - Sweetapple, Broeker & Varkus) Attachments: GS #2253 (internal RICO records - Sweetapple, Broeker & Varkus)_production.pdf Dear Ms. Rowan Basel, I am in receipt of your response which you made today to my request to inspect public records which I made to your agency on June 27 - nearly 90 days ago. Your response is forwarded herein for your reference. I consider 90 days to be an unreasonable length of time to inspect a public record - let alone having to wait 90 days only to be told you are withholding the record. I disagree with your claim that any exemption exists for the records I have asked to inspect. I consider your refusal to produce records responsive to my request to be willful and an unlawful withholding of public records. I ask that you examine my original request in its entirety and reasonably respond as required by Florida Statute without further delay. Sincerely, Chris O'Hare ---------- Forwarded message ---------- From: Renee Basel <RBaselCagulf-stream.ore> Date: Thu, Sep 22, 2016 at 2:40 PM Subject: GS #2253 (internal RICO records - Sweetapple, Broeker & Varkus) To: Chris O'Hare <chrisoharegulfstream(a)gmail.com> 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. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 14, 2016 Chris O'Hare [mail to: chrisoharegulfstream(i�email.coml Re: GS #2253 (internal RICO records — Sweetapple, Broeker & Varkus) 1 request to inspect any internal* record created by any attorney at the firm of Sweetapple, Broeker & Varkus the subject matter of which is wholly or partly concerning the Town of Gulf Stream's RICO complaint". These records I request to inspect include but are not limited to any record that was prepared by any attorney at the firm of Sweetapple, Broeker & Varkus or prepared at the express direction of any so described attorney, that: reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the agency, or that was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial administrative proceedings, These records may include but not be limited to electronic records such as text messages, emails, voice mail, social media, and digital files located on cell phones, computer hard drives, flash drives, servers, cloud storage, google drive and similar forms of hard and soft electronic devices capable of containing electronic records. PLEASENOTE: FIRSTPRODUCEFORINSPECTIONANYRECORDS OFINTERNAL COMMUNICATIONBETWEENAND AMONG PERSONSIN THE FIRMINCLUDING RECORDS MAYNOT HAVE BEEN COPIED OR SHARED WITHANYPERSONS OUTSIDE THE FIRM. PRODUCE RECORDS THAT DO NOT REQUIRE EXTENSIVE USE OF INFORMATION TECHNOLOGIES OR EXTENSIVE STAFF TIME OR BOTHIN EXCESS OF 15 MINUTES AND ALONG WITH THOSE RECORDS PROVIDE THE COST FOR PRODUCING THE BALANCE OF THE RESPONSIVE RECORDS *The word "internal" as used above means a record of communication between and among persons in the firm; a record created by a person in the firm for the primary purpose of recording and making available information or knowledge to persons in the firm; a record archived in the firm which documents, memorializes or otherwise records an event, fact, impression, opinion, strategy, plan, or conclusion. **The phrase "RICO complaint" as used above means the entire scope of the Town of Gulf Stream's RICO complaint process from initial inspiration through consideration, planning, initiation, application, appeal and resolution. Dear Chris O'Hare [mail to: chrisoharegulfstream(a)gmail.coml: The Town of Gulf Stream received your public records requests on June 27, 2016. You should be able to view your request at the following link: hqp://www2.gulf-stream.org/weblink/0/doc/94688/Pagel.aspx The Town estimates that to respond to your request will require approximately an additional hour of attorney time from Sweetapple at $350.00 per hour and an additional hour of paralegal time at $125.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). 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. (One hour @ $350.00 + One hour @ $125.00) = Deposit Due: $475.00 in cash or check. 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 request closed. Sincerely, l�" kaw" pFwl�c As requested by Rita Taylor Town Clerk, Custodian of the Records