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
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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
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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