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HomeMy Public PortalAboutPRR 16-2289From: Jonathan O'Boyle [mailto:joboyle@oboylelawfirm.comj Sent: Monday, July 25, 2016 5:41 PM To: OConnor, Joanne M. <JOConnor@jonesfoster.com> Cc: Richard Conforti <rconforti@dldlawyers.com>; Bill Thrasher <bthrasher@gulf-stream.org>; Jonathan O'Boyle <joboyle@oboylelawfirm.com> Subject: RE: Records Request So to be more clear, I do not want to reduplicate my past request where I learned about the Gavagni letter. I wanted the public records which show the communications leading up to that latter and any aftermath. I am interested in who's idea it was to send the letter and the contents of the letter. As such, I am searching for the records which show authorization to communicate with the Character and Fitness Committee, drafts, and communications which were used to formulate the letter. For example, the letter was sent in November 2014, more than a month before the Commission spoke on the issue of communicating with the bar. I want the records which authorize Mr. Sweetapple to write to the Board on the Town's behalf or a response which confirms there are no public records authorizing Mr. Sweetapple to act in that capacity. I also want all communication that lead up to that letter and any followup communications. If the Board wrote back, I want that and the emails or texts or memos or whatever that were sent around distributing that record. As stated earlier, there are many exhibits referenced in the letter, Mr. Sweetapple had to get those from the Town. I am especially interested in the communication which contained the memorandum of law from the 2013 code enforcement proceeding referenced as Exhibit 3. Mr. Sweetapple had to get that document and others from the Town, I want a copy of those communications which directed him to that informaiton or contained that information as that relates to this letter. If there are potential categories of documents that may or may not be responsive, just shoot me a quick email and I will try my best to clarify or make the process as easy as I can. Thank you. Jonathan — With regard to your request in the first paragraph below, the Town would additionally identify the minutes of the December 12, 2014 Commission Meeting, which are publicly available on the Town's website. There are no conflict waivers responsive to your request other than the waiver by Scott Morgan that permitted Bob Sweetapple to represent the Town as well as him individually. With regard to your request in the second paragraph below for "all public records which have anything to do with the Florida Character and Fitness Committee or Gavagni or the Florida Board of Bar Examiners since 2013," please advise if this is intended to be different from prior requests you have made for the "UPL file" and communications between the Town and the Florida Board of Bar Examiners, e.g., PRR 1852 by you dated 6/11/15 to which the Town has previously responded, or you are asking whether there are any supplemental records since the Town's last response to that request. If the latter, I am believe that there are not, but will confirm. To the extent that you seek records "that have anything to do with...", you have failed to sufficiently specify the records that you seek with sufficient particularity to enable the Town to provide a good faith response. I would request that you clarify and we will endeavor to respond appropriately. Regards, Joanne JONESFOSTER Iouh'ti mu a sr unas, r_+. Joanne M. O'Connor .Attorney Telephone: 561.650.0498 1 Fax: 561.650.5300 1 ioconnor(a,,jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. 'This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Jonathan O'Boyle[mailto:jobovle(doboylelawfirm.coml Sent: Tuesday, July 19, 2016 1:48 PM To: Bill Thrasher Cc: OConnor, Joanne M.; Richard Conforti Subject: RE: Records Request This message originated from outside your organization Thank you Mr. Thrasher. Your response here outlines 2 documents. The Minutes of Meeting 3.28.14 Commission and an April 16, 2016 letter of acceptance. I wanted to follow up and see if there were any additional documents which authorized Mr. Sweetapple to perform investigations, communicate with the Florida Bar, or work on any federal matters. I want to make it clear that my expectation is that when the Town expands Mr. Sweetapple's role from the circuit court civil litigation listed on his April 16, 2014 letter that such an expansion is a litigation expenditure decision responsive to my request as it defines the scope of his duties. Also, are there any waivers for potential conflicts of interest that may limit the scope of Mr. Sweetapple's authority, I would like any such waivers. If it is the Town's position that Mr. Sweetapple's work with the Florida Bar was exclusively to gain an advantage in the O'Boyel v. G.S. and O'Hare v. G.S. litigations listed on the April 16 letter, just let me know. I note that because Mr. Sweetapple wrote a letter to the Florida Bar Character and Fitness Board about me and I wanted the public records which show that such a letter was authorized by the Town or if it was outside the scope of his employment. As such, I would now like all public records which have anything to do with the Florida Character and Fitness Committee or Gavagni or the Florida Board of Bar Examiners since 2013. 1 suspect that the only topic of responsive documents will be the litigation and myself. Thank you guys so much. Jonathan O'Boyle, Esq., I.I.M. Licensed In Pennsylvania* Licensed In New Jersey* Licensed in Florida* The O'Boyle Law Firm, P.C. www.obovielawfirm.com Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel: 814-535-5175 Fax: 215-893-3641 0oboyle0oboylelawfi rm.com New Jersey Office 30 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 joboylet@obovielawf'irm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 ioboyle@oboylelawfi rm.com IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication, unless expressly stated otherwise, was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax -related matter(s) addressed herein. ------------------------------------------------------ NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND MAY BE A COMMUNICATION PRIVILEGED BY LAW. IF YOU RECEIVED THIS E- MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. From: Bill Thrasher [mailto•bthrasher()gulf-stream oral Sent: Tuesday, July 19, 2016 12:30 PM To: Jonathan O'Boyle Subject: RE: Records Request 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 July 26, 2016 Jonathan O'Boyle [mail to: iobovlena,obovlelawfirm.coml Re: GS #2289 (RE: Records Request (Gavagin Letter)) So to be more clear, I do not want to reduplicate my past request where I learned about the Gavagni letter. I wanted the public records which show the communications leading up to that latter and any aftermath. I am interested in who's idea it was to send the letter and the contents of the letter. As such, I am searching for the records which show authorization to communicate with the Character and Fitness Committee, drafts, and communications which were used to formulate the letter. For example, the letter was sent in November 2014, more than a month before the Commission spoke on the issue ofcommunicating with the bar. I want the records which authorize Mr. Sweetapple to write to the Board on the Town's behalf or a response which confirms there are no public records authorizing Mr. Sweetapple to act in that capacity. I also want all communication that lead tip to that letter and any followup communications. If the Board wrote back, I want that and the entails or texts or memos or whatever that were sent around distributing that record. As stated earlier, there are many exhibits referenced in the letter, Mr. Sweetapple had to get those from the Town. I am especially interested in the communication which contained the memorandum oflawfrom the 2013 code enforcement proceeding referenced as Exhibit 3. Mr. Sweetapple had to get that document and others from the Town, I want a copy of those communications which directed him to that informaiton or contained that information as that relates to this letter. If there are potential categories of documents that may or may not be responsive, just shoot me a quick email and I will try my best to clarify or make the process as easy as I can. Dear Jonathan O'Boyle [mail to: iobovlena obovlelawfirm.com], The Town of Gulf Stream has received your public records request dated July 25, 2016. The original public record request can be found at the following link htto://www2.gulf- stream.ore/weblink/0/doc/97600/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 September 22, 2016 Jonathan O'Boyle [mail to: ioboyleCaZobovlelawfirm.coml Re: GS #2289 (Records Request Gavagin Letter) So to be more clear, I do not want to reduplicate my past request where I learned about the Gavagni letter. I wanted the public records which show the communications leading up to that latter and any aftermath. I am interested in who's idea it was to send the letter and the contents of the letter. As such, I am searching for the records which show authorization to communicate with the Character and Fitness Committee, drafts, and communications which were used to formulate the letter. For example, the letter was sent in November 2014, more than a month before the Commission spoke on the issue of communicating with the bar. I want the records which authorize Mr. Sweetapple to write to the Board on the Town's behalf or a response which confirms there are no public records authorizing Mr. Sweetapple to act in that capacity. I also want all communication that lead up to that letter and anyfollowup communications. If the Board wrote back, I want that and the emails or texts or memos or whatever that were sent around distributing that record. As stated earlier, there are many exhibits referenced in the letter, Mr. Sweetapple had to get those from the Town. 1 am especially interested in the communication which contained the memorandum of law from the 2013 code enforcement proceeding referenced as Exhibit 3. Mr. Sweetapple had to get that document and others from the Town, I want a copy of those communications which directed him to that informaiton or contained that information as that relates to this letter. If there are potential categories of documents that may or may not be responsive, just shoot me a quick email and I will try my best to clam or make the process as easy as 1 can. Dear Jonathan O'Boyle [mail to: iobovle 20boylelawfirm.coml, The Town of Gulf Stream received your public records requests on July 25, 2016. You should be able to view your request at the following link: htti)://www2.gulf-stream.org/weblink/o/doc/97600/Pagel.asvx In future correspondence, please refer to this public records request by the above referenced numbers. The Town has spent at least 15 minutes on your request and now estimates that to respond to your request will require approximately an additional hour of attorney support from the Town's outside legal counsel at $150.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(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 @ $150.00 = $150.00) = Deposit Due: $150.00 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, Rust ROW" 9"d As requested by Rita Taylor Town Clerk, Custodian of the Records