Loading...
HomeMy WebLinkAbout03-24-2016 Public Records RequestAndrea Lorenzo-Luaces From: Anthony A. Garganese [agarganese@orlandolaw.net] Sent: Thursday, March 24, 2016 1:17 PM To: Andrea Lorenzo-Luaces; Kevin Brunelle; Kevin Smith Subject: FW: PUBLIC RECORDS REQUEST Importance: High Please see below regarding the City of Cocoa. GWO , L Q&R"NUL WW5 & VAUFUITA A+lcvm*1of 6-Tu Anthony A. Garganese, Esquire Board Certified City, County & Local Government law Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net Email: agarganese@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information.intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Anthony A. Garganese Sent: Thursday, March 24, 2016 1:15 PM To: 'Carie Shealy'; Kim Kopp Cc: Michael Cantaloupe; John Titkanich Utitkanich@cocoafl.org) Subject: RE: PUBLIC RECORDS REQUEST Importance: High Carie, Several of our cities that we represent are getting the same public records request. However, I think you may be mistaken. The chief received an email asking for the names and email addresses of all sworn officers. Have police officers received separate public record requests from Mr. Chandler? As I understand it, the Bondi opinion provides that any information "revealing" the identity of an undercover officer is exempt from disclosure if the police department has a good faith basis that the particular information, on a case -by -case basis, would reveal the identity of the undercover officer. A simple roster of the names and email addresses of all sworn officers without more information may not "reveal" that a police officer is an undercover officer. On the other hand in this case, if the police department does not disclose an officer's name and email address along with the rest of the officers and claims an exemption, the identity could be revealed by deduction if a person knew the name of all of the officers in a particular police department. I recommend leaving this decision in the hands of the police chief. For references purposes, I believe one of my cities is considering responding to this request by providing a copy of each sworn officer's business card which contains their name and email address. Call me if you have questions. Regards, Anthony CjWD GARGANE St. WEISS [YAGPISTA. Anthony A. Garganese, Esquire Board Certified City, County & Local Government law Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32801 P.O. Box 2873 (32802-2873) Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net Email: agarganese(cD-orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 2 From: Carie Shealy [mailto:cshealyacocoafl org] Sent: Thursday, March 24, 2016 12:56 PM To: Anthony A. Garganese; Kim Kopp Cc: Michael Cantaloupe Subject: FW: PUBLIC RECORDS REQUEST Good afternoon, I received a call earlier today from Chief Cantaloupe stating that officers were receiving emails asking for records. He forwarded me an email and it is from Joel Chandler. I have attached Attorney General Bondi's opinion regarding the exemptions for personnel of any criminal justice agency as requested from the Chief of Police with the City of Oviedo. Although emails are not exempt for police officers, they are for Undercover police officers. In reading this, it basically leaves it up to the Custodian of Records or the Agency (bottom of Page 3) to make that determination. In regards to this request, I would like to get your opinion on this. My determination is that because in Florida Statute FS. 119.071 (4)(c) it states "[a] any information revealing undercover personnel of any criminal justice agency [.]" then the undercover officers should remain exempt. However, with respect to Bondi's opinion and the nature of this request, could you please provide insight as to your thoughts? Furthermore, I have requested to all City Employees (I copied the both of you) to please be aware of anything coming in through email, in person, or via the phone. I am sending the info to the PD in order for them to fulfill the request, but will redact if necessary the undercover officers. Thank you - City Clerk 65 Stone St., Cocoa, FL 32922 (321) 433-8484 I cshealvncocoafl.orp VOW - Stay Connected: VN11.V1 � From: Michael Cantaloupe Sent: Thursday, March 24, 2016 11:05 AM To: Carie Shealy Subject: Fwd: PUBLIC RECORDS REQUEST This is the one I was referring to Chief Michael Cantaloupe Cocoa Police Department 1226 W. King St. Cocoa, Fl. 32922 Office: (321) 637-6321 Cell: (321) 474-8742 Email: mcantaloupekcocoapolice.com Begin forwarded message: From: Michael Cantaloupe <mcantaloupe(a�cocoapolice.com> Date: March 22, 2016 at 4:49:43 PM EDT To: Donna Dallaire <ddallairekeocoapolice.com> Subject: FW: PUBLIC RECORDS REQUEST FYI From: Joel Chandler [mailto:ResearchnFOGWatch orb] Sent: Tuesday, March 22, 2016 9:59 AM To: Michael Cantaloupe Subject: PUBLIC RECORDS REQUEST PUBLIC RECORDS REQUEST ATTENTION: Custodian of Public Records for Cocoa Police Department Michael Cantaloupe, Chief of Police Cocoa Police Department 1226 W. King Street Cocoa Florida 32922 chieaa,cocoapolice.com Pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119.07 of the Florida Statutes I wish to make a public records request of your agency for the following: Records reflecting the names and email addresses of all sworn officers currently employed by your agency. Responsive records may include, but are not necessarily limited to, personnel directories, email directories, etc. 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(l)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by § 119.07(l)(f) of the Florida Statutes. Please take note of § 119.07(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 in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by 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. If you anticipate the production of these public records will involve any costs for me, please notify me in advance of their production 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. All responses to this public records request should be made in writing to the following email address: Research(cr)FOGWatch.org Thank you, Joel Edward Chandler 1355 Forest Park Street Lakeland FL 33803 Click here to report this email as spam. This electronic message is privileged and confidential material. This message is intended solely for the individual or entity named above. If the receiver of this message is not the intended recipient, please be advised that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete it.