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Home My Public Portal AboutPRR 16-2270From: Chris O'Hare [mailto:chrisoharegulfstream@gmail.com] Sent: Sunday, July 10, 2016 12:37 AM To: Bill Thrasher<bthrasher@gulf-stream.org>; Rita Taylor <RTaylor@gulf-stream.org>; GRichman@richmangreer.com; LFreire@richmangreer.com Subject: Follow up request to GS # 2215 (Richman Greer billable hours) - Dear Custodian of Records, Attached please find your response to my request to inspect public records which I made to you on May 31, 2016. I have also attached that original request for your reference too. You designated this request as : Re: GS # 2215 (Richman Greer billable hours) You responded: Please be advised that there are no such records. I wish to follow up on that request and try to discover the information I seek by asking for it in a different way. Therefore I make this follow up record request. I remind you that I request to Inspect these 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 follow up public record request, I again 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 entities under contract with your agency - namely Gerry Richman or Richman Greer P.A.. As a courtesy to you and your contractors and to assist in expediting my access to records responsive to this request I am notifying persons that may have custody of these public records at Gerry Richman or Richman Greer P.A. of this request by copy of this email. Do not assume my act of copying these contractors with this request relieves you of any of your duties under Florida Statute. I ask that you contact these 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 to your attention the dismissal of the Town's RICO complaint by the Eleventh Circuit, filed 0 6121-2 01 6 in Case:15-13433. 1 also call to your attention a speech made by Mayor Scott Morgan during the Town of Gulf Stream public meeting held July 8, 2016 in Town Hall where Morgan stated: "I want to just give you an update on the litigation status. The RICO action is finished,..... I understand the decision by the Eleventh Circuit concludes the litigation of the RICO persecution of Christopher O'Hare by the Town of Gulf Stream and that Mr. Morgans statement cited above, confirms such. 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. 1 of the State Constitution until the conclusion of the litigation or adversarial administrative proceedings. I request to inspect all public records in the custody Of Gerry Richman or Richman Greer P.A. that are related to the recording of billable professional work for the purpose of creating and /or calculating an accurate bill which was subsequently sent to the Town of Gulf Stream in the form of Invoice #72647 (attached for your reference). I anticipate the records I request to inspect will include but may not be limited to time sheets indicating who did what for how long, receipts for actual costs incurred on behalf of the Town, and any other record used to calculate and for create an accurate invoice for professional services billed to the Town. FIRST 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. 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. 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(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 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)(0, Florida Statutes. 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. 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. 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 §119.011(12)of the Florida Statutes. Please contact me 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 ---------- Forwarded message ---------- From: Bill Thrasher <bthrasher(a,¢ulf-stream.org> Date: Wed, Jun 8, 2016 at 2:22 PM Subject: GS # 2215 (Richman Greer billable hours) To:"chrisoharegulfstream(@gmail.com" <chrisohareeulfstream i email.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 a -mail July 13, 2016 Chris O'Hare [mail to: chrisohareeulfstream gmail.coml Re: GS #2270 (Follow up request to GS # 2215 (Richman Greer billable hours)) — I request to inspect all public records in the custody of Gerry Richman or Richman Greer P.A. that are related to the recording of billable professional work for the purpose of creating and /or calculating an accurate bill which was subsequently sent to the Town of Calf Stream in the form of invoice #72647 (attached for your reference). I anticipate the records I request to inspect will include but may not be limited to time sheets indicating who did what for how long, receipts for actual costs incurred on behaf of the Town, and any other record used to calculate and /or create an accurate invoice for professional services billed to the Town. Dear Chris O'Hare [mail to: chrisohareeulfstream(@grnail.coml, The Town of Gulf Stream has received your public records request dated July 10, 2016. The original public record request can be found at the following link h!!p://www2.gulf- stream.org/weblink/0/doc/97277/Pagel.asox 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 9, 2016 Chris O'Hare [mail to: chrisohareaulfstrearnAgmail.coml Re: GS #2270 (Follow up request to GS # 2215 (Richman Greer billable hours) I request to inspect all public records in the custody of Gerry Richman or Richman Greer P.A. that are related to the recording of billable professional workfor the purpose of creating and /or calculating an accurate bill which was subsequently sent to the Town of Gulf Stream in the form oflnvoice #72647 (attached for your reference). I anticipate the records I request to inspect will include but may not be limited to time sheets indicating who did what for how long, receipts for actual costs incurred on behalf of the Town, and any other record used to calculate and /or create an accurate invoice for professional services billed to the Town. Dear Chris O'Hare [mail to: chrisohareeulfstream( ,email.coml, The Town of Gulf Stream has received your public records request dated July 10, 2016. The original public record request can be found at the following link: http://www2.gulfstream.org/weblink/O/doe/97277/PaL,el.ast)x. Please be advised that there are no such records. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records