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HomeMy Public PortalAboutPRR 16-2330Renee Basel From: Jonathan O'Boyle <joboyle@oboylelawfirm.com> Sent: Wednesday, October 5, 2016 4:15 PM To: OConnor, Joanne M.; Renee Basel Cc: Richard Conforti; Jonathan O'Boyle Subject: Bar Records Request I would like to request communications that are public records which regard Morgan's bar complaint update and Sweetapple's bar complaint update that occurred in 2016. 1 am thinking Emails (with attachments), letters, text messages, and of course, the word doc file of both Morgan's update and Sweetappl's. I would like any attorney-client communications with that regard. Please let me know if a deposit is required in advance. I would like documents in their original and native format to be emailed to me at this address. As always, I would appreciate a production schedule in advance so I know when to check back with the Town. Jonathan O'Boyle, Esq., LLM. 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 Boyle@ obovlelawfi rm.com New Jersey Office 10 Grove St. Haddonfield, NJ 08033 Tel: 814-535-5175 Fax: 215-893-3641 ioboyle@oboylelawfirm.com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 754-212-2444 iobovle@obovielawfirm.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. TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail October 12, 2016 Chris O'Hare [mail to: chrisoharegulfstream(a�gmail.coml Re: GS #2331 (bar complaint since 9-4-16) All public records* created during the time period from September 4, 2016 to the time you receive this request which are related to the Town of Gulf Strewn**preparing, approving or filing a complaint with the Florida Bar against any attorney. Dear Chris O'Hare [mail to: chrisoharegulfstream(iDPmail.coml, The Town of Gulf Stream has received your public records request dated October 7, 2016. The original public record request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doe/102322/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, nD�/ JZZJ. f P,aWA4, D As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 22, 2016 Jonathan O'Boyle [mail to: iobovle(&obovlelawfirm.coml Re: GS #2330 (Bar Records Request) 1 would like to request communications that are public records which regard Morgan's bar complaint update and Sweetapple's bar complaint update that occurred in 2016. 1 am thinking Emails (with attachments), letters, text messages, and of course, the word doc file of both Morgan's update and Sweetappl's. I would like any attorney-client communications with that regard. Dear Jonathan O'Boyle [mail to: ioboyle(@obovlelawfinn.com]: The Town of Gulf Stream has received your public records request dated October 5, 2016. You should be able to view your original request and partial response at the following link: http://www2.gulf-stream.org/weblinkIO/doc/102321/PageI.asvx The Town estimates that to fully respond to your request will require an additional two hours of paralegal support 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. (Two hours @ 125.00 = $250.00) = Deposit Due: $250.00 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, Jz"' Raw" F" As requested by Rita Taylor Town Clerk, Custodian of the Records September 24, 2016 Roberto Mendez, Esq. The Florida Bar Lake Shore Plaza II, Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Ryan Witmer, The Florida Bar File No. 2015-00,227(17A) Giovani Mesa, The Florida Bar File No. 2015-50,427(17A) *Jonathan O'Boyle, Florida Bar No. 117547 Dear Mr. Mendez: Please accept this letter as an Amendment to my formal complaint filed on August 25, 2014 with the Florida Bar. Since that filing, Jonathan R. O'Boyle, Esq. has been admitted to practice in the State of Florida under Florida Bar No. 117547. Mr. O'Boyle should be added as an attorney against whom the ethical complaints are made. Mr. O'Boyle is the principle of the O'Boyle Law Firm, which employed the subject attorneys, and he authorized and oversaw the previously alleged misconduct, and approved the additional misconduct described below. NEW COMPLAINT: Please amend our complaint to include violations by the above mentioned lawyers and The O'Boyle Law Firm because that law firm filed lawsuits against the Town of Gulf Stream prior to being registered to transact business within the State of Florida. On January 15, 2014, The O'Boyle Law Firm applied for authorization from the Florida Division of Corporations to transact business in Florida as a foreign corporation. That authorization was granted by the State of Florida, effective on February 10, 2014. The O'Boyle Law Firm, however, filed lawsuits against our town before being authorized by the State of Florida to so. Those lawsuits include: Christopher F. O'Hare v. Town of Gulf Stream, William H. Thrasher, Jr., 2014 CA 720 (15th Judicial Circuit for Palm Beach County); FILED January 20, 2014 (Witmer); Christopher F. OHare v. Town ofCmy'Stream, 2014 CA 818 (15th Judicial Circuit for Palm Beach County); FILED January 22, 2014 (3:12:52 PM) (Witmer); Christopher F. O'Hare v. Town of Gulf Stream, 2014 CA 824 (15th Judicial Circuit for Palm Beach County); FILED January 22, 2014 (3:29:59 PM) (Witmer); Christopher F. OHare v. Town of Gulf Stream, 2014 CA 835 (15th Judicial Circuit for Palm Beach County); FILED January 22, 2014 (3:44:09 PM) (Witmer); Martin E. O'Boyle v. Town of Gulf Stream, 2014 CA 834 (15th Judicial Circuit for Palm Beach County); FILED January 22, 2014 (7:06:52 PM) (Witmer); Christopher F. O'Hare v. Town of Gulf Stream, 2014 CA 894 (15th Judicial Circuit for Palm Beach County); FILED January 24, 2014 (Witmer); Martin E. O'Boyle v. The Town of Gulf Stream, 2014 CA 1572 (15th Judicial Circuit for Palm Beach County); FILED February 7, 2014 (Mesa). Thank you for your consideration of this important matter. Should you require a separate document to formally amend these complaints, please advise and I will submit it. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream C.C. Scott K. Tozian, Esq. Renee Basel From: scottmorgan75@gmail.com Sent: Thursday, August 25, 2016 1:33 PM To: Renee Basel Subject: Letter to Florida Bar Attachments: Florida Bar-Mendez.1e.8-25-16.docx Hi Renee, Would you please print out the attached cover letter on Town stationary, and send it along with Mr. Sweetapple's Aug. 18, 2016, letter and attachments to Mr. Mendez and to Mr. Tozian? Thank you. Scott W. Morgan August 25, 2016 Roberto Mendez, Esq. The Florida Bar Lake Shore Plaza II, Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Nickalaus Taylor, The Florida Bar File No. 2015-50,426(17A) Giovani Mesa, The Florida Bar File No. 2015-50,427(17A) Ryan Witmer, The Florida Bar File No. 2015-00,227(17A) William F. Ring, The Florida Bar File No. 2015-50,283(17A) Dear Mr. Mendez: By way of update, please find enclosed the correspondence and attachments recently sent to the Town of Gulf Stream by Robert A. Sweetapple, Esq. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream C.C. Scott K. Tozian, Esq. LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flaea Street, Ste, 1500 Miami, Florida 33130.6817 Telephone: (305) 374.5623 Facsimile: (305) 358-1023 ROBERT A. SWEETAPPLE ! •• DOUGLASC. BROEKER KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASHLEIGH M. GREENE BERKLEY S. VITALE • BOAw [PAIm®aVAN6ALmaAtaal ATnMU2Y •• a eERn MED CM Mn ATM1WNET Scott W. Morgan, Mayor William Thrasher, Town Manager Gulf Stream Town Commission 100 Sea Road Gulf Stream, Florida 33483 August 18, 2016 SWEETAPPLE & VARKAS, P.A. 20 S.E.3'° Street Boca Raton, Florida 33432.4914 Telephone: (561) 392.1230 Facsimile: (561) 394-6102 Plane Reply To: Roes Ralon rsweetappic@sweetapplelaw.com aivarkas@sveclappielaw.com bvitele@ weetapplelaw.com ebsilcy@sweelapplelaw.com dsmi0s@meetappielaw, com Re: Report on the Alleged Systematic Abuse of Public Records Laws by Martin O'Boyle, Jonathan O'Boyle, Christopher O'Hare, Citizen's Awareness Foundation, Inc., and The O'Boyle Law Firm Dear Mayor Morgan and Commission Members: It is well known that for about the last three (3) years the Town of Gulf Stream has endured and defended what it believes to be systematic abuse of the Florida Public Records laws by Martin O'Boyle, Christopher O'Hare, Citizen's Awareness Foundation, Inc., The O'Boyle Law Firm and others. These abuses include, but are not limited to, receiving in excess of ?,280 public records requests by the above named and their affiliates. In addition, the group has filed more than 37 public records request lawsuits, and more than 18 other lawsuits directed against the Town, its employees or agents. These actions follow a long history of documented public records abuse by Martin O'Boyle both in the Town of Longport, New Jersey and with the State Attorney of Florida's Fifteen Judicial Circuit, as discussed in my earlier report (Exhibit A), as a means to bully and intimidate the Town into settling with him for money damages and other non -monetary demands. This particular pattern of abuse started in January 2014, when Martin O'Boyle orchestrated and launched a scheme in conjunction with his son Jonathan O'Boyle, The O'Boyle Law Finn, and others, to abuse the liberality of Florida's public records laws in a plan designed to create significant money profits. As part of the plan, O'Boyle formed an entity called Citizen's Awareness Foundation. Inc., (CAFI), and alleged it to be a not-for-profit Florida corporation. Details of the scheme have recently been revealed in extensive documentation produced to the Town through litigation discovery, including a memorandum from Martin O'Boyle to attorney Robert G. Tweel, Esquire, dated January 28, 2014, which was copied to Joel Chandler. (Exhibit B). In that memorandum, Martin O'Boyle states that he has established Citizen's Awareness Foundation, Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission page 12 Inc. and named three of his long-time employees as directors: Denise DeMartinit, William F. Ring, Jr., and Brenda Russell. Martin O'Boyle also seeks advice from Attorney Tweel as to what his title should be and what specific job descriptions and duties should be designated for all of the employees, including Mr. Joel Chandler. Martin O'Boyle states that he wants to form the corporation as a 501(c)(3), i.e., a federal not-for-profit that will: (t)mvel the State to make public records requests; and to either obtain the public records or if the governmental body does not provide the records (e.g.: they play "hide the ball") that the Corporation will obtain counsel (likely on a contingency basis) to take legal action. In that connection, the Corporation will have offices at 1280 West Newport Center Drive, Deerfield Beach, FL 33442. The law firm that will be used almost exclusively (they are a firm that specializes in public records litigation) will be the O'Boyle Law Firm (lead by my son) and his offices will be at the same address. (Exhibit B). Martin O'Boyle further reveals in the memorandum that his new "not-for-profit" and the new law firm will both be operating from his offices in Deerfield Beach, FL. Martin O'Boyle further proposes in his memorandum to use his company, Commerce Group, Inc., to pay the payroll of this purported not-for-profit CAFI corporation. These payments would be treated as deductible donations, once CAM's tax free status is secured from the Internal Revenue Service. Mr. O'Boyle proposes to secure a line of credit at the bank, and atter the 501(c)(3) non-profit status comes through, to give a lump -sum "donation" to the corporation. We have reviewed the IRS database for not-for-profit charities/entities but found no record of Citizens Awareness Foundation, Inc., as a charity/entity that has either applied for, obtained, or had 501(c)(3) status revoked so it is uncertain whether CAFI ever obtained its 501(c)(3) status. When the Town attempted to ascertain the details concerning Citizens Awareness Foundation, Inc., and Martin O'Boyle's involvement in same, he testified under oath that he has had absolutely no involvement with the Foundation. Specifically, Mr. O'Boyle testified that: Q. So in this lawsuit, can you tell me if —if there is any legal counsel that has been approved by CAFI other than the O'Boyle Law Firm? A. I have nothing to do with CAFI. I'll say it again and I'm saying it the last time. If you ask me again, I won't answer. M. O'Boyle Dep. Vol. II, 174:1-7, Sept. 15, 2014 I According to a recent lawsuit filed against Gulf Stream by Ms. DeMartini, she no longer works for Martin O'Boyle or his companies. LAw OmcPs Or SwElTAPPLE, aROUER & VARKA%P.L. Mayor Scott Morgan Gulf Stream Town Commission Q. On January 27th, CAM was incorporated, and the board was designated to be William Ring, Denise De martini and Brenda Russell, correct? A. I have nothing to do with CAFI, and I'm not going to —that's the last question I'm answering. M. O'Boyle Dep. Vol. II, 174:20-24 Q. CAFFs address, sir, is listed as the same address as Commerce Group; are you aware of that? A. I know nothing about CAFI. M. O'Boyle Dep. Vol. II, 175:6-8 Q. So Brenda Russell is your secretary, and she is one of the directors of CAFI? A. I don't know if she is a director of CAFI. Q. I told you who the three directors are. A. That's what you told me. I don't believe you. Q. So you don't know who they are? A. I just told you I know nothing about CAFI. M. O'Boyle Dep. Vol. 11, 178:21-179:2 THE WITNESS: I know nothing about CAFI. And let me say it 100 times in a row and that way we can save you all this time. M. O'Boyle Dep. Vol. Il, 199:9-11 Q. Who else has funded CAFI, Mr. O'Boyle? A. I don't know. Q. Are you aware of anyone besides you that has provided funds to that entity? A. I know nothing about CAFI. M. O'Boyle Dep. Vol. II, 208:4-8 August IS, 2016 Mr. O'Boyle's testimony, which is clearly contradicted by the documentary evidence, appears to be designed attempt to deflect discovery and investigation into O'Boyle's activities, and is being brought to the Court's attention by Motion. In furtherance of this records -for-profit scheme, O'Boyle's son, Jonathan O'Boyle, registered The O'Boyle Law Firm P.C., Inc., as a Florida law firm, with the law firm's main client to be Citizens Awareness Foundation, Inc., which was being formed at the same time by or through the direction of Martin O'Boyle. Quite clearly, the documents and information obtained indicate that a central LAw OMCESOr SWEL7APPLE, aROEEER & VARR AS, P L. Scott Morgan ream Town Commission August 18, 2016 Pa¢e14 component of O'Boyle's business strategy was for OSoyle to pay agents to make hundreds of public records requests throughout the State of Florida for the purpose of generating public records lawsuits for his son's law firm (Exhibit C). Curiously, at the time The O'Boyle Law Firm was opened in Florida, Jonathan O'Boyle was not a member of The Florida Bar, yet the documents reflect that he assumed a central role in running the law firm and overseeing all of the public records litigation. (Exhibit D). These public records lawsuits by statute can only seek attorneys' fees and costs, not damages. Therefore, CAR and the O'Boyle Law Firm designed their public record requests with the specific intent to make "kill -shots" -that is, they would create a public record situation that guaranteed "non-compliance" by unsuspecting governmental agencies, contractors and not-for-profit charities throughout the State of Florida. (Exhibit E). Then they would sue these entities for their 'non- compliance", and attempt to quickly settle the matters, in most if not all instances for amounts well in excess of the minimal amount of legal time or expenses involved. (Exhibit E). According to its Executive Director, Joel Chandler, the "kill -shot" technique was a central part of CAFI's overall windfall profits strategy (Exhibit F), whereby its lawyers at The O'Boyle Law Firm demanded fees in excess of the actual amount of attorney's hourly time incurred.2 This "windfall profits scheme" formed the basis of Martin O'Boyle's overall business plan, as is evidenced by the memorandum referring to a contingency fee basis—a likely reference to the lode star concept, which, following an appropriate and binding agreement with a client, allows attorneys to obtain multiples of their fees if they are taking work on a contingency rather than a per hour payment basis. (Exhibit B). This plan was approved by Jonathan O' Boyle as evidenced by Joel Chandler's testimony and evidence provided. This plan was also approved by Jonathan O'Boyle, as evidenced by Joel Chandler's testimony and by Jonathan O'Boyle's own exchange with Kevin Tynan, Esq. Until the time Gulf Stream filed its RICO lawsuit against them and exposed these actions, The O'Boyle Law Firm had filed in excess of 100 lawsuits around the State of Florida, including claims against the following private charities and public agencies: • Area Agency on Aging of Central Florida, Inc. • Catholic Charities Diocese of Venice, Inc. • Epilepsy Foundation • Florida Council Against Sexual Abuse • Florida Healthy Kids Corporation • Homeless Coalition of Palm Beach County • Lutheran Services Florida, Inc. • Mascotte Elementary School, Inc. • Northwest Behavioral Health Services, Inc. • South Florida Behavioral Health, and • The Hope Foundation for Autism. A schedule of lawsuits filed by CAM is attached hereto as (Exhibit G). a According to Mr. Chandler, this plan continued despite his protest and is one of the many reasons for his eventual resignation. LAW OFFICES Or SWM7APPIr, aROEKER & VARKAs, P.r_ Scott Morgan August 18, 2016 Palle 15 The O'Boyle Law Firm also employed a man named Jeffrey Gray3 to act as a Plaintiff in their cases and the firm filed in excess of 30 cases on his behalf. Mr. Gray, who is not a lawyer, has admitted under oath that he was paid money from the attorney's fees collected by The O'Boyle Law Firm in his public records cases. Since no damages are recoverable in public records litigation other than attorney's fees, Mr. Gray testified that The O'Boyle Law Firm paid him a portion of the attorney's fees generated upon successful completion of the case (Exhibit H). See also Affidavit of Joel Chandler dated October 27, 2014 (Exhibit I). Mr. Chandler has testified that no contingency agreements were prepared between Citizens Awareness Foundation, Inc., and The O'Boyle Law Firm, and he has further testified that cases were settled by The O'Boyle Law Firm without his knowledge or without written closing statements. (As director of CAR, Chandler was the representative "client" and should have been consulted by its attorneys for approval of CAM settlements and should have received a written document summarizing each settlement). Mr. Chandler also testified that when he protested the manner in which CAR lawsuits and settlements were being made without his consent, he was advised that all offers for settlement were made pursuant to the policies of the O'Boyle Law Firm (as opposed to the direction and best interests of the client). (See Exhibit F). Mr. Chandler also stated that he was paid to train Mr. Christopher O'Hare regarding public records requests and lawsuits. Mr. O'Hare, who filed in excess of 1,000 public records requests targeting the Town of Gulf Stream, has been largely represented by The O'BoyIe Law Firm in lawsuits stemming from many of those requests. In this regard, Mr. O'Hare has filed at least 26 public records lawsuits and 5 non-public records request lawsuits against the Town, its employees or agents. Mr. Chandler expressly advised that "targeting" of municipalities should not be undertaken, yet Mr. O'Hare and Mr. O'Boyle continue to make public records requests of the Town and its agents at the approximate rate of 30 per week. In my opinion, the purpose of this "targeting" conduct of Gulf Stream is to send a message to other governmental entities, contractors and charities throughout the State that any resistance or defense of public records requests and/or lawsuits brought by Citizens Awareness Foundation, Inc., Mr. O'Hare, Mr. O'Boyle and The O'Boyle Law Firm will result in similar treatment and abuse. In essence, the aforementioned group has attempted to make Gulf Stream the poster child of its profit-making public records scheme. The current State of Florida law appears to allow continued broad and unbridled public records requests to be directed at State agencies and contractors, including charities and not -for -profits. If these requests are not fully or timely responded to, the requestor may file suit, which includes a unilateral fee entitlement to the plaintiff. As a result, skilled and knowledgeable plaintiffs can creatively fashion "kill -shots" or requests that are so complicated, intricate or difficult that a complete response is often impossible. This is made even more likely when dozens or hundreds of requests are filed at or near the same time, making it nearly impossible to timely respond to every request. In order to prevail on a claim for attorney's fees, the defendant's response to the public records request must be deemed "unreasonable". In light of the conduct described above and the inordinate burdens placed 3 Jeffrey Gray was also at one point an employee of Citizens Awareness Foundation, Inc. LAw OmcES of SWEErAPPLE. BROEEER & VARRAS, RL Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission page 16 by these plaintiffs against the Town of Gulf Stream, it is my position that the Town has acted reasonably under what can only be described as extremely difficult circumstances. Although, the public's right to obtain and access public records is an important right which should not be eliminated, there must be balance. It is imperative that the Florida legislature review ongoing abuses and schemes arising from public records legislation. Measures to prevent and curtail these abusive activities must be enacted, including, but not limited to, a bad faith exception and reciprocal attorneys' fee provision. However, in the interim, the best and only solution for the Town appears to be to expose these activities and to refuse to succumb to lawsuits that are filed to intimidate, bully, or shakedown the municipality. Settlement of any such lawsuit will only result in additional filings. All municipalities and government contractors must be made fully aware of the nature of these activities and work diligently to combat ongoing and expanding abuses. RAS:cjm Encls. Regards, ROBERT V EET I LAW OMCES Or SW EErAPPIF, BAOEEER & VARRAS. P.L LAW OFFICES Or SWEETAPPLE, BROF,KER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flm&W S=, Ste. 1500 Miami, Florida 33130.6817 Telephone (305) 374-5623 Foeslmlle: (305)358.1023 ROBERT A. SWEETAPPLE ! ` DOUGLAS C. BROEKER AIMANVERD. VARKAS, JR. KADISHA D. PHMPS ALF"DER D. VARKAS, In ASI ILWGH M. GREENE nERKI.EY SWEETAPPLE VITAI.E •, • aoswtvaea:orx =U WAtaa+Ancna,- onanvannmtmm:u arnuAer February 18, 2016 VIA EMAIL Scott W. Morgan, Mayor Town Gf Gulf Stream Commission 100 Sea Road Gulf Stream, Florida 33483 SWEETAPPLE 6: VARKAS, RA 20 S.It 3a Sited time Ratan, Florida 334314914 Talephonc:(361) 392.1230 FaaimBr. (56l) 394-6103 Please Reply Ta: aaealraton rswccl app IcQ sweenppldaw. mm evmlras fweetapplehw.eom gjvarkasftlJswaetappldaw.com bvitala(L`i,sweetupplelaw.eom dta0ey(rrjswcelePPlclaw.cmn dsmllh@3%cnappldaw.eom Re. Martin O'Boyle, ,Tonathan O'Boyle and Christopher O'Hare Dear Mayor Morgan and Commission Members: I have been asked to provide a report regarding the ongoing litigation and activities involving Martin O'Boyle, Jonathan O'Boyle and his law firm, The O'Boyle Law Firm, and Christopher O'Hare. PAST CONDUCT T. Longnort, N.J. I believe it is important for you to understand that the Town's current disputes are not atypical for Martin O'BoyIe. A New Jersey Law Journal reports that Mr, O'Boyle entered into a conflict with the Town of Longporl, New Jersey in 2007, when he was cited for a zoning violation. Mr. O'Boyle is reported to have tiled numerous lawsuits individually, through his corporation, Commerce Group Construction, Inc., and his organization, Citizens for Open Government, LLC. These were lodged against various individuals, the Town and the press. In the case of Martin F O'Boyle v. Peter Isen, 2014 WL .340104 (N.J. Super. A,D.) (a defamation case that Mr. O'Boyle brought and lost) the Superior Court ol'A'ew Jersey, Appellate Division, noted: From September 2007 through carlyJuly 2008, plaintiff [Martin O'Boyle] and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to 13. Longport's only clerk worked part-time, and she did not address the requests within the time required by statute. At one point, the clerk went to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2008, the P Mayor Scott Morgan February 18, 2016 Tmxm of Gulf Stream Commission page 12 Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting govemmeoW services. The solicitor claimed that Longport had received 190 requests on October 16 and 17 and thirty filed October 31, 2007. The Longport dispute included published reports of the flying of planes and banners trailing messages calling the Mayor a "puppet" and other more cryptic enunciation. n. Tennessee In state court litigation in Tennessee, in the case of New Midland Plaza Associates, et. al. v. Wachovia, el. at, Case Number E-18053 in the Blount County Circuit Court, Fifth Judicial District, Judge W. Dale Young (found that: O'Boyle's intent, purpose and strategy in pursuing his claims was to conduct this litigation in a manner which had the maximum financial impact on the defendants.—The purpose and strategy manifested itself in O'Boyle's repeatedly making arguments and taking positions--itnspective of their merits --that would maximize the inconvenience and costs to defendants. More than seven years o f frivolous litigation, litigation spawned by the zealous temperament of O'Boyle, has placed an extreme burden on the clerk of this court over and above the everyday course of business Judge Young also found that Mr. O'Boyle had filed "serial motions" denying he had given inconsistent testimony, wldch motions "served dual improper purposes of attemptingto re -litigate issues upon which the Court had previously ruled and unnecessarily increasing the Defendants' costs." The Court found this conduct sanctionable. An affidavit filed by the trial court noted that it had previously sanctioned [the Plaintiffs] on two occasions in an amount totaling a quarter of a million dollars and twice held them in contempt. in. The Palm Beach County State Attorney The Palm Beach Post reports that in one month, O'Boyle's company, Sweet Aron Boy Blimp Co., LLC, submitted 1,328 request to Arenberg and the Office ofthe 1911 Judicial Circuit State Attorney Bruce Colton... that included 874 requests to Bruce Colton, State Attorney on the Treasure Coast, and 454 requests to Dave Aronbcrg, Palm Beach County State Attorney. More than 1,000 requests were sent over three days, February 25 through 27. IV. Gulf Stream Mr. O'Boyle commenced his assault of public records requests on the Town of Gulf Stream in the spring of 201.3, after he was denied certain variance requests for work on his home. Some 400 Requests were followed by approximately 16 lawsuits. Ultimately, In an attempt to put an end to his LAW Omcu,sm SWErrAWLC BHOHRCR a VAUAS, P.L Mayor Scott Morgan February 18, 2016 Town of Gulf Stream Commission Page 13 conduct, the Town settled with Mr. O'Boyle in July 2013, permitting the improvements besought and paying him $180,000.00. The current onslaught of Public Records Requests and Lawsuits began shortly after the Town settled with Mr. O'Boyle in July 2013. Specifically, just one month atter the settlement, Mr. Christopher O'Iiam began inundatingthe Town with public records requests. from late August 2013, when the Town began keeping detailed logs until the end of the year, Mr. O'Ilare averaged in excess of 100 requests per month. By October 2013, just three months after the Town settled with Mr. O'Boyle, Mr. O'Hare had filed his first public records suit. More than one doyen lawsuits had been served on the Town by January 2014. The O'Boyle Law Firm, which had been formed by Jonathan O'Boyle in Pennsylvania in November 2013, began operating in Florida in mid-January 2014 and immediately began filing public records suits against the Town on behalf of both Mr. O'Hare, Mr. O'Boyle and Citizens Awareness Foundation, Inc. With dozens of lawsuits pending, Martin O'Boyle, Christopher O'Hare and various individuals or entities affiliatedwith them continued to make hundreds of public records requests to theTownovcr the past 2 %years. Ultimately, they have madc approximately 2,000 publicrecords requests. These have included numerous requests by Mr. O'Hare using pseudonyms mocking Town officials suchas: Gonna White, Groan Otthwein, Bil ly Trasher and Bobby Gangrene. Requests havealso been routinelymade by email in high volumes and outside of regular business hours, making itnearly impossible for Town staff to keep up. Ibis includes 40 requests made in a 4 hour period on a Sunday. V. Citizens Awareness Foundation, Inc. During July of 20141 received an unsolicited email from Joel Chandler, a former Director of Citizens Awareness Foundation, Inc, ("CAF171, an alleged Florida not-for-profit Company. Mr. Chandler advised and swore in an affidavit that CAM and The O'Boyle Law Firm were established and funded by Martin O'Boyle. Both were located in the O'Boyle offices and run by O'Boyle, his employees, and designees. The ultimate goal of the enterprise was to file at least one hundred public records lawsuits per month against public entities and State contractors throughout Florida. All litigation would then be fed to The O'Boyle Law Firm. The law firm would then demand and colloct more in fees than it had expended in billable time in what Mr. Chandler described as the "windfall scheme." Defendants would find it less expensive to settle than to engage counsel or litigate. (See Chandler Affidavit and exchange of emails attached as composite Exhibit "A'J. As a result of these alleged activities, Mr. Chandler quit his job and statod that he was notifying victims of this conduct. Iic further indicated that Mr. O'Boyle personally caused hundreds of public records requests and two lawsuits to be filed against the Town of Gulf Stream on behalf of CAR without Mr. Chandler's knowledge or approval. Public records reveal that on behalf of CAFI as of one yearago, the O'Boyle LawFirm, has filed more than 100 lawsuits against various government entities, government contractors and not-for-profit :.AW OFRCFSOF SWnrAFF(.r. BROCKCR& PARKAS. P Mayor Scor Margmi February 18, 2016 Town of Gulf Stn:am Commission Page 14 entities (including the Area Agency on Aging of Palm Beach Treasure Coast, Homeless Coalition of Palm Beach County and the Hope Foundation for Autism). The Florida Bar News and other publications have now extensively reported this conduct as a scam and the legislature is discussing proposed changes to the Florida Statutes. VI. Pending Litigation Currently pending against the Town are nearly 40 public records cases which have been filed by Mr. O'Hare, Mr. O'Boyle or entities owned or controlled by O'Boyle. These lawsuits are largely being advanced by The O'Boyle Law Firm. In essence, Mr. O'Hare and Mr. O'Boyle have Filed thousands of Public Records Requests inundating the Clerk of the Town to frustrate her ability to comply with the requests. Thereafter suits arc brought complaining about the speed and accuracy of the responses and seeking attorney's fees and costs that the current version of the Public Records Act only permits a plaintiff to recover. The plaintiffs have not succeeded on any of their publie records claims and have dismissed several of them after motions for sanctions were filed. The only case to have gone to conclusion was won by the Town and has been appealed by Mr. O'Boyle. We intend to notice the remainder of the cases for trial as soon as possible. Various additional claims have been brought by Mr. O'Hare and Mr. O'Boyle against the Town and its elected officials, employees and contractors including Mayor Morgan, Burrbrasher, Special Magistrate lard Donlon, Chief Ward and Mnrty Minor with urban Design Kilday for alleged Federal and State civil rights violations. These claims are being handled by insurance counsel. The Town has obtained favorable dismissals of several of these suits, one of which wasjust affirmed on appeal by the Federal Appeals Court and resulted in a favorable fee award against Mr. O'Boyle for his frivolous filing, Mone of these claims have been decided in favor of Mr. O'Hare or Mr. O'Boyle, Lawsuits have been filed against the Town's attorneys, including three suits against my lint or me personally and a lawsuit against Joanne O'Connor and Skip Randolph. Particularly frustrating is the fact that one of these lawsuits arose after Mayor Morgan, Ms. O'Connor and I met to confidentially discuss a potential settlement with Mr. O'Hare and his counsel, Louis Roeder and Mark Hanna. Mr. O'Boyle has sued complaining that this settlement conference violated the Sunshine Law even though Mayor Morgan was the only city government representative in attendance. Rthic:s Complaints have been brought against me, Mr. Randolph and Mayor Morgan. These have all been dismissed. Mr. O'Boyle has repeatedly flown planes towing banners over West Paha Beach and Gulf Stream denigrating the Town's attorneys and officials. More recently, the attempts to particularly target the attorneys defending the public records cases has intensified as some 200 records requests were sent to almost every attorney at Mr. Randolph's law firm in late November and December apparently by Mr. O'Hare. VII ConvIusion In 35 years of practicing law and litigating cases throughout the State of Florida and the United States I have never encountered this type of a concerted pattern of abusive conduct directed at a local Uw OmcEsor SWrCI APPLE. BROERER h VARRAS, P.:. Mayor ScottMorgan Town of Gulf Strum Commissiun February 18, 2016 Page 15 government. It is clear to me that the O'Boyles and Mr. O'Harc engage in this conduct to cause the Town to accede to their demands. I hope that my report has helped you understand the nature and scope of the litigation and actions that the Town has been defending. RAS:cjb Enclosures Regards, ROBERT A. SWEETAPPLE LAw Orms or $W EETIPPU' aaorREa k VAAXM.71. AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: I. My name is JOEL CHANDLER, 2. I am over eighteen (18) years of age. 3. 1 am a resident of Polk County, Florida, 4. I have personal knowledge of every assertion made in this affidavit.' 5. Citizens Awareness Foundation, Inc., (herein "CAR"), was formed as a Florida not-for-profit corporation by Martin O'Boyle In concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014,1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFI." 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAR, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT 9. During January or February of 2014,1 participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweet, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweet the absolute necessity that CAFI be a legitimate not -far -profit entity. This included, but was not limited to, the requirement that CAM use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweet and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which 1 would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMardni to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAN were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction 1 drafted and signed a proposed memorandum of understanding regarding my employment by CAFI.1 have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17.1 served as the Executive Director of CAR for approximately five (5) months, through the end of June 2014. 18. 1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, l had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAFI and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle, 24. Despite assurances that CAFI would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm, 25. Throughout my tenure with CAFI, i repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Finn. William Ring, CAFI's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, I was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFE, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAM nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. it became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAFI lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFL He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAR, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation, 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure:' 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that l objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAFI in filing additional lawsuits. 52. After resigning from CAM I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, l had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my email ing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. 1 sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and 1 was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58. I believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Marlin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAM as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private anomeys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O' Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61. I then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan 0 O'Boyle, CAM and the O'Boyle Law Firm. l also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAM's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned Iegal fees from defendants as a condition of settlement. 66. Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that 1 provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, 64. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the laking of my sworn statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETII NAUGIi . JO ANDLER SWORN TO AND SUBSCRIBED before me thisl�;L7 day of October, 2014. M1, AMBER COLSa11 KELLY Holaty Pu60c-Biala of noada yMy Comm. Expires May 31.2015 Commission M EE IEE909 Personally known Produced Identiication rryy Identification produced: _ V� I WS/q, C— 'ARY PUBLIC My Commissions Expires: " a-LD)s Page I of I From: "Ryan Witmer" <rwitmerdu couuncrcc•group.cum> Pate: Tuesday, January 14, 2014 6:27 PM To: "Joel Chaadl&" <joel.chandlLT@fogwatch.org> Subject. RE: New case Joel - regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-574-6885 Cell: 717-201-3097 Fax:954-360-0807 RWitmer@commerce-group.com -----Original Message ----- From: Joel Chandler (malltojoel.chandler@fogwatch.org) Sent: Sunday, January 12, 2014 4:08 PM To: Ryan Witmer Subject: New case I have been having technical issues with DropBox and was just now able to send you a like to the records and videos we discussed yesterday. Please confirm your access to those files, At some point I'd like to talk again with you about our work. One obvious question that comes to mind is how many cases are your guys able to take where you're paying the filing fees? Joel Chandler (863) 660-4244 ioel.chandler@fogwatch.org www.FogWatch.org Page I of 3 From: "Ryan Witmer" mvitmcr®ccm nerce-group.com> Date: Wednesday, January 15, 2014 9:59 AM To: "Joel Chandler" <joal,chandlcr@fopvateh.org> Subject: RE: New case Joel - is there a good time to chat this afternoon? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-574-6885 Cell: 717-201-3097 Fax:954-360-0807 RWitmer@commerce-group.com -----Original Message ----- From: Joel Chandler[mailto:joel.chandler@fogwatch.org) Sent: Tuesday, January 14, 2014 8:14 PM To: Ryan Witmer Subject: Re: New case Well, that's an interesting question. In the Fall of 2012 an attorney asked me to come up with public records cases with a very specific set of facts and I was able to bring him 101 cases in the space of about six weeks. Each case had nearly perfect facts and was what I refer to as a "triple A" or a "kill -shot" What I'm trying to gauge is how many cases you guys are comfortable doing on a contingency basis if 1.) you are fronting the filing fees; 2.)the cases have perfect facts; 3.) the denials are either clearly stated in writing or video records if they are in person; 4), the plaintiff is ideal (willing to settle or go as far as the attorneys want - no media issues, etc.). We need to figure out the economics of this - who gets paid and how - and then how many cases we want to do and roll with it. The alternative to filing fees may be creating a state not-for-profit with no assets, income or bank account and filing for indigent status. I am confident that we would have to litigate that issue and it would go up on appeal. Once the establishment figured out what we are trying to do they would expend enormous resources to stop us. But if we puled it off there would be no limit to the number of cases that we could file. The less conspicuous method is just to pay the filing fees and go for the throat and get paid 7/t A✓7niA Pagc 2 of 3 quickly. Joel Chandler (863) 660-4244 ioel-chandler@fogwatch.org www.FogWatch.org On Jan 14, 2014, at 6:27 PM, Ryan Witmer <rwitmer@commerce-group com> wrote: > Joel - regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? > Ryan L Witmer, Esq. > 1280 West Newport Center Drive > Deerfield Beach, FL 33442 > Office: 954-574-6885 > Cell: 717-201-3097 > Fax -,954-360-0807 > RWitmer@commerce-group.com > ----Original Message----- • From: Joel Chandler [mailtojoei.chandler@fogwatch.org) > Sent Sunday, January 12, 2014 4:08 PM > To: Ryan Witmer > Subject New case > I have been having technical issues with DropBox and was just now able to send you a like to the records and videos we discussed yesterday. Please confirm your access to those files. > At some point I'd like to talk again with you about our work. One obvious question that comes to mind is how many cases are your guys able to take where you're paying the filing fees? > Joel Chandler > (863) 660-4244 > ioel.chandler@fogwatch.org > www.FogWatch.org 711617014 Page 3 of 3 7/16!7.014 mac;' IC�i MEMORANDUM 1ME01e69.Ds21 TO: Robert G. Tweel, Esquire - E -Mail FROM: Martin E. O'Boyle DATE: January 28, 2014 RE: Citizens Awareness Foundation, Inc. 1. With regard to the caption, on January 20, 2014 we set up a corporation. The name and address of the corporation is as follows: Citizens Awareness Foundation, Inc. 1280 West Newport Center Drive Deerfield Beach, FL 33442 2. The Directors of the Corporation are as follows: Denise DeMartini, William F. Ring, Jr. and Brenda Russell. Note; Joel Chandler who is an employee of the Corporation would like to use the name Executive Director on his business cards and he would like to hold himself out as Executive Director. Please let me know if there are any reasons why we should not allow him to use that title. 3. The undersigned does not have a title as of yet. Will I need to have a specific title? If so, what should it be? 4. Should there be specific job descriptions/ duties for all employees, Mr. Chandler, myself and any others which we may hire (and I understand that we are in the process of hiring at least one more)? ,needito?.get business cardsfor eaelgarty. 6 We nt eci;fiJ obtain stationery. ' This was set up electronically on the evening of January 24, 2014 by Marrett Hanna. Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 2 This Corporation is intended to be a 5016 that will have employees that will travel the State to make public records requests; and to either obtain the public records or if the governmental body does not provide the records (e.g.: they play "hide the ball") that the Corporation will obtain counsel (likely on a contingency basis) to take legal action. In that connection, the Corporation will have as its offices 1280 West Newport Center Drive, Deerfield Beach, FL 33442. 8. The law firm that will be used almost exclusively (they are a firm that specializes in public records litigation) will be the O'Boyle Law Firm (lead by my son) and his offices will be at the same address. Please let me know if you see this as problematic in any respect. 9. We need to determine how we will pay payroll. I query whether we could have payroll made from the Commerce Group Account or whether there will have to be separate accounts. My concern here is comingling, although it does not seem that it should be problematic since essentially if all payroll was paid from the Commerce Group Account and the Corporation reimbursed Commerce, it would be akin to the Corporation renting the employees from Commerce. These same questions would apply to workmen s compensation insurance and to health insurance. 11. Attorney Marrett Hanna has performed the work on this Corporation thus far. In that connection, she has generated the following documentation; A. Articles of Incorporation - filed - confirmation not yet received B. By Laws - a draft is attached. 'Attorney William Ring is the incorporator. P/NPR/L/A/CAFI bar Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 3 12. Further to the above, I need to know what additionally needs to be filed at all levels. As an example, are there additional filings that have to be made with the State at this time? What filings have to be made with the Federal Government, including the IRS? Will you be handling those filings? 13. I have never operated a 5016 Corporation. Could you provide me with a list of the "dos and don'ts" for the Corporation? In that regard, I would also like to know what the absolute have tos are and the absolute dont dos are. My goal is to make sure that we operate in the most proper of manners. 14. My understanding is it takes several months to obtain the tax free status from the Internal Revenue Service. If that is not true, please explain. If that is true, please explain how this corporation will be funded if the money is not tax exempt. I was told (by a layman) that once the application is made with the IRS that the tax free status is retroactive to the application. Of course, I cannot confirm or deny the validity of that statement. Also, I assume that once we obtain the 501c3 status that all monies coming in from all sources in all amounts will be deductible to the person making the donation. Please confirm the correctness there. 15. Although I touched on it lightly above, can you tell me what the timing is in obtaining the tax free status from the Internal Revenue Service. 16. With regard to getting money into the Corporation until it becomes a 5016, assuming there is not a simple way to do it, what I thought of doing is having the 5016 get a line of credit at the bank (I would secure it with my funds) whereupon they can borrow money to operate. When the 5016 came through, I could then give a donation to the Corporation which would be used to pay off the debt and perhaps have additional funds available to it as part of that donation. Please give me your thoughts in that regard. 17. With regard to health insurance, I touched on that above. Thatis a Rnisg issue; P/NPR/L/A/CAF! bar Memorandum to Robert G. TweeI, Esquire January 28, 2014 Page 4 18. The registered agent is Christine Defilippis3 - Marred says there are no officers. 19. We are hoping this Corporation will be a 5016 Corporation, please let me know if the Corporation needs to be capitalized; and how that should be done. 20. With regard to our many corporations, we are very "loose" as applies to corporate governance, annual meetings, etc. With a tax free, could you tell me the strictness in those areas? Also, can you let me know what filings (beyond those of a typical corporation) are required? Again, I do not want to operate the Corporation improperly and run the risk of losing its charter or tax exempt status. 21. I believe I asked this question earlier, but are there any limitations on donations? If so, are there any limitations on who the donations may come from? 22. We need to adopt an Employee Handbook.+iE 1, DeP9cg!isue' Note: When doing so, we should prepare a "cheat sheet' explaining the salient points including payroll. As you can see, I have multiple questions and I have probably missed several questions which I will need your input on. Some questions that I have are: (a) when can we get started; and (b) what is the approximate cost to get us to where we need to go? P.S. Please disregard the highlighted areas. 3 We will likely change the Registered Agent P/NPR/L/A/CAFI bar CITIZENS AWARENESS FOUNDATION. INC Name: CITIZENS AWARENESS FOUNDATION, INC. ARTICLE 1. OFFICES Principal Office. Citizens Awareness Foundation, Inc. ("Corporation") may have offices, either within or without the State of Florida, as the Board of Directors ('Board") may designate or as the affairs of the Corporation may require from time to time. ARTICLE 2. MISSION STATEMENT AND SPECIFIC PURPOSE. 2.1 Mission Statement. Citizens Awareness Foundation, Inc. is a nonprofit, nonpartisan enterprise whose mission is to help the public understand how to effectively deal with the multitude of government entities, government officials and bureaucratic red tape. Our goal is to educate and empower members of the public so that they can meaningfully inform themselves and better participate in the democratic governments in the United States. 2.2 Specific Purpose. The Corporation's specific purpose is organized as follows: 1) to provide programs and information, which seek to meet the educational needs of those individuals who engage or are involved with government and its officials; and 2) to encourage citizens to monitor and to participate in the process of government. ARTICLE 3. BOARD OF DIRECTORS 3.1 General Powers. The affairs of the Corporation shall be managed by the Board Directors need not be residents of the State of Florida. 3.2 Number and Tenure. The Board shall he composed of no fewer than three (3) Directors. The number of Directors may be changed from time to time by amendment to these Bylaws but no decrease in the number of Directors shall have the effect of shortening the term of any incumbent Director. A Director shall hold office for a term of one (1) year, or until he or she dies, resigns or is removed by a majority vote of the Directors under Section 2.10 of this Article. 3.3 Regular Meetings. By resolution, the Board may specify the time and place either within or without the State of Florida for holding regular meetings without other notice than such resolution. 3.4 Special Meetings. Special Board meetings may be called by or at the request of the President, the Secretary, or any two (2) Directors. The person or persons authorized to call special meetings may fix any place either within or without the State of Florida as the place for holding any special Board meeting called by them. 3.5 Notice of Special Meetings. Written notice stating the place, day, and hour of each special Board meeting shall be delivered personally or by mail, facsimile, electronic mail or telegraph to each Director at his/her address shown on the records of the Corporation at least two (2) 1 days before the meeting. Notice shall be effective upon delivery at such address, provided that notice by mail shall also be deemed effective if deposited in the United States mail properly addressed with postage prepaid at least five (5) days before the meeting, notice by facsimile or electronic mail shall be deemed effective when transmitted, and notice by telegraph shall also be deemed effective if the content thereof is delivered to the telegraph company at least three (3) days before the meetings. Neither the business to be transacted at, nor the purpose of any special meeting, need be specified in the notice of such meetings. 3.6 Waiver of Notice. 3.6.1 Whenever any notice is required to be given to any Director under the provisions of these Bylaws, the Articles of Incorporation, or the State of Florida Not for Profit Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board need be specified in the waiver of notice of such meeting. 3.6.2 The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. 3.7 Quorurn. A majority of the total number of Directors shall constitute a quorum for the transaction of business at any Board meeting but, if less than a majority is present at a meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice. 3.8 Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board, unless the act of a greater number is required by law or by these Bylaws. 3.9 Resignation. Any Director may resign at any time by delivering written notice to the President or the Secretary, or to the registered office of the Corporation, 3.10 Removal. A Director may be removed from office upon the vote of a majority of the remaining Directors. 3.11 Vacancies. Any vacancy occurring on the Board may be filled by the vote of a majority of the remaining Directors. Unless he/she dies, resigns, or is removed, a Director so elected shall hold office until his/her successor is elected. 3.12 Presumption of Assent. A Director of the Corporation present at a Board meeting at which action on any corporate matter is taken shall be presumed to have assented to the action taken unless his/her dissent is entered in the minutes of the meeting, or unless he/she files his/her written dissent to such action with the person acting as the Secretary of the meeting before the adjournment thereof, or unless he/she forwards such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. A Director who voted in favor of such action may not dissent. 3.13 Compensation. Directors shall not receive any stated salaries for their services, but by Board resolution, Directors may be paid their expenses, if any, of attendance at each Board or committee meeting, or a fixed sum for attendance at each Board or committee meeting; but nothing herein shall be construed to preclude any Director from receiving compensation for services rendered to the Corporation. 3.14 Loans. No loans shall be made by the Corporation to any of its Directors. 3.15 Meeting by Conference Telephone. Members of the Board may participate in a meeting by means of conference telephone or similar communications equipment provided all persons participating in the meeting can hear each other and such participation shall constitute presence in person at the meeting. 3.16 Action by Board without a Meeting. Any action which could be taken at a meeting of the Board may be taken without a meeting if a written consent setting forth the action so taken is signed by each of the Directors. Any such written consent shall be inserted in the minute book as if it were the minutes of a Board meeting. 3.17 Committees. The Board, by resolution, adopted by a majority of the Board, may designate and appoint one (1) or more committees to advise the Board. If the committee shall have and exercise the authority of the Board in the management of the Corporation, it shall consist of no fewer than two (2) Directors. ARTICLE 4. OFFICERS. 4.1 Number. The officers of the Corporation shall be a President, a Secretary, and a Treasurer, each of whom shall be elected by the Board A Chair of the Board, one (1) or more Vice Chairs, and such assistant officers as may be deemed necessary may be elected or appointed by the Board; such officers and assistant officers to hold office for such period have such authority and perform such duties as may be provided by resolutions of the Board. The Board may delegate to any officer or agent the power to appoint any such subordinate officers, or agents, and to prescribe their respective terms of office, authority, and duties. Any two (2) or more offices may be held by the same person, except the offices of President and Secretary. 4.2 Election and Term of Office. The officers of the Corporation shall be elected annually by the Board Unless he/she dies, resigns, or is removed, each officer shall hold office until his/her successor is elected. 4.3 Resignation. Any officer may resign at any time by delivering written notice to the President, the Secretary, or the Board 4.4 Removal. Any office or agent elected or appointed by the Board may be removed by the Board whenever in its judgment the best interests of the Corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the person so removed. 4.5 Vacancies. A vacancy in any Office because of death, resignation, removal, disqualification, or any other cause may be filled by the Board for the unexpired portion of the term. 4.6 President. The President shall be chief executive officer of the Corporation and, subject to the Board's approval, shall supervise and control all of the assets, business, and affairs of the Corporation. The President shall preside over all Board meetings unless the Chair, if any, is present. The President may sign deeds, mortgages, bonds, contracts, or other instruments, except when the signing and execution thereof have been expressly delegated by the Board or by these Bylaws to some other officer or agent of the Corporation or are required by law to be otherwise signed or executed by some other officer in some other manner. The President may appoint or remove any staff or consultants for the Corporation and establish the rate of compensation for any such staff person or consultant. In general, he/she shall perform all duties incident to the office of President and such other duties prescribed by the Board from time to time. 4.7 Secretary. The Secretary shall; (a) keep the minutes of meetings of the Board in one (1) or more books provided for that purpose; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c) be custodian of the corporate records; (d) keep registers of the post office address of each Director, (e) sign with the President, or other officer authorized by the President or the Board, deeds, mortgages, bonds, contracts, or other instruments, except when the signing and execution thereof have been expressly delegated by the Board or by these Bylaws to some other officer or agent of the Corporation; (f) prepare and submit an annual report as required by the State of Florida Not for Profit Corporation Act, and (g) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board. In the absence of the Secretary, an Assistant Secretary may perform his/her duties. 4.8 Treasurer. If required by the Board, the Treasurer shall give bond for the faithful discharge of his/her duties in such sum and with such surety or sureties as the Board shall determine. He/she shall have charge and custody of and be responsible for all funds and securities of the Corporation; receive and give receipts for moneys due and payable to the Corporation from any source whatsoever, and deposit all such moneys in the name of the Corporation in banks, trust companies or other depositories selected in accordance with the revisions of these Bylaws; and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him/her by the Chair or by the Board. In the absence of the Treasurer, an Assistant Treasurer may perform his/her duties. 4.9 Chair of the Board. The Chair of the Board (if the Board of Directors so deems advisable and selects one) shall be an officer of the Corporation and, subject to the direction of the Board of Directors, shalt perform such executive, supervisory, and management functions and duties as may be assigned to him/her from time to time by the Board. He/she shall, if present, preside at all meetings of the Board of Directors. 4.10 Salary. The officers shall not receive any salary for their services. Officers may be reimbursed for their expenses. No loans shall be made by the Corporation to its officers. ARTICLE 5. MEMBERS This Corporation shall have no members. ARTICLE 6. CONTRACTS, LOANS, CHECKS AND DEPOSITS 6.1 Contracts. The Board may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the name of, and on behalf of, the Corporation. Such authority may be general or confined to specific instances. 6.2 Loans. No loans shall be contracted on behalf of the Corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board. Such authority may be general or confined to specific instances. 6.3 Checks, Drafts, Etc. All checks, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation shall be signed by such officer or officers, or agent or agents, of the Corporation and in such manner as is from time to time determined by resolution of the Board. 6.4 Deposits. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board may select. 6.5 Gifts and Contributions. The Treasurer may accept on behalf of the Corporation any contribution, gift, bequest, or device as may be consistent with the established purposes of the Corporation and as may be permitted by any applicable local, state, or federal law. 4 6.6 The Corporation has been formed for the purpose of fulfilling the mission statement described in Article 2 of these bylaws and it shall be non-profit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Corporation shall not substantially participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. 6.7 Legal Action. When legal action is deemed appropriate, the Board may authorize any officer or officers, or agent or agents, or appoint an Executive Director to pursue any action is the name of, and on behalf of, the Corporation. Such authority may be general or confined to specific instances. ARTICLE 7. BOOKS AND RECORDS The Corporation shall keep correct and complete books and records of account, minutes of the proceedings of its Board, and such other records as may be necessary or advisable or required by law at the registered or principal office of the Corporation. All books and records of the Corporation may be inspected by a Director for any proper purpose at any reasonable time, upon reasonable notice to the Secretary of the Corporation. ARTICLE 8. FISCAL YEAR The fiscal year of the Corporation shall be the calendar year, provided that if a different fiscal year is at any time selected for purposes of federal income taxes, the fiscal year shall be the year so selected. ARTICLE 9. EXECUTIVE COMMITTEE 9.1 Number. Tenure and Oualiftcations. The Board, by majority vote, may elect from its members an Executive Committee, which will assist in preparing and implementing Corporation policies and programs. The number of members of the Executive Committee shall not be less than three (3), including the Chair of the Board of Directors, if any. The members shall serve for one (1) year or until they are reelected or their successors are elected. 9.2 Powers. The Executive Committee shall have the authority to direct and oversee the implementation by the Executive Director of policies, initiatives, and programs recommended by the Board. The Executive Committee shall also have the authority to approve and oversee the budget and approve contracts on behalf of the Corporation 9.3 Chair of the Executive Committee. The Char of the Board of Directors or the President shall serve as Chair of the Executive Committee. 9.4 Meetinas. The Executive Committee shall meet, from time to time, when any such meeting is called by the Chair, or by a majority of the members of the Executive Committee. Notice for such a meeting shall be delivered orally or in writing twenty-four (24) hours in advance of the meeting. 9.5 Quorum. A majority of the members of the Executive Committee shall constitute a quorum for the transaction of business at a meeting of the Executive Committee. 9.6 Manner of Acting. The act of a majority of the members present at a meeting of the Executive Committee which a quorum is present shall be the act of the Executive Committee. 9.7 Action by the Executive Committee without Meeting. Any action which would otherwise be taken at a meeting of the Executive Committee may be taken without a meeting if such action is approved, in writing, by all of the members of the Executive Committee. 9.8 Meeting by Conference Telephone. Members of the Executive Committee may participate in a meeting by means of conference telephone or similar communications equipment provided all persons participating in the meeting can hear each other. ARTICLE 11. INDEMNIFICATION To the full extent permitted by the General Corporation Law of the State of Florida the Corporation shall indemnify any person who was or is a party to any civil, criminal, administrative, or investigative action, suit, or proceeding by reason of the fact that he/she is or was a Director or officer of the Corporation, or is or was serving at the request of the Corporation as a Director or officer of another corporation, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and necessarily incurred by him/her in connection with such action, suit, or proceeding; and the Board may, at any time, approve indemnification of any other person which the Corporation has the power to indemnify under the General Corporation Law of the State of Florida. The indemnification provided by this Article shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract. The foregoing shall not apply to matters as to which any such person shall be adjudged in such action, suit, or proceeding to be liable for negligence or misconduct in the performance of a duty. The Corporation may purchase and maintain indemnification insurance for any person to the extent permitted by applicable law. ARTICLE 12. AMENDMENTS These Bylaws may be altered, amended, or repealed and new Bylaws may be adopted by the Board at any regular or special meeting of the Board. ARTICLE 13. DEDICATION OF ASSETS. The properties and assets of this non-profit corporation are irrevocably dedicated to charitable purposes. No part of the net earnings, properties or assets of this Corporation on dissolution or otherwise, shall inure to the benefit of any member, private individual, or Director of this Corporation. On liquidation or dissolution, all properties, assets and obligations shall be distributed and paid over by the Board of Directors to an organization dedicated to purposes of charitable service consistent with the purposes and mission of the Community Center, provided such organization continues to be dedicated to the exempt purposes as specified in Internal Revenue Code section 501(a)(3). ARTICLE 14. PROHIBITED ACTIVITIES Not withstanding any other provision of these bylaws, no Director, Officer, member, employee or agent of this Corporation shall take any action or carry on any activity by or on behalf of the Corporation not permitted to be taken or carried on by an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or any successor provision or provisions thereto. ARTICLE 15. NON-PARTISAN ACTMTIES. The Corporation has been formed for the purpose of fulfilling the mission statement described in Article 11 of these bylaws and it shall be non-profit and nonpartisan. No substantial part of the activities of the Corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation. The Corporation shall not substantially participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The foregoing Bylaws were adopted by the Board of Directors on the day Of 2014. Secretary d ,, Thursday, July 21, 2016 at 3:42:25 PM Eastern Daylight Time Subject: RE: Update and a new idea Date: Thursday, February 13, 2014 at 9:29;15 AM Eastern Standard Time From: Marty O'Boyle To: Joel Chandler Joel —WOW! Interesting stuff. In any event, I'm not sure that I understand the full import of what you are saying; and I is likely best that we discuss face to face. What time will you be down on Wednesday? Maybe we could spend some time together discussing your thoughts below, Dinner? Will you be staying with us? Let me know Martin E. O'Boyle, Commerce Group, Inc 1280 W. Newport Center Drive Deerfield Beach, Fl, 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: mobovle@comMgMg-groun.cOm Web Page: www.commerce-grou .com From: Joel Chandler[mailto:joelchandler@citizensawarenessfoundatlon.orgj Sent: Wednesday, February 12, 2014 10:20 PM To: Marty O'Boyle Subject: Update and a new idea Marty, Today I had a very productive meeting with Florida Senate President Don Gaeti regarding various open government issues. My wife Debbie and I meet with Don and his Senior Policy Advisor Lisa Vickers for about an hour. During our meeting Don asked me to review a number of legislative proposals that are planned to be introduced during the upcoming session. Several of those will, if they pass, have a significant impact on both the foundation and the firm. Chief among those is a proposal to award fees for litigating over fees. There is also a proposal that would require annual public records training for all public employees. That alone would create a cottage industry for folks like us and Barbara Petersen. There is also a proposal to impose a daily fine if state contractors violate the the Public Records Act. My sense is that. some will pass and others will get stalled in committee. In any event, the Senator was very enthusiastic about CAIN. I think we have a sympathetic ear in Tallahassee, In the morning I will be meeting with Barbara about coordinating efforts between the FAF and CAR Page 1 oft One idea that 1 am considering is offering to help with the bot -line. As it stands several dozen folks each month contact the FAF looking for a referral to an attorney in an open government matter. Barbam bas expressed fivstration that few if any attorneys are willing to take cases on a contingency basis. Moreover, she feels slighted that those who do take cases give nothing back to the FAF. Pm thinking we can help with both of those concerns, First, I would like to offer to assist with the referral issue by gently steering cases to Jonathan. I would suggest that Jonathan join the FAF (it's a couple of hundred bucks per year) and make a modest donation if and when cases settle. Maybe 10%. That would be a lot more than they are getting now. Second, if CAFI could make a "litigation grant" to cover the filing fees it would bolster the foundations image statewide and help solidify our relationship with the FAF. Essentially, instead of the filing fees being paid by the firm in these case it would be provided as a grant by CAFI. It's all coming from the same place but it would buy a lot of love from Barbara and more importantly the Florida Society of News Editors who fund the FAF. Barbara and I are also going to discuss joint events such as seminars and panel discussions sponsored by CAFI. It won't cost much for each event and will get lots of media. My plan is to invite local political figures (e.g. Matt Gaetz - Don's son who serves in the House of Representatives), the editor of the local newspaper, some hostile attorney (who will refuse to show up) and Barbara Petersen. I plan to be back in South Florida next Wednesday night: I'll be in the office at least part of the day on Thursday and/or Friday. I have a meeting with the President of the Society of Professional Journalist on Friday night in Fort Lauderdale. We are planning to discuss using CAM to intervene in cases where reporters are denied access to records. Hopefully that will funnel cases to Jonathan from news outlets around the state. Any way that's the update. More cases are coming and I'm having the time of my life Best regards, Joel Chandler, Executive Director The Citizens Awareness Foundation, Inc. 1286 West Newport Center Drive Deerfield Beach, Florida 33442 (863) 660-4244 Cell Phone (888) 830-3769 Help Line JoelChandler@CitizensAwareneesFoundation ore Page 2 of 2 Friday, July 22, 2016 at 12:51:49 PM Eastern Daylight Time Subject: DFC link on 3/23/14 spreadsheet. Date: Monday, April 14, 2014 at 6:28:07 PM Eastern Daylight Time From: Jonathan O'Boyle To: 'Joel Chandler(joelchandier@citizensawarenessfoundation.org)' Hey Joel the DFC link is not working. I have assigned myself the case. Any chance you got a link to that video. It was labeled as number 26 an your 3/23/14 spreadsheet. Jonathan O'Boyle, Esq. The O'Boyle Law Firm, P.C. Pennsylvania Office 1001 Broad St. Johnstown, PA 15906 Tel:561-758-1Z23 Fax: 215-893-3641 iobside Pobovieiawffrm. com Florida Office 1286 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 954-360-0807 j ob ovl a hob ovietawfirm.com Page 1 of I Thursday, July 21, 20!6 at 3:41:03 PM Eastern Daylight Time Subject; RE: New case Date: Wednesday, January 15, 2014 at 10:59:01 AM Eastern Standard Time From: Ryan Witmer To: Joel Chandler Joel - is there a good time to chat this afternoon? Ryan L Witmer, Esq. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Office: 954-5746885 Cell: 717-201-3097 Fax: 954-360-0807 EWitmerPcommerce-grouo tom ---Original Message— From: Joel Chandler rnailto:ioeLchandlerCafoewatchornl Sent: Tuesday, January 14, 2014 8:14 PM To: Ryan Witmer Subject: Re: New case Well, that's an interesting question. In the Fall of 2012 an attorney asked me to come up with public records cases with a very specific set of facts and I was able to bring him 101 cases In the space of about six weeks. Each case had nearly perfect facts and was what I refer to as a "triple A" or a "kill -shot." What I'm trying to gauge is how many cases you guys are comfortable doing on a contingency basis if 1.) you are fmntingthe filing fees; 2.)the cases have perfect facts; 3.) the denials are either clearly stated in writing or video records if they are In person; 4). the plaintiff Is ideal (willing to settle or go as far as the attorneys want - no media issues, etc.). We need to figure out the economics of this -who gets paid and how -and then how many cases we want to do and roll with it. The alternative to filing fees may be creating a state not-for-profit with no assets, income or bank account and filing for indigent status. I am confident that we would have to litigate that issue and it would go up on appeal. Once the establishment figured out what we are trying to do they would expend enormous resources to stop us. But if we puled It off there would be no IimIt to the number of cases that we could file. The less conspicuous method is just to pay the filing fees and go for the throat and get paid quickly. Joel Chandler (863)660-4244 i0el chandlerPfoawatch orr www.FogWatch.org On Jan 14, 2014, at 6:27 PM, Ryan Witmer<rwitmerlracommr �m> wrote: Joel - regarding your second question below, " how many cases are your guys able to take where you're paying the filing fees?" - what do you have in mind? Ryan L Witmer, Esq. 1280 West Newport Center Drive Page 1 of2 Deerfield Beach, FL33442 Office: 954-574-6885 Cell: 717-201-3097 Fax: 954-360-0807 RWitmer commerce arougcam --Orlginal Message— From: Joel Chandler fmallto:foel.chandlertDfoa atchQMj Sent: Sunday, January 12, 2014 4.08 PM To: Ryan Witmer Subject: New case I have been having technical Issues with DropBox and was Just now able to send you a like to the records and videos we discussed yesterday. Please conflrm your access to those files. At some point I'd like to talk again with you about our work. One obvious question that comes to mind is how o many cases are your guys able to take where you're paying the filing fees? r Joel Chandler (863) 660-4244 f; foel.chandlerrmfogwatrh ora www.FogWatch.org Page 2 oft Tuesday, JUly26, 2016 at 11:09:39 AM Eastern Daylight Time Subject: RE: CAFI v. Miami's River of Life Date: Friday, June 27, 2014 at 11:19:05 AM Eastern Daylight Time From: Nick Taylor To: Joel Chandler This email is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm. Nick Taylor The O'Boyle Law Firm P.C. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Telephone #954-834-2209 Fax #954-360-0807 Email: ntaylor@oboyielawfirm.com From: Joel Chandlerfmailto:joeichandier@citizensawarenessfoundation.argJ Sent, Friday, June 27, 2014 11:05 AM To: Nick Taylor Subject: CAFI v. Miami's River of Life Nick, I'm writing this email to memorialize our telephone conversation this morning. As we discussed I was contacted by the Defendant in the case referenced above. He expressed his regret in his failure to properly respond to CAFI's PRR and asked for our help in better understanding his obligations under the Public Records Act. He also explained the dire financial condition of his organization and said that he had instructed his attorney to offer to settle the matter for $1,500. In our conversation this morning I understood, from you, that the O'Boyle Law Firm has about $1,200 In costs and fees in the case up to this point I also understood that you have been Instructed by Jonathan O'Boyle to demand $3,800 to settle the case. If such a demand Is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses. During our telephone conversation I expressed In unequivocal terms my objections to such an arrangement Until I received a telephone call from the Defendant yesterday I was unaware that any settlement discussions were taking place with the Defendant. I did not authorize any such discussions nor did I approve in any way the demand for payments of any kind, much less the demand for payments far beyond the actual fees and expenses billed by the O'Boyle taw Firm. In sum, I understand that you were directed to make the aforementioned settlement demands by Jonathan O'Boyle, and; I have not and do not approve of such demands. Please confirm your receipt and understanding of this email. Best regards, Joel E. Chandler Executive Director Citizens Awareness Foundation, Inc 1280 West Newport Center Drive Page 1 oft Deerfield Beach, Florida 33442 (888) 830-3769 (Media Hotline) (863) 660-4244 (Cell) W ww.Citize n sAwa ren essFoun d ation.or2 JoeiChandlerPCltizensAwarene5sFoundaiton.ora Page 2 of 2 Name Style of Case, Case # & Name of County 1 3M Electronic Monitoring [Inc.] CAR v. 3M Electronic Monitoring 512014 CA003265 CAAXW S Pasco 2 Abington Holdings Limited, CAR v. Abington Holdings Limited, Inc. Inc. 562014CA001609OCXXXX St. Lucie 3 ADA Engineering, Inc. CAR v. ADA Engineering, Inc. 2014 -18551 -CA -01 Miami -Dade 4 AECOM Technical Services, CAR v. AECOM Technical Services, Inc. Inc. CACE14014265 Broward 5 Albeck Gerken, Inc. CAR v. Albeck Gerken, Inc. 292014CA007732-A001HC Hillsborough 6 AES Engineering, Inc. CAR v. AES Engineering, Inc. 2014 -20160 -CA -01 Miami -Dade 7 AMEC Environment & CAR v. AMEC Environment & Infrastructure, Infrastructure, Inc. Inc. CACE14014229 Broward 8 A&P Consulting CAR v. A&P Consulting Transportation Transportation Engineer Engineer 2014 -20156 -CA -01 Miami -Dade 9 ATCI Communications, Inc. CAR v. ATCI Communications, Inc. 2014 -17813 -CA -01 Miami -Dade 10. Atkins North America, Inc. CAM v. Atkins North America, Inc. 292014CA007736-AO01 HC Hillsborough 11 Avart Ammann & Whitney, CAFI v. Avart Ammann & Whitney, Inc. Inc. 2014 -18549 -CA -01 Miami -Dade 12 Barnes and Noble College CAFI v. Barnes and Noble College Booksellers, Booksellers, LLC LLC 292014CA007086-A001HC Hillsborough 13 Bayard Advertising Agency, CAFI v. Bayard Advertising Agency, Inc. Inc. 502014CA006854 Palm Beach 14. Bluefield Ranch Mitigation CAFI v. Bluefield Ranch Mitigation Bank Bank[LLC] 502014CA008791XXXXMBAF Palm Beach 15. Boro Building and Property CAFI v. Boro Building and Property Maintenance, Inc. Maintenance, Inc. 2014CA005254 NC Sarasota 16 Brannon & Gillespie, LLC CAFI v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA006112XXXXM BAG Palm Beach 17 Cape Leisure Corp. CAFI v. Cape Leisure Corp. 05 2014 CA 038359 Brevard 18 Charter Schools Associates, CAFI v. Charter Schools Associates, Inc. Inc. CACE14007518 Broward 19 Charter Schools USA, Inc. CAFI v. Charter Schools USA, Inc. CACE14013939 Broward 20 Child Welfare Training CAR v. Child Welfare Training Solutions, LLC Solutions, LLC CACE14016687 Broward 21 Coral West Adult Day Care, CAR v. Coral West Adult Day Care, Inc. Inc. 2014 -20001 -CA -01 Miami -Dade 22 Cross Environmental CAR v. Cross Environmental Services, Inc. Services, Inc. 512014CA001861CAAXWS Pasco 23 David J. Giannone, Inc. d/b/a CAR v. David J. Giannone, Inc, d/b/a Complete Complete Marine Marine CACE14010850 Broward 24 Dewberry Engineers, Inc. CAR v. Dewberry Engineers, Inc. 37 -2014 -CA -002055 Leon 25 Dragados USA, Inc. CAR v. Dragados USA, Inc. 37 -2014 -CA -002054 Leon 26 Envirospec, Inc. CAR v. Envirospec, Inc. 502014CA006655XXXXM BAH Palm Beach 27 Family Preservation Services CAR v. Family Preservation Services of of Florida, Inc. Florida, Inc. 562014CA001771OCXXXX St. Lucie 28 Fifth Street Counseling CAR v. Fifth Street Counseling Center, Inc. Center, Inc. CACE14010621 Broward 29. First Care Home Services, CAR v. First Care Home Services, Inc. Inc. 2014 -14378 -CA -01 Miami -Dade 30. GEO Group, Inc. CAR v. GEO Group, Inc. CACE14003628 Broward 31 Hubbard Construction, Inc. CAFI v. Hubbard Construction, Inc. 482014CA008210AOO1OX Orange 32 IBI Group, Inc. CAFI v. IBI Group, Inc. CACE14017517 Broward 33. Johnson's Excavation & CAFI v. Johnson's Excavation & Services, Inc. Services, Inc. 292014CA007288-A001HC Hillsborough 34. JPM Management Services, CAFI v. JPM Management Services, LLC LLC 502014CA006659XXXXMBAO Palm Beach 35. Marine Exhibition Corporation CAFI v. Marine Exhibition Corporation 2014-23268-CA-01 Miami-Dade 36. Marks Brothers, Inc. CAFI v. Marks Brothers, Inc. 2014-19990-CA-01 Miami-Dade 37 Metric Engineering, Inc. CAFI v. Metric Engineering, Inc. 2014-22139-CA-01 Miami-Dade 38 Pomcor Longview, LLC Pomcor Longview, LLC 502014CA005765XXXXM BAA Palm Beach 39 Psychological Assessment CAFI v. Psychological Assessment and and Treatment Services, LLC Treatment Services, LLC 292014CA007096-A001 HC Hillsborough 40. Psychological Management CAFI v. Psychological Management Group, Group, P.A. P.A. 292014CA008783-A001 HC Hillsborough 41. Ranger Construction CAFI v. Ranger Construction Industries, Inc. Industries, Inc. 502014CA009290XXXXMBAD Palm Beach 42 Robertson Consulting Group, CAFI v. Robertson Consulting Group, Inc. Inc. 2014CA003252 NC Sarasota 43. Royalaire Mechanical CAFI v. Royalaire Mechanical Services, Inc. Services, Inc. 522014CA006645-XXCICI Pinellas 44 Silver Seas Hotel, Inc. d/b/a CAFI v. Silver Seas Hotel, Inc. d/b/a Lighthouse Lighthouse Point Yacht & Point Yacht & Racquet Club Racquet Club CACE14014228 Broward 45 Stantec Consulting, Inc. CAN v. Stantec Consulting, Inc. 2014-27013-CA-01 Miami-Dade 46. Sweetapple, Broeker & CAFI v. Sweetapple, Broeker & Varkas, P.L. Varkas, P.L. 502014CA011941XXXXMBAH Palm Beach 47 Wantman Group, Inc. CAFI v. Wantman Group, Inc. 502014CA005771XXXXMBAF Palm Beach LIST OF CLASS MEMBERS (NOT -FOR -PROFITS) Name Style of Case, Case # & Name of County 1 Academie Da Vinci Charter CAR v. Academie Da Vinci Charter School, Inc. School, Inc. 522014CA003969-XXCICI Pinellas 2 Alliance for Aging, Inc. CAR v. Alliance for Aging, Inc. 2014 -14354 -CA -01 Miami -Dade 3 Alpha Charter of Excellence, CAFI v. Alpha Charter of Excellence, Inc. Inc. 2014 -12272 -CA -01 Miami -Dade 4 Area Agency on Aging of CAR v. Area Agency on Aging of Central Central Florida, Inc. Florida, Inc. 482014CA005307A001 OX Orange 5 Area Agency on Aging of CAR v. Area Agency on Aging of Palm Beach Palm Beach Treasure Coast, Treasure Coast, Inc. Inc. 502014CA006175XXXXMBAD Palm Beach 6 Aspira of Florida, Inc. CAR v. Aspira of Florida, Inc. 2014 -19988 -CA -01 Miami -Dade 7 Behavioral Choices, Inc. CAR v. Behavioral Choices, Inc. 2014CA003546-000-00 Polk 8 Broward Behavioral Health CAR v. Broward Behavioral Health Coalition, Coalition, Inc. Inc. CACE14014605 Broward 9 Cape Coral Preparatory and CAR v. Cape Coral Preparatory and Fitness Fitness Academy, Inc. Academy, Inc. 14 -CA -001301 Lee 10. Catholic Charities Diocese of CAR v. Catholic Charities Diocese of Venice, Venice, Inc. Inc. 2014CA005187 NC Sarasota 11. Chautauqua Charter School, CAR v. Chautauqua Charter School, Inc. Inc, 03 2014 CA 000597 Bay 12 Civilsury Design Group, Inc. CAR v. Civilsury Design Group, Inc. 2014CA003477-000-00 Polk 13 Excelsior Academies, Inc. CAR v. Excelsior Academies, Inc. 2014 -13439 -CA -01 Miami -Dade 14. Expressions Learning Arts CAR v. Expressions Learning Arts Academy, Academy, Inc. Inc. 012014 CA 001677 Alachua 15 Florida Atlantic University CAR v. Florida Atlantic University CACE14007126 Broward 16 Florida Family Child Care CAR v. Florida Family Child Care Home Home Association, Inc. Association, Inc. 502014CA006758XXXXMBAJ Palm Beach 17 Florida State University CAR v. Florida State University Schools, Inc. Schools, Inc. 37 -2014 -CA -001328 Leon 18 Forza Education CAR v. Forza Education Management, LLC Management, LLC d/b/a Gulf d/b/a Gulf Coast Charter Academy South Coast Charter Academy 112014 CA 001080 South Collier 19 Gardens School of CAR v. Gardens School of Technology Arts, Technology Arts, Inc. Inc. 502014CA005448XXXXMBAJ Palm Beach 20 Homeless Coalition of Palm CAFI v. Homeless Coalition of Palm Beach Beach County, Inc. County, Inc. 502014CA006665XXXXMBAH Palm Beach 21 Human Services Associates, CAFI v. Human Services Associates, Inc. Inc. 482014CA007601A001 OX Orange 22 Learning Gate ommunity C CAFI v. Learning Gate Community School School 292014CA004040-A001 HC Hillsborough 23 Lutheran Services Florida, CAFI v. Lutheran Services Florida, Inc. Inc. 292014CA007729-A001 HC Hillsborough 24 Manatee Glens Corporation CAFI v. Manatee Glens Corporation 41 -2014 -CA -004589 -AX Manatee 25 Marco Island Academy, a CAFI v. Marco Island Academy, a Public Public Charter High School, Charter High School, Inc. Inc. Lee 26 Mascotte Elementary School, CAFI v. Mascotte Elementary School, Inc. Inc. 2014 -CA -000944 Lake 27 Miami's River of Life, Inc. CAFI v. Miami's River of Life, Inc. 2014 -14356 -CA -01 Miami -Dade 28 New Beginnings High School, CAFI v. New Beginnings High School, Inc. Inc. 2014CA001523-0000-00 Polk 29 Northeast Florida Area CAFI v. Northeast Florida Area Agency Agency Foundation, Inc. Foundation, Inc. 16-2014-CA-003503-XXXX-MA Duval 30. Nova Southeastern CAFI v. Nova Southeastern University, Inc. University, Inc. CACE14013157 Broward 31 Palm Beach County CAFI v. Palm Beach County Substance Abuse Substance Abuse Coalition, Coalition, Inc. Inc. 502014CA009300XXXXMBAD Palm Beach 32 Phoenix Programs of Florida, CAFI v. Phoenix Programs of Florida, Inc. d/b/a Inc. d/b/a Phoenix Houses of Phoenix Houses of Florida Florida 292014CA007789-A001 HC Hillsborough 33. Ramz Academy, Inc. CAFI v. Ramz Academy, Inc. 2014-11891-CA-01 Miami-Dade 34. Rising Leaders Academy, Inc. CAFI v. Rising Leaders Academy, Inc. 03 2014 CA 000594 Bay 35. River City Education CAFI v. River City Education Organization, Inc. Organization, Inc. 16-2014-CA-003399-XXXX-MA Duval 36. Seniors First, Inc. CAFI v. Seniors First, Inc. 482014CA009153A001OX Orange 37 Stellar Leadership Academy, CAFI v. Stellar Leadership Academy, Inc. Inc. 2014-11938-CA-01 Miami-Dade 38. Team Success a School of CAFI v. Team Success a School of Excellence, Excellence, Inc. Inc. 41-2014-CA-004592-AX Manatee 39 The Hope Foundation for CAFI v. The Hope Foundation for Autism Autism 432014CA000465CA-AXMX Martin 40. The Seaside Playgarden, Inc. CAFI v. The Seaside Playgarden, Inc. 16-2014-CA-003337 Duval 41 UCP Transitional Learning CAFI v. UCP Transitional Learning Academy Academy 482014CA004302A001OX Orange 42 Urban Oasis Project, Inc. CAR v. Urban Oasis Project, Inc. 2014 -13341 -CA -01 Miami -Dade 43. Vision of Mater Academy, Inc. CAR v. Vision of Mater Academy, Inc. 2014 -21137 -CA -01 Miami -Dade Name Style of Case, Case # & Name of County 1 Board of County CAR v. Board of County Commissioners Commissioners Miami -Dade Miami -Dade County County 2014 -3270 -CA -01 Miami -Dade 2 Broward County Sheriffs CAR v. Broward County Sheriff's Office, et al Office CACE14004038 Broward 3 City of Aventura CAR v. City of Aventura 2014 -12657 -CA -01 Miami -Dade 4 City of Brooksville CAR v. City of Brooksville 14001263CAAXMX Duval 5 City of Dania Beach CAR v. City of Dania Beach CACE14013189 Broward 6 City of Dunedin CAR v. City of Dunedin 522014 CA006858-XXC I C I Pinellas 7 City of Fernandina Beach CAR v. City of Fernandina Beach 14-CA-000214-AXYX Nassau 8 City of Florida City CAR v. City of Florida City 2014 -3016 -CA -01 Miami -Dade 9 City of Madeira Beach CAR v. City of Madeira Beach 522014CA005249-XXCI C I Pinellas 10 City of Miami CAR v. City of Miami 2014 -4812 -CA -01 Miami -Dade CAR v. City of Miami 2014 -5237 -CA -01 Miami -Dade 11 City of Miami Beach CAR v. City of Miami Beach 2014 -12658 -CA -01 Miami -Dade 12 City of Tallahassee CAR v. City of Tallahassee 37 -2014 -CA -001331 Leon 13. City of Tampa CAR v. City of Tampa 292014CA005311-A001 HC Hillsborough 14. Department of Management CAR v. Department of Management Services Services 37 -2014 -CA -000992 Leon CAR v. Department of Management Services 2014 -4811 -CA -01 Miami -Dade 15 Duval County School Board CAR v. Duval County School Board 16-2014-CA-002695-XXXX-MA Duval 16 Florida Department of CAR v. Florida Department of Agriculture Agriculture CACE14003605 Broward CAR v. Florida Department of Agriculture CACE14003697 Broward CAR v. Florida Department of Agriculture 2014 -3703 -CA -01 Miami -Dade 17 Jacksonville Aviation Authority -6A -Fl -v. Jacksonville Aviation Authority 16-2014-CA-002858-XXXX-MA Duval 18 Miami Dade County CAR v. Miami Dade County 2014 -7299 -CA -01 Miami -Dade CAR v. Miami Dade County 2014 -13602 -CA -01 Miami -Dade 19 Miami Dade School Board CAR v. Miami Dade School Board 2014 -3018 -CA -01 Miami -Dade 20 Miami Dade Water and Sewer CAR v. Miami Dade Water and Sewer Dept. Department 2014 -3078 -CA -01 Miami -Dade 21 Office of the State Attorney, CAR v. Office of the State Attorney, Fourth Fourth Judicial Circuit of Judicial Circuit of Florida Florida 16-2014-CA-002859-XXXX-MA Duval 22 Sarasota County CAR v. Sarasota County 2014CA001576 NC Sarasota 23 Sheriff of Columbia County CAR v. Mark Hunter, Sheriff of Columbia (Mark Hunter) County 122014CA000157 Columbia 24 South Florida Water CAFI v. South Florida Water Management Management District District 502014CA001392XXXXM BAG Palm Beach 25 Stellar Leadership Academy, CAR v. Stellar Leadership Academy, Inc. Inc. 2014 -11938 -CA -01 Miami -Dade 26 Town of Cutler Bay CAR v. Town of Cutler Bay 2014 -3271 -CA -01 Miami -Dade 27 Town of Gulfstream CAR v. Town of Gulfstream 502014 CA003396XXXXM BAB Palm Beach CAR v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014 CA006112XXXXM BAG Palm Beach CAR v. Town of Gulfstream 502014 CA00636OXXXXM BAN Palm Beach 28 Town of Lake Park CAR v. Town of Lake Park 502014CA008117XXXXMBAD Palm Beach CAR v. Town of Lake Park 502014 CA009099XXXXM BAB Palm Beach 29 Town of Miami Lakes CAR v. Town of Miami Lakes 2014 -3076 -CA -01 Miami -Dade 30. Village of Bal Harbour CAR v. Village of Val Harbour 2014 -14807 -CA -01 Miami -Dade 31. Village of Pine Crest CAR v. Village of Pine Crest 2014 -3727 -CA -01 Miami -Dade Page 1 (Pages 1-4) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 1 Page 3 1 DrCRCouar, Fauerx 1a THE CIRCUIT. =let"nrARD IN Foa =let"I TABLE O F CONTENT S 2 DuvAa tvurm,rwalnA. 3 vse xo., 2014-M-0020392 PAGE3 JEFFREY MARCUS GRAY 4 4 6 JEFFREY GRAY. 5 Direct Examination 4 elaintiff, 6 by Mr. Wells T va. 7 --- a PRACrrcu, ACADENIC CULTURAL 8 EXHIBITS 9 Enuurroa e&rrER FOR GIata, rec., 9 ID n.ferafant. 10 Defendant's Exhibit No. I - Complaint I00 11 11 Defendant's Exhibit No. 2 - Cert of ins. 101 12 12 Defendants Exhibit A - Settlement Offer 103 13 USPORITICH or JRPPREY IIARVIS Dant 13 --- 14 Taken on Behalf of the Defeneant 14 CERTIFIED QUESTIONS 15 DATE TAKEN: Au9vee E, 2014 15 16 TIM; 2:00 PM - 4145 PD 16 Certified Question No. 1 19 n PLACE: GrayRobineon. P.A. 17 Certified Question No. 2 31 IB St.. So 9.1tvira.lle, Ft.S use a, s ]0001 uite 1100 50 Ite.. 18 Certified Question No. 3 44 19 19 20 20 21 axaein.tioa of the vltnaae taken before: 21 21 Cynthia Silverberg, Court Reporter 22 23 23 24 - - - 24 75 25 Page 2 Page 4 1 2 APPEARANCES I JEFFREY MARCUS GRAY, 3 2 having been produced and first duly sworn as a witness NICK TAYLOR ESQUIRE 3 on behalfofthe Defendant herein, was examined and 4 THE O'BOYLE LAW FIRM, P.C. 4 testified az follows: 5 1286 West Newport Center Drive 5 DIRECT EXAMINATION 6 Dernfield EewI4 Florida 33442 6 BY MR. WELLS: Appearing on behalfofPldndff 7 Q Mr. Gray, would you give us the benefit of 7 8 8 your full name, please? 9 9 A My full name is Jeffrey Marcus Gray. S. GRIER WELLS, ESQUIRE 10 Q And how do you spell Marcus7 to GItAYAOHIN50N, P.A. 11 A M -a -r -c -u -s. I I 50 Nard: taus Street, Suae 1100 12 Q Okay. And Jeffrey is Je-f-f-r-e-y7 Jacksonville, Florida 32202 13 A Correct. 12 Appeering on bcUfof Defendant 14 Q Grey, G -r -e -y7 13 14 15 A G -r -a -y. ALSO PRESENT; 16 Q Have you ever given a deposition before? 15 17 A No. 16 Ms. Mary Marx l8 ' Q I'm safe you've had an opportunity to talk 17 19 with Mr. Taylor, but rm going to give you some 18 "-" 20 instructions that may help us save some time today. 19 21 I'll be asking you a number of questions related to 20 22 the lawsuit you filed and some other things. Unless 21 22 23 your attorney instructs you not to answer, you should 23 24 answer all the questions. He may object from time to 2245 25 time. But, again, unless he instructs you not to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 5 I answer, you should answer all the questions. Ifyou 2 would, let me finish asking my questions before you 3 begin your answer and I'll try to let you finish your 4 answer before I begin my next question. 5 A Understood. 6 Q Give a verbal response to my questions as 7 opposed to nods or shakes of the had or hub-uhs and 8 uh-huhs. Those am kind of hard for the court 9 reporter to interpret, so yes, no or some other type 10 of verbal answer. 11 A Understood. 12 Q If at any time you need to taken break, let 13 me know. This is not an endurance contest and 14 generally I'll probably take a break on the how. And 15 we'll try to go roughly an hour and take a break and 16 then reconvene. 17 A Okay. 18 Q If you don't know the answer to a question, 19 obviously say you don't know. I'm not asking for 20 speculation. Them may be occasions when you may say, 21 1 don't know, and I may ask you for your guess or 22 something, but it's unlikely in the context of this 23 case. All right? 24 A Understood. 25 Q Iknow thatyou met briefly,just a few Page 6 I minutes ago, with Mr. Taylor. Other then that 2 meeting, have you done anything else to prepare for 3 this deposition? 4 A Other than just phone calls with Mr. Taylor, 5 no. 6 Q Okay. Did you review any documents? 7 A No. I reviewed a video, a video of his. 8 Q You reviewed a video. What video did you 9 review? Io A I reviewed a video where 1 submitted the it public records request to PACE. 12 Q Mr. Taylor has provided me with a video. I 13 have not really looked at it. So I may ask you from 14 time to time questions about that video. Other than 15 that video, are there any other materials that you 16 reviewed? 17 A Other than that video, no. 18 Q Did you review the complaint in this case? 19 A I believe Mr. Taylor sent me an email and 1 20 made a quick review of that. 21 Q When would that have been? 22 A Are you speaking of the complaint; are you 23 making about the complaint that was made against 24 PACE; is that what you're speaking oft 25 Q I'm talking about the lawsuit that was filed Page 2 (Pages 5-8) Page 7 I against PACE. 2 A 1 do not recall mviewing the complaint, no. 3 Q There was a contract attached to the 4 complaint Did you review that contract, or any other 5 contract in preparation for this deposition? 6 A I have reviewed the contract that PACE has 7 with the State, yes. 8 Q What is your tmdcruanding of who that 9 contract is with? 10 A I believe the contract is with the 1 I Department of Children and Families. Is that the one 12 that it is? 1 believe that's the one it is. 13 Q You'll need to speak up so the court 14 reporter can bar you. You believe the contract to be 15 with the Department of Children and Family Services? 16 A Yes. 17 Q Okay. You indicated you had some phone 18 calls with Mr. Taylor and have reviewed the video -- a 19 video — the video and reviewed the contract with the 20 Department of Children and Family Services. 21 A If that's who they had the contract with. 22 It's been a while back. It's been all the way back 23 since 1 made the request, so it's been a long time 24 since I've seen it. 25 Q Whatever contract them maybe, that's the Page 6 I one you believe you reviewed? 2 A Yes, yes. 3 Q When did you review that? 4 A It's been way back when the request was 5 actually made, before I went in to make the request. 6 Q You have not reviewed it since you went in 7 to make a request? 8 A No, sir. 9 Q Okay. Other than Mr. Taylor, have you 10 spoken to anyone else about this deposition? 1 I A Have I spoken to anyone else about this 12 deposition? I have spoken to my friend, 13 Thomas Covenant, about this deposition and my wife. 14 Q Thomas who? 15 A Thomas Covenant And my wife. 16 Q How do you spell his last name? 17 A Covenant, C -o -v -e -n -a -n -t. 18 Q Just like the covenant Moses had with the 19 children of Israel? 20 A Yes, sir. 21 Q Is Mr. Covenant —you said he's your 22 friend. Is he the one who was with you when you went 23 to PACE? 24 A Yes. 25 Q When did you last speak with Mr. Covenant? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 9 1 A This morning. 2 Q About this deposition? 3 A No. It was not about this deposition. 4 Q Did you and Mr. Covenant have any 5 conversation this morning about this deposition? 6 A Not that I recall, no. 7 Q Did you have any conversation this morning 8 with Mr. Covenant about what occurred when you and 9 Mr. Covenant were at PACE? 10 A This morning? 11 Q Yes. a A No. 13 Q When did you last have any conversation with 14 Mr. Covenant about your activities at PACE? 15 A The last time I had a conversation with 16 him? I can't specifically say when. I don't recall 17 specifically the last time. IB Q Arc you known by any name other than by 19 Jeffrey Marcus Onay? 20 A Any other name? I am also know as Honor 21 Your Oath. I do have a YmT ube channel called Honor 22 Your Oath. Yes. 23 Q I'm sorry? 24 A Honor Your Oath. 25 Q But you said something after that. Page 3 (pages 9-12) Page 11 A Yes. Q Does she use them in anyway in connection with her employment, if she's employed? A No. Q So you both use both of those email addresses? A Yes. B Q Page 10 I A AYouTubechannel. Honor Your Oath. 2 Q Is that a name you use, as like an email 3 address, or Facebook, or a blog site, or anything like 4 that? 12 A 5 A A blog site. It's a YouTubc channel. 6 That's what it is. 7 Q Is that name copyrighted for you? 8 A No. 9 Q Any other names that you use? 10 A No. I I Q Do you have an email? 12 A Yes. 13 Q What's your email address? 14 A The email address is tgmy9937@hotmail.com. 15 Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G-ra-y. What does the T stand for? is A Teresa 19 Q That's your wife's name? 20 A Yes, air. 21 Q Okay. Do you use any other email address or 22 any other email site? 23 A There's also tgmy9937@comcut.net. That's 24 my two entails. 25 Q Does your wife also use those mails? Page 3 (pages 9-12) Page 11 A Yes. Q Does she use them in anyway in connection with her employment, if she's employed? A No. Q So you both use both of those email addresses? A Yes. B Q Are those the only email addresses that you 9 use? 10 A Yes. I I Q Okay. Do you have a mobile telephone? 12 A Yes, I do. 13 Q What is that number? 14 A The number to the phone? 15 Q Yes. 16 A (904) 608-7960. 17 Q And who is the carrier for that line? 18 A AT&T. 19 Q Have you had that mobile phone number for — 2o how long? 21 A I can't mall how long Pvc had that I'm 22 not sure. 23 Q Since all of 2014? 24 A Yes. 25 Q All of 2013? Page 12 1 A I can't answer that Pm not sure. 2 Q Has AT&T been your carrier the entire time 3 you've had that particular phone number? 4 A Yes. 5 Q What is your resident address, Mr. Gray? 6 A My residence is 1904 River Lagoon Trace, 7 St. Augustine, Florida 32092. 8 Q How long have you lived there? 9 A I've lived there since the beginning of 10 2009. 11 Q Were you in St Augustine — the 12 St. Augustine area prior to moving to the River Lagoon 13 address? 14 A Yes, I was. 15 Q How long have you been in St. Augustine? 16 A I believe I moved to St Augustine the end 17 of 2005, the beginning of 2006. 18 Q Where were you prior to that? 19 A I was in Jacksonville. 20 Q How long had you lived in Jacksonville 21 before moving to St. Augustine? 22 A I've lived in between Jacksonville and 23 St Augustine back and forth Pm not precisely sure 24 what dates and times I've lived in either one, but 25 I've lived in the St Augustine area since probably Georgia Winegeart & Associates 301 West Hay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 l '92 or'93,just back and forth between the two. 2 Q Okay. And your wife is Teresa. Is that 3 T -e -r -e -s -a or T -h- — 4 A That's correct; T -e. 5 Q How long have you all been married? 6 A We've been married since 1999. 7 Q So she — 8 A Correct that. We've been married since 9 1998. 10 Q It's a good thing you corrected that. I I A We had our first son in'99. 12 Q And you all have been married the enure 13 time since 19987 14 A Yes. Is Q And I think you said you've lived in the 16 Jacksonville/St. Augustine area since 1992. 17 A Approximately, yes. 18 Q You and your wife are both Georgia natives? 19 A Yes. 20 Q Where in Georgia? 21 A I was bom in Atlanta and I believe she was 22 born in Columbus, Georgia, 23 Q Are you employed? 24 A I'm not employed right now. No. 25 Q How long has it been since you were Page 14 1 employed? 2 A 1 worked at Winn-Dixie as a truck driver 3 from 1995 until 2013. 1 believe I left Winn-Dixie in 4 Octobcrof2013. 5 Q Why did you leave Winn-Dixie? 6 A To pursue a journalism activism career. 7 Q Okay. So you've not had —strike that. 8 After leaving Winn-Dixie in — you said October of 9 2013— to A Approximately, yes. I I Q —have you had any type of salaried 12 position anywhere? 13 A No. 14 Q How long were you employed by Winn-Dixie? 15 A From April of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that 18 Winn-Dixie? 19 A My immediate supervisor was Clay Turney. 20 Q T -u -r -n -e -y? 21 A T -u -r -n -e -y, yes. 22 Q Were you employed as a truck driver the 23 enure time from'95 to 2013? 24 A I was. 25 Q Now when you say you left to pursue Page 4 (Pages 13-16) Page 15 I journalism and activism, can you tell me what you mean 2 by that? 3 A I contribute to a website called Photography 4 Is Not A Crime. 5 Q Celled what? 6 A Photography is not a crime. 7 Q Okay. 8 A And activism, basically my main drive in my 9 activism is transparency in government, accountability 10 in government. I I Q When you say you contribute to Photography 12 is Not A Crime, what do you contribute? 13 A I contribute video of news events. 14 Q What type of news events? 15 A News events, just stuff happening an the 16 strecr. specifically events where police officers are 17 behaving badly. 18 Q How do you come across these circumstances 19 of police officers behaving badlyl 20 A Just youcan— youjust getyaw video 21 camera out and you film them in action and I just — 22 they just behave bad. They don't like to be filmed. 23 Q How do you know where to go to find them? 24 A I don't know. I just stumble across them. 25 Q Just random? Page 16 I A Yeah, yeah. If you see a cop stop somebody, 2 1 document what they do. And sometimes they react 3 negatively to that. 4 Q Sometimes they what? 5 A They react negatively to that, yeah. 6 Q What kind of negative reaction do the police 7 have? 8 A They tell you to mm the camera off and 9 tell you you can't film them, things like that. 10 Q Okay. Are those the only types of I I contributions you make to Photography Is Not A Crime? 12 A Yes. 13 Q Any other contributions? 14 A No, no, other than — no, no. 15 Q So all ofyour contributions toPhotography 16 Is Not A Crime relate to video of police officers 17 behaving badly7 18 A Police officers, public officials, other 19 public officials; not just police officers, but public 20 officials in general. 21 Q What other public officials have you filmed 22 behaving badly? 23 A What other public officials have l filmed? 24 Let me think about that for a second. Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 17 1 request or something like that at the mayor's office 2 or — there are so many different situations, the 3 mayor's office, the Sheriffs Office, different public 4 agencies like that when I go to submit a public 5 records request 6 Q Who are the principals behind Photography Is 7 Not A Crime? e A The principles? Carlos Miller is the 9 principle. to Q Carlos Miller? I I A Yes, sir. 12 Q Is Photography Not A Crime incorporated? 13 A Is PhotographyNot A Crime incorporated? 14 rm not sure. You would have to ask Carlos about 15 that. I'm not sure if its incorporated or — 16 Q Where docs Carlos Miller live? 17 A Miami. is Q How did you and Mr. Miller start doing 19 business together? 20 A Mr. Miller and I —I believe became across 21 one of my videos of police officer that was telling 22 me that it was illegal to film or something. I can't 23 remember specifically, but it was generally that type 24 of thing. He came across one of my videos where a 25 police office was behaving badly and he published it Page Is I to Photography Is Not A Crime. 2 Q How many contributions have you made to 3 Photography is Not A Crime? 4 A I cannot recall how many. I don't know. 5 Q Can you give me a ballpark; am you talking 6 ten, or a hundred, or a thousand? 7 A An approximate number, a ballpark number, 15 8 videos, stories, that he has written about 9 Q Do you have an archive of those videos that 10 you have contributed to Photography Is Not A Crime? II A Ido. 12 Q Do you get paid for those contributions? 13 A No. 14 MR TAYLOR: Objection. 15 BY MR WELLS: 16 Q You also indicated that you am involved in 17 activism related to transparency in government Is A Correct. 19 Q Tell me what you mean by that. 20 A Transparency in government, basically what 21 it boils down to is the right to film public officials 22 while they're performing their official duties; public 23 records access, to be able to access public records, 24 like with the public entities, to make sure that they 25 aro upholding our right to access public records, our Page 5 (Pages 17-20) Page 19 1 right to know. That's the two main things of it 2 (The following question was certified) 3 BY MR. WELLS: 4 Q Do you receive any income from either your 5 i0=111istic events with Photography Is Not A Crime, 6 or your mission of Transparency In Government? 7 MR TAYLOR Objection. Irrelevant 8 BY MR. WELLS: 9 Q You can answer. 10 A I believe that is irrelevant I I Q With a0 due respect, that's not your call, 12 Mr. Gray. 13 MR TAYLOR If he feels that it's 14 irrelevant, that's his answer. He's certainly 15 free to answer the question. You may not get the 16 answer that you want, but if he feels that's 17 irrelevant - 18 MR. WELLS: Mr. Taylor, how many depositions 19 have you been involved in? 20 MR TAYLOR: I think that's irrelevant too. 21 It doesn't matter how many rve been involved 22 in. 23 MR WELLS: Certify the question. 24 And be advised that if the judge overrules 25 the objection one ofyou will pay the cost of Page 20 1 this deposition. Okay? 2 MR. TAYLOR That's not necessarily — the 3 judge makes that determination. Carty on. 4 BY MR. WELLS: 5 Q Have you filed income rax returns for the 6 last — since 20007 7 A Yes. 8 Q Is your wife employed outside the home? 9 MR TAYLOR: Objection. Irrelevant 10 THE WITNESS: I believe that's imelevanL I I I don't see how that has anything to do with the 12 case. 13 BY MR WELLS: 14 Q One more time, Mr. Gray, that's not your 15 call nor your attomey's. If he's instructing you not 16 to answer, that's different, but then he bears the 17 burden of that instruction. is MR. WELLS: Are you instructing him not to 19 answer? 20 MR TAYLOR: I made my objection and he's 21 made his call on that he's chosen not to 22 answer. 1 can't make him give you the answer 23 that you want. If you're asking again, I would 24 object to it as asked and answered. 25 MR WELLS: Mr. Taylor, may I make a Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 21 1 suggestion that you call one of your partners and 2 ask diem if the way you're proceeding is die 3 appropriate way to proceed? I don't want to 4 disrupt the deposition. I don't want to 5 terminate it, but I'm not going to go through the 6 deposition and have you all answer its not 7 relevant. 8 MR. TAYLOR: I'm simply making an objection 9 for the record. 10 MR. WELLS: You need to instruct your client I I to answer the question unless you're instructing 12 him not to. 13 MR. TAYLOR: He's answered your question. I 14 can't — I don't know what you want me to do. 15 MR. WELLS: I want you to tell him to give 16 the factual information that I'm asking unless 17 you tell him not to answer. 18 MR. TAYLOR: I'm not telling him not to 19 susivu. He's answered your question. Ican't 20 make him give you the answer that you want him to 21 give you. I can't do that. That would 22 essentially be me testifying. Pm not the one 23 being deposed here. I mean, if you disagree, 24 yo*c free to go to Court and get a motion, you 25 know, to compel, but — i mean, I'm perplexed at Page 22 1 what you want me to do. I can't make him give 2 you the answer that you want He's answered the 3 question the way he's answered it 4 MR. WELLS: For die record, we aro 5 attempting to reach Judge Norton to obtain a 6 ruling on the declination of Mr. Gray to answer 7 certain questions. 8 (Phone call was placed to Judge Norton.) 9 THE COURT: Hello. 10 MR WELLS: Judge Norton. I I THE COURT: How are you? 12 MR WELLS: Pm fine. Thank you. How are 13 you? 14 THE COURT: I'm good. I have Mr. Wells and Is Mr. Taylor on the phone? 16 MR. WELLS: Yes, you do. 17 THE COURT: Just to let you all know, I 18 pulled the case up and read — skimmed super fast 19 the complaint and the answer. I guess this is a 20 public records case or a Chapter 119? 21 MR. TAYLOR: That's correct. 22 MR WELLS: That's correct, Your Honor. 23 THE COURT: Are y'all in the deposition,1 24 understand, right now? 25 MR. TAYLOR: Yes, ma'am. Page 6 (Pages 21-24) Page 23 I MR. WELLS: We ate. Your Honor, on behalf 2 of the Defendant, Practice Academic Cultural 3 Education Center for Girls — we call PACE —1 4 am deposing the Plaintiff, Mr. Gray. 5 We really have just gotten started and I 6 started asking questions about his sources of 7 income or whether be bas received income from 8 certain sources. And I also asked a question 9 about whether his wife is employed outside the 10 home. And Mr. Taylor objected on the basis of I I relevance, not an the basis of form. Whereupon, 12 Mr. Gray testified that he did not believe the 13 questions were relevant and would decline to 14 answer. 15 THE COURT: All right 16 MR. WELLS: And it's our position that in a 17 deposition relevance is not an issue, So before I a we — before I go much further and encounter 19 further similar objections, I thought it [night be 20 best to get a ruling from the Court 21 THE COURT: And Mr. Taylor, what would your response to Mr. Wells be? MR. TAYLOR: My response, Yom Honor, is I made my objection based on relevance. As you know, the point of a deposition is to get Page 24 1 essentially all information or all discovery that 2 might lead to discoverable or admissible 3 evidence. I objected based on the fact that we 4 feel that's irrelevant, how much, if anything, is 5 made for any public records request. It's a 6 constitutional right Its obviously guaranteed 7 in our constitution, it's a right per Chapter 8 119. 9 Mr. Gray has, in his opinion, answered that 10 its irrelevant. As you know, I guess — I mean, I 1 I can't instruct him to give a certain answer if 12 them is an objection. He does have to answer, 13 yes. It's undisputed, Your Honor. But I can't 14 instruct him to give a specific answer; I can is only instruct him that he has to answer the 16 question. Even if I do object, to instruct him 17 to give a specific answer would be improper and 18 it essentially would be my testimony instead of 19 his. So that's my position, is that it's io 'unproper. 21 THE COURT: I'm a little confused. By no 22 means am I going to order a witness to answer a 23 question in a certain way because obviously, you 24 know, discovery is a seek for the truth, to Z5 obtain information, So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 7 (Pages 25-28) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 25 Page 27 1 interest in instructing Mr. Gray to answer — and I make the determination may not be appropriate to 2 I'm having a hard time hearing you too, sir, but 2 be admitted in front of either myself or a bench 3 1 just want to let you know by no means am I 3 trial or in front of a jury at some point. 4 planning to tell Mr. Gray, Hey, you have to 4 Now I am a little concerned that Mr. Grey 5 answer this question in a certain way. And 5 is, you know, taking on a quasi legal role here 6 that's why I'm a little confused, sir, by your 6 in objecting. I mean, tbat's obviously 7 response. 7 inappropriate. Do you believe we need to get e MR. TAYLOR: By — I'm sorry. By my 8 Mr. Grey in here for pan of this dialogue so 9 response, Your Honor? 9 he'll understand what the Judge's rulings is, or 10 THE COURT: You seem to be under the 10 do you think, Mr. Taylor, you can appropriately 11 impression — I mean, obviously there's a 11 communicate that to him? 12 ditferece between saying to Mr. Gray, Please 12 MR. TAYLOR I was going to say Mr. Gray is 13 answer the question for Mr. Wells versus — maybe 13 right hem. 14 Cm not understanding you, but you went into this 14 THE COURT: Oh, I didn't know he was there. 15 dissertation about how I can't control what the 15 Hi, Mr. Gray. 1 didn't know you were them. Ian 16 witness says. And that's where Pm confused 16 Judge Norton. 1 hope you're having a good day. 17 because I don't think anyone is trying to get you 17 THE WITNESS: Hi, Judge. How am you? rm 18 to tell Mr. Gray what to say. I think the issue 18 having a good day. 19 is: Does Mr. Gray have to truthfully answer the 19 THE COURT: I'm good; I'm good. So what 1 20 question? I'm just a little confused, sir, by 20 just need to do, Mr. Cray, you've heard my 21 what you're saying. 21 ruling. I'm glad you were in there. And I 22 MR. TAYLOR: What I'm essentially saying, 22 just— from what— you know, if at some 23 Your Honor -- and I'm sorry for dee confusion — 23 point —1'm going to be here all afternoon — if 24 THE COURT: That's okay. 24 at some point there's another line of questioning 25 MR. TAYLOR: -- but what Pm saying is that 25 that you find inappropriate, rm happy to talk to Page 26 Page 29 1 I made my objection and — I objected and I everyone, But right now, those are far 2 Mr. Gray did answer the question, but he feels 2 questions. And then ultimately I will make the 3 that -- 3 decision later whether or not they're 4 THE COURT: Who is he? 4 admissible. But Mr. Gray, from the questions 5 MR TAYLOR: Mr. Gray, my client Mr. Gray 5 that Mr. Wells has told me, sir, you do need to 6 feels that his answer — this is not 6 answer those questions, please. All right? 7 verbatim-- but he's saying that's not relevant 7 THE WITNESS: Okay. Understood. 8 and 1 choose not to answer that question. And 1 8 THE COURT: I'll be here all afternoon. 9 guess the issue hem is whether that is an 9 This is myjob, to handle things like this, so 10 appropriate response by Mr. Gray under the 10 give me a tall if you need me. Okay? 11 circumstances. I1 THE WITNESS: Okay. Thank you. 12 THE COURT: Well, Mr. Gray. is Mr. Gray a 12 MR- WELLS: Thank you very much, Your 13 member of the Florida Bar? 13 Honor. 14 MR. TAYLOR: He is not. 14 THE COURT: Have a &mat day. I'm going to 15 THE COURT: And you am his counsel of 15 hang up. Bye-bye. 16 record? 16 (Phone call ended.) 17 MR. TAYLOR: That is correct. 17 BY MR. WELLS: Is THE COURT: Let me just tell you how 1 look Is Q Mr. Gray, given Judge Norton's rulings, let 19 at discovery. I think that Mr. Wells has — I 19 me pose the question one more time. From your 20 would agree with him on this issue ofrelevanry 20 activities with Photography Is Not A Crime and your 21 at this point. Obviously, I'll reserve for 21 activities seeking Transparency In Government, have 22 another day to determine if this line of 22 you derived any income? 23 questions — if that type of information would he 23 A I have not derived any income from 24 admissible at Mal because obviously things that 24 Photography Is Not A Crime. I have derived income 25 can he discovered that ultimately the judge may 25 from my YouTube channel. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 29 I Q From what? 2 A YouTube channel. 3 Q Honor Your Oath? 4 A Correct. 5 Q Have you derived any income from any of the 6 activities in seeking public records? 7 A Have I derived any income fmm— no. 8 Q Your YouTubo site, Honor Your Oath -- 9 A Yes, air. 10 Q — how do you derive income from that? I I A Through monetization of die videos. 12 Q Do you sell those; do people access them; do 13 they pay a Cee? 14 A When you monetize a video on YouTube, what 15 you do is, when you publish it, you can click on the 16 selection that gives you the opportunity to monetize 17 videos. I click on that and ask YouTube to monetize 18 it for me. If they approve the video for 19 monetization, what they do is they overlay ads on the 20 videos. And then you get a percentage per view of the 21 ads. 22 Q So when somebody clicks on that YouTube 23 site, if you will, and YouTube is running ads for each 24 person who views that site, YouTube sends you a 25 percentage — or some money? Page 30 1 A Per views, yes. It's a certain 2 percentage — Pm not sure exactly what the percentage 3 is — per view. 4 Q And you've been doing that since October of 5 2013? 6 A No. Pvc been doing that — I can't recall 7 exactly when I started monetizing videos. Sometime in 8 2013 is when I started monetizing them 9 Q My question was poor and I apologize. That 10 has been your sole source of income since October of 11 2013? 12 A My solo source of income since October of 13 20137 No. 14 Q What other sources or income have you had 15 since you left Winn-Dixie? 16 A When I left Winn-Dixie, I cashed in my 17 401(k) and I lived off that for awhile. And I also, 18 through public records requests, I do receive 19 settlements. 20 Q You receive settlements? 21 A Yes. 22 Q From whom? 23 A Whatever vendor that I we, 24 Q Whatever vendor you sue? 25 A Yes. Page 8 (Pages 29-32) Page 31 1 Q Are the settlements paid to you, or are they 2 paid to your attorneys and then from the attorneys to 3 you? 4 A They am paid to the attorneys and then to 5 me. 6 Q Okay. Is that — am those settlements a 7 percentage of what the attorneys get? 8 MR. TAYLOR: I would have to object to 9 that. That has to do with our —any fee 10 agreements that we have and that's I I attomey/client privilege. So I have to instruct 12 him -- 13 MR. WELLS: You're seeking attorneys' fees 14 in this case, so it's not privileged. 15 MR. TAYLOR: But you're talking about fees 16 in the past. There's been no settlement here. 17 So, again, you're asking him whether them was a 18 settlement in the past and die percentage that — 19 MR. WELLS: No. I'm asking if his source of 20 income from these settlements is a percentage. 21 He's already said that the fees come from you. 22 (rhe following question was certified.) 23 BY MR. WELLS: 24 Q De the —the complaint that you filed in 25 this case against PACE does not seek damages; it only Page 32 I seeks attorneys' fees. Do you get — in these 2 lawsuits that you filed, do you get a portion of the 3 attorneys' fees that are paid to your attorneys? 4 MR. TAYLOR: Again, I would have to object. 5 That has to do with our fee agreements. Theta 6 attamey/client privilege. 7 MR WELLS: Are you instructing him on that 8 one? 9 MR. TAYLOR I am on that one. Yes. 10 MR WELLS: Certify the question, if you II would. 12 BY MR. WELLS: 13 Q I had also asked you if your wife was 14 employed outside the home. is A Are you saying is she employed outside the 16 home? 17 Q Yes. 1s A No. 19 Q Does she work in the home other than in her 20 role as a wife and mother? 21 A She sells items on Ebay. Other than that, 22 no. 23 Q Okay. Is she involved in any way in your 24 contributions to Photography Is Not A Crime or your 25 Transparency In Government activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 1 A No. Other than just being my wife and 2 supporting me, no. 3 Q Does she ever accompatry you an any trip you 4 make to request public records? 5 A Not that I recall - 6 Q Was there anything in your employment with 7 Winn-Dixie that caused you to leave as opposed to your 8 wanting to make contributions to Photography Is Not A 9 Crime and Transparency In Govennnent7 to A rmnotsurewhatyoumeanbyihat. 11 Q Did you have any issues on the job, any 12 issues with your supervisor, any complaints about your 13 work at Winn-Dixic? 14 A No. I left on good terms. 15 Q Sir? 16 A I lett on good terms. 17 Q Again, my question is: Did you have any 18 issues at work? You may have left an good turns, but 19 did you have problems on the job in any way? 20 A No. 21 Q You've mentioned that you randomly find 22 police officers behaving badly. Have you ever been 23 arrested? 24 A I've been arrested twice. 25 Q Whem7 Page 34 1 A I was arrested in Brevard County and 1 was 2 arrested in Bradford County. I believe thafs where 3 Lawley is. I was arrested by the Lawtey Police 4 Department. 5 Q Have you ever been convicted of any crime — 6 A No. 7 Q — other than minor traffic offenses? 8 A No. 9 Q Were the arrests in Brevard County and in to Lawley related to your filming police officers? I I A Yes, they were. 12 Q Was the filming of your own arrest pasted or 13 sent to whatever — Photography Is Not A Crime? 14 A It was — I post my videos on YouTube. And 15 if Carlos Miller is interested in the videos, bell 16 contact me and ask me if he can publish them on 17 Photography Is Not A Crime, so hejust gets the link 18 off the YouTube. 19 Q Do you know Mr. Miller's address? 20 A I don't know his address off the top of my 21 head. 22 Q Do you know an emit address for him off die 23 lop of your head? 24 A No. I have it on my phone, f can get it 25 off my phone. Page 9 (Pages 33-36) Page 35 I Q Ifyou don't mind. 2 A It is carlosmiller — all one word — 3 c-a-r-l-o-s-m-i-l-l-e-rQa magimity. It's 4 @magiccitymedia. 5 Q Magimity@magicchymedia? 6 A Yes. 7 Q Thank you. Okay. Mr. Gray, in addition to B the lawsuit you have filed against my client, 9 Practical Academic Cultural Education Center for 10 Girls, Inc. -- is it okay with you if we refer to that I I as PACE — 12 A Yes. 13 Q — so that throughout the deposition, if I 14 refer to PACE, you'll know Pm referring to that 15 entity, okay? 16 A Understood. 17 Q In addition to your lawsuit against PACE, 18 have you filed suits against any other entities 19 related to your transparency in government mission? 20 MR. TAYLOR: Objection to farm. 21 THE WITNESS: Yes, I have. 22 BY MR. WELLS: 23 Q Do you know how many? 24 A I don't recall how many, no, not off the top 25 of my head. Page 36 I Q Can you give an estimate somewhere; is it 2 10, 20, 30, 407 3 A An estimate, 30. 4 Q Okay. Do you recall the date — approximate 5 date of the first one that was filed in your name? 6 A Do I recall the approximate date of the 7 first one that was filed in my name? No, I don't. e Q To your knowledge, have allof the 9 approximate 30 lawsuits that you have filed been filed to in calendaryear 2014? II A Yes. 12 Q Can you tell me approximately how many you 13 have filed in Duval County? 14 A Approximately in Duval County? 15 Approximately eight. I don't have that information in 16 front ofine. 17 Q You reside in St Jahns County. Have you IS filed any there? 19 A In St. Johns County? No. 20 Q Can you tell me what other counties besides 21 Duval you have filed lawsuits in? 22 A Ones that — let's see. I know that I've 23 filed in Duval. I know that I've filed in Broward 24 County. No; I can't recall off the top of my head. 25 Q You say you filed in Duval and you think you Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 37 I filed in Broward? 2 A Yes. 3 Q Do you know ifyou filed any in Hagler 4 County immediately south of St. Johns? 5 A I'm not sure. rm not sum which ones 1 6 filed. I would have to access my information. I 7 don't have that with me, my files. 8 Q Okay. Are the lawsuits that you have 9 filed — approximately 30, all in calendar year 10 2014 — based on your personal visit to offices where I I requests for public records are made? 12 A Yes. 13 Q So all of the lawsuits you filed involve 14 requests for public records? 15 A Yes. 16 Q Other than public records lawsuits, have you 17 filed any other lawsuits in the calendar year 2014? 18 A Not that I recall, no. 19 Q Have you been involved in any lawsuits at 20 any time in the last ten years other than the public 21 records lawsuits that you've ideatified? 22 A No. 23 Q Now you indicated earlier that the contract 24 that you had reviewed in connection with PACE you 25 believe was from the Department of Children and Family Page 38 1 Services or something like that. Do you know how many 2 of your lawsuits involve that particular agency? 3 A Not that I recall, not specifically; no, not 4 off the top of my head 5 Q Do you know the names of Any other agencies 6 who had contracts with entities, such as PACE or other 7 entities, which formed the basis of your lawsuits? 8 A You're speaking agencies, the state 9 agencies? to Q Yes. 11 A I filed with agencies ofFDOT, Departmmtof 12 Children And Families, Department of Health. 13 Q Okay, 14 A That's the ones I can think of right now 15 that I filed. 16 Q Okay. Let me go back a moment. Your 17 decision to leave Wion-Dixie and to get involved in 18 journalism, with Photography Is Not A Crime and 19 transparency in government, was there some type of 20 event or circumstance that led you to do that, 21 something that happened to you or that happened to 22 someone else that you were close to? 23 A No. Just the passion that I have for the 24 Activism that Pin pursuing, the Accountability of 25 government. Page 10 (Pages 37-40) Page 39 I Q Okay. Us just something dunjust 2 developed naturally? 3 A Yeah. Civil rights, access to public 4 records and transparency, in government, the right to 5 film government officials. 6 Q I guess perhaps anathcr way to ask it is: 7 Were you attempting to either obtain a public record 8 or film a government official and you were restricted 9 in some fashion and that led you to want to do this on 10 a full-time basis? 11 MR. TAYLOR: Objection. Asked and answered. 12 THE WITNESS: No sorry. 13 MR. TAYLOR: My objection was asked and 14 answered 15 THE WITNESS: There was no specific event, 16 no. Just like I said, it's just general — you 17 know, the right to know what's going on in 18 government, the right to film government 19 officials doing theirjobs and transparency and 20 accountability, where the money is going, what's 21 going on with it. 22 BY MR. WELLS: 23 Q Were you involved in those activities prior 24 to your departure from Winn-Dixie? 25 A Yes. Page 40 I Q For how long? 2 A I started my YouTube channel in 2011. And 3 that's about how long, since about 2011, so my 4 activities started roughly the same time that my 5 YouTube channel started, 2011. I believe it was 6 January of 2011. 7 Q And your YouTube channel is Honor Your Oath? 8 A That's correct. 9 Q And you can think of no event or 10 circumstance that led you to start that other than I l your interest in government responsibility? 12 MR. TAYLOR: Again, objection. Asked and 13 Answered 14 THE WITNESS: Yes. 15 BY MR. WELLS: 16 Q Pardon me? 17 A Yeah. Juslgeneml. 18 Q rve Asked you about a number of lawsuits. 19 Is Mr. Gray — Mr. Taylor's firm representing you in 20 all of those lawsuits? 21 A No. 22 Q Of the approximately 30 that you think you 27 may have filed, how many is his law firm involved in? 24 A Approximately—approximately 25 to 30. 25 Q How many other law funis aro mpresenting Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 I you in yaw public records litigation? 2 A One other law firm is representing me. 3 Q And who would that be? 4 A That would the Abraham Shakfeh Law Finn. 5 Q Where is he located, or that law fimr — is 6 that one name? 7 A Abraham is his first name. Shakfeh is his 8 last name. 9 Q Abraham Shakfeh is the name of an 10 individual? I I A Correct. 12 Q Can you spell Shakfeh for this lady? 13 A Just a second. Shakveeh (sic) is spelled 14 S -h -a -k -v -e -e -h. 15 Q S -h -a -k -v- — '16 A E -e -h. 17 Q Okay. Thank you. Other than Mr. Taylor, is 18 them anybody in the OBoyle Law Firm that is working 19 with you on any of these cases? 20 A Yes. 21 Q Who would that be? 22 A Giovanni Mason. 23 Q Did you approach the O'Boyle Firm to 24 represent you, or did they approach you? 25 A I approached them. Page 42 1 Q How did you know about the O'Boyle Law Firm? 2 A How did I know about the O'Boyle Law Finn? 3 Through a friend of mine. 4 Q Who is that? 5 A Joel Chandler. 6 Q How do you know Joel Chandler? 7 A Joel Chandler is a good friend of mine. He 8 is equally passionate about open govermncnt, open 9 records transparency. 10 Q I apologize. Did you give me the time of 1 I somebody else in the O'Boyle Law Firm? 12 A Giovanni Mason. 13 Q Okay. You did. I'm sorry. Do yon know, 14 between Mr. Taylor and Mr. Nissan, how many lawsuits 15 they are representing you on; how many is Mr. Taylor 16 representing you and how many Mr. Mason is 17 representing you? 18 A I do not. 1 don't know specifically. 19 Q Do you request a specific attorney? 20 A No, I do not. 21 Q Who else in the O'Boyle law Firm have you 22 communicated with? 23 A Who else in the— the receptionist, 24 Beth Kanaly; Nick Taylor, Giovanni Mason; Bill Rayne 25 (phonetic). Page 11 (Pages 41-44) Page 43 I Q You said Rayne. Is that King? 2 A Rayne. Pm not sure how to spell his last 3 name. Bill Rayne. 4 Q Anyone else? 5 A There am, but I can't recall their names. 6 Q Have you been to the offices of the OBoyle 7 Law Firm? 8 A I have. 9 Q How many times? 10 A Three, maybe four times. I I Q In your lawsuit that you filed against PACE, 12 one of the claims you're [Waking is for attorneys' 13 fees. You've indicated earlier that you get some 14 income from the settlements. Do you know of any of 15 the lawsuits filed on your behalf in which you have 16 sought damages for yourself other than through 17 attorneys' fees? Is A Yes. 19 Q Which ones? 20 A I can't recall specifically which ones off 21 the top of my head. I'm not sure which ones; rm not u sure. I would have to have my files in front of me to 23 be able to see that. 24 Q Okay. So you have a file with all of die 25 lawsuits in them? Page 44 1 A Yes, yes. 2 Q You maintain that file in St. Augustine? 3 A I do. 4 Q And so you believe that in that file you 5 have a copy of each complaint in which you have sought 6 damages for yourself that's set forth in those 7 complaints? 8 A Yes. I believe so. 9 Q Okay. Do you have a written fee agreement 10 with the O'Boyle Law Firm and Mr. Shakfeh? 1I A I have a written fee agreement with Shakfeh 12 and l do with—yes—O'Boyle. 13 Q Is that for each lawsuit, or is thatjust a 14 standard fee agreement? 15 A It is a standard fee agreement. 16 Q So you don't have approximately 30 differeat 17 fee agreements with them? 18 A No. 19 (The following question was certified.) 20 BY MR WELLS: 21 Q Is your arrangement with your attorneys on 22 an hourly basis? 23 NIR TAYLOR I would object to that. 24 Whether it is or not, that's attorney/client 25 privilege. R has to do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 45 I with Mr. Grey. 2 MR. WELLS: Mr. Taylor, you're seeking 3 attomeys' fees in this cases And in order to 4 prove any attomeys' fees, you're going to have 5 to prove how you get them. So if you want to 6 object now and instruct him not to answer, that's 7 fine, but we will then object to your seeking 8 attorneys' fees in the unlikely event you prevail 9 in this case. 10 MR. TAYLOR: he attomcys' fees are II provided for by Chapter 119. But that aside, 12 yes; I am instructing my client not to answer 13 based on the fact we object based on 14 attomeyJcliem privilege. 15 MR WELLS: Okay. Would you certify that 16 question? 17 BY MR WELLS: 18 Q In connection with — strike that. Of the 19 approximately 30 lawsuits that you have filed, you've 20 indicated this is the first deposition you've ever 21 given. 22 A That's correct. 23 Q Su do I assume from that that you have not 24 given a deposition in any of those other cases? 25 A No, I have not Page 46 1 Q Have any of those other cases gone to trial? 2 A No. 3 Q Of the approximately 30 cases that have been 4 filed on your behalf, can you tell me approximately 5 how many of them have settled? 6 A Approximately haw many of them seWed7 7 Approximately -- rd say about six — between six and 8 eight have settled. 9 Q In Duval County, can you tell me-- I think 10 you said approximately eight have been riled here. I I Can you tell me how many in Duval County have settled? 12 A Duval County? Two. 13 Q Okay. Does your—strike that. In 14 connection with any of the lawsuits that you have 15 filed in which the O'Boyle Firm has represented you, 16 have you made payment for attorneys' fees to the frrm7 17 A Na 18 Q Of those cases that have settled, can you 19 tell me how many of them involve claims by you for 20 damages other than for attorneys' fees? 21 A I'm sorry. 22 Q Of those cases you believe have settled, can 23 you tell how many of them settled with a payment of 24 damages to you as opposed to a settlement based on 25 attomcys' fees? Page 12 (Pages 45-48) Page 47 1 A I don't recall specifically, no. 2 Q In connection with your activities and 3 seeking public records from different entities, aside 4 from whatever payments you may get out of the 5 settlements, do you get reimbursed for any expenses? 6 A No. 7 Q You don't gel mileage or airfare — 8 A No. 9 Q — or anything like that? How are the 10 payments that you get fmm the settlements — strike I I that How do you document payments you get Gam these 12 settlements? 13 A How do I document? 14 Q Yes, sir. Do you have Quickbooks; do you 15 have any kind of ajoumal; do you have a ledger that 16 you maintain records of whatever you receive? 17 A My rwordkeeping is pretty sloppy, to be 18 honest with you. I have a folder at home where I keep 19 the check and ljwt write down which vendor settled 20 and I put it in a folder. 21 Q Okay. Am your activities in seeking public 22 records Gore different agencies — and 1 think you 23 used the word vendors — do you work with someone? 24 You mentioned Mr. Covenant. Is them anybody else 25 other than Mr. Covenant that you worked with when Page 48 1 you — 2 A Whatyoudomeanbyworkwith? 3 Q When you go to an agency or to a vendor, are 4 yen always accompanied by someone? 5 A Not always, no. 6 Q What percentage of the cases that you've 7 been involved in have you been accompanied by someone? 8 A A percentage? I would say the majority of 9 the cases that rve been involved in someone is 10 usually with me. 11 Q Okay. Of those in which you have been 12 accompanied, how many of those have been Mr. Covenant? 13 A Idorilkaow. l haven't kept track of that 14 Q Where does Mr. Covenant live? 15 A He lives in Jacksonville. 16 Q Do you know his addmss7 17 A It's one of those things I know where he 18 lives, but I dou t know his sneer address. No, sir, 19 I do not 20 Q Is them anyone in the Jacksonville area, 21 other than Mr. Covenant, who has accompanied you on 22 any of your trips in which you have requested public 23 records? 24 A In the Jacksonville area? Not that I 25 recall. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 49 I Q Can you give me the name of anyone else in 2 any other area who has accompanied you on you trips 3 for requests for public records? 4 A In any other area? Joel Chandler, 5 Carlos Miller. 6 Q Okay. Where does Mr. Chandler live? 7 A Mr. Chandler lives in Lakeland, Florida 8 Q To your knowledge, do individuals like 9 Mister— strike that On any of the public records 10 requests that you have been on, has the interaction I I with the government agency or vendor been by you 12 primarily, or are there occasions in which 13 Mr. Covenant or Mr. Chandler or Mr. Miller has 14 actually made some public records requests? 15 A The majority of the time, it is usually 16 myself or Joel Chandler. I believe Mr. Covenant has 17 requested records — Fm not sure how many times — 18 but it's usually Mr. Chandler or me that does the 19 public records request 20 Q Has Mr. Chandler been involved in any public 21 records requests in Duval County? 22 A Yes. 23 Q Which one? 24 A I'm not for sure. You mean with mel 25 Q Yes,withyou. Page 50 I A Which one? I would have to access my 2 records to see which ones. He was not with me with 3 PACE. 4 Q What" of records do you maintain that 5 would show you whether Mr. Chandler was with you on 6 any given occasion, or Mr. Covenant, or Mr. Millet? 7 A Well, the videos show whether he was with me 8 ornot. 9 Q Videos, multiple? 10 A Yes. 11 Q Do you video each request you make? 12 A I do. 13 Q Do you know if on those occasions in which 14 Mr. Covenant accompanies you but does not — is not 15 the one who actually makes the request, does 16 Mr. Covenant get some type of compensation for his 17 work? 18 A No. 19 Q Do you know if any lawsuits have been filed 20 in Mr. Covenant's name? 21 A I do not. No. 22 Q Do you know if any lawsuits have been filed 23 in Mr. Miller's name? 24 A Mr. Millers time regarding public records 25 specifieally7 Page 13 (Pages 49-52) Page 51 I Q Yes. 2 A I do not 3 Q Do you know if Mr. Chandler has been the 4 plaintiff in any caves of public records in which the 5 O'Boyle firm is representing him? 6 A I believe he has. Yes. 7 Q Speaking of Mr. Chandler, am you familiar 8 with the Citizens Awareness Foundation? 9 A Yes, 10 Q Okay. Do you play any role in the Citizens 11 Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareness Foundation? 15 A No. 16 Q You're not on the board of directors? 17 A No. Is Q Yo0i: not a founder of Citizens Awareness? 19 A No. 20 Q You don't receive any compensation from 21 Citizens Awareness? 22 A No. 23 Q Is Mr. Chandler involved with Citizens 24 Awareness? 25 A I believe Mr. Chandler has resigned from Page 52 1 Citizens Awareness, 2 Q What did he resign from; was he employed by 3 Citizens Awareness or — 4 A I believe he was employed, yes. 5 Q Do you know where the offices of Citizens 6 Awareness is? 7 A I do not. 8 Q Sir? 9 A Somewhere in Miami, I believe, Deerfield or 10 Miami. I 1 Q Have you ever been to those offices? 12 A No. I have not been to Citizens Awareness 13 offices, no. 14 Q I apologize. I'm old. My sight's good but 15 my hearing's not very good. If you could speak up 16 just a little bit 17 A I have not been to Citizens Awareness 19 offices as In as I know unless... 19 Q But you have been to the offices ofthe 20 O'Boyle law Firm? 21 A flight 22 Q Do you know who founded Citizens Awareness? 23 A The rounder of Citizens Awareness? 24 A No. 25 Q Do you know anybody who does serve on the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 53 I board of directors of Citizens Awareness? 2 A Do I know anybody who serves on the board of 3 directors of Citizens Awareness? 1 don't know who the 4 board of directors are for Citizens Awareness. 5 Q And you currently have no agreements that 6 you're aware of with Citizens Awareness Foundation? 7 A No, no. B Q Have you eva had any type of agreement or 9 formal relationship with Citizens Awareness? 10 A No. 11 MR. WELLS: We'll take about a 10 -minute 12 break. 13 (Brief break.) 14 BY MR. WELLS: 15 Q I meant to nsk you, Mr. Gray — you 16 indicated you were introduced to the O'Boyle Firm by 17 Mr. Chandler. 18 A Uh-huh. 19 Q How did you meet Mr. Chandler? 20 A I met Mr. Chandler at Firehouse Subs on 21 Beach Boulevard. We had — I had admired his work 22 with FOG Watch, Florida Open Government Watch. 23 Contacted him by email. He was in Jacksonville 24 visiting his brother, I believe is what it was. And 25 he admired my work and what I did on YouTube, so we Page 54 1 met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About— I'mjust not sure exactly 4 when it was, but it was 2013, around June of 2013 or 5 so. 6 Q Okay. Did Mr. Chandler eva suggest to you 7 that you leave Wim -Dixie and take up Photography Is e Not A Crime and transparency in government — 9 A No. 10 Q — as full-time -- 11 A No. 12 Q Did Mr. Chandler introduce you re 13 Mr. Abraham Shakfeh? 14 A Yea. IS Q Do you know if there's any type of 16 relationship or arrangement that you're aware of 17 between Mr. Shakfeh and the O'Boyle Firm? 1a A No. 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awareness. 21 A Correct. 22 Q I may have asked you — if] did, I 23 apologize —do you know when? 24 A Do I know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 I A I believe — I'm thinking it was last 2 month. It was sometime in July. I'm not sure exactly 3 when. 4 Q Do you know why he resigned? 5 A Pm not really sure why. I think he made a 6 statement on FOG Watch about it. 7 Q On FOG Watch? 8 A Yes air. 9 Q F -o -g W -a -t -c -h? 10 A It's an scronym for Florida Open Government I I Q Okay. Did you read the statement he made on 12 FOG Watch? 13 A I did. I believe it said something about 14 there was differences, irreconcilable differences, I 15 believe, was what it was in the goals that were set. 16 But other than that, rm not really sure. 17 Q Irreconcilable differences in the goals that IS were set? 19 A Yes. 20 Q Have you had any conversations with 21 Mr. Chandler about resigning from Citizens Awareness? 22 A No. 23 Q Were you aware, prior to his resignation, 24 that he was — that there were irreconcilable 25 differences? Page 56 I A No, not really, no. 2 Q How often did you and I& Chandler speak? 3 A How often did we speak? We'd speak, you 4 know, once every two weeks or something. 5 Q Before he resigned, did you speak every two 6 weeks or so? 7 A Yeah. 8 Q Since he's resigned, have you spoken every 9 two weeks or so? 16 A Yes. 1I Q And you've not had a conversation about why 12 he resigned? D A No. He doesn't really want to talk-- get 14 into any specifics about it or anything like that. is He's mentioned that he resigned, but he hasn't 16 expressed any details as to why or anything like that. 17 Q Do you know what he did with Citizens 18 Awareness Foundation? 19 A Mr. Chandler was -I believe he was the 20 chairman of Citizens Awareness Foundation. 21 Q Okay. Chairman? 22 A I believe so. Pm not really sure. 23 Q Okay. I think you said you thought Citizens 24 Awareness was somewhere near Miami. 25 A Uh-huh. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 57 1 Q And Mr. Chandler lives in Lakeland? 2 A Correct. 3 Q Did he go to the offices of Citizens 4 Awareness to work, or do you know? 5 A I believe he traveled, yes, between his home 6 and Miami. 7 Q Okay. Is Mr. Chandler, to your knowledge, 8 still involved in public records requests? 9 A Yes, he is. 10 Q Do you know if he is represented in any way 1l currently by the O'Boyle Firm? 12 A I do not know. 13 Q Do you know if he's represented currently by 14 Mr. Shakfeh? 15 A I do not know. 16 Q From reading the complaint in this case 17 involving PACE, I have gleaned firm that that you 1s visit agencies or vendors, as you call them. Do you 19 consider PACE a vendor? 20 A Yes. 21 Q Okay. When you visit an agency or a vendor, 22 you generally have a contract -- 23 A Yes. 24 Q —of some sort that either the agency has 25 or the vendor has with an agency; is that correct? Page se 1 A That's correct. 2 Q Where do you get the contract? 3 A I get the cantract o@line from the 4 government website. 5 Q Which govemmentwebsite? 6 A Man, 1 can't think of it right now. Pm so 7 bad about this. Pm sorry. The CFO website, the 8 government website where this all — you get it form 9 the Attorney General website and the CFO website, just 10 go on them as a public record I t Q Do you get those, or docs somebody get them 12 for you? 13 A I get them and sometimes Thomas gets them 14 for me. 15 Q Sometimes who? 16 A Thomas. 17 Q Thomas? 18 A Covenant 19 Q So either you or Mr. Covenant does a search 20 online for government contracts - 21 A Uh-huh. 22 Q — through various government agencies; is 23 that correct? 24 A Through various government — yes, yes. 25 Q No one provides you with those contracts? Page 15 (Pages 57-60) Page 59 I A No. 2 Q Tell me how you do a search. Now did you 3 find the contract involving PACE? 4 A The contract involving PACE, Thomas found 5 it — Thomas Covenant found it He sent it to me by 6 email. And we looked at it and it was in 7 Jacksonville, so it was close by. Thomas found it for 8 me. 9 Q And he sent it to you by email? 10 A Correct 11 Q Other than Mr. Covenant, has anyone else 12 ever assisted you in locating a contract with a state 13 agency or the vendor! 14 A Joel Chandler. 15 Q Anyone else? 16 A Not that l recall. lust Thomas and Joel. 17 Q It's your testimony today that nobody in the 18 O'Boyle Firm has assisted you in finding contracts 19 with the State of Florida? 20 A Nobody in the O'Boyle Firm has ever assisted 21 me in fording contracts in the State of Florida 22 Q Has any allomey ever assisted you? 23 A No. 24 Q Nobody other. than Mc Covenant and 25 Mr. Chandler and you have been involved in identifying Page 60 I and downloading contracts with state agencies? 2 A What do you mean by that? 1 mean, I don't 3 know if anybody else has done it 4 Q That you have utilized in your efforts? 5 A That's correct Just me, Thornes and Joel. 6 Q Okay. Did anybody tell you how to do that? 7 A Did anybody tell me how to do it? No. 8 Q Okay. It's just something you kind of 9 learned on your own? 10 A Yeah. it Q When you locate a contract with a government 12 agency, how do you determine what records am involved 13 in the contract? 14 A How do we determine what records are 15 involved in the contract? Specifically, with the 16 example of PACE, I look at the contract online, see if 17 the contract is active. We look for the public 18 records language in the contract And if it says in 19 the public records language — if it says in the 20 public records language in the contract, if it says 21 that the vendor, as I call them, is subject to public 22 records, we decide to go do a public records request 23 Q Is it not your experience, in looking at 24 contracts with state agencies or any government 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Hay Street, Suite 1450, Jacksonville, Florida 32202 9 t0 11 12 15 16 17 Is 19 20 21 22 23 24 25 9 10 11 12 13 14 IS 16 17 is 19 Page 61 agency or the entity to comply with public records law? A Yes. It is — in the contract, it specifically does state that they are required to comply with the records language, if the 119 language Is there. Q So how do you determine what document you want to request? A How do I determine what document? Just whether its public record or not, if it's a part of the contract, if it falls under the definition of public records. Q Okay. Does anyone assist you in determining what document to request that may be part ora contract that you have reviewed? A Does anyone assist me? No. I made that determination myself. Q So can you tell me how many government contracts you have reviewed in calendar year 2014? A Calendaryear— Q I'm not limiting it to state — any governmental entry whatsoever. A So you're talking about contracts between the government —any agency and a vendor? Q Well, it's my understanding you don't limit Page 62 yaw public records request to vendors. A Right Q You go to government agencies and make requests? A Yeah. But the government agencies don't have contracts. Q But they have documents? A Yeah, they have documents. I wwn't sure what you mean. Q For right now, we'll limit it. How tinny contracts have you reviewed that any government agency has with a vendor, such as PACE, in calendar year 20147 A I would say approximately 50. Q And of that approximate 50, you filed suit on approximately 30? A Approximately 30. Q Okay And you review— you have reviewed all 50 of these contracts approximately to determine if they're object to Chapter 119? A Correct 22 Q And you have reviewed approximately all 50 23 contracts in order to determine what documents to 24 request? 25 A No. I'm reviewing the convect just -- Page 16 (Pages 61-64) Page 63 1 whether it's object to Chapter 119 or not. And the 2 contract don't necessarily, you know, help me 3 determine which record I want because it's whatever 4 falls under the definition of public records is what 5 I'll ask for. 6 MR. WELLS: Ms. Silverberg, would you read 7 that last question and response back? g (ILe last question and answer was read back) 9 BY MR. WELLS: 10 Q Pm not sure I understand that, Mr. Cray. 1 t You get a contract that a vendor has with a government 12 agency; you download it? 13 A Uh-huh. 14 Q You get a had copy? 15 A Correct 16 Q And you review the comma to make sum — 17 win determine if there is a public records 18 compliance requirement in the contract? 19 A Correct. 20 Q Then you take that contract to a vendor? 21 A If Pm determined to go to the vendor, yes; 22 typically, I will have the contract. I ]like to have 23 the contract in my hand. 24 Q So you make a determination that you're 25 going to go visit ABC vmdm7 Page 64 t A Yes. 2 Q And you ask far what whenyou go to ABC 3 vendor? 4 A lust whatever comes in my mind when I'm 5 going in there, whatever is in relation — whatever 6 documents are created and are received in relation to 7 that contract that they have with the State. So it B could be anything from the signatory page of the 9 contract itself, if the contract requires — which 10 they all do — they all require that them be adequate I I liability insurance, PII ask to inspect and 12 photograph a copy of the liability insurance 13 certificate. Somctmes I'll ask for the most recent 14 invoice. Just whatever records are created or 15 received in conjunction with the specific cimmict 16 that Pm visiting the vendor with. 17 Q Do you know anyone who uses the email time, I6 a -n -o -n -a -m -a, Anonama? 19 A Not that I recall, no. 20 Q Okay. 21 A What is it again, A -n -- 22 Q A -n -o -n -a -m -a. Two words. 23 A No. 24 Q The answer to my preceding question was kind 25 of what I was looking for earlier. When you have Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 Page 65 I downloaded the contract and satisfied yourself that 2 Chapter 119 compliance is required, you then identify 3 something within the contract to ask the vendor for? 4 A Uh-huh. 5 Q How do you make the determination what to 6 ask for? 7 A How do I make the determination wbat to ask 8 for? Since I'm doing an in-person public records 9 request, what I typically do is I'll ask for the 10 absolutely easiest thing for the vendor to comply with I l because I would like — like if I want to inspect and 12 photograph proof of liability insurance or the 13 signatory page of the contract, then I try to get the 14 easiest thing for them to comply with so that it 15 doesn't take a lot of effort on thew part and I ask 16 for that 17 Q How do you make a determination as to what 18 is the easiest thing for the vendor to comply with? 19 A Whether or not they have to do a lot of work 20 to go get it, whether or not it's easily accessible, 21 whether or not there's any redactable information on 22 it that's required by Florida Statute 119, you know, 23 things like that. 24 Q But if you're not familiar with an agency or 25 a vendor, how do you know what's accessible? Page 66 1 A flow do I know what's accessible? Based on 2 if it's created or received in relation to the 3 contract, the vendor contract. Its the public 4 records law. 5 Q How many of the 50 contracts — 6 approximately 50 contracts that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Lice 1 said, I believe there's been 30 m40 10 that Pve visited this year. I I Q And of the — and you said you sued 12 approximately 30? 13 A Uh-huh, 14 Q And you've vishtd approximately 30 m 40 of 15 them. Would it be fair to say you've sued almost 16 everyone you visited? 17 A About half to the majority of them, yes. A 18 little more than half, yes. Some of them comply. 19 Q Pardon me? 20 A Some of them comply with no problem. 21 Q Some of them comply what? 22 A Withnopmblem. Some ofthemjust comply 23 when you go in and ask for records. 24 Q Of the 30 or 40 that you have visited of 25 your approximate 50 contracts you have downloaded, how Page 17 (Pages 65-68) Page 67 I many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them are for 4 proof of insurance. When I go in, that's the document 5 I typically ask for is die proof of liability 6 insurance. I like to check and see if they have the 7 insurance required by the contract. e Q Of those approximately 30 to 40 vendors — 9 of the 30 to 40 you've mentioned, are they all vendors 10 like PACE? II A Correct 12 Q Of whatever number you have visited, did you 13 give any of them a call in advance? 14 A No. 15 Q Did you communicate with any of them at all 16 in any form in advance prior to visiting whatever 17 office you visited? 18 A No. 19 Q Is there a reason for that? 20 A No, 21 Q How do you determine which vendors you're 22 going to visit? 23 A How do I determine which vendors Pro going 24 to visit? Well, like I said earlier, I look at the 25 contract. I determine whether the contract is Page 68 I active. And then if it's a vendor that I'm interested 2 in, to see — to see if I want to check to see if they 3 are maintaining liability insurance or they're keeping 4 their records like they're supposed to, I'll just go 5 to them. 6 Q What makes you interested in any particular 7 vendor? e A Any particular vendor? Nothing really 9 specific. There's nothing that makes me interested in 10 any one vendor over any other. I just want to go see 11 if tate records arc there. 12 Q Well, in your prior answer, you said, If 13 it's a vendor I'm interested in. 14 A A vendor I'm interested in. 15 Q What do you mean by that? 16 A What do I mean by that, a vendor I'm 17 interested in? I don't know. Something that would 18 make me interested is if I don't have to travel too 19 far to go to it, if it's in the local area. 20 Q How far is Broward County from here? 21 A Broward County is — I'm not sure. I don't 22 know the exact mileage. 23 Q Did you file any lawsuits in Dade County? 24 A In Dade County? I believe I have. 25 Q You haven't filed any in St Johns, have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 18 (Pages 69-72) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 69 Page 71 t you? I vendor where a video has been deleted? 2 A No. 2 A thaw not deleted any videos where I have 3 Q Okay. Do you know if there ate vendors or 3 filed suit on them. I do not delete — I have the 4 state contracts in your home county? 4 original video and the video that I put on YouTube. 5 A I'm sure thereare, but 1 haven't reviewed 5 But other videos where I've gone into vendors and they 6 stay mutracts that I can remember. 6 complied or they scheduled me to come back, I don't 7 Q You haven't viewed any contracts between a 7 keep every video that I record. 8 vendor and a state agency in St. Johns County; is that 8 Q Scheduled yen to come back. So thele are 9 correct? 9 some vendors that have asked you to come back? 10 A That's correct. to A Yes. I 1 Q You've indicated drat you have a file with 11 Q And do you do that? 12 all the complaints that have been filed in your name? 12 A I have sometimes come back. Yes. 13 A (Nods head.) 13 Q Why do they ask you to come back? 14 Q Is that a yes? 14 A They'll ask me to come back bemuse maybe 15 A I dont have all of them, no. 1 don't 15 the person is not them that has the contract, or the 16 have -- because some of them, just quite frankly, have 16 person that's designated as the contract — the person 17 not been sent to me, 17 that's designated as the contact person. is Q They quite frankly what? 18 Q Okay. So there are circumstances where the 19 A They haven't been sent tome. I don't have 19 person who might be in charge of the contract is not 20 all of them, all of the complaints. 20 available? 21 Q Okay. Do you maintain a log of each visit 21 A Uh-huh. 22 you make to a vendor? 22 Q Have you encountered situations where 23 A Do I maintain a log? No. 23 whoever might be responsible for the contract or in 24 Q Do you have a file of the contracts, these 24 charge of the office or whatever is not available, 25 approximately 50 contracts that you've downloaded and 25 because of prior commitments, given the fact yen Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 70 Page 72 I viewed? I haven't given notice of your intent to visit? 2 A No, not all of them. I have — typically, 2 A Yes. 3 if I have a video, I will put the contract in a file 3 Q In those situations, do you go back when the 4 with the video, I guess. 4 person is available? 5 Q I thought I understood you to say earlier 5 A As smarter of fact. with PACE, I went 6 that you had videoed every visit you've made to 6 back. I went there and I requested it. They said 7 request public records. 7 that the person was not available; Can you come back 8 A I have. 8 later? I said, What time can you expect the contact 9 Q So I assume then, from your immediately 9 person to be there? And they said, Well, come back to prior statement, that you got a contract with each 10 later this afternoon. I can't remember exactly when it video for all the visits you've made. I I it was. So I came back later that afternoon. 12 A Yeah. But I don't save all my videos and 1 12 Q Did you video both visits? 13 don't save all my contracts. 13 A I don't recall if I videoed both visits or 14 Q Okay. t4 not. I don't recall. 15 MR. WELLS; For the record, I would like t5 Q Mr. Taylor has provided me, I think — I 16 this to stand as a request for the preservation 16 really haven4looked at it — I think Wit just one 17 of all evidence, specifically including videos, 17 episode, if I understand it. 18 that are still currently in existence or Is A Uh-huh. 19 obtainable. 19 Q Is that a yes? 20 BY MR. WELLS: 20 A Is that a yes about what? 21 Q Have you deleted any videos? 21 Q There's only one episode? 22 A Yeah. 22 A Yeah, 23 Q Do you know how many you have deleted? 23 Q You only videoed one encounter, if you will, 24 A No. 24 at PACE? 25 Q Do you know of any particular agency or 25 A That's correct. Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 19 (Pages 73-76) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 73 Page 75 1 Q Do you know if the video you made at PACE I capability? 2 was of the fust visit or the second visit? 2 A Correct It looks like a still photo 3 A It was the second visit. 3 camera, but it has — because that's what I use it 4 Q The second visit? 4 mainly for, is to photograph the documents also, and 5 A Yes. 5 it also has audio and video capability, yes. 6 Q Okay. When you visit a vendor, do you ask 6 Q Okay. Do you ever use any type of ipad, 7 for anyone in particular when you get there? 7 mini pad, any kind of tablet kind of thing? 8 A Usually I try to ask fora person, if it's 8 A I will occasionally use my il'ad, yes, if 9 what's listed on the contract, i try to ask for the 9 its got — sometimes I don't have the contract 10 contact person that says the contact person where the 10 printed out and I'll just have the basic information I 1 administrative records are stored is and it will give I I about the contract: The contract, the vendor — the 12 a name. And I'll typically try to ask fnr that 12 contract number, the vendor, who the vendor has the U person, or the public records coordinator, or whoever 13 contract with. And so that's whot I use the iPad for. 14 you guys have to handle public records requests. 14 Q When you make a request for a document, 15 Q Did you do that with PACE? 15 pursuant to public records request and you are 16 A I don't recall specifically if I did. I 16 videoing with audio, do you notify whoever it is that 17 would have to review the video again. I don't recall. 17 you're doing that? 18 Q Why do you video what you're doing? 18 A No. 19 A Why do I video? To document the public 19 Q Do you obtain their consent to do that? 20 records request 20 A No. 21 Q We refer to video. In whatever filming you 21 Q Is there a reason why you do not? 22 do, do you also include audio? 22 A No. 23 A Yes. Z3 Q I know ymem represented by counsel, but 24 Q So what Mr. Taylor sent me is not only a 24 have you ever considered the legality of obtaining 25 video of your encounter with the folks at PACE, but it 25 video and audio of someone without obtaining their Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 74 Page 76 1 also includes audio? I consent? 2 THE WITNESS: Is that what you sent him? 2 A The legality of it? I know the public — 3 MR TAYLOR It was my understanding that 3 Pm not an attorney or anything, but I know the public 4 it's both. I'm saying it was —1'm showing what 4 records law has a statute about the right to 5 we sent you was video and audio. If you didn't 5 photograph the records. And it says that the person, 6 get either one, we can certainly — 6 when they are fulfilling a public request, they are 7 MR. WELLS: I have intentionally not —1 7 standing in the shoes of the State and the public 8 mean, I opened — I saw the bit about what it was 8 officials have no expectation of privacy while 9 and then I shut it down because I wanted this to 9 performing their official public duties. 10 be — 10 Q So it's your interpretation of whatever 11 MR. TAYLOR: Okay. Understood. I t provision you just read that that gives you the right 12 THE WITNESS: It's always — whenever I do 12 to obtain audio from that person without obtaining 13 video, it's audio and video. 13 consent, without providing notification? 14 BY MR WELLS: 14 A Yes. Tbm's my interpretation. 15 Q Okay. And Mr. Covenant was with you? 15 Q Have you ever tested the validity of that 16 A Yes. 16 interpretation anywhere? 17 Q Is he shown on the video that you make? 17 A Tested the validityof it? 18 A He tray or may not be. If he walks in front 18 Q Yes, sir. 19 of the camera. 19 A I'm not sure I understand what you mean. 20 Q What kind of camera do you use when you 20 Q Have you ova sought advice of counsel as to 21 video? 21 whether your interpretation is correct? 22 A 1 use a Canon EOS =am because that's the 22 A Outside of advice of counsel? No. 23 one that I also use to take a photo of the document 23 Q Sir? 24 Q A Canon EOS, that has — and I'm totally 24 A No. 25 illiterate, okay — a Canon EOS has video and audio 25 Q Has anyone ever objected to your using audio Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 77 I in your videos? 2 A No. 3 Q Has anyone ever objected to your using 4 either audio or video? 5 A No. You're speaking — videos, you're 6 talking about all of my videos? 7 Q I'm talking about has any particular 8 individual that is shown in any of your videos 9 objected to being displayed in your video — we'll 10 start with video — in your public records request II activities? 12 A In my public records request activities? 13 Q Yes. 114 A With vendors, no. With public agencies, 15 yes. 16 Q Can you identify any public agency — public 17 agencies or public agency employees who have objected? 18 A Identify the individual, or just the 19 agency? 20 Q What abjection my have been made, who made 21 it? 22 A Let's see. Members of the Jucksonville 23 Sheriffs Office have objected. The Jacksonville 24 Agricultural Department has objected. The videos aro 25 all on my YouTube channel. I would have to look at Page 78 1 them to see which anes specifically objected because 2 there we so many of them 3 Q Have you ever deleted any videos or audio 4 pursuant to an objection by anyone? 5 A Deleted any videos or audio pursuant man 6 objection? Pursuant to an objection, what do you 7 mean? e Q If anybody ever made an objection to the 9 video or audio, did you delete it when they made that 10 objection? 11 A No. 12 Q Under what circumstances have you deleted 13 any video or audio? 14 A Under what circumstances have I ever deleted 15 any audio or video of — 16 Q Of anyone in which you had been making a 17 public records request. 18 A I don't understand the question. 19 Q Okay. lea my understanding, Mr. Gray, that 20 every time you make a public records request you video 21 that request and that video is accompanied by audio; 22 is that coned? 23 A That's correct 24 Q Hes anyone ever objected to your having 25 videoed your request of that person in your making a Page 20 (Pages 77-80) Page 79 I public records request? 2 A Some public agency —people who work for 3 public agencies, yes, they have. 4 Q Okay. And as a result of those objections, 5 have you deleted any of those video or audio films 6 that you look? 7 A No. 8 Q You have not? 9 A No, not because somebody objected to them. 10 Q You have deleted some, but not because of 11 the objections? 12 A Correct. 13 Q And did I understand you earlier, the ones 14 you have deleted have been from the Jacksonville 15 Sheriffs Office and the Jacksonville Agricultural 16 something or other? 17 A Yeah—no. Those aren't the ones I 18 deleted Those an: the ones that objected. 19 Q They objected, but you did not delete them? 20 A They objected •- I've done so many videos. 21 I've deleted some and I've published some. I don't 22 know specifically which ones I've deleted and I 23 haven't deleted. I know that I've never deleted a 24 video specifically because someone objected to me 25 videotaping. Page 80 I Q Well, to the extent you may have deleted 2 some, why would you have deleted them? 3 A Maybe theyjust weren't interesting enough 4 to be published on YouTube. 5 Q Okay. When you go into a vendor accompanied 6 by Mr. Covenant or Mr. Miller or 7 Mr.Chandler, how do you identify yourself? 8 A I don't identify myself. I say, rat here to 9 make a public records request 10 Q You don't give them your name or anything 11 like that? 12 A No. 13 Q Okay. How do you identify what it is you're 14 looking for when you make a public records request? 15 A How do I identify what it is fm looking for 16 when I make a public records request? I tell the 17 person that fm speaking to — usually I'll have the 18 contract in my hand; I've printed it. I tell them 19 what the contract number is. I tell them it's the 20 contract between whatever vendor it is and whatever 21 agency they have the contract with. Like I said, I 22 give them the contract number. And I simply my, I'm 23 making a public records request; I would like to 24 inspect and photograph whichever document rat asking 25 to inspect and photograph. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page al Q Okay. Assuming that — without regard to PACE, butjust generally speaking, you go to a vendor, you make a request, for whatever reason you don't get the documents you requested, I believe you indicated there are times when you go back. A Uh-huh. Q Is that a yes? A Yes. 9 Q Ate there times when you don't go back? 10 A Yes. 11 Q What dictates those times when you don't go 12 back? Q Okay. You indicated earlier that sometimes 13 A Opportunity, time, distance, how busy I am. 14 Q Have you ever left your time and contact IS information with any vendor when you were unable to 16 get the documents you requested — 17 A Na Is Q — upon your initial visit? 19 A No. 20 Q Is them a reason for that? 21 A Because I have a right to remain anonymous . 22 when 1 make my public records request 23 Q You have a right to retrain anonymous? 24 A Yes. 25 Q Is that why you filed 30 lawsuits? Page 92 Page 21 (Pages B1-84) Page 97 I Jacksonville; we may want to go check and see if 2 they're in compliance with public records basically. 3 Q If they were in compliance with public 4 records? 5 A Yeah. If they're going to comply with 6 public records access and to see if we could — 7 Q Okay. Who reviewed the complaint to 8 determine what to ask? 9 A I did. You mean - who reviewed the l0 complainl7 I I Q Excuse me. Who reviewed the contract - 12 A The contract. Okay. 13 Q -that PACE had with whatever state agency 14 to determine what to ask for? 15 A I did. 16 Q When did you do that? 17 A I don't recall. 18 Q Was it the day you went; was it sometime 19 prior to that? 20 A I don't recall; I don't recall when 1 21 decided. 1 believe I asked forthe certificate of 22 insurance. 23 Q Who did you ask for when you went there? 24 You said earlier you don't know. 25 A Who did I - Page 84 I A Is that why I filed 30 lawsuits? I Q Did you ask for anybody specifically? 2 Q Yeah. 2 A I can't remember if I asked for anybody 3 A I filed 30 lawsuits because my rights have 3 specifically. I would have to watch the video again. 4 been violated and they violate my right to access 4 Q Okay. You indicated earlier that sometimes 5 public recoils. 5 you ask for whoever is in charge of the contracts. 6 Q How long after you leave a vendor's office, 6 Did you do that at PACE? 7 when you don't get whatever it is you're asking for, 7 A That's what I just said; i don't recall if I s do you notify either the O'Boyle Firm or Mr. Shakfeh? s did. 9 A I have no set period of time. 9 Q When did you and Mr. Covenant make a to Q How do you do that, by phone? 10 decision that you were going to go visit PACE? I I A By phone, by email, whichever. 1 I A I don't recall. 12 Q Do you usually use your mobile phone when 12 Q Do you recall the date you went to visit 13 you make phone calls? 13 PACE? 14 A Yes. 14 A I don't recall. 15 Q Okay. I'm going to ask you specifically 15 Q Do you recall the month you visited PACE? 16 some questions now about PACE and some of these 16 A No. 17 will — probably your responses earlier will apply. 17 Q Do you recall the PACE address? 19 I'm going to assume that you somehow downloaded a is A No. 19 contract that PACE had with the agency that you 19 Q Do you recall whether you visited any other 20 believed they had a contract with. 20 agency or vendor in the same day you visited PACE? 21 A Right. 21 A We did visit other vendors in Jacksonville 22 Q Was that just a random downloading from the 22 that day. I don't recall which ones they were 23 agency, or how did you locate that contract? 23 specifically, but we did visit other vendors that day. 24 A With PACE, I was contacted by Thomas and he 24 Q When you and Mc Covenantor Chandler or 25 said, you know, there's a contract hem in 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 1 several in one day? 2 A Usually.yes. 3 Q Is there a particular period of time in 4 between these days that you visit vendors that you 5 don't? 6 A No. 7 Q Can you describe what you observed as you 8 entered the offers of PACE? 9 A Can I describe what I observed? Opening the 10 door, there was a receptionist I think she called a I I young lady up. I think I may have explained to the 12 receptionist — I would have to watch the video again 13 to be specific — but I explained to the receptionist 14 why I was there, to make a public records request I5 She contacted another — a young lady who came out and 16 I explained to her why I was there and that was to 17 make a public records request 18 Q Did you get the names of any of these 19 individuals you spoke with? 20 A I believe I did. I can't recall what the 21 names were. I believe they are on the video, when 1 22 asked. 23 Q Do you recall whether you asked the names, 24 or did the person volunteer their name, or what? 25 A IcanY recall. Page 89 I Q Do you remember either of the names of any 2 of the people you spoke with at PACE? 3 A No. 4 Q So you spoke to a receptionist who then 5 called someone else up? 6 A If I remember correctly, yes, yes. A young 7 lady came out 8 Q Was themanybody else in the vicinity when 9 you first walked in? 10 A Thomas walked in with ma I I Q Other than you and Mr. Covenant and perhaps 12 the initial receptionist who you spoke to, were them 13 any other people in the immediate vicinity? 14 A In the lobby area, no. I don't recall, 15 There was a — I don't recall. I think there were 16 people moving about, but I don't recall anybody else 17 in there. 16 Q Okay. Were you able to observe whether 19 them were any people there who you could distinguish 20 as clients of PACE as opposed to employees of PACE? 21 A I wouldnY know who was clients and who was 22 employees. 23 Q The first young lady —I assume the first 24 receptionist you spoke town female. 25 A Uh•huh. Page 22 (Pages 85-88) Page 97 I Q Could you tell how old she was? 2 A No. 3 Q Can you descnbe het! 4 A I mean, I can't remember. No. The 5 receptionist, no, 6 Q The second person that came up who was 7 called by the receptionist, male or female? S A Female. 9 Q Can you describe her? 10 A Brown hair, Caucasian, I think. Tim's I I about — brown hair, white female, really nice, teal 12 polite. 13 Q Do you recall anything about how uld she was 14 appreximately? 15 A She seemed to be 35 to 30 — 30 m 35, 16 somewhere around there. 17 Q Other than those two individuals, did you Is speak with anybody else at PACE — 19 A Not that I recall. 20 Q — you and Mr. Covenant? 21 A Not that I recall. No, sir. 22 Q Did you see any other people who appeared to 23 be employees of PACE while you were there? 24 A I saw people moving about, yes, moving about 25 the office, the oma in there. Page 89 I Q When you went into PACE, did you go to a 2 desk, or did you go to a counter or what? 3 A Went through —I think therewere glass 4 doors. As you enter, there's a mceptionist's desk 5 and there was some chairs on the wall. I spoke to the 6 receptionist, I believe. Explained to her that I was 7 there for a public records request, if I'm remembering 8 correctly. She told me that she would contact 9 somebody. So I sat down in the chair and the young 10 female that I just described came out I I Q Okay. Afer you spoke to the second person, 12 what happened? 13 A Aller I spoke to the second person, what 14 happened? 15 Q Let me make sure I understand something 16 too. When you spoke to the receptionist and then 17 spoke to the second person, was that on this first or 18 what you believe to be the second visit? 19 A Second visit. 20 Q Second visit let's go back to the first 21 visit. When did that occur? 22 A I think that occurred about three hours 23 before the second visit 24 Q Who did you speak with then? 25 A I believe it was the receptionist. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 99 1 Q The same receptionist you spoke with later? 2 A I believe so, yes. I explained I was them 3 for a public records request. They recommended for me 4 to come back later, 5 Q So the first receptionist you spoke with 6 said come back later! 7 A Yes. 8 Q Okay. Then you and Mr. Covenant left? 9 A Comet. 10 Q And then you came hack and thaes whenyou 11 spoke to the second person? 12 A Correct, 13 Q On your fust visit, the only person you 14 spoke with was the receptionist? 15 A If I mmember correctly, yes. 16 Q Did you film and audio that encounter with 17 the receptionist on the first visit? I8 A Idon'trecallifididornot Idon't 19 remember if the camerawas recording. 1 had the 20 camera to take the photograph, but 1 can't recall if 21 the camera was recording or not. I can't remember, 22 Q When you had your first encounter with the 23 receptionist, if you videoed it, has that been 24 provided to Mr. Taylor? 25 A If I videoed it? Page 90 l Q If you videoed it with audio— let me be 2 precise — 3 A No. 4 Q —you would not have provided it to 5 Mr. Taylor? 6 A No. 7 Q Why? 8 A I don't Ihink I did. Like 1 said, [don't 9 mmembcr if I recorded it or not. I don't think 10 there's a video of the fust encounter; I don't think I I there is a video of the first encounter. No. 12 Q Okay. But you have previously testified 13 that you video all encounters — 14 A Yes. 15 Q —so you can document your request. 16 A Yes. 17 Q And when you first walked in the door and 18 spoke to the receptionist, you did not know what 19 response she was going to make? 20 A Correct 21 Q But you didn't have your video on? 22 A I don't remember if I had it on or not. 23 Q Okay. So you may have had it on, you may 24 not have, but in any event nothing has been provided 25 to Mr. Taylor? Page 23 (Pages 89-92) Page 92 I A Correct 2 Q The second visit, the receptionist gets 3 another person You've now gat your video going with 4 audio? 5 A Yes. 6 Q Did you video and audio the portion with the 7 receptionist before she called this second person 8 over? 9 A 1 believe so. 10 Q Do you advise the second person, the white 11 female with dark brown hair, what you want? 12 A Correct 13 Q How did you identify for her what documents 14 you wanted? 15 A I believe I had the contract in my hand. 16 Like 1 said, I would say, Pm here to make a public 17 records request I tell them the contract number. 18 And I told her that I would like to inspect and 19 photograph the certificato of liability insurauce, 20 basically a pmof of insurance that's required by the 21 contract. 22 1 believe I had a sample fnm where I had 23 photographed or gotten a copy of a certificate of 24 liability insurance from another vendor — lb not 25 sum which vendor it was — as an example, just to Page 92 I show her what I was specifically looking for, to be 2 specific about it 3 Q Mr. Gray, I'm going to hand you a copy of 4 the complaint that has been filed in this matter and 5 purports to have a copy of the contract upon which you 6 are basing your lawsuit. And I would ask you, if you 7 would, to tum to the contract and find for me in the 8 contract where it requires or addresses the documents 9 you've requested. 10 A I have found it 11 Q SG? 12 A I found it 13 Q What page? 14 A Page 10 of 36. Is Q Okay. Now you asked for — you showed them 16 a certificate of insurance that you had received from 17 somewhere else? 18 A Correct 19 Q And you asked them to produce that document 20 that they maintained — 21 A Correct. 22 Q — is that correct? 23 A Uh-huh. 24 Q Okay. Where on Page 10 does it require PACE 25 to maintain that document? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 93 I A On Page 10 where does it require it? 2 Nowhere that I could tell. On Page 10, where does it 3 require that they maintain the document? 4 Q I'm trying to figure out — 5 A On Page 10, it does not I don't see any 6 language that says that it's required that they 7 maintain that document a Q So exactly what were you asking for? 9 A I was caking for the certificate of 10 liability insurance that's required by the document — I1 by the contracL 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 10? 14 A It says right here, The insurance provider 15 shall maintain, if applicable, the following types of 16 insurance listed: Commercial, general liability. 17 That's what I was asking for. 18 Q Okay. That requires them to maintain the 19 insurance? 20 A Uh-huh. 21 Q Is there anyplace in this contract that 22 you're aware of that requires PACE to maintain a 23 certificate of liability insurance? 24 A Written in the contract? The public records 25 access right here on Page t of 36. Page 94 1 Q Public records access. Now where on Page 1 2 docs it say that public records access means that they 3 have to maintain a certificate of liability insurance? 4 A It says, All documents created and 5 received — let's see. Tho provider agrees to allow 6 access and review of ail documents, papers, letters, 7 maps, books, tapes, photographs, film, sound 8 recordings, data processing, software and other 9 material, regardless of physical form or 10 characteristics, or means oftransmission, made or I 1 received pursuant to law or ordinance in connection 12 with the transaction ofoffrcial business by any 13 agency as defined in Section 119. All documents made 14 or received by the provider in conjunction with this 15 contract shall be made available except for those 16 public records which am made confidential by law. 17 Q Okay. Now what does that paragraph have to 18 do with the certificate of liability insurance? 19 A The certificate of fiability insurance is 20 required by the contract 21 Q Where? 22 A Well, it's required that they have liability 23 insurance. 24 Q I dou%dispute that 25 A Okay. Page 24 (Pages 93-96) Page 95 Q You didn't ask for proof of insurance; you asked for a certificate of liability insurance. A Something that proves that they have 4 insurance. 5 Q Is that what you requested? 6 A Yeah. 7 Q And it's your testimony that whatever video 8 you took will show that you requested them to provide 9 you with proof of insurance? 10 A Yes. 11 Q Does that contract require them to maintain 12 proof of insurance? 13 A Proof of imurauce. 14 Q My question is: Is your reading of the 15 contract, since you're the one who downloaded i4 or 16 Mr. Covenant downloaded it, but you reviewed it and 17 you made the determination that you're going to go ask I8 them for proof of insurance, where in the contract 19 does it require them to maintain that they have 20 insurance or have proof that they have insurance? 21 A In the contract? Well, typically, if you 22 have insurance, you have documentation showing that 23 you have insurance. 24 Q But when in this contract that you used 25 does that say that PACE has to do that? Page 96 1 A It doesn't say specifically insurance. It 2 says that they have to maintain records regarding the 3 contract. 4 Q Okay. So you're saying because Paragraph 5 1 — excuse me — Paragraph BA -2 on Page 1 requires 6 them to maintain their records, that requires them to 7 maintain proof of insurance that they're required to 8 provide to the State? 9 A Yes. 10 Q Did you speak to anyone else after this 11 young lady with the brown hair that day? 12 A You mean at PACE? 13 Q At PACE. 14 A I may have said good-bye to the 15 receptionist, have a nice day, as we were leaving. 16 Q Okay. When you told the lady with the brown 17 hair that you wanted a certificate of liability is insurance or proof of insurance, whatever it is you 19 said, did you speak with anyone after that? 20 A No. 1 don't recall. We left 21 Q And what did the young lady with the brown 22 hair tell you with regard to the document you 23 requested? 24 A She said that the person that she spoke to 25 on the phone — I can't recall who it was right now — Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 97 t but the person she spoke to on the phone said that it 2 needed to be in writing, that it should be emailed and 3 made in writing — the request should be emailed and 4 made in writing. 5 Q Do you know who at PACE was responsible for 6 maintaining the insurance contract? 7 A Maintaining, no. 8 Q Did ym ask for the person responsible fur 9 maintaining the insurance contract? to A No. If Q Did you ask for anyone else in particular 12 other than, I simply want proofofinsurence? 13 A I anmunced that I was thereto make e 14 public records request. 15 Q My question, Mr. Gray, is very simple: Did 16 you make a request for anyone in particular with 17 respect to your request for whatever insurance 18 information you were seeking? 19 A WhenI arrived, I can't remember if I asked 20 for what's listed as the contact person in the 21 contract. I dolt remember if f asked for that person 22 or not, but I did announce that I was there to make a 23 public records request. 24 Q Okay. And you said that this young lady 25 came back and had spoken to somebody on the phone? Page 99 1 A Correct. 2 Q Does that suggest to you that whoever she 3 spoke to was not them in the once? 4 A Yes. 5 Q Okay. Aftcr she come back to you and told 6 you that she had spoken to someone on the phone and 7 that in order to get the document you need to leave 8 your name and address, did you respond to her in any 9 way? 10 A I don't think she told me I needed to leave I I my name and address. 1 think she told me that 1 12 needed to make it in writing via email. I think 13 that's what she said. 14 Q Okay. What response did you make to that? 15 A I believe I told her that I would like to go 16 ahead and access the records now; I would like to take 17 a photograph and inspect the records now. 18 Q Do you have nay information, from any 19 source, that PACE had their insurance policy itself in 20 the office that day? 21 A No. 22 Q Do you have any information that PACE had 23 any type of documentation in the office proving they 24 had insurance that day? 25 A Other than what it says and the reason we Page 25 (Pages 97-100) Page 99 I went them is because, in the contract, it says that 2 is the place where the administrative record was 3 stored and the contact person, that is the address, so 4 that's why we went them 5 Q But my question is: Do you know if they had 6 it in the office that day? 7 A No. That's —no, 8 Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office to that day? I A No. 12 Q Have you subsequent to that day ever 13 received a certificate of liability insurance or any 14 other type of proof of insurance as to PACE? 15 A PACE, no. 16 Q Okay. You did not go back to PACE after 17 that fust day? is A No. 19 Q Have you ever made a inquest to go back to 20 PACE - 21 A No. 22 Q -after that first day? 23 A No. 24 Q Has anybody ever advised you of your right 25 to go back to PACE and photograph or inspect some Page 100 I record? 2 A No. 3 Q And you've never born provided by anyone 4 with proof of insurance that PACE maintained? 5 A Provided with anyone proof, what is that? 6 I'm not sum what you mean. 7 Q Whatever documents you were requesting, 8 whatever proof you were requesting when you went to 9 PACE, you never received that? 10 A No. Other than looking at the contract and I I seeing that they ate required to maintain — 12 Q Insurance? 13 A — insurance. 14 Q Okay. You didn't ask to see the insurance 15 policy? 16 A No. 17 MR. WELLS: 1 would like to have the 18 complaint and the attached contract marked as 19 Defendant's Exhibit 1 to the deposition. 20 (Defendant's Exhibit No. 1 was marked for 21 identification.) 22 BY MIL WELLS: 23 Q Mr. Gray, do you know of any reason why — 24 strike that Just to make sure I'm clear, since your 25 initial visit to PACE, not only have you not received Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 101 I the information you were requesting, but you've never 2 been advised of your right to go back there, that you 3 were invited to go back there to photograph and 4 inspect whatever it is you were requesting; is that 5 correct? 6 A (No response.) 7 Q Pardon mel 8 A I'm thinking. I don'trecall if I had been 9 advised if I could go back them. 10 Q Do you know somebody named Thrasa Giles or I1 Giles? 12 A No. 13 Q Do you know Yessica Cancel? 14 A No. 15 Q I had asked you, Mr. Grey, if you had ever, 16 since your first visit, seen the proof of insurance 17 you're asking for or a certificate of liability 18 insurance. Let me show you this document. I'll 19 represent to you that that is a certificate of 20 liability insurance on PACE — 21 A Okay. 22 Q — pursuantto their contract with the state 23 agency. You've never seen that before, have you? 24 A No, sir. Not from PACE. 25 MR. WELL: I'll have this marked as Page 102 1 Defenda0t's Exhibit 2. 2 (Defendant's Exhibit No. 2 was marked for 3 identification.) 4 BY MR. WELLS: 5 Q You aren't, by chance, in someway 6 incorporated, are you? 7 A No. 8 Q So none of Honor Your Oath, or Photography 9 is not a crime, or anything like that, you're not 10 incorporated in any respect? 11 A No, 12 Q Okay. 13 MR. WELLS: Let's take a ten-minute break, 14 if we can. I'm almost tuough. 15 (Briefbreak.) 16 BY MR. WELLS: 17 Q Just so that I'm clear, it's your testimony 18 you made two visits to PACE on the same day — 19 A Yes. 20 Q — about three bouts apart? And the Fust 21 visit, you spoke only to a receptionist? 22 A That's what I recall. Yes. 23 Q And she advised you to come back. Why? 24 A She said that the contact person or the 25 person that — the supervisor or whoever the CEO was Page 26 (Pages 101-104) Page 103 1 would be then:. When I asked for who would do the 2 public records type of deal, she said to cane back - 3 when that person is there, to I came back about three 4 hours later. 5 Q Okay. When you came back about three hours 6 later, you spoke only to the same receptionist? 7 A As farm 1 remember, yes. e Q And then a second person that was — 9 A Yes. 10 Q — about 35, brown hair, Caucasian? I I A A white female, Caucasian. 12 Q So those are the only two people you've ever 13 spoken to at PACE other than whatever acknowledgment 14 you may have made to Ms. Marx today? 15 A Yes. 16 Q After you left PACE that day, you never went 17 back and asked for the record again? 18 A No. 19 Q While you were there, what was Mr. Covenant 20 doing? 21 A He was just my frimd,just there alongjust 22 to be there 23 Q But could you see what he was physically 24 doing; was he just standing beside you or — 25 A Yeah. He wasjust kind sanding over to the Page 104 I left of me, from what I recall. 2 Q Okay. Other than standing over to the left 3 of you, you have no specific recollection of what be 4 was doing? 5 A No. He was just them with me. 6 Q Take a look at that document, if you would, 7 Mr. Gray. 8 A Okay. 9 Q You're welcome to mad all that you want to, 10 but have you ever seen that before? I I A No, sir. 12 MR. WELLS: I would like to have this marked 13 for identification purposes only; we're not 14 attaching it as an exhibit. 15 (Defendant's Exhibit A was marked for 16 identification) 17 BY MR. WELLS: 18 Q I would like you to keep that. It's not 19 going to be an exhibit to the complaint — to the 20 deposition. Not having seen that before, do you know 21 if you've ever discussed the contents of that before? 22 A No. 23 Q Okay. Do you have any information es to the 24 remifications of that document? 25 A Indications of ramifications of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 27 (Pages 105-108) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 Page 101 I document? I looking for? 2 Q Yes, sir. 2 A Yeah. That's what it looked like, so she 3 A No. 3 could have a point of reference, so she would know 4 Q When you made the request of the second 4 what I'm looking for. 5 person at PACE, brown hair, 35ish, Caucasian, you bad 5 Q And by this, we're referring (o 6 a copy of the contract with you? 6 Plaintiffs — excuse me — Defendam s Exhibit 2? 7 A I believe I did. Yes. 7 A Correct. 1 mean, I didn't have that 8 Q Okay. Did you show her or point to anything 8 particular document in my possession. It was one from 9 in the contract that you were looking fm9 9 another — 10 A I believe did, yes, i pointed to it and 1 10 Q A sample? 11 showed her the certificate of liability tram the other 11 A A sample, yes. 12 place, like, This is what I'm looking for, it's quick 12 Q You indicated that you had not been back to 13 and easy; just let me take a look at it and I'll leave 13 PACE and you indicated that you had never been advised 14 here. 14 that you could go back. Have you ever requested to go U Q And did you let her have either of those 15 back to anyone? 16 documents, either the contract or the certificate you 16 A Requested to go back to anyone? No. 17 had fiom the other source, for her to use to go back 17 Q Let me rephrase that. That wasn't clear. 18 to whoever she had to talk lo? 18 Have you ever requested of anyone to go back to PACE 19 A I think I may have given it to her, or she 19 so you could attempt to photograph and inspect 20 may have taken it. I'm not sure. I would have to 20 whatever record it was you were seeking on the fust 21 watch the video again. But — I am, if she would 21 visit? 22 have wanted to take it, I would let her ban it. 22 A No. 23 Q But do you recall, one way or the other, 23 Q Is it your understanding, Mr. Gray, that the 24 whether she took possession of either of those 24 O'Boyle firm and Mr. Taylor, in specific, is 25 documents? 25 representing just you in this litigation? Page 106 Page Loa I A I don't recall; I don%recali. I A In this, with PACE? 2 Q And when she came hack to you to say that 2 Q Yes, sir. 3 you needed to put it in writing, can you tell me 3 A Yes. 4 precisely what she said to you? 4 MR WELLS: 1 am through. 5 A She said — precisely, I cnn't recall, but 5 Mr. Gray, you have the right to read and 6 she said — she spoke to the person on the phone. The 6 sign, if it's transcribed, or you can waive that 7 person on the phone said that it needs to be made in 7 right If I ask for it to be transcribed, she's 8 writing, by email, the request needs to be made in 8 going to type up everything that was said today, 9 writing. 9 assuming she heard you. Once she gets it typed 10 1 believe it was at that point when I said, 10 up, you have the right to read it, to make sure I 1 Well —I showed her the certificate of liability from I I she's done it correctly. Mr. Taylor can advise 12 the other place and said, This is easy, and I handed 12 you as to whether you need to read and sign it or 13 her the contract. And she said, Per what I've been 13 not. You can't make changes to it, but you can 14 told on the phone, it needs to be made in writing. 1 14 make a notation of errors in her transcription. 15 said, Okay, thank you, and I lett 15 THE WITNESS: Okay. 16 Q Did she say anything about whether the 16 MR. WELLS: So you need to let her know 17 documents you were asking for was even in the office 17 whether you will waive the right to read it, or I8 at PACE? 18 whether you want to read it if it's transcribed. 19 A No, I don't think she did. I don't recall 19 THE WITNESS: I would like to read it if 20 that she did. 20 ifs transcribed. 21 Q Okay. But you showed her a document that 21 MR. WELLS: Very good. 22 said — hike this Exhibit 2, certificate of liability 22 (The deposition was concluded at 4:45 p.m.) 23 insurance? 23 --- _24 24 A Yes, I did, from another vendor. 24 25 Q And you told herthat this is what you were 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 28 (Pages 109-110) Page 109 1 CERTIFICATE 2 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 I, Cynthia Silverberg, Shorthand Reporter 5 and Notary Public, State of Florida at Large, do 6 hereby certify that I was authorized to and did 7 stenographically report the deposition of 8 JEFFREY MARCUS GRAY; that a review of the use seript 9 was requested; and that the foregoing transcript, 10 pages 1 tivuugh 108, is a true and complete record of I I my stenographic notes. 12 I further certify that I am not a relative, 13 employee, attorney or counsel of any of the parties, 14 nor am 1 a relative or employee of my of Ute partial 15 attorney or counsel connected with the action, nor am 16 1 financially interested in the action. 17 Dated this 24th day of January, A.D., 2015. 18 19 20 21 22 CYNTHIA SILVERBERG, Notary Public 23 24 25 Page 110 I CERTIFICATE OF OATH 2 STATE OF FLORIDA j 3 COUNTYOFDUVAL ) 4 1, the undersigned authority, certify that $ JEFFREY MARCUS GRAY personally appeared before me and 6 was duly swum. 7 WITNESS my hand and official seal this 24th S day ofJmuary, 2015. 9 10 12 CYNTHIA SILVERBERG, Notary Public 13 Notary PubUc-State of Florida My Commission Expires: 14 15 16 17 IS 19 20 21 22 23 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: I. My name is JOEL CHANDLER, 2. I am over eighteen (18) years of age. 3. 1 am a resident of Polk County, Florida. 4. I have personal knowledge of every assertion made in this affidavit.' 5. Citizens Awareness Foundation, Inc., (herein "CAFI"), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle Is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014, 1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became known as the "Citizens Awareness Foundation, Inc." or "CAFE' 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAR, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAR, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. EXHIBIT 9. During January or February of 2014, I participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that he was going to loan all necessary monies to fund CAFI and, after 501(c)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board, 12, Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14, Denise DeMartini is the long-timc employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAR, 1 have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAFI. 17.1 served as the Executive Director of CAR for approximately five (5) months, through the end of June 2014. 18. I resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William icing, Denise DeMartini, and some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm"), as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open goverment lawsuits, l had retained the O'Boyle Law Finn as my personal legal counsel. 20. My communications with the attomeys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAM and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle, 24. Despite assurances that CAR would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI, I repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Finn. William Ring, CAFI's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge or authorization. 28. The O'Boyle Law Finn routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29, Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements. 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 3l. During the O'Boyle Law Firm's representation of CAFI and me, I was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAM nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAR lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of Gulf Stream, under the pretense that these were being filed on behalf of CAFI. He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money". 35, Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAFI, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees of all of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm, 40. Although Martin O'Boyle named Denise DeMartini a director of CAM, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm, 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, i confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and slated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I teamed of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49. William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAFI in filing additional lawsuits. 52. After resigning from CAM I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my resignation from CAFI, I granted an interview with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which 1 believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and 1 was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58. I believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61, I then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm, l also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm, 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAM's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by tiling hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement, 66. Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice, 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me is false, The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetapple and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and trade my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking or my swom statements and authoring this affidavit is to protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAXETH NAUGH . JO ANDLER SWORN TO AND SUBSCRIBED before me thisc�27 day of October, 2014. y.; 34 `v" " AMBER C0L6aN KELLY' Nolafy PublIC • Srala of Flalda s,' My Camm. Expires May 31, WS e t+`` Commleslan A EE 166999 Personally known Produced Identification Identification produced: 11 My Commissions Expires: 1110-y 31,,1-U`5 Decembcr29,2015 Roberto Mendez, Esq. The Florida Bar Lake Shore Plaza Il, Su. 130 1300 Concord Terrace Sunrise, FL 33323 Re: Nickalaus Taylor, The Florida Bar File No. 2015-50,426(17A) Giovani Mesa, The Florida Bar File No. 2015-50,427(17A) Ryan Witmer, The Florida Bar File No. 2015-00,227(17A) William F. Ring, The Florida Bar File No. 2015-50,283(17A) Dear Mr. Mendez: Thank you for your letter of December 21, 2015. It references Mr. Tozian's letter of November 9, 2015, on which apparently I was not carbon copied, as I did not receive it. Regarding Judge Mann's order in the RICO matter, 15 -CV -8082, that matter is currently on appeal. Please find copies of Appellant Town of Gulf Stream's Brief and Reply Brief. Regarding the Summary Judgment order ofludge ORedel, 502014 -CA -4474, that decision is not yet ripe for appeal, as it was interlocutory. By way of further response, 1 have directed our attorney, Robert Swectapple, Esq., to forward you some additional information that has recently been filed or received, and which relates to the allegations of these complaints. Sincerely, Scott W. Morgan, Mayor Town of Gulf Stream C.C. Scott K. Tozian, Esq. Robert Sweetapple, Esq. Renee Basel From: Cynthia Miller <cmiller@sweetapplelaw.com> Sent: Wednesday, February 3, 2016 4:22 PM To: OConnor, Joanne M.; scottmorgan75@gmail.com; Robert Sweetapple Subject: Mendez letter Attachments: SKMBT C36016020316090.pdf, ATT00001.htm Good afternoon, Please see attached correspondence from Robert A. Sweetapple. Thank you. Sent from my iPhone Begin forwarded message: From: <scansasweetannlelaw.com> Date: February 3, 2016 at 3:11:05 PM EST To: <cbailevCcr�,sweetaoalelaw.com> Subject: Message from KMBT_C360 Reply -To: <scans0sweetaoolelaw.com> LAW OFFICES OF SWEETAPPLE, BROWER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flagler Street. Ste. 1500 Miami, Florida 33130-6917 Telephone: (305) 374-5623 Facsimile: (305) 358-1023 ROBERT A. SWEETAPPLE ! •• DOUGLASC. BROEKER ALEXANDER D. VARKAS, 3R KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASHLEIGH M. GREENE BERKLEY SWEETAPPLE VITALE • 9oMategmi®aus�rretS utroRnox �ndwav •• eowa rearm®avnmto.�nawav Roberto Mendez, Esquire The Florida Bar Ft. Lauderdale Branch Office Lake Shore Plaza IJ 1300 Concord Terrace, Suite 130 Sunrise, Florida 33323 February 3, 2016 SWEETAPPLE & VARKAS, P.A. 20 S.E. P Street Boca Raton, Florida 334324914 Telephone: (561) 392.1230 Facsimile: (561) 394-6102 Please Reply To: Boca Raton rswectapple©sweempplelaw.com avarkas&weetapplelaw.com ajvarkas&wectapplelaw. com bvitaIo@ eetapplelaw.com cbailey@sweetapplelaw.com dsmith®sweetappielaw.com Re: Complaints of Honorable Scoff W. Morgan against: William F. Ring, Jr., Esq., The Florida Bar File No. 2015-50,283(17 A); Nickahms B. Taylor, Esq., The Florida Bar File No. 2015-50,426(17 A); Giovani Mesa, Esq., The Florida Bar File No. 2015-50,427(17 A); and Ryan L. Witmer, Esq., The Florida Bar File No. 2015-00,223(17 A) Dear Mr. Mendez: Per the request of Scott W. Morgan, Mayor of the Town of Gulf Stream, I am forwarding to you my letter of February 2, 2016 to the Office of the Attorney General, Office of Statewide Prosecution with enclosure. I am also enclosing a copy of the Motion to Compel Production for In Camera Review of all Fee Agreements between Christopher O'Hare and The O'Boyle Law Firm Regarding Pending Public Records Requests Litigation pending in the 15d' Judicial Circuit, styled Christopher O'Hare v. Town of Gulf Stream, Case No. 2013CAO 17717(AA) for your review. Should you need anything further, please do not hesitate to contact my office. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjb Encl. Cc: Mayor Scott Morgan Joanne O'Connor, Esquire LAW OFFICES OF SWEETAPPLES BROEKER & VARKASI P.L. DOUGLAS C. BROEKER, PA. 44 Wall Floglcr Slrcet, Sic, 1500 Miami, Florida 33130-6817 Telephunc:(305) 374-5623 Facsimile: (305) 358-1023 ROBERTA. SWFETAPPLE!•• DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASHLFIGH M. GREENE BERKL.EY SWEETAPPLE VITALE • ooAaocearaun auseststmwramn2roxxn' •' aOAM LTAlIN9ONLTR1AL At'1bU'ay February 2, 2016 SWELTAPPLE & VARKAS, P.A. 20 S.E 3'a Streat Boca Man, Florida 33432-4914 Te1epFone:(561) 392-1230 Facsimile.(561) 394-6102 Pinse Reply To: Um Ralon n Clapplc@swcctapplelaw.corn avarkes'gsw rapplclaw.con, sivarkas@n etapplelaw.com bvilale©ssveetapplel aw.com ebailey@SWeelaPplelaw.wm dsmith( mnrpplelaw com SENT VIA EMAIL AND U.S. MAIL Office of the Attomey General .Pam Bondi am.bondi m floridale Office of Statewide Prosecution Deputy Statewide Prosecutor: Julie Chaikin Hogan Oulie.hogan@myfloridalegal.com) The 110 Tower 110 SE 6th Street, Suite 900 Fort Lauderdale, Florida 33301-5000 Re: Request for review Dear Sir or Madam: I am special cotmsel to the Town of Gulfstream with regards to a barrage of public records requests that have been lodged by Martin O'Boyle, various other individuals and entities, including an alleged Florida Not -for -Profit Corporation, Citizens Awareness Foundation Inc. ("CAFI'). It is the Town's position, based on information provided by Joel Chandler, CAFI's previous director, and others, that CAFI is not a bona fide Not -for -Profit entity. Enclosed are copies of Affirmative Defenses along with a Request for Production that have been filed in eases brought by CAM against the Town. Also enclosed are Mr. Chandler's affidavit, which has been filed in the proceedings and charts prepared in February of 2015 outlining pending litigation as to private corporations, not -for -profits, and state and local municipalities and agencies. Several newspaper articles chronicling the abuses being perpetrated by CAFI have also been included. As you can see, dozens of government entities have been victimized by CAFI. CAFI 's sole purpose is to serve as a Plaintiff and generate attorneys' fees for the benefit of the actual incorporators of CAFI, who also appear to own or control the O'Boyle Office of Statewide Prosecutor February 2, 2016 Office of the Attorney General Page 2 Law Firm. Florida governmental agencies and their approved private contractors are being victimized by CAFI. CAFI is merely a profit making arm and alter ego of Martin O'Boyle and the O'Boyle Law Firm. Florida Statutes §617.1430-33 provide for the Judicial Dissolution of an alleged Florida Not -For -Profit Corporation. The Town asks that the Department investigate this matter, institute such proceedings if appropriate, or intervene in the subject litigation. If you have any questions or require any further information, please do not hesitate to contact me. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjm Encls. cc: Mayor Scott Morgan (Via Email w/out enclosures) Joanne O'Connor, Esquire 2 LAW OMCESOF SW EMAPPLE, BROEKEF k VARKAS, P.L Filing # 37294689 E -Filed 02/02/20I6 11:57:01 AM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE. NO: 502014CA00636OXXXXMB AN CITI7_ENS AWARENESS FOUNDATION, INC. Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, TOWN OF GULF STREAM ("Gulf Stream") hereby serves its Request for Production of documents on Plaintiff, CITIZENS AWARENESS FOUNDATION, INC. C'CAFP'), and asks that the requested documents be produced for inspection and copying within thirty (30) days of the date of service, pursuant to the Florida Rules of Civil Procedure. DEFINITIONS 1. The term "You", "Your" or "Plaintiff' refers to CITIZENS AWARENESS FOUNDATION, INC., including any other person or entity acting or purporting to act on Plaintiff's behalf or under its control. 2. The term "Defendant," refers to Defendant, TOWN OF GULF STREAM, including any other person or entity acting or purporting to act on Defendant's behalf or under its control. 3. The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, but not be limited to, public or private corporations, partnerships, joint ventures, voluntary LAW OFFICES OF SW=. APPLL,DROEKFR&VARKAS, P.L. 20S 3" STREhT, BOCA RAMN,FMRmA33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case N0.:502014CA00636OXXXXMBAA; Palm Beach County or unincorporated associations, organizations, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of same. 4. The term "document(s)" or "writing(s)" means any medium upon which intelligence or information can be recorded or retrieved and includes, without limitation, the original and each copy, regardless of origin and location, of any book, pamphlet, articles, publication, brochure, manual, periodical, letter, correspondence, journal, memorandum (including any memorandum or report ofa meeting or conversation), e-mail and other electronically stored information, invoice, bill, order form, receipt, voucher, check, financial statement, accounting entry, instruction, schedule, shop order, diary, calendar, telex, telegram, cable, report, record, minutes, notice, contract, agreement, study, work paper, handwritten note, draft, demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, tape, photograph, microfilm, data sheet, data processing card, surveys, contracts, licenses, agreements, ledgers, books of account, computer printouts and other materials, transcripts, analyses, proposals, suggestions, legal pleadings, vouchers, records of inter -bank transfers of funds, bank checks, cashier's checks, invoices, drafts, charge slips, receipts, freight bills, working papers or drafts, statistical records, employee notebooks, desk calendars, appointment books, diaries, agenda, time sheets, logs, bids,job or transaction files, credit reports, notations, notes or sound records of any type, minutes of directors' or other meetings, phono-records or other data compilations from which 2 LAW OFFICEs OF S WRTAPPLE, BROEKER & VARKAS, P.L, 20 SE 3O'STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA006364XXXXMBAA; palm Beach County information can be obtained, translated if necessary, by the respondent through detection devices into reasonably usable form, bulletins, circulars, scripts, press releases, notices, specifications, instructions, advertisements, work assignments, motion picture films, video tapes, kinescopes, and sound recordings, or any other written, recorded, transcribed, punched, tapes filmed, hard drives, reports, studies, or graphic matter, however produced and reproduced, that is in your possession, custody or control. 5. This definition of "documents" above includes computer tapes or discs, together with the written infomtation necessary to understand and use such computer tapes or discs 6. The tern "representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question. 7. "Related to" shall mean directly or indirectly, refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually be connected with the matter discussed. 8. The words "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any responses to interrogatories, documents, or communications, which might otherwise be construed to be outside the scope hereof. 9. The term "evidencing" means having a tendency to show, prove or disprove. 10. With respect to documents, the term "identify" means: (i) state the author thereof and the parties thereto; (ii) state its title orother identifying data; (iii) state the date of the document 3 LAW OFFICES OF SWEETAPPLE, 13ROEKEIt &. VAR%A5, P.L. 20 SE 3N STREET, HOCA BATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAA; Palm Beach County or if not dated, state the exact nature and substance thereof; (iv) identify each person having possession , care, custody or control of the original and copies thereof; and (v) if such documents was, but no longer is in your possession or subject to your control, state what disposition was made of it. 11. With respect to "persons", the term "identify" means: (i) state the name of the person (as person is defined in Definition "F'; (ii) state the person's business address; (iii) state the person's residence address; (iv) state the person's business telephone number, and (v) state the person's residential telephone number. 12. "Including" shall mean including, but not limited to. The time period for this request is January 1, 2013 through the present. DOCUMENTS TO BE PRODUCE 1. Any applications, or written communications between CAFI or its representatives and the United States IRS, concerning application for or granting of not for profit status, including, but not limited to, IRS form 1023. 2. Minutes of any director, shareholder or other meetings of CAFI. 3. Any and all financial reports for CAFI including financial statements, balance sheets or statements of operations for 2014 and 2015. 4. All payroll records of CAFI. 5. Records of any distribution made to CAFI members or directors. 6. Any promissory notes executed by CAFI. 4 LAK' OFFICES OF S W EFTAPPLE, BROEKFa & VARKAS, P.L. 20 SF 3° STRM, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502D14CA006360XXXXMBAA; Palm Beach County 7. Any communication between any present or former CAR director, employee or representative and Martin O'Boyle. 8. Any and all communications, including lawyer demand letters, lawsuits, records of payment, settlement agreements or other writings exchanged between CAFI and any Florida governmental entity, agency or private contractor concerning any public records request issued by CAFI. 9. Records of any attorneys' fees or costs paid to the O'Boyle Law Firm or Jonathan O'Boyle by CAFI, including copies of all bills or invoices. - 10. Any charts or logs of public records requests made by CAFI to any governmental entity, agency or private contractor. IL Any and all fee agreements between the O'Boyle Law Firm and CAFI. Respectfully submitted, S WEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendant 20 S.E. 3' Street Boca Ratoo, Florida 33432 Telephone: (561) 392-1230 E -Ma i I:plead i ngsQ,sweetapplel aw.c om By: /S/ Robert A. Sweetanole ROBERTA. SWEETAPPLE Florida Bar No. 0296988 5 LAW OMCU OF SWEETAPPLE, BROEKOC & VARKA9, P.L, 20St33" STREET, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAA; Palm Heach County CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 2nd day of February, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfirm.com and oboylecourtdocs@oboylelawfirm.com) and Joanne M. O'Connor, Esquire, Tones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (jo con nor@j onesfoster, com). By: /S! Robert A. Sweetaoole ROBERTA. SWEETAPPLE Florida Bar No. 0296988 6 LAW OFFICES OF SWUTAPPLE BROEKFR&VARBAS, P.L. 20 SE 3m STREET, BOCA RATON, FLORIUA 33432 Filing 4 37303379 E -Filed 02/02/2016 01:43:43 PM IN THE CIRCUIT COURT OF THE 15" JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 502014CA006112XXXXMB AG CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC, Defendants. DEFENDANT'S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF Defendant, TOWN OF GULF STREAM ("Gulf Stream") hereby serves its Request for Production of documents on Plaintiff, CITIZENS AWARENESS FOUNDATION, INC. ("CAFI"), and asks that the requested documents be produced for inspection and copying within thirty (30) days of the date of service, pursuant to the Florida Rules of Civil Procedure. DEFINITIONS 1. The term "You", "Your" or "Plaintiff" refers to CITIZENS AWARENESS FOUNDATION, INC., including any other person or entity acting or purporting to act on Plaintiffs behalf or under its control. 2. The term "Defendant," refers to Defendant, TOWN OF GULF STREAM, including any other person or entity acting or purporting to act on Defendant's behalf or under its control. 3. The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, LAW OFFICCS OF S WEETAI'FI.E, BKOEKER & VARKAS, P.L. 20 SE 361i $SREEr, BOCA BATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAA: Palm Beach County but not be limited to, public or private corporations, partnerships, joint ventures, voluntary or unincorporated associations, organizations, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of same. 4. The term "document(s)" or "writing(s)" means any medium upon which intelligence or information can be recorded or retrieved and includes, without limitation, the original and each copy, regardless of origin and location, of any book, pamphlet, articles, publication, brochure, manual; periodical, letter, correspondence, journal, memorandum (including any memorandum or report of a meeting or conversation), e-mail and other electronically stored information, invoice, bill, order form, receipt, voucher, check, financial statement, accounting entry, instruction, schedule, shop order, diary, calendar, telex, telegram, cable, report, record, minutes, notice, contract, agreement, study, work paper, handwritten note, draft, demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, tape, photograph, microfilm, data sheet, data processing card, surveys, contracts, licenses, agreements, ledgers, books of account, computer printouts and other materials, transcripts, analyses, proposals, suggestions, legal pleadings, vouchers, records of inter -bank transfers of funds, bank checks, cashier's checks, invoices, drafts, charge slips, receipts, freight bills, working papers or drafts, statistical records, employee notebooks, desk calendars, appointment books, diaries, agenda, time sheets, logs, bids, job or transaction files, credit reports, notations, notes or sound records of any type, minutes 2 LAW OFncrs OF SWEETAPPL t BROEKER $. VARtiAS, P.L. 20 SE 3° STREET, BOOA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA00636OXXXXMBAA; Palm Beach County or directors' or other meetings, phono-records or oilier data compilations from which information can be obtained, translated if necessary, by the respondent through detection devices into reasonably usable form, bulletins, circulars, scripts, press releases, notices, specifications, instructions, advertisements, work assignments, motion picture films, video tapes, kinescopes, and sound recordings, or any other written, recorded, transcribed, punched, tapes filmed, hard drives, reports, studies, or graphic matter, however produced and reproduced, that is in your possession, custody or control. S. This definition of "documents' above includes computertapes or discs, together with the written information necessary to understand and use such computer tapes or discs. 6. The term "representative" means any and all agents, employees, servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person in question. 7. "Related to" shal I mean directly or indirectly, refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually be connected with the matter discussed. &. The words "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any responses to interrogatories, documents, or communications, which might otherwise be construed to be outside the scope hereof. 9. The term "evidencing' means having a tendency to show, prove or disprove. 10. With respect to documents, the term "identify" means: (i) state the author thereof and the 3 LAW OFFICES OF sWEETAPPLr, BIIOEKER & V ARKAS, P.L. 20 SE 310 STREFr, BOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc, v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAA; Palm Beach County parties thereto; (ii) state its title or other identifying data; (iii) state the date of the document or if not dated, state the exact nature and substance thereof; (iv) identify each person having possession , care, custody or control of the original and copies thereof; and (v) if such documents was, but no longer is in your possession or subject to your control, state what disposition was made of it. 11. With respect to "persons", the term "identify" means: (i) state the name of the person (as person is defined in Definition "F'; (ii) state the person's business address; (iii) state the person's residence address; (iv) state the person's business telephone number, and (vjstate - — the person's residential telephone number. 12. "Including" shall mean including, but not limited to. The time period for this request is January 1, 2013 through the present. DOCUMENTS TO BE PRODUCE 1. Any applications, or written communications between CAFI or its representatives and the United States IRS, concerning application for or granting of not for profit status, including, but not limited to, IRS form 1023. 2. Minutes of any director, shareholder or other meetings of CAFI. 3. Any and all financial reports for CAFI including financial statements, balance sheets or statements of operations for 2014 and 2015. 4. All payroll records of CAFI. 5. Records of any distribution made to CAFI members or directors. 4 LAW OPFlCPS OF SW[SrAPPLE, BROEKF.R & V ARKAS, P.L, 20 SE 3" STnET, BOCA RATO'9, FLORIDA 33432 Citizens Awareness Foundation, Inc. v. Town of Gulf Stream Case No.:502014CA006360XXXXIVMAA; Palm Beaclt County 6. Any promissory notes executed by CAFt. 7. Any communication between any present or former CAM director, employee or representative and Martin O'Boyle. 8. Any and all communications, including lawyer demand letters, lawsuits, records of payment, settlement agreements or other writings exchanged between CAFI and any Florida governmental entity, agency or private contractor concerning any public records request issued by CAFI. 9. Records of any attorneys' fees or costs paid to the O'Boyle Late Firrri'or Jonathan O'Boyle by CAFI, including copies of all bills or invoices. 10. Any charts or logs of public records requests made by CAFI to any governmental entity, agency or private contractor. 11. Any and all fee agreements between the O'Boyle Law Firm and CAFI. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendant 20 S.E. 31d Street Boca Raton, Florida 33432 Telephone: (561)392-1230 E-Maif:plcadings@sweetapplelaw.com By: /S/ Robert A Sweetanple ROBERT A. SWEETAPPLE Florida Bar No. 0296988 5 LAW OFFICES OF S WEETAPI LE, BROEKER & VARKAS, P.L. 20 SB 3a' STREET, BocA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc. v, Town of Gulf Stream Case 1\'o.:502014CA00636OXXXXMBAA; Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 2"d day of February, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfirm.com and oboylecourtdocs@oboylelawfirm.com) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 Qoconn or@j o nesfo ster.com). By: /S/ Robert A. Sweetaonle ROBERT A. SWEETAPPLE Florida Bar No. 0296988 6 LAW OFFICES OF SWEErAPFLE, BKOEXER $ V AHKAS, P.L. 20 SF. 3°5STREET, BOCA RATON, FLORIDA 33432 Filing '1' 36800860 E -Filed 01/20/2016 06:38:56 PM IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE- NO: 502014CA006112XXXXMB AG CITIZENS AWARENESS FOUNDATION, INC., Plaintiff; V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC, Defendants. D'EFENDANT'S MOTION FOR LFAVE TO FILE AFFIRMATIVE DEFENSES COMES NOW, Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.170(f) and Ll 90(a), moves the Court for an order granting leave to file the attached affirmative defenses and in support thereof would show unto the Court: 1. In light of discovery and recent appellate decisions, including Consumer Rights v. Union County, 159 So.3d 882, (Fla. 1'I DCA 2015), Defendant seeks to amend to assert the affirmative defenses of lack of standing, lack of authority, Plaintiff's bad faith, waiver and estoppel. The proposed affirmative defenses are attached hereto as Exhibit A. 2. Rule 1.190(a) of the Florida Rules of Civil Procedure provides that when a party moves to amend its pleadings "[1)eave of court shall be given freely when justice so requires." 3. Since the filing of its initial answer, discovery has disclosed facts supporting affirmative defenses which would provide Defendant with relief in the case sub judice. 4. It is settled Florida law that leave to amend should not be denied unless the privilege has been abused, there is prejudice to the opposing party, or the amendment would be futile. See Life I.AW OFFICES OF SWEETAPPLE, BROEKFR & VARKAS, PLL. 26 SE• VI' Si mE r, BOCA BATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXMBAG; Palm Beach County Gen. Sec. Ins. v. Horal, 667 So.2d 967, 969 (Fla. 4d' DCA 1996). It should be noted that the Defendant has not waived the privilege to amend pleadings. 5. With respect to any prejudice to the opposing party, Plaintiff cannot be heard to complain of prejudice because all facts contained in the proposed affirmative defenses are known to Plaintiff. See id. 6. Furthermore, if the amendment would not precipitate additional and extensive preparation for trial then there is no prejudice to the non-moving party, yet great prejudice to the moving party by denial of the amendment. See Mewman v. State Farm Mut. Auto. Ins. Co., 858 Sold 1205 (Fla. 4" DCA 2003) --- 7. Defendant requests the Court order that the attached Affirmative Defenses be considered filed as of the date in the order granting this motion. 8. This motion for leave to amend is made in good faith, is not made for the purpose of delay, and will promote the ends of justice. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays the Court to enter an order granting leave to file the attached Affirmative Defenses. Respectfully submitted, SWEETAPPLE,BROEKER & VARKAS,PL Co -Counsel for Defendants 20 S.E. 3`d Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: 1S/Robert A. Sweetaoole ROBERT A. S WEETAPPLE Florida Bar No. 296988 L.Aw OFFicEs OF SwEm APPLE, BacsKER & VARKAS, P.L. 20 SE 3� STREET, BOCA RATOs, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA00611210=MBAC; Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 201' day of January, 2016 to Nick Taylor, Esquire, The O'Boyle Law Finn, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor®oboylelawfirm.com and oboylecourtdocs@oboylelawfinn.com) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (joconno r(§j onesfoster.com). By: /S/Robert A. Sweetanole _—ROBERT A.-SWEETAPPLE--.___� _. -..... _ Florida DikNo: 29698$ LAW OFr- M OF SWMAPPLE, BROMM & VARKA9, P.L. 20 SE 300 STRFEr, BOCA BATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA0061 I2XXXXMBAG; Palm Beach County Exhibit A IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. CASE NO: 502014CA006112XXXXMB AG CITIZENS AWARENESS FOUNDATION, INC., Plaintiff, V. THE TOWN OF GULF STREAM and BRANNON & GILLESPIE, LLC, Defendiahts. DEFENDANT'S AFFIRMATIVE, DEFENSES Defendant, Town of Gulf Stream ("Town" or "Defendant"), files its affirmative defenses as follows: 1. Lack of Standine. Plaintiff lacks standing to bring suit because it is not a bona fide Florida Not For Profit Corporation. The corporation was formed for fraudulent purposes and has no bona fide, not for profit purpose. It is merely a corporate veil designed to perpetrate a sham on Florida governmental and private agencies and to defraud them. Martin O'Boyle and his lawyer son Jonathan O'Boyle formed the corporation through their designees. The entire purpose of the entity is to generate public record requests for the sole purpose of filing lawsuits seeking statutory fee awards. All suits are then brought on its behalf by Jonathan O'Boyle's law firm. The law firm then pretends that it has a contingency fee agreement with its "client" and demands inflated "lodestar" attorney's fees to which it has no legal entitlement. Plaintiff and The O'Boyle law firm attorneys claim that their client LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 20 SE 32p STREET, BDCA RA'rox, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXIABAG; Palm Beach County owes them these lodestar fees. By doing so they have defrauded defendants throughout the State of Florida. Plaintiff has been involved in this scheme for two years and has filed well over 100 cases and defrauded scores of victims using this scam. (The law firm also uses runners to bring suit and divides attorneys' fees with them. When it employs contingency fee agreements, it uses a fee agreement that is prohibited by Florida Law.) Plaintiff has failed to comply with the requirements of Florida law. It has not kept proper financial or business records, minutes or accounts. It is run by Martin O'Boyle, through his paid employees, and operates at his direction and control. Martin O'Boyle has taken great efforts to disguise his involvement, including falsely denying this involvement under oath. CAFI has co -mingled funds with Martin O'Boyle and his other entities. It is, is in fact, merely an alter ego of Martin O'Boyle. 2. Lack of Authority. The subject Public Request was not authorized by CAFI but instead brought by Martin O'Boyle. Over the objection of Joel Chandler, the then Director of CAFI, Mr. Martin O'Boyle directed that his office personnel file the subject public record request and over 100 others in the name of CAF[ and directed to Defendant. Furthermore, no authorization for the filing of this suit was provided by CAFFs then Director Joel Chandler, nor was it the subject of any approved corporate action. Instead, Mr. O'Boyle individually directed that his son and his firm file this lawsuit. Mr. O'Boyle funds and is the major benefactor of The O'Boyle law firm. He provides office space for both the law firm and the sham Plaintiff in an office building owned by his company. A copy of the affidavit of the former director of CAFI, Joel Chandler, detailing this scheme has been filed in this proceeding. LAW OFFICES OF SWEETAPPLF BROERER&V.QIRAS, P.L. 20 SE 3w' STREET, SOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Tavm of Gulf Stream and Brannon & Gillespie, LLC Case No.:502014CA006112XXXXNMAG; Palm Beach County 3. Plaintiffs Bad Faith. To the extent that Defendant was untimely or deficient in any response to the public records request as sued upon, such was the result of Plaintiffs bad faith. Plaintiff acting in concert, i.e, an agreed upon combination of Martin O'Boyle, Jonathan O'Boyle, Christopher O'Hare, Citizens Awareness Foundation, Inc., Commerce Group, Inc, and others, have inundated the Town, its agents and attorneys with thousands of public records requests. This is being done in order to cripple the Town's ability to respond, conduct its business and to close the Town of Gulfstream's Clerk's Office to the balance of the public. Plaintiff and its co-conspirators and agents have jammed the Clerk's Office with dozens of obscure and complex requests submitted on the same day, have jammed the Town's fax machine and personally occupied and monopolized the Clerk's office. Under the outrageous conditions and circumstances intentionally created by Plaintiff and its cohorts, Defendant has acted reasonably and in good faith to respond to the subject records requests despite Plaintiffs bad faith conduct. Plaintiffs conduct was at all times designed to prevent or frustrate compliance by Defendant. 4. Waiver. Plaintiff has waived any right to complain that documents requested by his failure to provide the deposit for the estimated special expenses to fulfill the request as sought by the Town on or about March 21, 2014 and as authorized by Fla. Stat. § 119.07(4)(d). 5. Estoppel. Plaintiff is estopped from complaining that documents have been unlawfully withheld by his failure to provide the deposit for the estimated special expenses to fulfill the request as sought by the Town on or about March 21, 2014 and as authorized by Fla. Stat. § 119.07(4)(d). LAW 0rF1Cr5 or S WaaTAPPLG, BRDEKER & VAR As, P.L. 20 SE31tl'STaeer. BOCA AATpr, FwxmA 33432 Citizens Awareness rount Case No.:502MCA0061 Inc v. Town of Gulf Stream and Brannon & Gillespie, LLC IXMBAG; Palm Beach County Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 31d Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: /S/Robert A Sweetaoole ROBERT A. SWEETAPPLE Florida BarNo. 296988 CERTIFICATE OF SERVIC TIMM Y CaTIry that a.ttue. and correct copy of the foregoing has-been via the E- Filing Portal this 20's day of January, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfirm.com and oboylecourtdocs@oboylelawfirm.com) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 (joconnor@ jonesfoster.com). By: /S/Robert A Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAW OFFICES OF S WMAPPLE, BROMM &. VARRA$ P.L. 20 SE 340SMM, BOCARAMN, FLORIDA 33432 Filing # 37305330 E -Filed 02/02/20I6 02:01:45 PM IN THE CIRCUIT COURT OF THE 15`s JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502014CA00636OXXXXMB AN CITIZENS AWARENESS FOUNDATION, Plaintiff, V. THE TOWN OF GULF STREAM, Defendant. DEFENDANT'S MOTION FOR LEAVE TO FILE AFFIRMATIVE DEFENSES COMES NOW, Defendant, TOWN OF GULF STREAM, by and through undersigned counsel, and pursuant to Florida Rules of Civil Procedure 1.170(f) and L 190(a), moves the Court for an order granting leave to file the attached affirmative defenses and in support thereof would show unto the Court: 1. In light of discovery and recent appellate decisions, including Consumer Rights v. Union County, 159 So.3d 882, (Fla. I" DCA 2015), Defendant seeks to amend to assert the affirmative defenses of lack of standing, lack of authority and Plaintiffs bad faith. The proposed affirmative defenses are attached hereto as Exltihit A. 2. Rule 1.190(a) of the Florida Rules of Civil Procedure provides that when a party moves to amend its pleadings "[I)eave of court shall be given freely when justice so requires." 3. Since the filing of its initial answer, discovery has disclosed facts supporting affirmative defenses which would provide Defendant with relief in the case sub judice. 4. It is settled Florida law that leave to amend should not be denied unless the privilege has LAW oFrCGS OF SWEErAPPLE, BROEKER & VARKAS, P.L. 20 Sr. 3RD STREET, ttOCA RATON, FLORIDA 33432 Citizens Awareness Foundation, Inc v. Town of Gulf Stream Case No.:502014CA00636OXXXXMBAN; Palm Beach County been abused, there is prejudice to the opposing patty, or the amendment would be futile. See Life Gen. Sec. Ins. v. Horal, 667 So -2d 967, 969 (Fla. 4" DCA 1996). It should be noted that the Defendant has not waived the privilege to amend pleadings. 5. With respect to any prejudice to the opposing party, Plaintiff cannot be heard to complain of prejudice because all facts contained in the proposed affirmative defenses are known to Plaintiff. See id. 6. Furthermore, if the amendment would not precipitate additional and extensive preparation for trial then there is no prejudice to the non-moving party, yet great prejudice to the moving party by denial of the amendment. See Newman v. State Farm Mut. Auto. LT.s. Co., 858 So _2ti 1205.(Fle. 4" DCA 2003). 7. Defendant requests the Court order that the attached Affirmative Defenses be considered filed as of the date in the order granting this motion. 8. This motion for leave to amend is made in good faith, is not made for the purpose of delay, and will promote the ends of justice. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays the Court to enter an order granting leave to file the attached Affirmative Defenses. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadiiigs@sweetapplelaw.com sweetapplelaw.com By: /S/Robert A Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAW OFFICES OF S WEETAME, BROEKER &. VARKAS, P.L 20 SE 3 -STREET, BOCA RAToN, FLORIDA 33432 2 Citizens Awareness Foundation, Inc v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAN, Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this 2"d day of February, 2016 to Nick Taylor, Esquire, The O'Boyle Law Finn, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfinn.com and oboylecouitdocs@oboylelawfilTn.coin) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402 0o connor@j onesfoster.co m). By: /S/RobertA. Sweetaoole ROBERTA. SWEETAPPLE Florida Bar No. 296988 LAW OFFICES OF SWEETAPPLE, Bacemm & VMRAS, P,L 20 SB 3R0 STaeer, BOCA RATON, FLORIDA 33432 3 Citizens Awareness Foundation, Inc v. Town of Gulf Stream Case No.:502014CA006360XXXXMBAN; Palm Beach County Exhibit A INTI -IE CIRCUIT COURT OF THE 15'h JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 502014CA00636OXXXXMB AN CITIZENS AWARENESS FOUNDATION, Plaintiff-, V. THE TOWN OF GULF STREAM, Defendant. DEFENDANT'S AFFIRMATIVE DEFENSES Defendant, Town of Gulf Stream ("Town" or "Defendant"), files its affirmative defenses as follows: I . Lack of Standine. Plaintiff lacks standing to bring suit because it is not a bona fide Florida Not For Profit Corporation. The corporation was formed for fraudulent purposes and has no bona fide, not for profit purpose. It is merely a corporate veil designed to perpetrate a sham on Florida governmental and private agencies and to defraud them. Martin O'Boyle and his lawyer son Jonathan O'Boyle formed the corporation through their designees. The entire purpose of the entity is to generate public record requests for the sole purpose of filing lawsuits seeking statutory fee awards. All suits are then brought on its behalf by Jonathan O'Boyle's law firm. The law firm then pretends that it has a contingency fee agreement with its "client" and demands inflated "lodestar" attorney's fees to which it has no legal entitlement. Plaintiff and The O'Boyle law firm attorneys claim that their client LAW OR(CrS OF S W EEPAPPLE, BROEKER R VARPAs, P.L 20 SE 31" SrAM, Boa RATON, FLORIDA 33432 4 Citizens Awareness Foundation, Inc v. Town of Gulf Stream Case No.:502014CA006360X3CXXMBAN; Palm Beach County owes them these lodestar fees. By doing so they have defrauded defendants throughout the State of Florida. Plaintiff has been involved in this scheme for two years and has filed well over 100 cases and defrauded scores of victims using this scam. (The law firm also uses runners to bring suit and divides attorneys' fees with them. When it employs contingency fee agreements, it uses a fee agreement that is prohibited by Florida Law.) Plaintiff has failed to comply with the requirements of Florida law. It has not kept proper financial or business records, minutes or accounts. It is run by Martin O'Boyle, through his paid employees, and operates at his direction and control. Martin O'Boyle has taken great efforts to disguise his involvement, including falsely denying this involvement under oath. CAFT has co -mingled funds with Martin O'Boyle and his other entities. It is, is in fact, merely an alter ego of Martin O'Boyle. 2. Lack of Authority, The subject Public Request was not authorized by CAM but instead brought by Martin O'Boyle. Over the objection of Joel Chandler, the then Director of CAFI, Mr. Martin O'Boyle directed that his office personnel file the subject public record request and over 100 others in the name of CAFI and directed to Defendant. Furthermore, no authorization for the fling of this suit was provided by CAFI's then Director Joel Chandler, nor was it the subject of any approved corporate action. Instead, Mr. O'Boyle individually directed that his son and his firm file this lawsuit. Mr. O'Boyle funds and is the major benefactor of The O'Boyle law finn. He provides office space for both the law firm and the sham Plaintiff in an office building owned by his company. A copy of the affidavit of the former director of CAFI, Joel Chandler, detailing this scheme has been filed in this proceeding. LAW OFFICES OF S WEETAPPLE, BROEKFA & VARKAS, P.L. 20 SE3"e SnEL7, BOCA RATON, FLORIDA 33432 5 Citizens Awareness Foundation, Inc V. Town of Gulf Stream Case No.:502014CA006360X.XXXMBAN- Palm Beach Comity 3. Plaintiffs Bad Faith. To the extent that Defendant was untimely or deficient in any response to the public records request as sued upon, such was the result of Plaintiffs bad faith. Plaintiff acting in concert, Le, an agreed upon combination of Martin O'Boyle, Jonathan O'Boyle, Christopher O'Hare, Citizens Awareness Foundation, Inc., Commerce Group, Inc. and others, have inundated the Town, its agents and attorneys with thousands of public records requests. This is being done in order to cripple the Town's ability to respond, conduct its business and to close the Town of Gulfstream's Clerk's Office to the balance of the public. Plaintiff and its co-conspirators and agents havejammed the Clerk's — - Office with dozens of obscure and complex requests submitted on the same day, have jammed the Town's fax machine and personally occupied and monopolized the Clerk's office. Under the outrageous conditions and circumstances intentionally created by Plaintiff and its cohorts, Defendant has acted reasonably and in good faith to respond to the subject records requests despite Plaintiffs bad faith conduct. Plaintiffs conduct was at all times designed to prevent or frustrate compliance by Defendant. Respectfully submitted, S WEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3r1 Street Boca Raton, Florida 33432 Telephone: (561)392-1230 E -Mai I:plea dings@sweetapple,law.com By: LS/Robert A Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 296988 LA% OFFICES OF S WF27APPLE, BROEKa & VARKAS, P.L. 20 SE 3PO STREET, SOCA RATON, FLORIDA 33432 6 Citizens Awareness Foundation, Inc v. Town of Gulf Stream Case No.:502014CA00636OXXXXMBAN; Palm Beach County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been via the E - Filing Portal this tad day of February, 2016 to Nick Taylor, Esquire, The O'Boyle Law Firm, P.C., 1286 West Newport Center Drive, Deerfield Beach, Florida 33442 (ntaylor@oboylelawfinn.com and oboylecourtdocs@oboylelawfirm.com) and Joanne M. O'Connor, Esquire, Jones Foster Johnston & Stubbs, PA, 505 South Flagler Drive, Suite 1 100, West Palm Beach, Florida 33402 (j oconnor@j onesfoster. com). By; - /S/Robert A. Sweetupole ROBERT A. SWEETAPPLE Florida Bar No. 296988 LAW OFFIcrs OF SWEETAPPLE, BRoEKrR & VARKAS, P.L. 20 SE 3® STREET, BOCA RATON, FLMIDA 33432 7 AFFIDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: 1. My name is JOEL CHANDLER, 2. 1 am over eighteen (18) years of age. 3. I am a resident of Polk County, Florida. 4. I have personal knowledge of every assertion made in this affidavit. S. Citizens Awareness Foundation, Inc., (herein "CAFP), was formed as a Florida not-fnr-profit corporation by Martin O'Boyle in concert,with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attomey admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7, In January 2014, 1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open government. That not-for-profit corporation was created at Martin O'Boyle's direction and became )mown as the "Citizens Awareness Foundation, Inc" or "CAFL" S. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAR, we explicitly agreed that CAFI would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Law Firm; that I would have absolute and sole discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. 9. During January or February of 2014,1 participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAF;. be a legitimate not-for-profit entity. This included, but was not limited to, the requirement that CAR use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweel and to me that be was going to loan all necessary monies to fund CAR and, after 501(c)(3) status was acquired, write offas a charitable donation all of the monies be had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAR would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. I I. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12, Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For a brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle, 13. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14, Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAR were with Martin O'Boyle. At no 2 time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAFI. I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAR. 17, I served as the Executive Director of CAFI for approximately five (5) months, through the end of June 2014. 18. I resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, onat O'Boyle, William Ring, Denise DeMartini, and some of.- at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm" }, as set forth herein, which I believe may be criminal, fraudulent and unethical. 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Fimr, including Jonathan O'Boyle, affected both CAR and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm. 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAR would be independent and not-for-profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI, I repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAR, other than the O'Boyle Law Firm. William Ring, CAM's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAR, had -flied lawsuits, without my knowledge or authorization, 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse Settlement funds without client approval or closing statements, 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, l was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed, These discussions included the details of cases to which neither CAR nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAFI lawsuits as well as the cases of other firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Law Firm attorneys and made litigation decisions. 33. During the course of my employment I learned that Martin O'Boyle directed his secretary to file in excess of 1.00 public records requests tolhe Town of.Gulf Stream, under the pretense that these were being filed on behalf of CAR He also ordered that lawsuits be filed by CAR against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Marlin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct litigation, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will tum -off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAR, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Finn and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent, 37. No retainer agreements were ever entered into with me on behalf of CAFI. No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAFI as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39- The employees of all of Martin O'Boyle's entitie-%including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm. 40. Although Martin O'Boyle named Denise DeMartini a director ofCAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation, 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When 1 asked Martin O'Boyle to quantify, how many cases he was willing to finance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I Teamed it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attorney's fees in excess of the fees actually earned I was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop, 46. in one telephone conversation with Jonathan O'Boyle I warned him at least six limes that I was going to resign and that I objected to Denise DeMarlini's.demands.thatJ produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy_ Shortly thereafter, I announced my resignation. 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49, William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that I withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my last conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life If I failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAM in filing additional lawsuits, 52. After resigning from CAM I sent an email to numerous newspaper and television news reporters announcing my resignation. i copied that announcement to dozens of individuals, including Robert Sweetapple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days of my, resignation from.CAFI, I granted an interview,with a reporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me, 55, Prior to my emailing the law firm of Jones Faster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm, 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entiroly the result of own initiative. 57. 1 sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'Boyle and the O'Boyle Law Firm might be illegal and fraudulent. 58.1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boyle's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate. myself from the O'Boyles and to make full disclosure of any illegal and kaodulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide them with evidence of such conduct_ 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61. I then provided to Robert Sweetapple evidence of what 1 believe may be fraudulent and criminal conduct as well as a detailed chronology of events, 62. Thereafter, I spoke with Robert Sweetapple and gave him permission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally. I determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66. Simply put, CAFI is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67, Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information from me Is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that i provided to Robert Sweetappte and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Oulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, 64. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting Elie taking ol'my sworn statements and authoring this affidavit is to Protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm serves as an example of the abuse of our legal system and will be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETH NAUGH JO ANDLER SWORN TO AND SUBSCRIBED before me this�7 day of October, 2414. nij 31;01S C. AMBER COLSON KELLY x,nty public - Slat, al Flodds NOTARY PUBLIC e,i ; Hy Comm. e,01'a7 Hay 31.2015 C,mm1,S10M 8 EE 166909 Aybu Printed Name of Notary, My Commissions Expir< Personally known Produced Identification r� Identification produced:��D nij 31;01S Flame Style of Case, Case # & Name of County Da Vinci Charter CAFI v. Academie Da Vinchool, g.Academie Inc. 522014CA003969-XXCICI Pinellas lliance for Aging, Inc. CAR v. Alliance for Aging, Inc. 2014 -14354 -CA -01 Miami -Dade 3 Alpha Charter of Excellence, CAR V. Alpha Charter of Excellence, Inc. Inc. 2014 -12272 -CA -01 Miami -Dade 4 Area Agency on Aging of CAR v. Area Agency on Aging of Central Central Florida, Inc. Florida, Inc. 482014CA005307A001OX Orange 5 Area Agency on Aging of CAFI V. Area Agency on Aging of Palm Beach Palm Beach Treasure Coast, Treasure Coast, Inc. Inc. 502014CA006175XXXXMBAD Palm Beach 6 Aspira of Florida, Inc. (;AFI v. Aspira of Florida, Inc. 2014 -19988 -CA -01 Miami -Dade 7 Behavioral Choices, Inc. CAFI v. Behavioral Choices, Inc. 2014CA003546-000-00 Polk 8 Broward Behavioral Health CAR v. Broward Behavioral Health Coalition, Coalition, Inc. Inc. CACE14014605 Broward 9 Cape Coral Preparatory and CAR v. Cape Coral Preparatory and Fitness Fitness Academy, Inc. Academy, Inc. 14 -CA -001301 Lee Town of Gulfstream (13147.1) List of Non -Profit Defendants Re: CAFI Lawsuits 10 Catholic Charities Diocese of CAR v. Catholic Charities Diocese of Venice, Venice, Inc. Inc. 2014CA005187 NC Sarasota 11, Chautauqua Charter School, CAR v. Chautauqua Charter School, Inc. Inc. 03 2014 CA 000597 Bay 12 Civilsury Design Group, Inc. CAR v. Civilsury Design Group, Inc. 2014CA003477-000-00 Polk 13. Excelsior Academies, Inc. CAR v. Excelsior Academies, Inc. .2014A3439 -CA -01 Miami -Dade 14. Expressions Learning Arts CAR v. Expressions Learning Arts Academy, Academy, Inc. Inc. D1 2014 CA 001677 Alachua 15. Florida Atlantic University CAR v. Florida Atlantic University CACE14007126 Broward 16 Florida Family Child Care CAR v. Florida Family Child Care Home Home Association, Inc. Association, Inc. 502014CA006758XXXXMBAJ Palm Beach 17 Florida State University CAR v. Florida State University Schools, Inc. Schools, Inc. 37 -2014 -CA -001328 Leon 18 Forza Education CAR v. Forza Education Management, LLC Management, LLC d/b/a Gulf d/b/a Gulf Coast Charter Academy South Coast Charter Academy 112014 CA 001080 South Collier Town of Gulfstream (13147.1) List of Non -Profit Defendants Re: CAFI Lawsuits 19 Gardens School of CAR v. Gardens School of Technology Arts, Technology Arts, Inc. Inc. 502014 CA005448XXXXM BAJ Palm Beach 20 Homeless Coalition of Palm (;AFI v. Homeless Coalition of Palm Beach Beach County, Inc. County, Inc. 502014CA006665XXXXMBAH Palm Beach 21 Human Services Associates, CAFI v. Human Services Associates, Inc. Inc. 482014CA007601A001 OX Orange 22 .- Learning Gate Community CAFI v. Learning Gate Community School School 292014CA004040-A001 HC Hillsborough 23 Lutheran Services Florida, CAR v. Lutheran Services Florida, Inc. Inc. 292014CA007729-A001 HC Hillsborough 24 Manatee Glens Corporation CAR v. Manatee Glens Corporation 41 -2014 -CA -004589 -AX Manatee 25 Marco Island Academy, a CAFI v. Marco Island Academy, a Public Public Charter High School, Charter High School, Inc. Inc. Lee 26 Mascotte Elementary School, CAR v. Mascotte Elementary School, Inc. Inc. 2014 -CA -000944 Lake 27 Miami's River of Life, Inc. CAFI v. Miami's River of Life, Inc. 2014 -14356 -CA -01 Miami -Dade 28 New Beginnings High School, CAFI v. New Beginnings High School, Inc. Inc. 2014CA001523-0000-00 Polk Town of Gulfstream (13147.1) List of Nan -Profit Defendants Re: CAR Lawsuits 29 Northeast Florida Area CAFI v. Northeast Florida Area Agency' Agency Foundation, Inc. Foundation, Inc. 16-2014-CA-003503-XXXX-MA Duval 30. Nova Southeastern CAFI v. Nova Southeastern University, Inc. University, Inc. CACE14013157 Broward 31 Palm Beach County CAFI v. Palm Beach County Substance Abuse Substance Abuse Coalition, Coalition, Inc. Inc. 502014CAO09300XXXXMBAD Palm Beach 32 Phoenix Programs of Florida, CAFI v. Phoenix Programs of Florida, Inc. d/b/a Inc, d/b/a. Phoenix Houses of Phoenix Houses of Florida Florida 292014CA007789-Ao01 HC Hillsborough 33. Ramz Academy, Inc. CAFI v. Ramz Academy, Inc. 2014 -11891 -CA -01 Miami -Dade 34. Rising Leaders Academy, Inc. CAFI v. Rising Leaders Academy, Inc. 03 2014 CA 000594 Bay 35, River City Education CAFI v. River City Education Organization, Inc. Organization, Inc. 16-2014-CA-003399-XXXX-MA Duval 36, Seniors First, Inc. CAFI v. Seniors First, Inc. 482014CA009153A001 OX Orange 37 Stellar Leadership Academy, CAFI v. Stellar Leadership Academy, Inc. Inc. 2014 -11938 -CA -01 Miami -Dade 38. Team Success a School of CAFI v, Team Success a School of Excellence, Excellence, Inc. Inc. 41 -2014 -CA -004592 -AX Manatee Town of Gulfstream (13147.1) List of Nan -Profit Defendants Re: CAFI Lawsuits 39 The Hope Foundation for CAR v. The Hope Foundation for Autism Autism 432014CA000465CA-AXMX Martin 40 The Seaside Playgarden, Inc. CAR v. The Seaside Playgarden, Inc. 16 -2014 -CA -003337 Duval 41. UCP Transitional Learning CAR v. UCP Transitional Learning Academy Academy 1482014CA004302A001OX Orange 42 Urban Oasis Project, Inc. CAR v. Urban Oasis Project, Inc. 2014 -13341 -CA -01 M. i1mi-Dade 43. Vision of Mater Academy, Inc. CAR v. Vision of Mater Academy, Inc. 2014 -21137 -CA -01 Miami -Dade pMoos5131471000011do6l Ifi 063.d= Style of Case, Case # & Name of County 3M Electronic Monitoring [Inc.] CAFI V. 3M Electronic Monitoring f29Name 512014CA003265CAAX WS Pasco Abington Holdings Limited, CAFI v. Abington Holdings Limited, Inc. Inc. 562014CA001609OCXXXX St. Lucie 3 ADA Engineering, Inc. CAR v. ADA Engineering, Inc. 2014 -18551 -CA -01 -Miami-Dade . 4 AECOM Technical Services, CAR v. AECOM Technical Services, Inc. Inc. CACE14014265 Broward 5 Albeck Gerken, Inc. CAR v. Albeck Gerken, Inc. 292014CA007732-A001HC Hillsborough 6 AES Engineering, Inc. CAR v. AES Engineering, Inc. 2014 -20160 -CA -01 Miami -Dade 7 AMEC Environment & CAR v. AMEC Environment & lnfrastructure, Infrastructure, Inc. Inc. CACE14014229 Broward 8 A&P Consulting CAR v. A&P Consulting Transportation Transportation Engineer Engineer 2014 -20156 -CA -01 Miami -Dade 9 ATCI Communications, Inc. CAH v. ATCI Communications, Inc. 2014 -17813 -CA -01 Miami -Dade Town of Gulfstream (13147.1) List of Private Defendants Re: CAR Lawsuits 10 Atkins North America, Inc. CAFI v. Atkins North America, Inc. 292014CA007736-AO01HC Hillsborough 11 Avart Ammann & Whitney, CAFI v. Avart Ammann & Whitney, Inc. Inc. 2014 -18549 -CA -01 Miami -Dade 12 Barnes and Noble College CAFI v. Barnes and Noble College Booksellers, Booksellers, LLC LLC 292014CA007086-AO01HC Hillsborough 13. Bayard Advertising Agency, CAFI v. Bayard Advertising Agency, Inc. Inc. 502014CA006854 Palm Beach 14 Bluefield Ranch Mitigation CAFI v. Bluefield Ranch Mitigation Bank Bank [LLC] 502014CA008791XXXXMBAF Palm Beach 15. Boro Building and Property CAFI v. Boro Building and Property Maintenance, Inc. Maintenance, Inc. 2014CA005254 NC Sarasota 16. Brannon & Gillespie, LLC CAFI v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA0061 12XXXXMBAG Palm Beach 17 Cape Leisure Corp. CAFI v. Cape Leisure Corp. 05 2014 CA 038359 Brevard 18 Charter Schools Associates, CAFI v. Charter Schools Associates, Inc. Inc. CACE14007518 Broward 19 Charter Schools USA, Inc. CAFI v. Charter Schools USA, Inc. CACE14013939 Broward Town of Gulfstream (13147.1) List of Private Defendants Re' CAR Lawsuits 20 ChildtaraTraining CAR v. Child Welfare Training Solutions, LLC SolutCACE14016687 Broward 21 Coraay Care, CAFI V. Coral West Adult Day Care, Inc. Inc.2014-20001-CA-01 Miami -Dade 22 Crosronmental CAFI v. Cross Environmental Services, IncServi512014CA001861CAAXWS Pasco 23 DavidInc. d/b/a CAR v. David J. Giannone, Inc. d/b/a Complete Complete Marine Marine CACE14010850. Broward 24 Dewberry Engineers, Inc. CAR v. Dewberry Engineers, Inc. 37 -2014 -CA -002055 Leon 25 Dragados USA, Inc. CAR v. Dragados USA, Inc. 37 -2014 -CA -002054 Leon 26 Envirospec, Inc. CAR v. Envirospec, Inc. 502014CA006655XXXXMBAH Palm Beach 27 Family Preservation Services CAR v. Family Preservation Services of of Florida, Inc. Florida, Inc. 562014 CA001771 O CXXXX St. Lucie 28 Fifth Street Counseling CAFI v. Fifth Street Counseling Center, Inc. Center, Inc. CACE14010621 Broward 29 First Care Home Services, CAF I v. First Care Home Services, Inc. Inc. 2014 -14378 -CA -01 Miami -Dade Town of Gulfstream (13147.1) List of Private Defendants Re: CAFI Lawsuits GEO Group, Inc. CAR v. GEO Group, Inc. CACE14003628 P31.Hubbard Broward Construction, Inc. CAFI V. Hubbard Construction, Inc. 482014 CA008210A001 OX Orange 32 IBI Group, Inc. CAR v. IBI Group, Inc. CACE14017517 Broward 33. Johnson's Excavation & CAFI V. Johnson's Excavation & Services, Inc. Services, Inc. 292014CA007288-A001HC _. Hillsborough_ 34. JPM Management Services, CAR v. JPM Management Services, LLC LLC 502014CA006659XXXXMBAO Palm Beach 35. Marine Exhibition Corporation CAR v. Marine Exhibition Corporation 2014 -23268 -CA -01 Miami -Dade 36. Marks Brothers, Inc. CAR v. Marks Brothers, Inc. 2014 -19990 -CA -01 Miami -Dade 37 Metric Engineering, Inc. CAR v. Metric Engineering, Inc. 201422139 -CA -01 Miami -Dade 38 Pomcor Longview, LLC Pomcor Longview, LLC 502014 CA005765XXXXM BAA Palm Beach 39. Psychological Assessment CAR v. Psychological Assessment and and Treatment Services, LLC Treatment Services, LLC 292014CA007096-A001 HC Hillsborough Town of Gulfstream (13147.1) List of Private Defendants Re: CAN Lawsuits p: Woos113147100001 Woclt 1f1249.do Psychological Management CAFI V. Psychological Management Group, Group, P.A. P.A. 292014CA008783-A001 HC p41.Ranger Hillsborough Construction CAFI v. Ranger Construction Industries, Inc. ndustries, Inc. 502014CA00929OXXXXMBAD Palm Beach 42 Robertson Consulting Group, CAFI V. Robertson Consulting Group, Inc. Inc. 2014CA003252 NC Sarasota 43. Royalaire Mechanical CAFI v. Royalaire Mechanical Services, Inc. Services, Inc. _. 522014CA006645-XXCICI Pinellas 44 Silver Seas Hotel, Inc. d/b/a CAFI v. Silver Seas Hotel, Inc. d/b/a Lighthouse Lighthouse Point Yacht & Point Yacht & Racquet Club Racquet Club CACE14014228 Broward 45. Stantec Consulting, Inc. CAFI v. Stantec Consulting, Inc. 2014 -27013 -CA -01 Miami -Dade 46. Sweetapple, Broeker & CAFI v. Sweetapple, Braeker & Varkas, P.L. Varkas, P.L. 502014CA011941XXXXMBAH Palm Beach 47 Wantman Group, Inc. CAFI v. Wantman Group, Inc. 502014CA005771 XXXXMBAF Palm Beach p: Woos113147100001 Woclt 1f1249.do Name Style of Case, Case # & Name of County 1 Board of County CAF( v. Board of County Commissioners Commissioners Miami-Dade Miami-Dade County County 2014-3270-CA-01 Miami-Dade 2 Broward County Sheriffs CAR v. Broward County Sheriffs Office, et all Office CAGE14004038 Broward 3.- - City of Aventura. CAFI v. City of Aventura - - 2014-12657-CA-01 Miami-Dade 4 City of Brooksville CAFI v. City of Brooksville 14001263CAAXMX Duval 5 City of Dania Beach CAFI V. City of Dania Beach CACE14013189 Broward 6 City of Dunedin CAFI V. City of Dunedin 522014CA006858-XXCI CI Pinellas 7 City of Fernandina Beach CAR V. City of Fernandina Beach 14-CA-000214-AXYX Nassau 8 City of Florida City CAR v. City of Florida City 2014-3016-CA-01 Miami-Dade 9 City of Madeira Beach CAFI v. City of Madeira Beach 522014 CA005249-XX C I C I Pinellas Town of Gulfstream (13147.1) List of Municipality Defendants Re: CAFI Lawsuits 10. City of Miami CAFI v. City of Miami 2014 -4812 -CA -01 Miami -Dade CAFI v. City of Miami 2014 -5237 -CA -01 Miami -Dade 11 City of Miami Beach CAFI v. City of Miami Beach 2014 -12658 -CA -01 Miami -Dade 12 City of Tallahassee CAFI v. City of Tallahassee 37 -2014 -CA -001331 1 -eon,. 13. City of Tampa CAFI v. City of Tampa 292014CA005311-A001HC Hillsborough 14. Department of Management CAFI v. Department of Management Services Services 37 -2014 -CA -000992 Leon CAFI v. Department of Management Services 2014 -4811 -CA -01 Miami -Dade 15. Duval County School Board CAFE v. Duval County School Board 16-2014-CA-002695-XXXX-MA Duval 16. Florida Department of CAFI v. Florida Department of Agriculture Agriculture CACE14003605 Broward CAFI v. Florida Department of Agriculture CAGE14003697 Broward CAFI v. Florida Department of Agriculture 2014 -3703 -CA -01 Miami -Dade Town of Gulfstream (13147.1) List of Municipality Defendants Re: CAFI Lawsuits 17 Jacksonville Aviation Authority CAFI v. Jacksonville Aviation Authority 16-2014-CA-002858-XXXX-MA Duval 18. Miami Dade County CAFI v. Miami Dade County 2014 -7299 -CA -01 Miami -Dade CAFI v. Miami Dade County 2014 -13602 -CA -01 Miami -Dade 19 Miami Dade School Board CAFI v. Miami Dade School Board 2014 -3018 -CA -01 Miami -Dade - 20. Miami Dade Water and Sewer CAFI v. Miami Dade Water and Sewer Dept. Department 2014 -3078 -CA -01 Miami -Dade 21 Office of the State Attorney, CAFI v. Office of the State Attorney, Fourth Fourth Judicial Circuit of Judicial Circuit of Florida Florida 16-2014-CA-002859-XXXX-MA Duval 22 Sarasota County CAFI v. Sarasota County 2014CA001576 NC Sarasota 23 Sheriff of Columbia County CAFI v. Mark Hunter, Sheriff of Columbia (Mark Hunter) County 122014CA000157 Columbia 24 South Florida Water CAFI v. South Florida Water Management Management District District 502014CA001392XXXXM BAG Palm Beach 25 Stellar Leadership Academy, CAFI v. Stellar Leadership Academy, Inc. Inc. 2014 -11938 -CA -01 Miami -Dade Town of Gulfstream (13147.1) List of Municipality Defendants Re: CAFI Lawsuits 26 Town of Cutler Bay CAFI v. Town of Cutler Bay 2014 -3271 -CA -01 Miami -Dade 27 Town of Gulfstream CAFI v. Town of Gulfstream 502014CA003396XXXXMBAB Palm Beach CAFI v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA006112XXXXM BAG Palm Beach CAFI v. Town of Gulfstream 502014CA006360XXX XM BAN Palm Beach 28 Town of Lake Park CAFI v. Town of Lake Park 502014CA0081 17XXXXMBAD Palm Beach CAFI v. Town of Lake Park 502014CA009099XXXXM BAB Palm Beach 29 Town of Miami Lakes CAFI v. Town of Miami Lakes 2014 -3076 -CA -01 Miami -Dade 30. Village of Bal Harbour CAFI v. Village of Val Harbour 2014 -14807 -CA -01 Miami -Dade 31 Village of Pine Crest CAFI v. Village of Pine Crest 2014 -3727 -CA -01 Miami -Dade p;%docs113147WOOD11doc1l lf0864.dom fcirorg hilpJ/fc(r.org/2015/01/09/following-fclr-story-new-leglslallor proposed-as-cldzens-awareness-foundation-suspends-operations/ Following FCiR Story, New Legislation Proposed as Citizens Awareness Foundation Suspends Operations By Tristram Korten Florida Center for Investigative Reporting Two Florida legislators proposed bills this week in the state Senate and House that would amend the public records laws to protect private companies doing business with state agencies. Open records advocates say the bills as written would Impede access to public records. The legislation, filed by state Sen. Wilton Simpson and Rep. Halsey Beshears, follows a Florida Media Partners enter for Investigative Reporting story on a nonprofit foundation and a law fine that allegedly ngaged In a predatory practice of filing numerous public records requests against public and The Ledger rivals, agencies and then suing for non-compliance with those requests. The foundation has ince.suspended-eperations-as4he-Florida-Bar-Investigates-membersvFthelaw firm. ----- M amLHerajd_......-...---- Naples Daily News�he Florida Center for Investigative Reporting (FCIR) uncovered details about these cases that care deeply troubling," Sen. Simpson stated In a press release announcing the bills. "[Ajcross Florida, individuals are approaching some of these businesses to ake.publte recocdsleques for only one purpose: creating confusion for the business owners that leads to ra,z frivolous lawsuits to obtain cash settlements.' FCiR found more than 140 lawsuits filed In 27 counties by the Citizens Awareness Foundation and sister organization Our Public Records LLC. Lawyers from the O'Boyle Law Firm, which shares the same address as the foundation, were used in all of the lawsuits FCIR reviewed, South Florida millionaire Martin O'Boyle founded the Ctttzens Awareness Foundation In January 2014. He also loaned his son Jonathan, a Pennsylvania lawyer not licensed in Florida, $400,000 to start the O'Boyle Law Firm a few weeks later. Both entities were housed In the office of Martin O'Boyle's real estate development firth in Deerfield Beach. Joel Chandler, the foundation's executive director, quit six months into the job, saying he had concerns that coordination between the law firm and the foundation was unethical and possibly illegal. Court records and internal communications reviewed by FCIR, along with interviews with Chandler, indicated there was pressure on the foundation to generate lawsuits for the law firm exclusively. The foundation's board is made up of employees from the O'Boyle Law Firm and Martin O'Boyle's development company. The lawsuits took advantage of a year-old change to the state's open records law stipulating that private businesses contracting with public agencies must provide their Joel Chander records for public inspection. Many businesses were unaware of this change. �,_ Chandler said he objected to the tactics used, but maintained that the records requests he filed that resulted in lawsuits were nonetheless lawful. The Citizens Awareness Foundation filed so many lawsuits against private engineering and road -building companies that industry associations sent warnings to members. 'This bill protects the citizen's right to know, while also protecting contractors from bad actors scamming the system to line their own pockets," Beth Rawlins, president of the nonprofit Florida Business Watch, was quoted in Simpson's press release as saying. But Barbara Petersen, president of the Tallahassee -based First Amendment Foundation and an FCIR board member, thinks the proposed legislation limits access too severely. "We have some concerns with the bill as drafted," Petersen said. "We met with Sen. Simpson to discuss our concerns and we hope that we can find some middle ground." Petersen's main objections involve requirements that a certified letter be sent five days before fling a lawsuit and proving that a vendor willfully did not comply with a records request. Many open records advocates feared the Citizens Awareness Foundation controversy would give opponents an excuse to weaken Florida's strong open records laws. Meanwhile, the Florida Bar confirmed to FCIR that it is investigating several lawyers in the O'Boyle Law Firm. Jonathan O'Boyle isnotpractice law in Florida but can certain activities under supervision of a licensed Florida lawyer. According to Chandler, O'Boyle may have violated those restrictions. A representative with the Florida Bar contacted FCIR and asked If a reporter would comply with a subpoena in their Investigation. FCIR said the journalist would not comply, citing a policy of not allowing reporters to testify under oath. Martin O'Boyle, who originally declined to speak with FCIR on the advice of his attorney, contacted the news organization after the story was published. He denied that the foundation was designed to profit from the lawsuits, and said the law firm had not made back the $400,000 he loaned his son to start it. He said his son did not violate Florida Bar rules. "This is a good kid," O'Boyle said. "He has said to me many times,'Dad, all I want to do is be a public records lawyer.' That's where his heart Is." But because of the investigation, he said, there's the possibility he won't be able to practice in Florida. "Joel has taken that from him," O'Boyle said. O'Boyle also objected to Chandler's assertion that the Citizens Awareness Foundation had to meet a specific lawsuit quota for the O'Boyle Law Firm. Foundation board member Denise DeMartini sent Chandler an email in April 2014 that read: 01 am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week." DeMartini told FCIR that she was simply responding to numbers Chandler had promised he would provide, but that there was no quota. Chandler disputed this. "The intent of the email is clear on its face," he said. "There was the expectation that 1 produce 100 lawsuits a month exclusively for the O'Boyle Law Firm." It was one of the main reasons he quit, he said. Following FCIR's story, Citizens Awareness Foundation has stopped filing new lawsuits and funding has been suspended, according to Martin O'Boyle and DeMartini. "With everything that's going on, things have slowed down quite a bit," DeMartini said. "We are re-evaluating what our future is going to be." in Lawsuits Slalewide, Quesliem OfI'mmuAnd Mid R=r(h I Red& Ce1Nu Cur Invasagvlvc R"ning II11Me AanUr PU)an1ANMYS MNATn TIPS 1N% b7tnAT1nNS Enter search kcyssvnl ." FLORIDA CENTER FOR INVESTIGATIVE REPORTING Slog Economy Education Environment Espefiol Government Health Immigration Justice Government, Open Records In Lawsuits Statewide, Questions of Profits and I i Public Records ; I t , ! , I'u1111d .+TIMINrN1elIY1 \4 •a11J Tu J\: !tile".A\\am a"Pm d i Ir Trl.elll ^ +ALeNn nTNvin. Our ln\Flk Rwnrd.l if Ann.Ainw l.w, Tewenr A"m nr Tri<Iram xnnrn South Florida millionaire Martin O'Boylejounded the Citisens Awareness Foundation. (Photo courtesy ojthe Coastal Star.) By Tristram lcurten andTrevor Aaronson Florida Center for Investigative Reporting -1 LLA - -A- —..&?�R6.�etvRiRYsglawrneaee�aaw.�t. S>fh7SlTi4 e Z,.,, t�'fay nds7slelii t.: , ' subscribe MEMIMMUMMM Accomplice of man who police say brought his baby to a burglary in St. Petersburg arrested Grand jury blames Pinellas Park pain doctor for deaths of three people Governor, Senate president break bread at mansion The nonprofit Citizens Awareness Foundation was founded to "empower citizens to exercise Florida Rep. Daniel Webster has no regrets' for their right to know,' according to its mission statement. The South Florida millionaire barking attempted speaker coup the foundation hired one of the state's most prominent public records activists to run it, tented Witness; Methodical Paris gammen knew'exactly office space, and pledged to pay the legal fees to make sure people bad access to government where: to shoot' records. settlements from every lawsuit fBad. Media Partners But a review of court records and internal cammunicationa obtained by the Florida Croner for lnvestigadve Reporting shows that the Bradenton Herald foundation is less interested in obtaining records and educating the Creative Loafmg public than in working with a partner law firm to collect cash settlements from every lawsuit fBad. Florida Tunes -Union Citizens Awareness Foundation and the O'Boyle Law Firm set up Key West Citizen shop in the same building at about the some timo. The two share more than an address. They also sham personnel, money and a The Ledger mandate to sue as many state and local government agencies and businesses as they can for violating Florida's Sunshine law. hilp,/n'ceargRelall/09fin-lawsdm-suttwide-glualans-of-praNsand-pllalk.leeoNu[IRR015249:27 PMi Kim Rothstein out of prison, moved to halfway house Judge to decide temporary custody of children laft car for seven ham State making it tougher for vandals to reach signs Big Brothers Big Sisters move to Tampa may draw other organizations, too Hard freeze expected overnight Riverview man finalist in Super Bowl commercial contest In Laysoln Stateoide, Qwn uni afPmfte and Public R=tds I Flmida Ceuta In, Inve ugmin aepoains Miami Herald Since January, the foundation and a sister group, Our Public At NOW Comomnities, a ramrd and ready for more Naples DailyNews Records LLC, have filed more then 340 lawsuits in zy counties, growth court records show. A lawyer with the O'Boyle Law Firm filed an of The Tampa Tribune Construction about to start on Vo million Oak tlm relies FCIR reviewed. Hammock expansion The dose partnership between CitGrnsAwareness Foundation and Same-sex couples wed in Alachua County the law firm prompted the foundation's first executive director, Joel Chandler, to quit over ft's your Luckys day. Organic supermarket concerns that the coordination "may be crimlmd, fraudulent and unethical,` according to an celebrates grand opening Wednesday affidavit he fled. Both organizations are housed at the offices of the Continence Gmup, tine Deerfield Beach real estate development firm owned by millionaire Martin OBoyle. O'Boyle is best known for inundating the Palm Beach State Attorney's office with mom than i,3on public records requests, and for suing the wealthy town of Gulf Stream, where he lives, afier filing 1,2oo public records requests. Citizens Awareness Foundation's board is comprised of employees of the OBoyle Iaw Firm and the Commerce Group. According to an email from one board member, the foundation had a quota to refer a minimum of 25 lawsuits per week to the law firm. The foundation has threatened so many engineers with legal action that the Florida Bngincering Society sent a warning to members, "It is debatable whether they are truly seeking records or -- just attemplingtoobtaia-legabfees fere-violationnfthis requirement;' t7algVattt, tht "— -_ CrgadlzaTlafi's'gahataleOBiTs'al; Saidlfi'tl3eMay2'3 f lord. ._ ... . The road -building industryin Florida also has been swamped with public records requests and lawsuits from Citizens Awareness Foundation. "It's a sad game of'gotcha; the only purpose of which is to generate an attorney fee claim rather then obtain any actual public records," said Bob Burleson, president of the Florida Transportation Budders' Association. State Sen. Wilton Simpson, R -Trilby, has received similar complaints, and has begun drafting legislation to better define the public records law. In October, the town commission of Gulf Stream, in Palm Beach County, voted unanimouslyto him an outside lawyer to pursue a federal racketeering case against O'Boyle. Representatives of Citizens Awareness Foundation and the OBoyle Law Firm mferred questions to Fart Lauderdale lawyer Mitchell W. Berger. 'We are new to this process and undertaking an investigation of the facts and arcomstanees which have resulted in the current controversy,' Berger said. "We will not litigate this matter in the press on a question -by -question basis and will leave our responses to be filed in the appropriate proceedings where we am surejustice will be done and our clients will be exonerated in the process.` Lawsuit Quota The foundation and the law firm are exploiting an April 2013 amendment to state law that requires private companies holding public records to make them available. After the 2o13 amendment passed, Martin O'Boyle contacted Joel Chandler, a well- known open government activist, about starting Citizens Awareness Foundation. Chandler, who lives in lakelaud, had worked as a volunteer his entire career. O'Boyle offered him a $120,000 annual salary, a company car and health insurance. "I went from being completely broke to getting paid $10,000 a month,' Chandler said, "It was a very cool gig." burp 11fdr ansail9r11N9no-lawsuiw-mexid"Miinm.of-pmfia and-p@IiuerntdejIRrloi 31:39]3 PMI ict Y' u ti 42 v.� lq aLa�Fi 1,'A3A,`tilD M ! �''g 'Mf .1' RM DDIUTE �itaaxn In tewsulis Statewide. Quesarnv efptufin and public Records I Plonde Center for ImYSJp Live Reporting The foundation was incorporated on Jan. 27, The O'Boyle Law Firm opened on Feb. to. They both listed the some address in Deerfield Beach no incorporation records. Martin O'Boyle's son, Pennsylvania lawyer Jonathan O'Boyle, was listed as the law firth's director. Jonathan O'Boyle is not licensed to practice law in Florida, and records show he may have Hired as executive director of the Gittens Aumreress Foundation, Joel Chandler resigned due to behavior he thought *nay be criminal, fraudulent and unethical,' according to an a fftdavlthe filed. (Photo _.. _.. _ courtasy of Joel Chandler.) __ _ director and supervising other lawyers. Under Florida Bar rules, lawyers supervising cases must be licensed in the state. 'He was in the officejnat about everyday," Chandler said. "I was in the room multiple times when Jonathan was directing other attorneys In their work and no one was supervising Jonathan." In mails FCIR reviewed, Jonathan O'Boyle wrote about assigning himself a ease. Another lawyer described O'Boyle directing settlement negotiations In a separate case. When setting upthe foundation, Chandler said he talked with the 0'Boyles about the need to avoid conflicts of interest lie was worried because all of the foundation's board members either worked for Martin O'Boyle's real estate company or the law firm. 'Met was a sticking point. whether I could only refer cases to his son's law fumy" Chandler said. "I didn't want to be involved In something whore we file lawsuits just to file lawsuits. I was assured I would have sale discretion about who to litigate and which law firm to use.' That never happened, he said. By April, Citizens Awareness Foundation board member Denise DeMartim, who works for the Commerce Group, was demanding mum lawsuits. "1 am in the law meeting now and have been told that you have only provided eight new cases for this week. We were expecting a minimum of 25 a week" she emailed Chandler on April 28. The law meeting she referred to was the O'Boyle firm's staff meeting. DeMartini is not a lawyer. Citizens Awarenens Foundation was filing so many lawsuits that Chandler was not able to vot them all, as he had negotiated from the start In some cases, lawsuits ween filed In his name without his knowledge or permission, he said. On June 2, Chandler emailed his board about using another law firm. '111f we use the O'Boyle Firm exclusively it will appear to be'self dealing' by the IRS," Chandler said. William Ring, the foundation's president and a lawyer with the Commerce Group, replied: 'I'm not inclined to authorize [Citizens Awareness Foundation] to engage another law Cum." Ring is now the registered agent for the O'Boyle Law Firm, state records show. Settlements Demanded The foundation targeted governments big and small, but it also filed complaints against obscure companies contracted by government agencies. Manyweren't aware the records law applied to them. The records requests often came in over the weekend, from "An Onome with the email hnp//fele.erg/101M11a19/in-nsmtils-naLLwide-qurstinra-opprofband-pnblfc-rtcoNdl IRR015 2.T9:23 PMj la Law lrs Slelewide.Qw4d= ofFrofiu and Public Rourds I Florida Center fur Inm0fixtive Reporting address vendor.contraetpublishing@gmail.com. Dave McIntosh, who runs an environmental mitigation bankthat does work forthe state, said his records request from An Onoma came at 9:48 a.m. on Sunday, May 0. "I was totally convinced it was bogus,"he said. McIntosh wrote back asking who they were The reply. 'None of your business." The lawsuit arrived a month later, along with a settlement demand for $2,500. McIntosh offered to paythe $410 fling fee and $500 for costs. The lawyers rejected the offer and added a nondisclosure agreement, meaning the settlement couldn't be discussed afterwards. Lints rsAwamnessFoundation and iissister organization, Our Public Records LLC, have filed lawsuits in 27 of Marfda's counties, shaded here in blue. (Graphic by GrantSmidVFIorlda Can terforinuesrigatiue Reporting.) "To me that was hilarious, another brick in the wall that makes the ease that these guys are a scam," McIntosh said, He's fighting the lawsuit. .....InJuni,,Miamis&ivecaEliie,asmellsoeial.saMmagenoyaonlacted-Chandkrwyingthey ... didn'trealize thew records were public and that they were willing to comply —but the settlement demand for nmrIy$4,000 wait too much Chandler called the O'Boyle lawyer handling the case, Mckalaus Taylor, on June 27. Atter the call, Chandler emailed Taylor. "In our conversation this morning I understood, from you, that the O'Boyle law, Firm has about $1,20o in costs and fees in the case up to this point. I also understood that you have been instructed by Jonathan O'Boyle to demand $3,80o to settle the case. If such a demand is accepted by the Defendant that would create a windfall of about $2,600 beyond actual fees and expenses." Taylor responded: "This email is to confirm our conversation today and to reiterate that all offers for settlement are made pursuant to the policies of the O'Boyle Law Firm.* On June 30, Chandler resigned. Worried about the damage he had inadvertently reused, he contacted defendants in the lawsuits and offered his help. Citizen Awareness Foundation sued him for breacbm of contract and fiduciary duty. Since Chandlefs departure, Citizens Awareness Foundation and Our Public Records LLC have Bled 70 more lawsuits around the slate. Among the latest defendants: a Catholic charity in Sarasota County, an accountant in Hillsborough County, and ChIlVet, a nonprofit in Broward County whose mission is to "protect abused, abandoned and neglected children." = 0 Twner 10 share 36 {3gl 11111131lWroviln01411IRIplm IswsWt+stalewlMyuentarwuf-pmfia-and-puhlk reulNs/j1172015 2:79:23 PMl Filing # 34400153 E -Filed 11/12/2015 05:57:50 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 502013CAOI7717XXXMB(AA) CHRISTPHER O' HARE, Plaintiff, V. TOWN OF GULF STREAM, Defendant. Defendant, Town of Gulf Stream, by and through undersigned counsel, hereby moves this Court to compel Plaintiff, Christopher O'Hare, to produce, for in camera inspection, any and all fee agreements entered into between him and The O'Boyle Law Firm for public records litigation as requested in paragraph number 5 of the Town's Request to Produce dated December 2, 2014, and as grounds therefore would show unto the Court that: 1. In said paragraph, Defendant requested, "any attorneys' fee agreements, billing records and records of payment of attorneys' fees and costs regarding any legal matter with the Town of Gulf Stream where you are seeking any award of attorneys' fees and costs." See the Town's Request to Produce dated December 2, 2014 attached as Exhibit A. 2. On January 2, 2015, Defendant objected to this request as being over broad, vague, ambiguous, unduly burdensome and beyond the scope of admissible discovery. LAW OrFICES OF SWEETAPPLE, BRoEaR & VARKAs, P.L. 20 SE3m STREET, BOCA RATON, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CAOI7717XXXXMBAG; Palm Beach County 3. The Town of Gulf Stream is defending more than twenty five public records cases brought by Christopher O'Hare who is represented by The O'Boyle Law Firm in ten of these, which are pending in the Fifteenth Judicial Circuit. 4. In the public records cases, Plaintiff has made a demand for attorneys' fees as provided by §119.12 of the Florida Public Records Act. The demand for fees has not been bifurcated and Defendant is entitled to all requested discovery regarding the fee claims. 5. As a result of discovery and investigations, the Town of Gulf Stream has learned that The O'Boyle Law Firm, through assorted counsel, is engaged in an ongoing scheme with regard to the prosecution and attempted settlement of public records cases in Palm Beach County and throughout the state of Florida.' The scheme involves demanding attorneys' fees which have not been earned. 6. On August 8, 2014, attorney Grier Wells, representing Practical Academic Cultural Education Center for Girls, Inc., took the deposition of plaintiff Jeffrey Marcus Gray with regard to a public records case pending in the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida. A copy of Mr. Gray's deposition is attached hereto as Exhibit C. 7. That case was also filed by The O'Boyle Law Firm, and is styled Jeffrey Gray v. Practical Academic Cultural Education Center for Girls Inc., case no. 2014 -CA -002839. 8. The deposition reveals that Mr. Gray was introduced to The O'Boyle Law Firm by Mr. Joel Chandler, who was also represented by The O'Boyle Law Firm in separate public records litigation. See Exhibit C, Gray Dep. 42:2-5, August 8, 2014.), See Affidavit of Joel Chandler attached as Exhibit B. 2 LAW OJT -ICES OF SWEErAPPLE, BROExER & VARKAS, P.L. 20 S.E. 3RD Snxra-r, BOCA RATON, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No,:502013CAO 17717XXXXNIBAG; palm Beach County 9. Mr. Gray testified that one of the ways he earns money is by filing public records lawsuits against unsuspecting municipalities or private contractors. Mr. Cray testified that between six and eight of his cases settled, and that while he has not personally made attorneys' fee payments to the firm, he nevertheless receives a portion of the income from these settlements. See Exhibit C, Gray Dep. 43:11-1 S; 46:3-17. 10. Mr. Gray stated, A: When I left Winn-Dixie, I cashed in my 401(k) and I lived off that for a while. And I also through public records requests I do receive settlements. Q: You receive settlements? A: Yes, Q: From whom? A: Whatever vendor that I sue. Q: Whatever vendor you sue? A: Yes. Q: Are the settlements paid to you, or are they paid to your attorneys and then from the attorneys to you? A: They are paid to the attorneys and then to me Exhibit C, Gray Dep. 30:16-25; 31:1-5 (emphasis added). I. THE O'BOYLE LAW FIRM'S ILLEGAL FEE AGREEMENT 11. Recently, Mr. Gray produced to attorney Wells a copy of the fee agreement presented to him by The O'Boyle Law Firm dated February 12, 2014 (the "Illegal Fee Agreement"). The Illegal Fee Agreement is attached hereto as Exhibit D. 12. Paragraph 6(a) states that billings will be invoiced based on current rates ranging from $250 - $375 per hour. 13. Paragraph 6(b) states that "For Public Records cases, the remedy is production of the document and statutorily -awarded attorney's fees." 3 LAW OrFICE5 OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3"0 STREET, BOCA RATON, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CA017717XXXXMBAG; Palm Beach County 14. Paragraph 6(b)(i) of the Illegal Fee Agreement, however, then purports to set forth a modified contingency fee which would only apply if The O'Boyle Law Firm collected settlement monies in excess of actual attorneys' fees and costs incurred. Under this provision, the O'Boyle Law Firm has the ability to stay collection of hourly billings and elect to switch the case to a "modified contingency," but only if the firm first determines that the case is meritorious. 15. Under this `Snodified contingency," The O'Boyle Law Firm becomes entitled to the greater of "a) all costs as well as 40% of the remaining monies (40% of the net recovery after costs are collected from die gross recovery) or b) all costs and attorneys' fees." (Emphasis added). The paragraph further provides that if the matter is resolved unfavorably the firm will waive all fees and costs associated with prosecution. 16. This provision allows the client to keep up to 60% of all recoveries after costs, and essentially operates as a "finder's fee" that encourages voluminous public records litigation. 17. Thus, on its face, the Illegal Fee Agreement creates an incentive for The O'Boyle Law Firm's "clients" to set public entities up to fail, through either "gotcha" public records request or, as is the case here, through voluminous requests that prevent the entity from fully complying. In such instances, the "client" then "hires" The O'Boyle Law Firm in order for the firm to demand settlements far in excess of actual fees and costs incurred. This allows the "client" to get paid and, as Mr. Gray stated in his deposition testimony, is apparently a quick and easy way to make a living. 18. Effectively, however, the Illegal Fee Agreements turns the so-called "clients" into nothing more than runners actually hired by The O'Boyle Law Firm, with their sole 4 LAW OrFicrs OF SWEFTAPPLE, BROEKER & VARKA3, P.L. 20 S.E. 30 STREET, BOCA RATON, FLORmA 33432 Christopher O'Hare v. Town of Gulf Stream Case N0.:502013CA017717XXXXMBAG; Palm Beach County purpose being to generate bogus public records litigation. The O'Boyle Law Firm, in turn, will make settlement demands in excess of actual fees and costs incurred so that both it and the "client" can profit. 19. As noted by Illegal Fee Agreement itself, however, the only relief available in public records litigation is reasonable attorneys' fees pursuant to § 119.12 of the Florida Statutes. 20. Thus, the "modified contingency" provision of the Illegal Fee Agreement is nothing more than an attempt to re-classify attorneys' fees as monies received from a "seltlemcnY' of the case. As such, the agreement on its face recognizes intent on the behalf of the law firm to share attorneys' fees with non -lawyers in contravention of Rule 4-5.4, Profession Independence of a Lawyer. "A lawyer or law firm shall not share legal fees with a non - lawyer except that ... 5) a lawyer may share court awarded fees with a non-profit, pro- bono legal services organization that employed, retained or recommended employment of the lawyer in the matter." 21. The Illegal Fee Agreement further recognizes the intent of The O'Boyle Law Firm to generate public records litigation for the sole purpose of allowing both the firm and "client" to profit. See Exhibit C, Gray Dep. 30:16-25; 31:1-5. 22. Accordingly, the Honorable Jack M. Schemer found and ordered on December 1, 2014, in a parallel Gray case in Duval County styled Jeffrey Marcus Gray v Lutheran Social Services of Northeast Florida. Inc Case No. 2014-CA-4647XXXXCV-E. However, the relief available under the Act is production of the requested documents, costs, and attorneys' fees. There is not a basis for an award of monetary damages. Shakfeh claimed during argument that the 'settlement proceeds' are generated in exchange for dismissing claims for 'declaratory relief.' This, too, would not 5 LAW OFFICES OF Swr.ETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3P° STREET, BOCA RATON, FLORIDA 33432 Christopher O'Hare Y. Town of Gulf Stream Case No.:502013CA017717XXXXMBAG; Palm Beach County give rise to an award for monetary damages. The court concludes that any payment to Gray in the past in other cases is merely a fee - splitting arrangement between Gray and Shakfeh. The use of the term `settlement proceeds' is simply an effort to mislabel any mpnetary distribution between them Based on this argument. Gray has a financial interest in assuring that his requests for public records are refused (Emphasis added.) E. The Final Order Denying Relief under Public Records Act is attached hereto as Exhibit 23. The O'Boyle Law Firm's attempt to share legal fees with its `clients" violates the Rules Regulating the Florida Bar and thus renders the fee agreement void. See Chandris. S.A. v. Yanakakis 668 So.2d 180, 181 (Fla 1995) (holding that "Florida contingency fee agreements entered into by attorneys subject to our regulations but which do not comply with the regulations are ... void as against public policy."). 24. Furthermore, The O'Boyle Law Firm's attempt to use the Public Records Act to generate settlements in excess of attorneys' fees incurred blatantly violates the well-settled purpose of the attorneys' fee entitlement of the statute, which is solely "to encourage public agencies to voluntarily comply with the requirements of Chapter 119, thereby ensuring that the state's general policy is effectuated." Barfield v. Town of Fatonville, 675 So. 2d 223, 224 (Fla. Dist. Ct. App. 1996). 25. The purpose of the attorney fee entitlement provision of the Public Records Act is not to allow law firms to designate runners to generate bogus public records litigation in order to turn a profit. II. THE ILLEGAL FEE AGREEMENT CONTAINS AN ILLICIT PENALTY CLAUSE. 6 LAW OFFICES OF SWEETAPPLE, BROEKER B V ARRAS, P.L. 20 S.E. 3fl° STRErrr, BOCA RATONN, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CA017717XXXXMBAG; Palm Beach County 26. An examination of the Illegal Fee Agreement reveals that the agreement is in further violation of the Rules Regulating the Florida Bar and Florida case law. In paragraph 3(b), the agreement states, "Your termination of this agreement: you may terminate our services for any reason. You will still be responsible for paying any outstanding fees and costs." 27. In paragraph 6(b)(ii) the agreement then states, "In the event that the representation is terminated by the client, all fees and costs for which collection has been stayed shall immediately become due and owing to the Firm." The cited termination clause patently violates Rule 4-1.5 (an attorney shall not charge or collect an illegal, prohibitive or clearly excessive fee) because the termination clause would force any client of The O'Boyle Law Firm to pay the firm immediately upon discharge, even where the contingency had never been met and even if the discharge were for cause. 28. The Supreme Court of Florida has consistently recognized this principle, including in its affirmance of disbarment of Ronald T. Spann. In The Florida Bar v. Ronald T Spann 682 So. 2d 1070, 1072 (Fla. 1996) (Exhibit 1), the court stated, In this case, the record reflects that, in 1991, Spann represented Edward Jenkins in a claim for benefits under his pension plan. Their contingent agreement provided that if Spann's services were terminated before reaching a settlement or final judgment, Jenkins would own Spann for services rendered based on a specified hourly rate schedule. Based upon these facts, the referee found the agreement constituted a penalty clause in violation of Rule 4-1.5(a) (an attorney shall not charge or collect an illegal, prohibited or clearly excessive fee), because Jenkins would be forced to pay Spann immediately upon discharge even where the contingency had never been met, and that Spann also violated Rule 4-5.3(a) (a partner shall make reasonable efforts to ensure that a non -lawyer employee's conduct is compatible with the professional obligations of the lawyer). 7 LAW OFFICES OF S WEETAPPLE, BROMER & VAR%AS, P.I.- 20 S.B. 3R° STREET, SOCA RAToN, FLORIDA 33432 Christopher O'Hare Y. 'town of Gulf Srream Case No.:502013CA017717XXXXMBAG; Palm Beach County 29. The Fourth District Court of Appeal has similarly found such representation agreements unenforceable as a matter of law for violating Rule 4-1.5(a). The discharge clause goes to the essence of the agreement, Tendering the agreement unenforceable. See Guy Bennett Rubin. P.A. v. Guettler, 73 So.3d 809, 814 (Fla. 4" DCA 2011). The Fourth District stated, Therefore we hold that based on Rule 4-1.5, Hollander and the trial court correctly held the Agreement unenforceable as a matter of law because a discharge clause of this type has been consistently held by the Supreme Court to be contrary to public policy because of the potential it has for killing a client's rights to change counsel. 30. Based in part on its illegal retainer agreement, The O'Boyle Law Firm has continued to demand payment for attorneys' fees and costs in excess of the actual attorneys' fees and costs earned. This is based on the fraudulent, illegal and unethical position that the firm is somehow is entitled to demand a multiple of its attorneys' fees. 31. Mr. Chandler learned of this practice, known as the Windfall Scheme, and confronted William Ring, Jonathan O'Boyle and Denise DeMartini, threatening to resign from Citizen's Awareness Foundation, Inc, if said practice did not stop (Chandler Aff. $145- 46). Despite his protestations he was advised that the firm would continue with this illegal conduct and demanded that Mr. Chandler produce 100 filed cases per month for The O'Boyle Law Firm to prosecute. See Exhibit B. IH. THE COURT'S DUTY TO PROTECT FROM ACTS OBSTRUCTING THE ADMINISTRATION OF JUSTICE 32. A bar complaint is pending against The O'Boyle Law Firm, as disclosed in the attached lawsuit filed by that firm. (Exhibit H). In many instances, the Bar will not assert 8 LAW 01°FICEs of SwwrAPPLE, BROhKER & VA;LKAs, P.L. 20 S.E. 3R0 STRF.EF, BOCA LUTON, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CA017717X-vMMBAG; Palm Beach County jurisdiction over alleged violations of the Rules Regulating the Florida Bar concerning litigtation until litigation is concluded, deferring to the trial court. 33. As noted by the Florida Supreme Court, "a trial judge has the inherent power to do those things necessary to enforce its orders, to conduct its business in a proper manner, and to protect the court from acts obstructing the administration of justice, Levin, Middlebrooks. Mabie. Thomas Mayes & Mitchell P.A. v U S Fire Ins Co 639 So. 2d 606, 608-09 (Fla. 1994). 34. Pursuant to Rule 3-3.5, the Circuit Court has concurrent jurisdiction with the Florida Bar to propose discipline and enforce the rules of the Florida Bar. This rule is applicable here, as the alleged misconduct is occurring in ongoing litigation before the courts. 35. "The forum first asserting jurisdiction in a disciplinary matter shall retain the same to the exclusion of the other until the final determination of the cause." Upon information and belief, the Florida Bar has not yet asserted jurisdiction over the complaint. Thus, this Court has jurisdiction to deal with The O'Boyle Law Firm's Illegal Fee Agreement and related misconduct. 36. Pursuant to Rule 3-7.1(c), circuit court proceedings under Rule 3-3.5 are public information. 37. Pursuant to Rule 3-7.8, Procedure Before a Circuit Court, (a) Filing of Motion. Whenever it shall be made known to any of the judges of the district courts of appeal or any judge of a circuit court or a county court in this state that a member of The Florida Bar practicing in any of the courts of the district or ,judicial circuit or county has been guilty of any unprofessional act as defined by these rules, such judge may direct the state att_o_mev for the circuit in which the alleged offense occurred to make in writing a motion in the name of the Slate of Florida to disciuline such attorney setting forth in the motion the 9 LAW OFRCLs or SWEF.TAPPLE, BROEKER & VARKAs, F.L. 20 S.& 3FO STREET, 130CA RATON, FLORIDA 33432 Christopher O'Hare v. Town of GulfStream Case No.:502013CA017717XXXXMBAG; Palm Beach County aarticular act or acts of conduct for which the attorney sought to be disciulined. (b) Copy Served Upon Respondent. Upon the filing of a motion in circuit court to discipline an attorney, a copy thereof shall be served upon the respondent attorney, and the respondent shall, within 20 days after the service thereof, file an answer thereto. A copy of such motion shall be filed with the executive director of The Florida Bar at the time of service upon the respondent. (c) Trial Before a Circuit Judge. Upon the filing of the answer, the chief judge of the judicial circuit in which the alleged offense occurred shall designate a judge other than the judge who directed the filing of the motion to try said cause. Such judge shall conduct a hearing thereon and shall hear the evidence to be offered by the State of Florida and the respondent. A representative or representatives of The Florida Bar, appointed by the board, shall have the right to be present and to observe the proceedings. Upon the conclusion of the hearing, the judge shall enter such judgment of dismissal, reprimand, probation, suspension, or disbarment as shall be appropriate to the circumstances. The parties shall be entitled to compulsory process to force the attendance of any witnesses. (d) Judgment Filed in Supreme Court of Florida. If the judgment be one of public reprimand, probation, suspension, or disbarment, 3 certified copies of the same shall be forthwith filed by the clerk of the trial court with the clerk of the Supreme Court of Florida. The clerk of the Supreme Court of Florida shall retain one copy for the court's records, deliver to the executive director of The Florida Bar one copy of the judgment for The Florida Bar's official records, and shall forthwith serve the third copy upon the respondent. (e) Petition for Appellate Review. The respondent may appeal from a judgment entered by a circuit court. Such appeal shall be made in the manner provided by rule 3-7.7. (f) Duty to Expedite Proceedings. It shall be the duty of the state attorney who is directed to file said motion to file the same promptly and to dispose of said controversy expeditiously. (g) Readmission or Reinstatement. Readmission or IO LAw OFFIcEs of SwEETAPPLE, BROEKER & VARKAS, P.L. 20 S.B. 3R0 STREET, Boca RATON, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CA017717XXXXMBAG; Palm Beach County reinstatement of attorneys disbarred or suspended by proceedings in circuit courts shall be governed as elsewhere provided in these rules. (h) Reporting Misconduct to The Florida Bar. Nothing herein shall be construed to discourage or restrict the right and responsibility of a judge to refer to The Florida Bar the conduct of its members, which in the opinion of the judge, warrants investigation to determine if a violation of the Rules of Professional Conduct has occurred. (emphasis added). 38. The above described misconduct by The O'Boyle Law Firm and members of that firm is ongoing, violates Florida public policy, and creates the risk of immediate harm to the public, government entities, and related private contractors throughout the state of Florida. It threatens and burdens the entire court system. The O'Boyle Law Firm has now filed hundreds of public records cases where it is attempting to set up "gotcha" and bogus public records claims in an effort to generate income in excess of any earned attorneys' fees. By doing so, The O'Boyle Law Firm appears to be violating Rules 3-3.5, 3-7.8, 3- 7.12(c), 4-1.5, 4-1.5(a), 4-4.1, and 4-5.4 of the Rules Regulating the Florida Bar. IV. PLAINTIFF ALMOST CERTAINLY SIGNED THE ILLEGAL FEE AGREEMENT FOR ALL PUBLIC RECORDS REPRESENTATION 39. The Illegal Fee Agreement of The O'Boyle Law Firm is part of a scam to generate illicit income to be split between the O'Boyle Law Firm and its "clients." 40. Law firms generally use substantially similar fee agreements in all cases, and therefore it is likely that The O'Boyle Law Firm was also using the Illegal Fee Agreement in attempting to profit off the Public Records Act. 11 LAW Omc--s OF SR'EETAPPLE, BROEKER & VMKAS, P.L. 20S.E.3° STF=-- BOCA RAMN, FLORIDA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:5020 I 3CA0 17717XXXXMBAG; Palm Beach County 41. Thus, this Court should compel Plaintiff to respond fully to request #5 in the Town's Request for Production for in camera inspection. 42. As of the filing of this motion, Plaintiff has objected to this request. 43. The Town filed a similar motion in the case of Martin O'Boyle v. Town of Gulf Stream, case no. 2014CA004474. The Court entered an order dated October 14, 2015 on that motion requiring Plaintiff Martin O'Boyle to submit to the court for in camera review the fee agreements for public records litigation of Martin E. O'Boyle and any companies in which Martin E. O'Boyle had an ownership interest for the period of February 1, 2014 through January 31, 2015. Curiously, after objecting to producing any such documents, Mr. O'Boyle's counsel advised that there are no such agreements. It is highly unlikely that Mr. O'Hare, who is represented by The O'Boyle Firm, is represented without fee agreements. However, in the event an order compelling in camera inspection is granted and met with the same response after interposing objections to production, the Town requests that an independent commissioner be appointed to conduct an examination of the server of The O'Boyle Law Firm to search and find any and all fee agreements of the O'Boyle Law Firm and Plaintiff, Christopher O'Hare, or any other plaintiffs it has represented in the Fifteenth Judicial Circuit. WHEREFORE, Defendant, TOWN OF GULF STREAM, prays this Court compel Plaintiff to immediately respond to request 95 of the Town's Request for Production and produce a copy for in camera inspection of any and all fee agreements signed by Plaintiff with the O'Boyle Law Firm regarding representation of Plaintiff concerning any public records litigation in the Fifteenth Judicial Circuit of Florida. 12 LAW OFFICES OF S WEETAPPLE, BROEKER & VARKAS, P.L. 20 S.E. 3P0 SrREET, BOCA PLATON, FLoR1DA 33432 Christopher O'Hare v. Town of Gulf Stream Case No.:502013CA017717XXXXMBAG; Palm Beach County Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS,PL Co -Counsel for Defendants 20 S.E. 3rd Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: /S/Robert A. Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 296988 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E -Filing Portal this 12' day of November, 2015 to: Mark J. Hanna, Esquire, GMM/Madison, PA, 201 South County Road, #3272, Palm Beach, Florida 33480 (mhanna@g3mlaw.com; eservice@g3mlaw.com); Joanne M. O'Connor, Esquire, John C. Randolph, Esquire and Kelly A. Gardner, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402-3475 (joconnor@jonesfoster.com jrandolph@jonesfoster.com; kgardner@jonesfoster.com); Louis L. Roeder, Esquire, 7414 Sparkling Lane Road, Orlando, Florida 32819 (eservice20l5@gmail.com; lou@louroeder.com); Elaine Johnson James, Esquire, Berger Singennan, LLP, One Town Center Road, Suite 301, Boca Raton, Florida 33486 (ej ames@bergersingerman. com). By: /S/Robert A. Sweetaoole ROBERTA. SWEETAPPLE Florida Bar No. 296988 13 LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. 26 S.E. 30 STREET, BOCA RATON, FLORIDA 33432 Filing q 21156674 Electronically Filed 12102/2014 06:1315 PM IN THE CIRCUIT COURT OF THE 15m JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CHRISTOPHER F. OWARE, CASE NO.:502013CA017717XXXXMBAA Plaintiff, V. TOWN OF GULF STREAM, Defendant. Defendant, TOWN OF GULF STREAM,, in accordance with Rule 1.350 of the Florida Rules of Civil Procedure, hereby requests that Plaintiff, CHRISTOPHER F. O'HARE, produce to Defense Counsel, within thirty (30) days from the date of process of service, at the office of SWEETAPPLE, BROEKER & VARKAS, 20 SE 3ao Street, Boca Raton, Florida, the following: DEFINITIONS AND INSTRUCTIONS DEFINITIONS 1. The term "You", "Your" or "Plaintiff' refers to Plaintiff, CHRISTOPHER F. O'HARE, including any other person or entity acting or purporting to act on Plaintiffs behalf or under his control. 2. The term "Defendant" refers to the TOWN OF GULF STREAM, including any other person or entity acting or purporting to act on Defendant's behalf or under its control. 3. The term "Defense Counsel," refers to ROBERT A. SWEETAPPLE, ESQUIRE, SWEETAPPLE, BROEKER & VARKAS, P.L., JOANNE O'CONNOR, ESQUIRE, OR JONES FOSTER JOHNSTON and STUBBS, P.A., Defense Counsel for Defendant, TOWN OF GULF STREAM, including any other person or entity acting or purporting to act on Defendant's behalf or under its control. 4. The term "person" means any natural individual in any capacity whatsoever or any entity or organization, including divisions, departments, and other units herein, and shall include, but not be limited to, public or private corporations, partnerships, joint ventures, voluntary or unincorporated associations, organizations, proprietorships, trusts, estates, governmental agencies, commissions, bureaus, or departments, and the agents, servants, and employees of Exhibit A CASE same. v. Town of Gulf Stream 5. The term "document(s)" or "writing(s)" means any medium upon which intelligence or information can be recorded or retrieved and includes, without limitation, the original and each copy, regardless of origin and location, of any book, pamphlet, articles, publication, brochure, manual, periodical, letter, correspondence, journal, memorandum (including any memorandum or report of a meeting or conversation), e-mail, invoice, bill, order form, receipt, voucher, check, financial statement, accounting entry, instruction, schedule, shop order, diary, calendar, telex, telegram, cable, report, record, minutes, notice, contract, agreement, study, work paper, handwritten note, draft, demand, chart, paper, print, laboratory record, drawing sketch, diagram, form, graph, index, list, tape, photograph, microfilm, data sheet, data processing card, or any other written, recorded, transcribed, punched, tapes filmed, or graphic matter, however produced and reproduced, that is in your possession, custody or control. 6. Tbeterm `representative" means any and all"agefits-employees, servants, officers, directors, attorneys, or other persuns acting or purporting to act on behalf of the person in question. 7. "Related to" shall mean directly or indirectly, refer to, reflect, describe, pertain to, arise out of or in connection with, or in any way legally, logically, or factually be connected with the matter discussed 8. The words "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring within the scope hereof any responses to interrogatories, documents, or communications, which might otherwise be construed to be outside the scope hereof. 9. The term "evidencing" means having a tendency to show, prove or disprove. 10. With respect to documents, the term "identify" means: (i) state the author thereof and the parties thereto; (ii) state its title or other identifying data; (iii) state the date of the document or if not dated, state the exact nature and substance thereof; (iv) identify each person having possession , care, custody or control of the original and copies thereof; and (v) if such documents was, but no longer is in your possession or subject to your control, state what disposition was made of it. 11. With respect to "persons", the team "identify" means: (i) state the name of the person (as person is defined in Definition T"; (if) state the person's business address; (iii) state the person's residence address; (iv) state the person's business telephone number, and (v) state the person's residential telephone number. 12. "Including" shall mean including, but not limited to. LAW OFTICFS or SWELrAPPLF, Baoaxm & VAW.Aa, Pt 20 SE 3'm STREET, BocA RAToy, FwamA33432 Christopher F. O'Hare v. Town of Gulf Stream CASE NO.501013CA017717XXXXMBAA; (PALM BEACH COUNTY) rNSTRUCTIONS Pursuant to the Federal Rules of Civil Procedure, you are required to produce all of the requested documents in your possession, custody or control. Control will be found if party has a practical ability to obtain the documents. See Zervos v. Sam Houston, 79 F.R. 593 (S.D.N.Y. 1980) (requiring party to request Swiss bank to furnish him with relevant records). As long as you have a legal right to the documents, you are required to produce them even though you may not have a copy of the documents in your possession. Spee Soto v. City of Concord. 162 F.R.D. 603 (N.D. Cal. 1995); see also Herbst v. Able. 63 F.R.D. 135 (S.D.N.Y. 1972) (requiring defendant to obtain and produce transcript of former employee's testimony). Please be advised that the law is settled with respect to the measures you should take to obtain documents that may not be in your immediate possession but are certainly under your control. Where a claim of privilege is asserted in objecting to any interrogatory or document demand, or sub -part thereof, and an answer is not provided on the basis of such assertion: (1) the attorney asserting the privilege shall in the objection to the interrogatory or document demand, or sub -part thereof, identify the nature of the privilege (including work product) which is being claimed, and if the privilege is being asserted in connection with the claim or defense governed by a rule or statute, indicate the appropriate rule or statute being invoked; and (ii) the following information shall be provided in the objection in a manner that would not cause a divulgence of the allegedly privileged information. For documents (1) type ofdocuments; (2) the general subject matter of the document; (3) the date of the document; (4) such other information as is sufficient to identify the document for a subpoena duces tecum, including, where appropriate, the author of the document, the addressee ofthe document and, where not apparent, the relationship of the author and addressee of the document. TIG Insurance Corporation of America Y. Johnson, 799 So.2d 339 (Fla. 4a' DCA 2001); Florida Rule of Civil Procedure 1.280(b)(5). DOCUMENTS TO BE PRODUCED If any Request for Production is objected to on the grounds of privilege or otherwise: (a) set forth fully each objection, stating the facts upon which you rely as the basis for the objection; (b) if you claim that any document requested is subject to privilege, please provide all documents responsive to the Request to the extent not privileged and with respect to any document to which you claim a privilege attaches, please provide (i) the date of the document; (ii) the scrivener of the document; (iii) the recipient of the document; and (iv) briefly state the facts which provide a basis for the privilege claimed. LAw OFnCF5 OFSWMAPPLE, BRnaKER & VARKAS, P.L 20 SE 3" STREET, BOG RATON, FLORIDA 33432 Christopher F. O'Hare v, Town of Gulf Stream CASE NO.502013CA017717XXXXMBAA; (PALM BEACH COUNTY) 1. For the time period of January 1, 2011 to the present, any and all public records requests which you have sent to the Town of Gulf Stream, Florida personally or through any alter egos, fictitious names or entities through whom you act or have been affiliated. 2. Copies of any and all responses received from the above -referenced public records requests. 3. Any and all records regarding any public records requests you have made but where you have failed to pick-up the responsive records to. 4. Any and all written communications with any third party regarding any request for public records you or any entity in which you are affiliated or any alter egos have filed with the'rown of Gulf Stream. 5. Any attorneys' fee agreements, billing records and records of payment of attorneys' fees and costs regarding any legal matter with the Town of Gulf Stream where you are seeking any award of attorneys' fees and costs. Respectfully submitted, SWEETAPPLE, BROEKER & VARKAS, PL Co -Counsel for Defendants 20 S.E. 3'a Street Boca Raton, Florida 33432 Telephone: (561) 392-1230 E-Mail:pleadings@sweetapplelaw.com By: /S/ Robert A. Sweetapple ROBERT A. SWEETAPPLE Florida Bar No. 0296988 LAw OrncEs OF S;v=APPt.E, BROEKER & VARKAS, P.L 20 SE 3° STREET, BOCA RATON, FLORIDA 33432 Christopher F. O'Hare Y. Town of Gulf Stream CASE NO.502013CA017717XXXXMBAA; (PALM BEACH COUNTY) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the E -Filing Portal this 2nd day of December, 2014 to: Mark J. Hanna, Esquire, GMM/Madison, PA, 201 South County Road, 43272, Palm Beach, Florida 33480 (mhanna@g3mlaw.com; eservice@g3mlaw.com); Joanne M. O'Connor, Esquire, John C. Randolph, Esquire and Kelly A. Gardner, Esquire, Jones, Foster, Johnston & Stubbs, P.A., 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33402-3475(oconnor@jonesfoster.comjrandolph@jonesfoster.com; kgardner@jonesfoster. com). _ By: -/S/ Robert A Sweetaimle ROBERT A. SWEETAPPLE Florida Bar No. 0296988 LAW OFFICES OFSWEETAPPLE, BROMM & VARKAS, P.L. 20 SE 3"STREET, BOCARATON. FWRmA 33432 5 AFFEDAVIT OF JOEL EDWARD CHANDLER BEFORE ME, the undersigned authority, personally appeared JOEL CHANDLER, who after being duly sworn, deposes and says that: L My name is JOEL CHANDLER, 2. Tam over eighteen (18) years of age. 3. I am a resident of Polk County, Florida, 4. I have personal knowledge of every assertion made in this affidavit. 5. Citizens Awareness Foundation, Inc., (herein "CAFI"), was formed as a Florida not-for-profit corporation by Martin O'Boyle in concert with his son, Jonathan O'Boyle. 6. Jonathan O'Boyle is an attorney admitted in Pennsylvania and New Jersey, but not admitted to practice in Florida. 7. In January 2014,1 was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, be said, intended to promote open government, That not-for-profit cotporatlon was created at Martin O'Boyle's direction and became known as the "Citizens Awtutness Foundation, Inc" or"CAFC' S. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAPI, we explicitly agreed that CAM would have an independent Board of Directors; that the Board of Directors would be entirely free from the influence of Martin O'Boyle or the O'Boyle Low Firm; that I would have absolute and sale discretion regarding the commencement and resolution of open government litigation on behalf of CAFI, and; subject only to the independent Board of Directors, I would have the authority to select and retain law firms for the purpose of engaging in open government litigation. Exhibit B 4. During January or Febwary of 2014, I participated in a telephone conversation with Martin O'Boyle and Robert "Bob" Tweel, a tax attorney from West Virginia. Martin O'Boyle and I discussed with Mr. Tweel the absolute necessity that CAFI be a legitimate not -for -prof it entity. This included, but was not limited to, the requirement that CAFI use a variety of law firms to represent it so as to avoid the appearance of self-dealing. 10. Martin O'Boyle indicated to Mr. Tweet and to me that he was going to loan all necessary monies to fund CAFI and, after 501(e)(3) status was acquired, write off as a charitable donation all of the monies he had loaned to CAFI. After leaving this meeting I was particularly encouraged that Martin O'Boyle was genuine in his interest to establish a bona fide not-for-profit entity of which I would serve as the Executive Director and that CAFI would afford me the opportunity to more effectively continue my work as a civil rights activist and advocate for open government. 11. Martin O'Boyle appointed Brenda Russell, William Ring and Denise DeMartini to the CAFI Board. 12. Brenda Russell is Martin O'Boyle's long time secretary. She was never present for meetings. In fact, no formal meetings of the Board were ever called or held. For it brief time, Brenda Russell collected my travel and business receipts, all of which were subject to the approval of Martin O'Boyle. I3. William Ring is Martin O'Boyle's longtime business associate and corporate attorney. 14. Denise DeMartini is the long-time employee of Martin O'Boyle or entities that he controls. 15. All of my negotiations for employment by CAFI were with Martin O'Boyle. At no time did I engage in any negotiations regarding the details of my employment, including my compensations, with anyone other than Martin O'Boyle. 16. At Martin O'Boyle's direction I drafted and signed a proposed memorandum of understanding regarding my employment by CAFI. I have never received a copy of the proposed memorandum of understanding signed or approved by the board of CAR. 17. I served as the Executive Director of CAF! for approximately frve (5) months, through the end of June 2014. 18.1 resigned because of repeated instances of conduct perpetuated by Martin O'Boyle, Jonathan O'Boyle, William Ring, Denise Dchfarft end some of the attorneys at the O'Boyle Law Firm, P.C., Inc., (herein the "O'Boyle Law Firm'D, as set forth herein, which I believe may be criminal, fraudulent and unethical, 19. My relationship with the O'Boyle Law Firm was not limited to my capacity as the Executive Director of CAFI. As the Individual plaintiff in several open government lawsuits, I had retained the O'Boyle Law Firm as my personal legal counsel. 20. My communications with the attorneys of the O'Boyle Law Firm, including Jonathan O'Boyle, affected both CAR and me, as an individual client. 21. Martin O'Boyle and Jonathan O'Boyle told me that Martin O'Boyle was funding the O'Boyle Law Firm, 22. Martin O'Boyle told me that he was also funding CAFI. 23. The Martin O'Boyle business entities, including Commerce Group, Inc., CAFI, and the O'Boyle Law Firm operated from the same physical location and were controlled by Martin O'Boyle. 24. Despite assurances that CAR would be independent and not -far -profit, Martin O'Boyle and the O'Boyle Law Firm used CAFI for the sole purpose of generating attorney's fees for the O'Boyle Law Firm. 25. Throughout my tenure with CAFI, I repeatedly demanded that lawsuits not be filed or settled without my direct authorization. 26. In spite of Martin O'Boyle's initial assurances to the contrary, I was not permitted to retain legal counsel on behalf of CAFI, other than the O'Boyle Law Firm. William Ring, CAPI's President and Martin O'Boyle's proxy, communicated this to me. 27. On numerous occasions, I learned that the O'Boyle Law Firm, on behalf of CAFI, had filed lawsuits, without my knowledge of authorization. 28. The O'Boyle Law Firm routinely settled cases without written fee agreements, contingency agreements or closing statements. No accountings of the monies received were provided to me despite my repeated requests for that documentation. 29. Repeatedly, I advised Martin O'Boyle, William Ring and Jonathan O'Boyle that my other personal attorneys had advised it was a serious Bar violation to disburse settlement funds without client approval or closing statements, 30. Despite my protests, the O'Boyle Law Firm continued to file and settle lawsuits on behalf of CAFI and to collect and keep settlement payments. At no time was I ever presented with any form of accounting for legal fees or the disbursement of settlement payments. 31. During the O'Boyle Law Firm's representation of CAFI and me, I was personally present, or present by telephone, at numerous O'Boyle Law Firm meetings. Denise DeMartini, Martin O'Boyle's executive assistant and Director of CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending cases were discussed. These discussions included the details of cases to which neither CAFI nor I were parties. Denise DeMartini is not a member of the Florida Bar. 32. It became commonplace for Martin O'Boyle to express his opinions and to offer his advice with respect to litigation strategies and on the conduct of CAR lawsuits as well as the cases ofother firm clients. Jonathan O'Boyle actively participated in these discussions and, in my presence, directed the work of O'Boyle Low Firm attorneys and made litigation decisions. 33. During the course of my employment l learned that Martin O'Boyle directed his secretary to file in excess of 100 public records requests to the Town of gulf Stream, under the pretense that these were being filed on behalf of CAR. He also ordered that lawsuits be filed by CAFI against the Town of Gulf Stream. This was done without my authority and litigation was filed over my objection. 34. When I complained about the fact that Martin and Jonathan O'Boyle were not honoring the commitment that I would have sole authority to make public records requests and conduct lidgadon, I was told by William Ring that this was "the way Big Daddy wants it", i.e., Martin O'Boyle. Otherwise, "Big Daddy will turn-off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bar but would be become a member within days. During the five months that I worked with CAR, Jonathan O'Boyle worked full-time at the O'Boyle Law Firm providing legal advice, directing the administration of cases, and assuming responsibility for cases. 36. The O'Boyle Law Firm and Jonathan O'Boyle prosecuted and filed some cases without my permission and settled some cases without my knowledge or consent. 37. No retainer agreements were ever entered into with me on behalf of CAFL No contingency agreements were entered into with me on behalf of CAFI. No closing statements were ever presented to me and it appears that all monies that were solicited from defendants were paid directly to the O'Boyle Law Firm. 38. Martin O'Boyle, through his entities, funded all of the filing fees and expenses of CAM as well as the expenses of the O'Boyle Law Firm. CAFI has now filed scores, if not hundreds, of cases against state and local agencies throughout Florida as well as various state contractors. 39. The employees p oyees of an of Martin O'Boyle's entities, including The Commerce Group, Inc., CAFI and the O'Boyle Law Firm were shared. Denise DeMartini and William Ring worked for Martin O'Boyle, CAFI and the O'Boyle Law Firm, 40. Although Martin O'Boyle named Denise DeMartini a director of CAFI, she also directed the operations of the O'Boyle Law Firm and conducted law firm meetings. 41. Denise DeMartini repeatedly stated that CAFI was required to file at least one hundred lawsuits a month; that all lawsuits had to be directed to the O'Boyle Law Firm for prosecution, and; that as my direct supervisor, she would evaluate my performance based upon my ability to deliver a minimum of twenty-five case per week to the O'Boyle Law Firm. 42. Through William Ring, Martin O'Boyle insisted that the O'Boyle Law Firm handle all litigation. 43. Martin O'Boyle told me he had unlimited money to pay filing fees for CAFI cases and I was to file as many cases as possible. 44. When I asked Martin O'Boyle to quantify how many cases he was willing to £mance he said it was virtually unlimited. When I again tried to clarify by asking him if he was willing to finance three thousand (3,000) cases in a single year, he said "sure." 45. When I learned it was the policy and practice of the O'Boyle Law Firm to demand settlement of cases against government entities and state contractors for attomey's fees in excess of the fees actually earned 1 was livid. In fact, I confronted William Ring, Denise DeMartini and Jonathan O'Boyle in May of 2014 and stated in unequivocal terms that I would resign if it didn't stop. 46. In one telephone conversation with Jonathan O'Boyle I warned him at least six times that I was going to resign and that I objected to Denise DeMartini's demands that I produce 100 cases per month, her control of the O'Boyle Law Firm and the windfall scheme of collecting more monies in attorney's fees from defendants, than had actually been earned. 47. Despite these complaints, William Ring, Denise DeMartini and Jonathan O'Boyle told members of the firm that I had authorized the windfall scheme. When I learned of this I confronted those involved. Nick Taylor, Esquire confirmed that despite my objection, the windfall scheme would continue as firm policy. Shortly thereafter, I announced my resignation, 48. Ryan Witmer and Giovanni Mesa announced they were also going to resign. 49, William Ring announced he was going to become a member of the O'Boyle Law Firm at about that time. 50. After I resigned, Martin O'Boyle contacted me by telephone and demanded that 1 withdraw an email I had sent to Nick Taylor regarding Jonathan O'Boyle's unlicensed practice of law and Jonathan O'Boyle's authorship of the windfall scheme. During that call, which was my lest conversation with Martin O'Boyle, he repeatedly threatened to bring great "unpleasantness" to my life if i failed to renounce my email to Nick Taylor. 51. Thereafter, Martin O'Boyle repeatedly attempted to contact me by telephone and email seeking my assistance to facilitate CAFI in filing additional lawsuits. 52. After resigning from CAFI I sent an email to numerous newspaper and television news reporters announcing my resignation. I copied that announcement to dozens of individuals, including Robert Sweempple, Esquire, to notify them of my disassociation and disapproval of the O'Boyles and their activities. 53. Within a few days army resignation from CAN, J granted an interview with exporter from the Lakeland Ledger and provided many of the details contained within this affidavit. 54. Prior to emailing Robert Sweetapple, I had never met him, spoken to him, nor had he or any members of his firm contacted me. 55. Prior to my emailing the law firm of Jones Foster, I had never had any contact with Joanne O'Connor, Esquire, or any member of that law firm. 56. My subsequent contact with Robert Sweetapple and Joanne O'Conner was entirely the result of own initiative. 57. I sent my email to Robert Sweetapple because I knew he represented the Town of Gulf Stream, which I believed was being victimized by Martin O'Boyle and the O'Boyle Law Firm and I was concerned that the conduct of Martin O'BoyIe and the O'Boyle Law Finn might be illegal and fraudulent, 58. 1 believed that I had a duty to make all victims, including the Town of Gulf Stream, aware of what I learned during my association with Martin and Jonathan O'Boyle. For example, Martin O'Boyle's orchestration of more than one hundred public records requests being served upon the Town of Gulf Stream, allegedly under the name of CAFI, but without my authorization; Martin O'Boyle's direction that lawsuits be filed by the O'Boyle Law Firm in the name of CAFI against the Town of Gulf Stream but without my authorization, and; in spite of my objections, Martin O'Boyle's use of CAFI as a weapon in his personal vendetta against the Town. 59. Prior to contacting Robert Sweetapple to make him aware of my concerns regarding Martin and Jonathan O'Boylo's conduct, I met with numerous private attorneys. As a result of those meetings I concluded that I had a duty to disassociate myself from the O'Boyles and to make full disclosure of any illegal and fraudulent activities. I have also contacted numerous other victims and their attorneys to advise them of the conduct of the O'Boyles and to provide than with evidence of such conduct. 60. Before speaking with Robert Sweetapple on the phone I spoke with Joanne O'Connor by telephone and made her aware of the misconduct. 61. I then provided to Robert Sweetapple evidence of what I believe may be fraudulent and criminal conduct as well as a detailed chronology of events. 62. Thereafter, I spoke with Robert Sweetapple and gave him petmission to meet with me and to take a voluntary sworn video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. 63. At all times Robert Sweetapple made me aware of the application of the lawyer -client privilege, both as it pertained to CAFI and to me personally, i determined, based upon independent legal advice, that I was fully permitted and had a duty to disclose what I believe to be the criminal and fraudulent conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm. I also voluntarily waived privileged matters that arose from the joint representation by the O'Boyle Law Firm. 64. In spite of the many contrary assurances made by Martin O'Boyle to me, including the exercise of my independent judgment and meaningful economic resources to be used to promote the public's right to access government records and meeting, in reality CAFI's sole purpose is to serve as an exclusive in-house mechanism whereby the O'Boyle Law Firm can generate legal fees by filing hundreds of open government lawsuits. 65. The egregiousness of the scheme was exacerbated by the O'Boyle Law Firm's policy of demanding excessive and unearned legal fees from defendants as a condition of settlement. 66, Simply put, CAM is a profit -generating scheme funded by Martin O'Boyle to produce fees for his son's legal practice. 67. Allegations that Joanne O'Conner, Robert Sweetapple or their firms purposely solicited and obtained confidential information tom me is false. The allegation that this was done to gain an unfair advantage in litigation is further false. 68. The information that I provided to Robert Sweetappic and Joanne O'Connor was not intended to provide an unfair advantage to the Town of Gulf Stream, but to make the Town and all other victims aware of what I believe to be the fraudulent, criminal and professionally unethical conduct of Martin O'Boyle, Jonathan O'Boyle, CAFI and the O'Boyle Law Firm, 69. Robert Sweetapple and Joanne O'Connor did not solicit privileged information from me. I voluntarily contacted them and made my own determination, after meetings with 10 independent counsel, as to what information and documents to provide to victims. 70. My sole motivation for contacting the media, victims and their attorneys, proving evidence, inviting the taking of my sworn statements and authoring this affidavit is to Protect the essential civil right of all Floridians to know what their government is doing in their name and at their expense. It is my considered opinion that the unconscionable conduct of Martin O'Boyle, Jonathan O'Boyle, CAM and the O'Boyle Law Firm serves as an example of the abuse of our legal system and wilt be used by opponents of open government as an excuse to limit the public's right to know. FURTHER AFFIANT SAVE, TH NAUGH , JO ANDLER SWORN TO AND SUBSCRIBED before me this�7 day of October, 2014. 21,Nt AMBER COLSON KELLY Notsty Pubirc• Sttfo of Fjoddi 9My Comm. EWMsy 01, 2015 /.j,bM Commission p F£ 166009 Personally known Produced identification rr�� Identification produced: V� My Commissions Expires: n '31x0 Is Page 1 (Pages 1-4) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Exhibit C Page 1 Page 3 n 2 IN THT CreetT MUST, IV(n,17 .amicus cnrnrr, IN AND FOR i TABLE OF CONTENTS rXVx:, tavvrr, vcoxrok. 3 vsa 4m.: 2014-M-002139 2 PAGE 3 JEFFREY MARCUS GRAY 4 5 4 a aePTRRY T)Hr, 5 Direct Examination 4 7 nlarneate, 6 by Mr. Wells 7 --- a 9 PTAcrroa. Aaomic cmatAM aeUCKTIO4 Cannot FOR GIFt.91 INC., 8 EXHIBITS 9 to aeQndme. 10 Defendant's Exhibit No. 1 - Complaint 100 11 11 Defendant's Exhibit No. 2 - Ccrt of Ins. 101 12 12 Defendant's Exhibit A - Settlement Offer 103 u 0a0osITIm or osPrReT aaacos MY 13 --- 14 Taken on Rebate of W eaferA., 14 CERTIFIED QUESTIONS IS GATT TAK3N, A."t e, 2014 15 16 T'IMa, 2100 M - 4145 IN 16 Certified Question No. 1 19 -.17 (MAIM. ..� tom. a.A.....__...._._.... 17 Certified Question No.2 31 rte s:t eatii: ariori& 322ai100 i8 Certified Question No. 3 44 19 19 --- 20 21a - e wr atII. or rte taken haeosa: 21 22 erne - ariveibaeg. Court TaPerGar 22 D 23 u 24 v 25 Page 2 Page a I 2 APPEARANCES 1 JEFFREY MARCUS OKAY 3 2 having been produced and first duly sworn as a witness 4 NlCx 7AYWREBQtmtE 3 on behalf of the Defendant herein, Was examined and 7HEO'BOYLELAWFBIM,P.0 4 testified as follows: 5 1286 Wev Newport Cmter Drive 5 DIRECT EXAMINATION 6 Oeodidd Back Florida 33442 6 BY MR WELLS: Appearioe an wnlrOrPlaiava 7 Q Mr. Gray, would you give us the boefit of 7 g 8 your full name, please? 9 9 A My Poll name is Jeffry Maters Gray. 10 S. GRIER wF'rc. l;aQtIIRE IU Y spell Q And how do you Il Marcus? GRAYROBINSON. PA 11 A M -a -r- u -s. 11 50 North Uteri Bate, Suite 1180 12 Q Okay. And Jeffrey y flicy is l -T -f -f -c -try? 12 1-, vise, ftida 32202 13 A Collect Appearing on behalforncom tur 14 Q Grey, G -r -e -y7 13 14 15 A G -r -a -y. ALSO PRESENT: 16 Q Have you ever given a deposition befom7 15 Ais. ldaryMaa 17 A No. 16 16 Q I'm sate you've had an opportunity to talk 17 --- 19 with Mr. Taylor, but I'm going to give you some i8 20 instructions that may help us save coma time today. 19 21 Pll be asking you a number of questions related to 21 22 the lawsuit you filed and some other things. Unless 22 23 your attumey inamucts you not to aasWrr, you should 23 24 24 answer all the questions. He may object from time to 25 25 time. But, again, unless he instructs you net to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Exhibit C Page 5 1 answer, you should answer all the questions. If you 2 would, let me finish asking my questions before you 3 begin your answer and IT try to let you finish your 4 answer before I begin my next question. 5 A Understood. 6 Q Givc a verbal response to my questions as 7 opposed Worlds or shakes of the head or huh-uhs and 8 uh-huhs. Those an kind afford for the court 9 reporter to imerpnt, so yes, no or some other type 10 Of verbal answer. II A Understood. 12 Q If st eery time you need m take a break, let 13 me, krurv. This is not an =it== contest and 14 generally I'll probably take a bmak-on the hour. And 15 well tryto go roughly an hour and take a break and 16 than mcanvenc. 17 -A Okay, I6 Q Ifyou don't know the answerto a question, 19 Obviously say you don't know. Ian not asking for 20 speculation. Then may be occasions when you may say, 21 f don't know, and I may ask you lir your guess or 22 something, but it's unlikely in the context of this 23 case. All right? 24 A Undemood. 25 Q I know that you met briefly, just a few Page 6 I minutes ago, with Mr. Taylor. Other than that 2 meeting, have you done anything else to prepare for 3 this deposition? 4 A Other than just phone Calls with Mr. Taylor, 5 no. 6 Q Okay. Did you review any documents? 7 A No. I reviewed s video, a video of his. a Q YOU reviewed a video. What video did you 9 review? 10 A I reviewed a video where f submitted the I I public records request to PACE. 12 Q Mr. Taylor has provided me with a video. I 13 have not realty looked at it. So I may ask you from 14 time to time questions about that video. Other than 15 that video, am them any other materials that you 16 reviewed? 17 A Other then that video, no. 18 Q Did you review the complaint in this case? 19 A I Imtieve lAn Taylor sent me an emel and 1 20 made a quick review of that 21 Q When would that have been? 22 A Are you speaking of the complaint; are you 23 talldng about the complaint that was made against 24 PACE; is Unit what you're speaking or? 25 Q ren refiring about the lawsuit that was filed Page 2 (Pages 5-8) Page 7 1 against PACE 2 A f do not recallreviewing the complaint, no. 3 Q These was a contract anached to the 4 complaint. Did you review that contract, or any other 5 contract in preparation for this deposition? 6 A 1 have reviewed the contract that PACE has 7 with the State, yes. 8 Q What is your understandiag of whO tba 9 contract is with? 10 A I believe the contract is with the 11 Department Of Children and Families. Is that the one 12 that it is? I believe that's the one it is. U Q You'll need to speak up so the court 14 -Porto can hear you. You believe the contract to be 15 with the Department of Chldrm and Family Services? 16 A Yes. 17 Q Oks3r. Yev indicatadyou had some phone -" 18 calla with Mr. Taylor end have reviewed the video — a 19 video -- the video and reviewed the contract with the 20 Department of Children and Family Services 21 A If that's who they had the contract with. 22 lea been a while back. ft's been all the way back 23 since I made the mquest, so it's boeu a long time 24 since I've sem it. 25 Q YA=Va contract them may bey that's the Page a I one you believe yon reviewed? 2 A Yes, yes. 3 Q Man did you review that? 4 A It's been way back whan the request was 5 actually made, before I went in to make the request 6 Q You have not reviewed it sineeyou want in 7 to maim a request? 8 A No, sir. 9 Q Okay. Other than Mr, Taylor, have you 10 spoken m anyone else about this deposition? I I A Have I spoken to anyone else about this 12 deposition? f have spoken to my friend, 13 Thomas Covenant, about this deposition and my wife. 14 Q Thomas who? 15 A Th== Covenant And my wife. Id Q How do you spell his last name? 17 A Covenant, C-o-v<ma-n-t Is Q Just like the covenant Moses had with the 19 children ofImsel? 20 A Yes, sir. 21 Q 1s Mr. Covmant—you said he's ymu 22 friend Is he the one who was with you wheu you want 23 to PACE? 24 A Yes. 25 Q When did you laacpeak with Mr. Covenant? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 9 I A This morning. 2 Q About this deposition? 3 A No. It was not about this deposition. 4 Q Did you and Mr. Covenant have my 5 conversation this morning about this deposition? 6 A Natthatitrcall,no. 7 Q Did you have any conversation this morning e with Mr. Covenant about what occurred when you and 9 Mr. Covenant wee at PACE? 10 A Ibis morning? II Q Yes. 12 A No. 13 Q Whet did you last have any conversation with 14 Mr. Covenant about your activities at PACE? 15 A The last lintel had a conversation with 16 him7 I can't specifically say when, I don'trecall 17 specifically the last time. is Q Are you known by any name other than by 19 Jeffrey Marcus Gray? 20 A Any other Mame? I ant also know as Honor 21 Your Oath. I do have a YouTube channel called Honor 22 Your Oath. Yes. 23 Q rm sony? 24 A Honor Your Oath. 25 Q Butyousaidsomctbinga@erthal Page 3 (Pages 9-12) Page 11 1 A Page 10 1 A AYouTubechstmeL Honor Your Oath. 2 Q Is that a mane ynu use, as like m email 3 address, or Facebook, or a blog site, or anything like 4 that7 6 addresses? 5 A A bldg site. It's a YouTube channel. 6 That's what it is. 7 Q Is that name copyrighted Far you? s A No. 9 Q Any other names that you use? 10 A No. I I Q Do you have an email? 12 A Yes. 13 Q WltaPs your email address? 14 A The email address is tgmy9937Qhotmail.mm. 15 Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G -r -a -y, What does theT stand fart 1s A Teresa- eresa19 19 Q Tbat's your wife's name? 20 A Yes, sir. 21 Q Okay. Do you use any other email addressor 22 my other email site? 23 A There's also tgmy9937©comcast.net. That's 24 my two entails, 25 Q Does your wife also use those mails? Page 3 (Pages 9-12) Page 11 1 A Yes 2 Q Does she use them in any wary in connection 3 with her employment, if she's employed? 4 A No. 5 Q So you both use both of those email 6 addresses? 7 A Yes. 8 Q Am those the only email addresses that you 9 use? 10 A Yes. 11 Q Okay. Do you have a mobile telephone? 12 A Yes, I do. 13 Q What is that number? 14 A The number to the phone? 15 Q Yes. 16. A (904) 608.7960. 17 Q And who is the carrier for that line? is A AT&T. 19 Q Have you bad that mobile phone number for — 20 haw long? 21 A I can't recall how long I've had that. I'm 22 not sure. 23 Q Since all of 2014? 24 A Yes. 25 Q All of 20137 Page 12 I A I can't answer that. Cm not sure, 2 Q Has AT&T been your currier the entire time 3 you've had that particular Atone number? 4 A Yea. 5 Q What is your resident address, I& Oray7 6 A My residence is 1904 Rivcr lag000 Tmce, 7 St. Augustine, Florida 32092. a Q How long have you lived there? 9 A I've lived there afore the beginning of 10 2009. 1 I Q Were you m SC Augustine — the 12 St. Augastine ares prior to moving to the Riverlagoon 13 address? 14 A Yes, I was. 15 Q How long have you been in St, Augustine? I6 A l believc l movM TO St Augustine the end 17 of20M,thebegimdngof2006. ]a Q Whore were you prior to that? 19 A 1 was in Jacksonville. 20 Q How long had you lived in Jacksonville 21 before moving to St Augustine? 22 A I've lived in between Jacksonville and 23 St. Augustine back and forth. Pm not precisely sate 24 what dates and tines Pvc lived in either one, but 25 Pve lived in the St. Augustine am since probably li Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 14 1 employed? 2 A I worked at Wim -Disc as a truck drive 3 from 1995 =612013, 1 believe 1 left Win -Dixie in 4 October of 2013. 5 Q Whydidyoulcave Wien -Dixie? 6 A To pursue ajoumalism activism cane,,. 7 Q Okay. So you've not had — strike that 8 After leaving Winn-Dixie in— you said October of 9 2013- 10 A Approximately, yes. I 1 Q — have you had any type of salaried 12 position Anywhere? 13 A No. 14 Q How long were, you employed by Win•Dixie? 15 A Fmm Apn7 of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that 18 Win -Dixie? 19 A My. immediate supervisor was Clay Tumey. 20 Q T -u -r -n -e -y? 21 A T -u -r -n -ay, Yes, 22 Q Were you employed as a truck driver the 23 entire time f orn'95 to 2013? 24 A 1 was, 25 Q Now wben you say you len to pursue Page 4 (Pages 13-16) Page is I journalism and activism, can yn tell me what you meen 2 by that? 3 A t cm&i"bute m a website caned Photogrnphy 4 Is Not A Crime. 5 Q Called what? 6 A Photography is not a crime. 7 Q Okay, 8 A And activism, basicaily my muin dtivc m my 9 activism is tnrtspaency in govcmmcn4 accountability 10 in government. 11 Q When you say you contribute to PhomgMphy 12 Is Not A Crime, what do you contribute? 13 A I contribute video of news events. 14 Q What type of news cveots7 15 A News events just sniff happening on the 16 steel,vocifimnyevmuwhamponceofn=ane 17 behaving badly. _... .. _.. 18 Q How do you Mme across tbese circumstMees 19 of Police officers behaving badly? 26 A Just youmn—youjuAtgetyourvidM 21 eemera oro and you film them in Action and I just — 22 theyjust behave bad. They don't like to be filmed 23 Q Haw do you know whet to go m fend thorn? 24 A Idon'tknaw. Ijuststmobleanssthaml 25 Q Just random? Page is 1 A Yeah, yeah. ifyou see a cop stop somebody, 2 I document what they do, And sometimes they react 3 negatively to that 4 Q Sometimes they what'1 5 A They react negatively to tba% yeah. 6 Q What kid ofnegativc reaction do the poll= 7 have? 8 A They tell you to tum the camera off and 9 tell you you coal film them, things like that 10 Q Okay. Am those the only types of I I contributions you snake to Phomgnpby Is Not A Crimc7 12 A Yes 13 Q Any othercontributions? 14 A No, no, other than —m, no. 15 Q So all ofyour conmbuims m Photography 16 Is Not A Crime relate to video of police officers 17 behaving badly? 18 A Police officers, public officials, other 19 Public officials; amiust police officers, but public 20 officials in general. 21 Q Whatotha public officials have you filmed 22 behaving badly? 23 A Wbat othapublic o9'xvls have I filmcd7 24 Let ten think about that for a saond Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 1 '92 or'93, just back and froth between the two. 2 Q Okay. Andyour wife is Teresa, is that 3 T -a -r -e -s -a or T -b- — 4 A That's correct: T -e. 5 Q How long have you all been married? 6 A We've been married since 1999, 7 Q So she — 8 A Correct that. We've been married since 9 1998. 10 Q It's a good thing you corrected drat I A We had our fust son in 199. 12 Q And you all have been married the entire 13 time since 1998? 14 A Yes. 15 Q And I think you said you've lived in the 16 Jacksonville/St. Augustine area since 1992. 17 A Approximately, yes. is Q You and your wife am both Georgia natives? 19 A Yes. 20 Q Where in Georgie? 21 A i was born in Atlanta and I believe she was 22 hem in Columbus, Georgia. 23 Q Are you employed? 24 A Pm not employed right now. No. Z5 Q How long has it been since you were Page 14 1 employed? 2 A I worked at Wim -Disc as a truck drive 3 from 1995 =612013, 1 believe 1 left Win -Dixie in 4 October of 2013. 5 Q Whydidyoulcave Wien -Dixie? 6 A To pursue ajoumalism activism cane,,. 7 Q Okay. So you've not had — strike that 8 After leaving Winn-Dixie in— you said October of 9 2013- 10 A Approximately, yes. I 1 Q — have you had any type of salaried 12 position Anywhere? 13 A No. 14 Q How long were, you employed by Win•Dixie? 15 A Fmm Apn7 of'95 until October of 2013, as 16 a truck driver. 17 Q Who was your immediate supervisor at that 18 Win -Dixie? 19 A My. immediate supervisor was Clay Tumey. 20 Q T -u -r -n -e -y? 21 A T -u -r -n -ay, Yes, 22 Q Were you employed as a truck driver the 23 entire time f orn'95 to 2013? 24 A 1 was, 25 Q Now wben you say you len to pursue Page 4 (Pages 13-16) Page is I journalism and activism, can yn tell me what you meen 2 by that? 3 A t cm&i"bute m a website caned Photogrnphy 4 Is Not A Crime. 5 Q Called what? 6 A Photography is not a crime. 7 Q Okay, 8 A And activism, basicaily my muin dtivc m my 9 activism is tnrtspaency in govcmmcn4 accountability 10 in government. 11 Q When you say you contribute to PhomgMphy 12 Is Not A Crime, what do you contribute? 13 A I contribute video of news events. 14 Q What type of news cveots7 15 A News events just sniff happening on the 16 steel,vocifimnyevmuwhamponceofn=ane 17 behaving badly. _... .. _.. 18 Q How do you Mme across tbese circumstMees 19 of Police officers behaving badly? 26 A Just youmn—youjuAtgetyourvidM 21 eemera oro and you film them in Action and I just — 22 theyjust behave bad. They don't like to be filmed 23 Q Haw do you know whet to go m fend thorn? 24 A Idon'tknaw. Ijuststmobleanssthaml 25 Q Just random? Page is 1 A Yeah, yeah. ifyou see a cop stop somebody, 2 I document what they do, And sometimes they react 3 negatively to that 4 Q Sometimes they what'1 5 A They react negatively to tba% yeah. 6 Q What kid ofnegativc reaction do the poll= 7 have? 8 A They tell you to tum the camera off and 9 tell you you coal film them, things like that 10 Q Okay. Am those the only types of I I contributions you snake to Phomgnpby Is Not A Crimc7 12 A Yes 13 Q Any othercontributions? 14 A No, no, other than —m, no. 15 Q So all ofyour conmbuims m Photography 16 Is Not A Crime relate to video of police officers 17 behaving badly? 18 A Police officers, public officials, other 19 Public officials; amiust police officers, but public 20 officials in general. 21 Q Whatotha public officials have you filmed 22 behaving badly? 23 A Wbat othapublic o9'xvls have I filmcd7 24 Let ten think about that for a saond Just public 25 officials. Say when I go to submit a public records Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 27 1 request or something hike that at the mayor's office 2 or — there are so many different situations, the 3 mayor's office, the Sheriffs Office, ditferentpublie 4 agencies Itkc that when I go to submit a public 5 records requesL 6 Q Who are the principals behind Photography is 7 Not A Crime? 8 A The principles? Carlos Millar is the 9 principle. to Q Carlos Miller? I t A Yes, air. 12 Q Is Photography Not A Crime incorporated? 13 A Is Photography Not A Crime incorporated? 14 Pm not sum. You would have to ask Carlos about 15 that- fm not sure if it's incorporated or — 16 Q Where docs Carlos Miller Eve7 17 'A Miami. 18 Q flow did you and Mr. Miller start doing 19 business together? 20 A Mr. Miller end I — I believe he came across 21 one of my videos of a police officer that was telling 22 me that it was illegal to film or something. I can't 23 remember specifically, but it was generally that type 24 of thing. He came across one of my videos where a 25 police office was behaving badly and he published it Page Is 1 to Photography Is Not A Crimp. 2 Q How many contributions have you made to 3 Photngmphy Is Not A Crhne7 4 A I cannot recall how many. f don't know. 5 Q Can you give me a balipuk; are you tanking 6 ten, or a hundred, or a thousand? 7 A An applvximate number, a ballpark number, 15 8 videos, storics, that he has written about 9 Q Do you have an arebive of those videos that 10 you have connibuted to Photography Is Not A Crime? I 1 A I do. 12 Q Do you get paid for these contributions? 13 A No. 14 bIIt TAYLOR Objection. 15 BY MR. WELLS: 16 Q You also indicated that you are involved in 17 activism related to transparency in govern, ..L I is A Correct 19 Q Tell me what you mien by that. 20 A T11115parenry in government, basically what 21 it bails down to is the right to film public officials 22 while they'm performing theirofficial duties; public 23 records access, to be able to access public records, 24 hkc with the public entities, to make sure that they 25 are upholding our right to access public records, our Page 5 (Pages 17-20) page 39 1 right to know. That's the two main things of it 2 (The following question was certifie(L) 3 BY MR WELLS: 4 Q Do you receive any income from either yore 5 journalistic events with Photography Is Not A Crime, 6 or your mission of Transparency In Govemmau? 7 MR TAYLOR: Objection. hrclet2m. 8 BY MR. WELLS: 9 Q You can answer. 10 A Ibehavethatisirrelcvaet. 11 Q Withall due respect, that's not your all, 12 Mr. Gray. 13 MR. TAYLOR: If he feels that it's 14 inclevam, that's his annver. He's certainly 15 free to answer the question. You may not get the 16 answer that you want, but if he feels that's 17 irrelevant— _._. .. 18 MR WELLS: Mr. Taylor, bow many depositions 19 have you been involved in? 20 MR TAYLOR: I think that's irrelevant too. 21 It doesn't matter how naoy r'vo been involved 22 in. 23 MR. WELLS: Certify the question. 24 And be advised that ifthejudge overrules 25 the objection one of you will pay the east of Page 20 1 this deposition. Okny7 2 MR TAYLOR That's not necessarily — the 3 judge makes that determination. Crory am 4 BY MR. WELLS: 5 Q Have you filed income tax r&utns for the 6 last — since 20007 7 A Yes. 8 Q Is your wife employed outside the home? 9 MR TAYLOR Objection. Irrelevant 10 THE WITNESS: I believe that's imdevaut I I I dont see how that has anything to do with the 12 case, 13 BY MR. WELLS: 14 Q Oce moretime, Mr. Gray, that's rot yaw 15 call noryourattumeyvs. Ifhcsinstmatingyounot 16 to answer, that's different, but then he bears the 17 burden of that instruction. Is MR WELLS: Are you instructing him not to 19 answer? 20 MR TAYLOR I made my objection and he's 21 made ids tail on that; he's chosen not to 22 answer. 1 can't make him give you the answer 23 that you want If you're asking again, I would Z4 object to it as asked and answered. Z5 MR WELLS: Mr. Taylor, may I make a Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 21 1 suggestion that you nll one dyne partners and 2 ask them if the way you're proceeding is the 3 appropriate way to proceed? I don'twaut to 4 dismpt the deposition. l don't want to 5 termlmte 4 but I'm not going to go thmugh the 6 deposition and have you all answer it's not 7 relevant. 8 MR. TAYLOR: Pm simply making an objection 9 for the record. 10 MR WELLS: You need to instruct you client I I to answer the questionless you're instructing 12 him not to. 13 MR TAYLOR He's answered your question. 1 14 ran't— I don't know what you want me to do, 15 MR. WELLS: I want you to tell him in give 16 the fatted information that Pm asking orders 17 Youlellhimtmtmmswer. _.._. 19 MR TAYLOR: I'm not telling him not to 19 gnawer. He's answered your question, I can't 20 make him give you the answer that you want him to 21 give you. I can't do that. That would 22 esumtially be me testifying. Pm not the one 23 being deposed hem. I mean, if you disagree, 24 you're free to go to Court and get a motion, you 25 know, to compel, but — I mean, rut perplexed at Page 22 I what you want me to do. I can't make him give 2 YOU the answer that YOU want He's answered the 3 question the way beg answered it 4 MR. WELLS: for the record, we am 5 attempting m reach Judge Norton to obtain a 6 Wiling on the declination of W. Gray to answer 7 certain questions. 8 (Phone all was placed to Judge Norton.) 9 THE COURT: Hello. 10 MR. WELLS: Judge Norton. I] THE COURT: How are you? 12 MR WELLS: rut fiat. Thank you. How are 13 you? 14 THE COURT: Pm good. I have Mr. Wells and IS Mr. Taylor on the phone? 16 MR WELLS: Yea, you do, 17 THE COURT: Just to let you all know, I 18 pulled the one up and read — skimmed super fast 19 die complaint and the answer. I guess this is a 20 public trends case or a Chapter 119? 21 MR. TAYLOR Theft eormct 22 MR WELLS: That's correct, Your Honor. 23 THE COURT: Are y'all in the deposition, 1 24 understand, right now? 25 MR TAYLOR: Yes, ma'am, Page 6 (Pages 21-24) P499 23 1 MR WELLS: Weare. Your Honor,=behalf 2 of the Defendant, Practice Academic Cultural 3 Education Center for Girls — we all PACE —1 4 am deposing the Plaimiff, Mr. Gray. 5 We really have just gotten started and I 6 signed asking questions about his sources of 7 income or whether he bas received income from 8 certain sources. And I also asked a question 9 about whether his wife is employed outside the 10 home. And Mr. Taylor objected on the basis of 11 relevance, not= the basis ofform. Whereupon, 12 Mr. Gray testified that he did not believe the 13 questions were relevant and would decline to 14 mswer, 15 THE COURT: All tight. 16 MRWELLS: And ifsouposition thatina 17 deposition relevance is not an issue. Sobefine 18 we — before I go much further and mco=ter 19 further similar objections, i thought it might be 20 best to get a ruling from the Court. 21 THE COURT: And Mr. Taylor, what would your 22 response to Mr. Wells bel 23 MR TAYLOR: My response, You Honor, is 1 24 made my objection based on relevance. As you 25 know, the point of a deposition is to get page 24 l essentially all information or all discovery that 2 might lead to discoverable or admissible 3 evidence. I objected based on the fact that we 4 feet that's irrelevaut, how much, if anything, is 5 made for any public records request It'sa. 6 constitutional right. Ifs obviously guaranteed 7 in our constitution, irs a right per Chapter a 119, 9 Mr. Gray hes, in his opinion, answered that 10 its irrelevant. As you know, i guess — I mean, I I I can't instruct him to give a certain answer if 12 there is an objection. He does have to answer, 13 yes. It's undisputed, Your Honor. But I can't 14 instmer him to give a specific answer, ) can 15 only instruct him that he has to answer the 16 question. Even if I do object, to instruct him 17 to give a specific answer would be improper and is it essentially would be my testimony instead of 19 his. So thafs my position, is that it's 20 improper. 21 THE COURT: I'm a little confused. By no 22 means am I going to order a witness to sm wa a 23 question in a certain way because obviously, you 24 know, discovery is a Beek for the truth, to 25 obtain information. So I have absolutelyno Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 25 1 interest in instructing Mr. Cray m answer—and 2 fro having a hard time hmning you we, sir, but 3 1 just want to let you know by no means not t 4 planning to tell Mr. Gray, Hey, you have to 5 answer this question in a certain way. And 6 that's why I'm a little confused sir, by your 7 response. 8 MR. TAYLOR: By — I'm sorry. By my 9 response, Your Honor? 10 THE COURT: You seem to be under the I 1 impression — I mean, obviously there's a 12 ditTaece between saying to Mr. Gmy, Pleau 13 answer the question for Mr. Wells versus — maybe 14 Pm not understanding you, butyou went into this 15 dissertation about how I can't control what the 16 witness says. And that's where I'm confused 17 because I don't think anyone is trying to get you is to tell Mr. Gray what to say. I think the issue 19 is: Does I&. Gmy have to truthibtly answer the 20 question? I'mjust a little confused, air, by 21 what you're saying. 22 MR. TAYLOR: What Ion essentially saym& 23 Yom Honor — and Cm sorry for the contusion — 24 THE COURT: Tbat's okay. 25 MR.TAYLOR: — batwhel rm saying is that Page 26 1 made my objection and — I objected and Mr. Gray did answer the question, but he feels that — 4 THE COURT: Who is bel 5 MP—TAYLOR. Mr. Gray, my client Mr. Gray 6 feels that his answer — this is nm 7 verbatim — but he's saying that's not relevant e and I choose not to answer that question. And 1 9 guess the issue here is whether that is an 10 appropriate response by Mr. Gray under the I I circumstances. t2 THE COURT: Well, Mr. Gray, is Mr. Gray a 13 member of the Florida Baa'? 14 MR. TAYLOR He is not 15 THE COURT: And you sre his counsel of 16 record? 17 MR. TAYLOR That is correct 18 THE COURT: Lel mejust tell you how I look 19 at discovery. I think that Mr. Wells has —1 20 would agree with him on this issue of relevancy 21 at this point Obviously, Ill reserve for 72 another day to determine if this line of 23 questions— if that type of information would be 24 admissible at trial because obviously things that 25 can be discovered thaultimately the judge may Page 7 (Pages 25-28) Page 27 I make the determination may not be appropriate to 2 be admitted in dant of either myself or a bench 3 trial or in fmnt of ajury at some paint. 4 Now I am a little concerned that Mr. Gray 5 is, you know, taking on a quasi legal role here 6 in objecting. I mean, that's obviously 7 inappropriate. Do you believe we need to get 8 Mr. Gray in here for pert of this dialogue so 9 bell understand what the Judge's rulings is, or 10 do you think, Mr. Taylor, you can appropriately I I communicate that to him? 12 MR. TAYLOR: I was going to say Mr. Gray is 13 right here. 14 THE COURT: ON I didn't know he was theca. IS Hi, Mr. Gray. I didn't know you were there. I'm 1 t Jpdgc Norton. I hope you4o having. a. goad day.. 17 THE WITNESS: Hi, Judge. How are you? I'm 18 having a good day. 19 THE COURT: I'm good; Its good. So what I 20 just need to do, Mr. Grey, you've heard my 21 ruling. I'm glad you were in there. And I 22 just — from what— you know, if at some 23 point— fm going to be here all afternoon — if 24 at some point there's another line of questioning 25 that you find inappropriate, No happy to talk to Page 28 I everyone. But right now, those are fav 2 questions. And than ultimately I will make the 3 decision lata whether or not they', 4 admissible. Bm Mr. Gray, from the questions 5 that Mr. Wells has told me, sir, you do need to 6 answer those questions, please. All right? 7 THE WITNESS: Okay. Understood. 8 THE COURT: I'll he here all afternoon, 9 This is my job, to handle things like this, so 10 give me a call if you need me. OW 11 THE WITNESS: Okay. Thank you. 12 MR. WELLS: Thank you very much, Year 13 Honor. 14 THE COURT: Have a great day. Inn going to 15 hang up. Bye-bye. 16 (Phone call ended.) 17 BYMR. WELLS: IS Q Mr. Gray, given Judge Norton's rungs, let 19 me pose the question one mora time. From your 20 activities with Photography Is Not A Crime and your 21 activities seeking Transparency In Govenunent, have 22 you derived any income? 23 A I have not derived any income from 24 Photography Is Not A Crime. I have derived income 25 from my YouTube channel, Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 Page 8 (Pages 29-32) Page 29 Page 31 I Q From what? I Q Are the settlements paid to you, or are they 2 A YouTube channel. 2 paid to your attorneys and than from the attorneys to 3 Q Honor Your Oath? 3 you? 4 A Correct 4 A Tbey ate paid to the attorneys and then to 5 Q Have you derived my income from any of the 5 M. 6 activities in seeking public records? 6 Q Okay. Is that— am those settlementsa 7 A Have I derived any income from—no. 7 percentage ofwhal the attomays get? x Q Your YouTube site, Honor Your Oath — 8 MA TAYLOR I would have to object to 9 A Yes, air. 9 that That bas to do with cur —any fee 10 Q — how do you derive income from that? 10 agreements that we have and that's 11 A Through monetization ofthe videos. 11 attorney/clicat privilege. So 1 have to instruct 12 Q Do you sell those; do people access them; do 12 him — 13 they pay a tee? 13 MIs. WELLS; You're seeking attorneys' fees 14 A When you monetize a video on YouTube, what 14 in this case, an, its not privileged 15 you do is, when you publish it, you can click ou the 15 MR TAYLOR But you're talking about Iccs 16 selection that gives you the opportunity to monetize - 16 in the past Them's be_en.pq settlement here. 17 videos. I click on that and ask YouTube to monetize 17 So, again, you're asking him whether there was e 18 it for roe. If they approve the video for 18 settlement in the past and the percentage that — 19 monctiratiou, what they do is they overlay ads on the 19 MR WELLS: No. 11n asking ifbis source of 2D videos. And then you get a percentage per view ofthe 20 income from these settlements is a percentage. 21 ads. 21 Hda already said that the fees come from you. 22 Q So when somebody clicks on that YOUTube 22 (The following question was certified.) 23 site, if you will, and YouTube is running ads for each 23 BY MR WELLS: 24 person who views that site, YouTube sends you a 24 Q Do the — the wmplaint that you filed in 25 percentage — or some money? 25 this case against PACE does not seek damage:; it only Page 30 Page 32 1 A Perviews, yea. lea a certain I seeks attnmeys' fees. Do you get — in these 2 percentage — I'm not sore exactly what the percentage 2 lawsuits that you filed, do you get a portion ofthe 3 is — per VIEW. 3 attorneys' fees that am paid to you attorneys? 4 Q And you've been doing that since October of 4 MR TAYLOR Again, l would have to object 5 20137 5 That has to do with our fee agreements. Thera 6 A No. I've been doing that - -L tank recall 6 aftontey/cliem privilege, 7 exactly when I started monetizing videos. Sometime in 7 MR WELLS: Are you instructing him on that 8 2013 is when I started monetizing them. g one? 9 Q My question was poor and i apologize. Thaz 9 MR TAYLOR I am on that one. Yes, 10 has been you sole source of income since October of 10 MR WELLS: Certify the question, ifyuu 11 20137 11 would. 12 A My sale source of income since October of 12 BY MR. WELLS: 13 20137 No. 13 Q I had also asked you if yourwife was 14 Q What other sources of income have you had 14 employed outside the home. 15 since you left Winn-Dixie? 15 A Amyou saying is she employed outside the 16 A When I left Wim -Dixie, I cashed in my 16 home? 17 401(k) and I lived off that for a while. And I also, 17 Q Yes. 18 through public records requests, I do receive 18 A No. 19 settlements. 19 Q Does she work in the home other gran in her 20 Q You mceive settlements? 20 rote as a wife and mother? 21 A Yes. 21 A She sells items on Shay. Other than that, 22 Q From whom? 22 no. 23 A Whatever vendor that I sue. 23 Q Okay. Is she involved in my way in 24 Q Whatever vendor you sue? your 24 contributions to Photography Is Not A Crime a your 25 A Yes. 25 Transparency In Government activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 1 A No. other than just being my wife and 2 supponing me, no, 3 Q Does she everaccompanyyou ora any trip you 4 make to request public records? 5 A Not thea I recall. 6 Q Was there anything in your employment with 7 Winn-Dixie drat caused you to leave as opposed to your 8 wanting to make contributions to Photography Is Not A 9 Crime and Transparency in Govemment7 10 A Pm not sum what you mean by that. 11 Q Did you baso any issues on thejob, any 12 issues with your supervisor, my complaints about your 13 work at Winn-Dixie? 14 A Na. I left on good tams. 15 Q Sir? 16 A I left on good tams. 17 " Q Awa, my question is: Did you have any 18 issues at work? You tray have left on good terms, but 19 did you have problems on the job in any way? 20 A No. 21 Q You've mentioned that you randomly find 22 police officers behaving badly. Haveyou cverbten 23 strested? 24 A rn been arrested twice. 25 Q Where? Page 34 I A I was az sled in Brevanl County and I was 2 arrested in Bradford County. I believe that's where 3 Lawley is. I was arrested by the Lawtey Police 4 Department. 5 Q Have you ever been convicted ofany crime — 6 A No. 7 Q — other than minor traffic offenses? a A No. 9 Q Were the arrests in Brevard County and in 10 Lawtcy related to your fihning police officers? I I A Yes, they were. 12 Q Was the filming of your own arrest posted or 13 sent to whatever — Photography Is Not A Crime? 14 A It was — I post my videos on YwT ube. And t 5 if Carlos Miller is interested in the videos, hell 16 contact me and ask me if he an publish them an 17 Photography Is Not A Crime, so hejust gets the link 18 off the YouTubc. 19 Q Do you kmw Mr. Miller's address? 20 A f don'tknow his address off the top of my 21 head. 22 Q Do you know an snail address for hum off the 23 top of your head? 24 A No. I have it on my phone. I can get it 25 off my phone. Page 9 (Pages 33-36) Page 35 I Q If you don'tmind. 2 A It is carlosrndler—all one word — 3 c-a-rd-o-s-m-i-l-l-e-rQmagiccity. Iva 4 Qmagicchymedia. 5 Q Magiceity®magimitymedia? 6 A Yes. 7 Q Thank you. Okay. Mr. Gray, in addition to B the lawsuit you have filed against my client, 9 Practical Academic Cultural Education Cenler for 10 Girls, Inc. — is it okay with you if we refer, to that Ii asPACE — 12 A Yes. 13 Q — so that throughout the deposition, if 1 14 refer to PACE, you'll know Pm referring to that 15 entity, okay? 16 A Understood. 17 Q In addition to your lawsuit against PACE, 18 have you filed suits against my other entities 19 related to yoi r transparency in govemment mission? 20 MIL TAYLOR: Objection to fomes. 21 THE WITNESS: Yes, I have. 22 BY MIL WELLS: 23 Q Do you know how many? 24 A I don't recall how many, no, not off the top 25 of my head Page 36 1 Q Caa you give an estimate somewhere; is it 2 10, 20, 30, 407 3 A An estimate, 30. 4 Q Okay. Do you tota11 the date — approximate 5 date of the first one that was filed in your name? 6 A Do I retail the approximate date of the 7 fust one that was filed in my mime? No, I don't. 8 Q To your knowledge, have all of the 9 apprmrirlate 30 lawsuits that you have filed been filed 10 in calendaryear2014? 11 A Yes. 12 Q Cm you tell me approximately bow many you 13 have filed in Duval County? 14 A Approximately in Duval County? 15 Appmximately eight I don't have that information in 16 front of toe. 17 Q You reside in St Johns County. Have you 18 filed my there? 19 A In St Johns County? No. 20 Q Can you tell me what other cminties besides 21 Duval you have filed lawsuits in? 22 A Ones that — let's see. I know that I've 23 filed in Duval. I know that rve filed in Broward 24 County. No; I can't recall off the top of my head. 25 Q You say you filed in Duval and you think you Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 37 I filed in Bmward? 2 A Yes. 3 Q Do you know if you filed any in Flagler 4 County immediately south of St. 7ohns7 5 A I'm not sure. Pm not Sam which area 1 6 filed. I would have to access myiaformaiim. 1 7 don't have that with me, my Elea. 8 Q Okay. Am the lawsuits thatyou have 9 filed — approximately 30, all in calmdu year 10 2014 — based an your personal visit to offices where I l requests for public records ate rude? 12 A Yes, 13 Q So all of the kwauits you fded involve 14 requests for public records? IS A Ycs. 16 Q Other than public =cards lawsuits, have you. 17 filed any other lawsuits in the calendaryev2014? 18 A Not that 1 moll, no. 19 Q Have you been involved in any lawsuits at 20 any time in the last ten years ad= than the public 21 records lawsuits that you'vc identified? 22 A No. 23 Q Now you indicated earlier that the contract 24 thin you had reviewed in comcctionwlth PACE you 25 believe was from the Department of Children and Family Page 38 1 Services or Something like that Do you know how many 2 ofyour lawsuits involve that particular agency? 3 A Not that I recall, not Specifically; no, not 4 off the top of my had. 5 Q Do you know the names army otheragencies 6 who had contracts with entities, such a PACE or other 7 entities, which formed the basis afyour lawsuits? 8 A You're speaking agencies, the sate 9 agencies? 10 Q Yes. 11 A I filed with agencies of FDOT, Depanm m or 12 Children and Families, Department of Heulth. 13 Q Okay. 14 A That's the ones l can think of right now 15 that I filed. 16 Q Okay. Let me go back a moment Yom 17 decision to leave W con-Dfxie and to get involved in 19 jeune]ism, with Photography is Not A Crime and 19 transparency In govemmrnt, was there mine type of 20 event or eircumtanoe that led you to do that, 21 surnetbing that happened to you or that happened to 22 someone else that you were elm to? 23 A No. Just the passion that I ban for the 24 activism that Pro pursuing, the accountability of 25 government Page 10 (Pages 37-40) Page 39 1 Q Okay. Ifsjustsomethmgthatjusl 2 developed naturelly7 3 A Yeah. Civil rights, access to public 4 records and hanspmency in govetnmrnt, the right to 5 film government officials. 6 Q l Guess perhaps another way to ask it is: 7 Were you attempting to either obtain a public record 8 or film a government official end you were restricted 9 in some fashion and that led you to want to do this on 10 a full-time basis? I 1 MR, TAYLOR: Objection. Asked and entwined. 12 THE WITNESS; I'm sorry. 13 MR. TAYLOR My objection was asked and 14 answered 15 THE WITNESS: There was no specific event, Ili no. Just]ikelsaid,.lYsjwug==w—you. _ 17 know, the right to know whaft going an in 18 government, the right to film government 19 officials doing theirjubs and transparency and 20 accountability, whem the money Is going what's 21 going an with It. 22 BY MR WELLS: 23 Q Were you involved in [host activities prior 24 toym¢ deputom from Wim-Dfxic7 25 A Yes. Page 40 I Q For how lung? 2 A I started my YouTabe channel in 2011. And 3 that's about bow long, since about 2011, so my 4 activities started roughly the Same than that my 5 YonTube channel Stared, 2011. 1 believe it was 6 January of 2011. 7 Q And your YouTube channel is Timm Yom Oath? 8 A That's correct 9 Q Andyoucaothinkofuocventor 10 circumstance that led you to star that other than II your interest in government reapomibihty? 12 MR TAYLOR Again, objection. Asked and 13 answered. 14 THE WITNESS; Yes. 15 BY MR. WELLS: l6 Q Pardon me? 17 A Yeah. lust general. IS Q I've ukcd3m Shorn anumhcroflawsuits. 19 Is Mr. Gray — Mr. Taylor's firm representing you in 20 ell of those lawsuits? 21 A Na 22 Q Of the appmxfmately 30 that you think you 23 rosy hive filed, how many is his law fart involved in? 24 A Appmximately — approximately 25 to 30. 25 Q How many otter law fans are representing Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 1 you in your public records litigation? 2 A One other law firmis representing me. 3 Q And who would tbatbc7 4 A That would theAbraharn Shakfeh Law Finn. 5 Q When is he located, orthat law firm— is 6 that one name? 7 A Abraham is his first name. Shakfeh is his 8 last name. 9 Q Abraham Shelrfeh is the name of an to individual? 11 A Correct 12 Q Can you spell Shaldeh for this lady? 13 A lust a second. Shakveeh (sic) is spelled 14 S -h -a -k -vice -h. 15 Q S -h -a -k -v- — 16 A Bch. 17 ...Q. Oldiy. Thank you. Other thiro Mr. Taylor, is I8 them anybody in the O'Boyle Law Firm that is working 19 with you on any of these cases? 20 A Yea, 21 Q Whownuldthatbc? 22 A Giovanni Masan. 23 Q Did you approach the O'Boyle Firm to 24 -Tmmt you, or did they approach you? 25 A Isppmachedthem. Sage 42 1 Q How did you know about the O'Boyle Law I=,? 2 A Haw did I know about the O'Boyle law Firm? 3 Through a friend of mine. 4 Q Who is thal7 5 A Joel Chandler. 6 Q How do you know Joel Chandler? 7 A Joel Chandler is a good friend of mine. He 8 is equally passionate shout open government, open 9 records transparency, 10 Q I apologize. Did you give roe the name of I I somebody else in the O'Boyle Law Firm? 12 A Giavarmi Mason. x.13 Q Okay. You did. I'm sorry. Do you know, '.14 between Mr. Taylor and Mr. Mason, how many lawsuits 15 they am representing you on; how marry is Mr. Taylor 16 representing you and haw many Mr. Meson is 17 rW, endngyou? 18 A Idonot I dant know specifically. 19 Q Do you request a specific attorney? 20 A No, I do not 21 Q Who else in the O'Boyle Lew Firm have you 22 communicated with? 23 A Who else in the —the receptionist, 24 Beth Kandy; Nick Taylor, Giovanni Mason; Bill Rayne 25 (phonetic). Page 11 (Pages 41-44) page as I Q You said Rayne. Is that Ririe 2A Rayne. I'm not sure how to spell his last 3 name. Hill Rayne. 4 Q Anyone else? 5 A There are, but I can'trecall their mores. 6 Q Have you been to the offices of the O'Boyle 7 Law Firm? a A I have. 9 Q How many thou? to A Three, maybe four times. 11 Q In your lawsuit that you filed against FACE, 12 one of the claims you're making is for attorneys' l3 fees. YonWe indicated earlier that you get some 14 income from the settlements. Do you know of any of 15 the lawsuits filed on you behalrin which you have 16 sought damages for yourself other than through 17 attorneys' fees? -- 18 A Yes. 19 Q Which ones? 20 A I can't recall specifically which ones off 21 the top of my bead. rm not sure which ones; I'm not 22 sure. I would have to have my files in front of me to 23 be able to see that 24 Q Okay. So you have a file with all of the 25 lawsuits in them? Page 44 1 A Yes, yes. 2 Q You maintaht that file in St Augustine? 3 A Ldo. 4 Q And so you believe that in deet file you 5 have a copy of each complaint in which you hove sought 6 damages for yourself that& set forth in those 7 complarmts? 8 A Yet. I believe so, 9 Q Okay. Do you have a written Poe agreement 10 with the O'Boyle Law Firm and Mr. Shekfeh? I t A I have a writtcn fee agreement wide Shakfeb 12 and l do with — yes - -O'Boyle. 13 Q Is that for each lawsuit, or is that just a 14 standard ftt agreement? 15 A h is a standard fee agrrnoenL 16 Q So you don't have approahuately 30 differcat 17 fee agreements with them? 18 A No. 19 (The following question was cettifiod) 20 BY MR WELLS: 21 Q Is Your arrangement with your attorney, an 22 an hourly basis? 23 MR TAYLOR I would object to that. 24 Whether it is or rot, that's anomcy/elient 25 privilege. It has m do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 4 5 6 7 8 9 to tt 12 13 14 15 16 17 18 19 20 21 Page 45 with Mr. Only. MR. WELLS: Mr. Taylor, you're seeking attorneys' fees in this case. And in order to prove any attorneys' fees, you're going to have to prove how you get them. So if you want to object now and instruct him not to answer, that's fine, but we will then abject to your seeking attorneys' fees in the unlikely event you prevail in this case. MR. TAYLOR: The attorneys fees are provided for by Chapter 119. But that aside, yes; I am instructing my client not to answer based on the fact we object based on attmney/client privilege. MR. WELLS: Okay. Would you certify that „question? BY MR. WELLS: Q In connection with — stake that. Of the approximately 30 lawsuits that you have filed, you've indicated this is the first deposition you've ever given. A That's correct. Q So do i assume from that that you have net given a deposition in any of those other cases? A No, I have not. Page 46 t Q Have any of those other earn gone to mall 2 A No. 3 Q Of the approximately 30 tests thea hava been 4 filed on your behalf, can you tell me approximately 5 how many of them have sealed? 6 A Approximately how many ofthem sealed? 7 Approximately — I'd say about six — between six and 8 sighthavesettled. 9 Q In Duval County, canyon tell me—I think 10 you said approximately eight have been filed here. I I Can you tell me how numy in Duval Courtly have scaled? 12 A DuvalCounty? Two. 13 Q Okay. Doeayour—stniethat. In 14 connection with any of the lawsuits that you have 15 filed in which the O'Boyle Firm has represented you, 16 have you made payovat for attorneys' fees to the tum? 17 A No. 18 Q Of those cases that have settled, can you 19 tell me how many of them involve claims by you for 20 damages other than for anomeya' fies7 21 A I'm sorry. 22 Q Ofthosemsnyoubelievehavesenled,ram 23 you tell how many of then settled with a payment of 24 damages to you at opposed to a settlement based on 25 attorneys' fen? Page 12 (Pages 45-48) Page 47 I A I dont mcall specifically, no. 2 Q Inconnectienw10yauractivitiesond 3 seeking public rereads from different entities, aside 4 from whatever payments you may get out of the 5 settlements, do you get reimbursed for any expenses? 6 A No. 7 Q You don't got mileage m airt'em — 8 A No. 9 Q — or anything like that? How arethe 10 payments that you get from the settlements— strike 11 that How do you document payments you get fmm these 12 settlements? 13 A How do l docmnent? 14 Q Yes, sir. Do you have Quickbooks; do you 15 have any kind of a Journal; do you have a lodger that 16 you maintain records of whatever you rceive7 17 A MymcorArcrpingispmttysloppy,tube 19 honcm with you. I have a fulder at home where I keep 19 the check and I just write down which vendor sealed 20 and I pm it in a folder. 21 Q Okay. Are your activities in seeking public 22 retards from different agencies — and I think you 23 used the word vendor: — do you work with someone? 24 You motioned Mr. Covenant. Is there anybody else 25 odror than Mr. Cavenut that you worked with when Page 43 I you - 2 A What you do mean by work with? 3 Q Whenymgoeanagencyormavmdoyver 4 you always e[campaniad by someone? 5 A Not always, no. 6 Q What pemerrmgc of the caws that you've 7 been involved in havcym bem a ngmnicd by mmcone7 8 A Apercenmge7 Iwealdaaythemejarityof 9 the cases that I've been involved in sommue is 10 Usually with ma II Q Olay. Of those in which you have been 12 accompanied, how meaty of these have how h4r. Coveeant? 13 A I don't know. I haven't kgrt trek of that. 14 Q Where does Mr. Covenant live? 15 A HelivamJad3owi0e 16 Q Do you know his eddrem7 17 A Its one of those things I knew where he 18 lives, but I dorelkuow his street addrns. No, sir, 19 1 do naL 20 Q Is there anyone in the lackmnville area. 21 other than Mr. Covenant, who has accompanied you on 22 say of Yom trips in which you have requested public 23 mcords7 A In the Jachonville areal Not that I recall Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 page 49 1 Q Can you give me the came of anyone eise in 2 any other area who has accompanied you an your trips 3 for requests for public records? 4 A In any other area? Joel Chandler, 5 Carlos Miller. 6 Q Okay. Where dam Mr. Chandler live? 7 A Mr. Chandler lives in Lakeland, Florida. 8 Q To your knowledge, do individuals like 9 Mister — strike that On any of the public records 10 requests that you have been on, has the interaction 11 with the government agency or vendor been by you 12 primarily, or are there occasions in which 13 Mr. Covenant or Mr. Chandler or Mr. Miller has 14 actually made some public records requests? I5 A The majority of to time, itis usually 16 myself or Joel Chandler. I believe Mr. Covenant has 17 requested records —Ib rat sue how many dmes — 19 but it's usually Mr. Chandler a me, that docs the 19 public records request 20 Q Hes Mr. Chandler been involved in any public 21 records requests in Duval County? 22 A Ycs. 23 Q Which one? 24 A I'm not for aura You in= with me? 25 Q Yes, with you. page s0 I A Which am? I would have to access my 2 records to sce which ones. He was not with me with 3 PACE. 4 Q Whatkind of records do you maintain slut 5 would show you whether Mr. Chandlervmo with you on 6 try given occasion, or Mc Covenant or Mr. Miller? 7 A Wall, the videos show whether he was with me 8 or not. 9 Q Videos, multiple? to A Yes. 11 Q Do you video each request you make? 12 A 1 do. 13 Q Do you know if on those occasions in which 14 Mr. Cavenant accompanies you bur does not— is not 15 the rose who actually mskes the reques4 door 16 Mr. Covaunt get some type of compensation for his 17 work? Is A No. 19 Q Do you know if any lawsuits have been filed 20 in Mr. Covcoaofs name? 21 A 1 do not No. 22 Q Do you know if any lawsuits have been filed 23 in Mr. Millets name? 24 A Mr. Millers name regarding public records 25 specifically? Page 13 (Pages 49-52) Page 51 I Q Yes - 2 A 1 do not. 3 Q Do you know if Mr. Chandler has been the 4 plaintiff in any cases of public records in which the 5 O'Boyle firm is representing h'nr? 6 A I believe he has. Yes. 7 Q Speaking of Mr. Chandler, are you familiar 8 with the Citizens Awareness Foundation? 9 A Yes. 10 Q Okay. Do yon play any role in the Citizens it Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareness Foundation? 15 A No. 16 Q Youlm not on the board of directors? 17 A No. 18 Q You're not a founder of Citizens Awsreness7 19 A N0. 20 Q You don't receive any compensation from 21 Citizens Awareness? 22 A No. 23 Q Is Mr. Chandler involved with Citizens 24 Awareness? 25 A r believe Mr. Chandler has resigned from Page 53 1 Citizens Awareness. 2 Q Wbat did he resiga from; was he employed by 3 Citizens Awareness or - 4 A 1 believe he was employed yes. 5 Q Do you know where tba offices of Citizens 6 Awareness is? 7 A I do not. 8 Q Sir? 9 A Somewhere io Misint I believe, Deaf eld or 10 Miami It Q Have you everbcen to those of icm? 12 A No. 1 have not been to Citizens Awareness 13 offices, no. 14 Q I spologiza Pm old. My sight's good, but 15 my hearing's not very good Ifym could speak up 16 justalinlebit 17 A I have not been m Ll'tizeos Awareness 19 offices as far as I know unless. - 19 Q But you have been to the offices of the 20 O'Boyle Isw Firm? 21 A Bight. 22 Q Do you know who founded Citizens Awareness? 23 A The founder of Citizens Awareness? 24 A No. 25 Q Do you know anybody who does serve on tie Georgia Winegeart & Associates 301 West Say Street, Suite 1450, Jacksonville, Florida 32202 Page 53 1 board ofditeaors of citizens Awareness? 2 A Do I know anybody who serves on the board of 3 directors of Citizens Awareawa? I don't know who the 4 board of directors are for Citizens Awareness. 5 Q And you cantly have to agreements that 6 you'm aware of with Citizens Awareness Foundation? 7 A No, on. 8 Q Have you ever had my type ofagra mmt or 9 formal relationship with Citizens Awareness? to A No. 11 MIL WELLS: We'll take about a lo -minute 12 break. 13 (Brief break.) 14 BY MJL WELLS: 15 Q Imeamtoaskym4Mr.Gmy—you 16 indicated you were introduced to the OBeyle Firm by 17 Mr. Chandler. 18 A Uh-huh 19 Q How did you meet Mc Chandler? 20 A I met Mr. Chandler at Firehouse subs on 21 Beach Boulevard, We had — I had admired his work 22 with FOG Watch, Florida Open Government Winch. 23 Contacted him by email. He was in Jacksonville 24 visiting his brother, I believe is what it was. And 25 he admired my work and what I did on You rube, so sou Page 54 I met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About — I'm just not sure exactly 4 when it was, but it was 2013, around June of 2013 or 5 so. 6 Q Okay. Did Mr. Chandler ever suggest to you 7 that you leave Winn-Dixie and take up Photography is 8 Not A Crime and transparency in goveo,,Mt- 9 A No. 10 Q — as full -lime — 11 A No. 12 Q Did Mr. Chandler introduce you to 13 Mr. Abrabam Shakfeh? 14 A Yes. 15 Q Do you know if there's any type of 16 relationship m aaangemeat that you're aware of 17 between Mr. Shakfeh and the OBoyle Firm? 18 A No, 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awmenaas. 21 A Correct. 22 Q I may have asked you —ift did,1 23 apologize — do you know when? 24 A Do 1 know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 I A I believe —1'm thiddng it was last 2 month. It was sometime in July. I'm not sun: exactly 3 when. 4 Q Do you know why he resigned? 5 A I'm not really ame why. f think he made a 6 statement on FOG Watch about it. 7 Q On FOG Watch? 8 A Yes sir. 9 Q F -o -g W -a -t -c -h? 10 A Its an acronym for Florida Open Govem anent t 1 Q Okay. Did you read the statement he made on 12 FOG Watch? 13 A I did I believe it said something about 14 there was ditfcreaces, irreconcilable differences,1 15 believe, was what it wes in lhegoals that were set 16 But other than that, I'm not really sure 17 Q Irreconcilable diffeerencei in the goals that 18 were set? 19 A Yes. 20 Q Have you had soy conversation with 21 Mr. Chandler about resigning foot, Ctizem Awareness? 22 A No. 23 Q Were you aware, prior m his resign d g, 24 that he was — that that ware hn emeeilablc 25 differeaces? Page 56 t A No, not really, M. 2 Q How often did you and W. Chandler speak? 3 A How often did we speak? We'd speak, you 4 know, once every two weeks w something, 5 Q Before he resigned, did you speak every two 6 weeks or sol 7 A Yeah. a Q Since he's resigned, have you spoken every 9 two weeks or sol 10 A Yes. 11 Q And you've not had a conversation about why 12 he resigned? 13 A No. He doesn't really want to talk — get 14 into my specifies about it w anything like that. Is He's mentioned that he rtsigaed, bre he hasnt 16 expressed any details as to why or anything like that. 17 Q Do you know what he did with Cilium IS Awareoess Foundation? 19 A Mr. Chandlerwas— Ibelievehewas the 20 chairman of Citizens Awareness Foundation, 21 Q Okay- Chairman? 22 A I believe so. Pm not really sum. 23 Q Okay. I think you said you thought Citizens 24 Awareness was somewhere near Miami. 25 A Uh-huh. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 57 1 Q And Mr. Chandler lives in Lakeland? I A Conect. 3 Q Did he go to the offices of Citizens 4 Awareness to work, or do you know? 5 A i believe he traveled, Yes, between his home 6 and Miami. 7 Q Okay. Is Mr. Chandler, to your knowledge, a still involved in public records requests? 9 A Yes, he is. to Q Do you know if he is represented in anyway 11 currently by the O'Boyle Firm? 11 A Ido not know. 13 Q Do you know if he's represented currently by 14 Mr. Shakfeh? IS A I do not know. 16 Q From reading the complaint in this case 17 involving PACE, I have gleaned from that that you 18 visit agencies or vendors, as you call than. Do you 19 consider PACE a vendor? 20 A Yes, 21 Q Okay. When You visitant agency or a vendor, 22 you generally have a contract 23 A Yes. 24 Q —of some sortthat either tho agency has 25 or the vendor has with an agency; is that correct? Page So 1 A Tbaesconmet. 2 Q Where doyou get the contract? 3 A I get the contractonline from the 4 government websites 5 Q Which govemmentweMite? 6 A Man, I con'tthink of it tight now. rte so 7 bad about this. I'm sorry. The CFO website, the 8 government website where this all — you get it from 9 the Attorney General website and the CFO website, just to go on there as a public record I I Q Do you get these, or docs somebody get them 12 for yin? 13 A I get them mrd sometimes Thomas gets them 14 forme. 15 Q Sometimes who? 16 A Thomas. 17 Q Thomas? 18 A Covenant 19 Q So either you or W. Covenant does a search 20 online for government contracts - 21 A Uh-huh. 22 Q — through various govemment agencies; is 23 that correct? 24 A Tbrouglhvariousgovemment—yes,ye, 25 Q Nome provides you with those contracts? Page 15 (Pages 57-60) Page 59 I A No. 2 Q Tell me how You do a search. How did you 3 find the contract involving PACE? 4 A The contract involving PACE, Thomas found 5 it —Thomas Covenant found it He sent it to me by 6 email. And we looked at it and it was in 7 Jacksonville, so it was close by. Thomas found it for 8 me. 9 Q And he sent itto you by email? 10 A Correct ,11 Q Other than Mr. Covenant, has anyone else 12 ever assisted you in locating a contract with a stale 13 agency or the vendor'! 14 A Joel Chandler. 15 Q Anyone else? 16 _ A Not that I recall. lust Tbomas andloel. 17 Q Its Year testimony today that nobody in the 18 O'Boyle Firm has assisted you in finding contracts 19 with the State of Florida? 20 A Nobody in the O'Boyle rim has ever assisted 21 me in finding contracts in the Sone ufFlodda. 22 Q Has my adomey ova assisted you? 23 A No. 24 Q Nobody other than Mr. Covenant end 25 Mr. Chandler and you have been involved in identifying Page 60 I and downloading contracts with state agcncira? 2 A What do you mean by that? I mean, I dant 3 know if anybody else has done it 4 Q That you have utilized in Your efforts? 5 A Thaw ratted Just me, Thomas and ]oat 6 Q Okay. Did anybody tell you how to do that? 7 A Did anybody tell me how to do it? No. 8 Q Okay. lea just something you kind or 9 Icamed m your own? to A Yeah. It Q When you locate a contract with a government 12 agency, how do You determine what records arc involved 13 in the commet7 14 A How do we determine what records am 15 involvedmthecantrect7 Specificaliy, with the 16 example of PACE, I look m the contract online, an if 17 the cmtroct is active. We look for the public IS records language in the contract And if it says in 19 the public records language — if it says in the 20 public records language in etre conhtr4 if it says 21 that the vendor, as 1 call them, is subject to public 22 records, we decide to So do a public records request 23 Q Is it not your experience, in looking at 24 contracts with state agencies M my government 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 61 1 agency or the rntity to comply with public records 2 law? 3 A Yes. Itis — in the contract, it 4 specificstly does state that they are required to 5 comply with the records language, if the 119 language 6 is there. 7 Q So how do you determine what document you s want to request? 9 A How do I determine whet document? lust 10 whether it's public record or not if it's a part of I I the contract, if it falls under the definition of 12 public records. 13 Q Okay. Dors anyone assist you in demmrining 14 what document to request that may be past of a t5 contract that you have reviewed? 16 A Does anyone assist me? No. 1 made that 77 determinsliou myself, 10 Q So can you tell me how many goverment 19 contracts you have reviewed in calender year 2014? 20 A Calandaryear- 21 Q Pm not limiting it to state— any 22 govcmmentel entity whatsoever. 23 A So you're talking about cmmacts between 24 the government — my agency and a vendmtl 25 Q well, its my understanding yar don% limit Page 62 1 your public records request to vmdora. 2 A Pdgbt 3 Q You go to govemmem agencies and make 4 requests? 5 A Yeah. Bret me govemmant agencies don't 6 have contracts. 7 Q But they have documents? s A Yeah, they have documents, I waml sure 9 what you masa, t0 Q For right now, we'll limit it How many I 1 contracts have you reviewed that my government agcacy 12 has with a vendor, such as PACE, in calendar year 13 2014? 14 A I would say approximately 5o, 15 Q And of that approximate 50, you Bled suit 16 on approximately 30 17 A Approximately 30. Is Q Okay. And you review— you have reviewed 19 all 50 of these contracts apprmurnately to determine 20 irthey're subject to Chapter i 197 21 A Correct. 22 Q And you have reviewed approximtcly etl 50 23 contracts in order to determine what documents to 24 request? 25 A No. I m reviewing the contract just— Page 16 (Pages 61-64) Page 63 I whether it's Subject to Chapter 119 or not And the 2 contract don4 necessarily, you know, help me 3 determine which record I went because it's whatever 4 falls under the definition of public records is what 5 I'll ask for. 6 MR. WELLS: Ms. Silverberg, would you read 7 that last question and response back? s (The last question and snswer was teed back.) 9 BYMR. WELLS: 10 Q I'm not sure I understand that, W. Gray. 1 I You get a contract that a vendor hes with a govenrmmt 12 agency; you downloads? 13 A Ilh-huh. 14 Q YougetaharticmP 9 15 A Correct 16 Q And you -inview the ramract m make see — 17 or to determine if them is a public records IB compliance requirement in the comtma 19 A Como 20 Q Than you take that coutrect to a vendor? 21 A If I'm determined to go to the vendor, yes; 22 typically, IMI! have the contract I like to have 23 the contract in my hand. 24 Q So you make a determination that you're Z5 going to go visit ABC vendor? Page 64 1 A Yes 2 Q And you esk fmwhat wbm you go to ABC 3 vendor? 4 A Just whatever comes in my mind when Pm 5 going in thee, whatever is in relation —whatever 6 documents are created and are received in relation to 7 that contract that they have with the State. So it s could be anything front the signatory page of the 9 contract itself, if the contract requires — which 10 they all do — they all require that them be adequate I i liability insurance, I'll ask to inspect and 12 photograph a copy of the liahility insurance 13 certificate. Sometimes IT ask for the most recent 14 invoice. Just whatever mcmds ere crested or 15 received in conjunction with the specific contract 16 that I'm visiting the vendor with. 17 Q Do you know anyone who uses the email name, Id a -n -o -n -e -m -a, Anorums? 19 A Not that I recall, no. 2.0 Q Okay. 21 A What is it again, A -n — 22 Q A-n•o-era-m-a. Two words. 23 A No. 24 Q The answer to m3' preceding question was kind 25 of what I was looking for earlier. When you have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 65 1 downloaded the contract and satisfied yourself that 2 Chapter 119 compliance is required, you then identify 3 something within the contract to ask the vendor for? 4 A Uh-huh. 5 Q How do you make the determination what to 6 ask for? 7 A How do I make the determination what mask 8 for? Since Ih doing an m -person public records 9 regumt, what I typically do is IT ask for the 10 absolutely easiest thing for the vendor to comply with I 1 because I would hike — like if I want to inspect and 12 photograph proof of liability insurance or the 13 signatory page of the contract, then I try no get the 14 easiest thing for them to comply with go that it 15 doesn't take a lot of effort on their part and I ask 16 for that. 17 Q How do youmake a determination as to what 18 is the easiest thing forthe vendorto comply with? 19 A Whether or not they have to do a lot of work 20 to go get it, whether m not it's easily accessible, 21 whether or not there's arty mclactable information on 22 it that's required by Florida Statute 119, you know, 23 things hike that 24 Q But if you're not familiar with an agency or 25 a vendor, how do you know what`s accmoble? Page 66 1 A How, do I know what's accessible Based no 2 if its created or mmivcd in relation to the 3 con Tact, the vendorcontrscL Ifs the public 4 records law. 5 Q How many of the So contracts — 6 approximately 50 connects that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Like I said, Ibelteve there's been 30 t040 10 that Pve vialed this year. it Q Andoffle—sndyoussidyousued 12 approximately307 13 A Uh•huh. 14 Q And you've visited approximately 30 to 40 of 15 them. Would it be fair to say you've sued almost 16 everyone you visited? 17 A About half to the majority of them, yea. A 18 little mon than hall yes. Same of them comply. 19 Q Pardon me? 20 A Some of them comply with no problem. 21 Q Some of them comply what? 22 A With no problem. Some of them just comply 23 wben you go in and ask for retards. 24 Q Ofthe 30 or40thatyou have visited of 25 your approximate 50 contracts you have dowaloaded, how Page 17 (Pages 65-68) Page 67 I many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them are for 4 proof ofinsur mca When I go in, that's the document 5 I typically ask for is the proof of liability 6 inmranca I like to check and see if Otey have the 7 insurance required by the contract. 8 Q Ofthme approximately 30 to 40 vendors— 9 of the 30 to 40 you've mentioned, am Obey a0 vendors to like PACE? 11 A Correct 12 Q Of whatever number you have visited, did you 13 give any of them a call in advance? 14 A No. 15 Q Did you communicate with any of them at all 16 in any form in advanceprior to visiting whatever 17 office you visited? 18 A No. 19 Q Is thele a reason for that? 20 A Na 21 Q How do you determine which vendors youta 22 going to visit? 23 A Flow do I determine which vendors fon going 24 to visit? Well, like I said earlier, I look at the u contract I determine wbethv the contract is page 68 I active. And then if it's a vendor that I'm interested 2 in, to see -m see if I want to check to see if they 3 are maintaining liability insurance or they're keeping 4 their records hike theyhc supposed to, I'll just go 5 to them. 6 Q What makes you interested in any particular 7 vendor? E A Any particular vendor? Nothing really 9 specific. There's nothing that makes me interested in to mry one vendor over my other. I just want to go see 11 if the records arc there, 12 Q Well, in your prior answer, you said If 13 its a vendor I'm interested in. 14 A A vendor Ihn intereated in. 15 Q What do you mean by that? 16 A What do I mean by that, a vendor rm 17 interested in? t ci=1 know. Something that would 18 make me interested is if I don't have to travel too 19 far to go to it, if it's in the local area. 20 Q How far is Broward County from here? 21 A Browurl County is — I'm not sure, i don't 22 know the exact mileage, 23 Q Did you file any lawsuits in Dade County? 24 A In Dade Couaty? I believe I have. 25 Q You haven't filed my in St. Johns, have Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 69 1 you? 2 A No. 3 Q Olay. Do you know if there are vendom m 4 state contracts in yourimene coanty7 5 A Pm stator thereare, but] haven't reviewed 6 any contracts that I can remember. 7 Q You haven't viewed any mntmcta between a 8 vendor and a state agency in St. Johns County; is that 9 correct? 10 A That's correct. II Q You've indicated that you have a file with 12 all the complaints that have been filed in yew name? 13 A (Nods head.) 14 Q Isthatayes? 15 A I don't have all of them, no. 1 don't 16 have - bemuse some of thea; just quite fmukly, have 17 not been sent to me. 18 Q They quite franklywhat7 19 A They haven't been sent tome. I dant have 2U all ofthem, all ofthecomplairds. 21 Q Okay. Do you maintain a log of each visit 22 you make to a venddt 23 A Do I maintain a log? No. 24 Q Do you have a file of the contracts, these 25 approximately 50 contracts that you've downloaded and Page 70 i viewed? 2 A No, not all of them I have - typically, 3 if i have a video, I will put the contract in a file 4 with the video, I guess. 5 Q I thought I understood you to say earlier 6 that you had videoed every visit you've made to 7 request publicreeords. 8 A I have. 9 Q So I assume then, from your immediately 10 prior Statement, that you got a contract with each I I video for all the visits you've made. 12 A Yeah. But I don't save all my videos and I 13 don'tsave all my contracts. 14 Q Okay. is MR. WELLS: For the record, I would like 16 this to stand as a request for the preservation 17 ofall evidence, specifically including videos, 18 that are still currently in existence or 19 obtainable. 20 BY MR WELLS: 21 Q Have you deleted any videos? 22 A Yeah. 23 Q Do you know how many you have deleted? 24 A No. 25 Q Do you know of any particular agency or Page 18 (Pages 69-72) Page 71 I vendor where a video has been deleted? 2 A I have not deleted any videos where I have 3 filed suit on them. I do not delete - I have the 4 original video and the video that I Put on YouTubc. 5 But other videos where I've gone into vendors and they 6 compiled or they scheduled me to come back, I don't 7 keep every video that I record. 8 Q Scheduled you to come back So thereare 9 some vendors that have askedyou to come back'! 10 A Yes. 11 Q And do you do that? 12 A 1 have sometimes cone back. Yes. '.13 Q Why do they ask you to come back? 14 A They'll ask me to come back because maybe 15 the person is not them that has the =net, or the 16 person that's designated as the contract - rix person 17 that's designated as the contact person. Is Q Okay. So there ate circumstances where the 19 person who might be in charge of the contract is not 20 avallable? 21 A Uh-huh. 22 Q Have you encountered situations where 23 whoever might be responsible for the contract or in 24 charge of the office or whatever is not available, 25 because ofprior commitments, given the fact you Page 72 1 haven't given notice ofyour intent to visit? 2 A Yes. 3 Q In those situations, do you go back when the 4 person is available? 5 A Asa natter affect, with PACE, I went 6 back. I went t em and I requested it They said 7 that the person was not available; Can you come back 8 later? I said, What time can yen expect the contact 9 person to be there? And they said, Well, come back 10 hrterthisatemoon. I can'tramember exactly when 11 it was. So I came back later that afte owm 12 Q Did you video both visits? 13 A I don'trecall if I videoed bolt visits or 14 not I don't recall. 15 Q Mr. Taylor has provided me, I think- I 16 really haven't looked at it -I think it's just one 17 episode, ifl undersand it. 19 A Uh•buh. 19 Q Is that a yes? 20 A Is that a yes about what? 21 Q Them's only one episode? 22 A Yeah. 23 Q You only videoed one encounter, if you will, 24 at PACE? 25 A That's correct Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 73 1 Q Do you know if the video you made at PACE 2 was of the first visit or the second visit? 3 A Itwas the second visit. 4 Q The second vist7 5 A Yes. 6 Q Okay. When you visit a vendor, do you ask 7 for anyone in particular when you get there? a A Usually 1 tryto ask fora person, if it's 9 what's listed on the contract, I try to ask for the 10 contact person that says the contact person where the I I administrative records ate stored is and it will give 12 a name. And III typically try to ask for that 13 person, or the public records coordinator, or whoever 14 you guys have to handle public records requests, I,15 Q Did you do that with PACE? 16 A I don't recall specifically if I did I 17 i061114 have to review the video again. I dont recall. to Q Why do you video what you're doing? 19 A Why do I video? To document the public 20 records request. 21 Q We refer to video. In whatever filming you 22 do, do you also include audio? 23 A Yes. 24 Q So whet Mr. Taylor sent me is not only a 25 video ofyour encomter with the folks at PACE, but it Page 74 1 also includes audio? 2 THE WITNESS: Is that what you sent him? 3 MR. TAYT OIL It was my understanding that 4 We both. rm saying it was — I'm showing what 5 we sent you was video and audio. If you didn't 6 get either one, we can certainly — 7 MR. WELLS; I haw intentionally not — I 8 mean, I opened — I saw the bit about what it was 9 and then I shut it down because I wanted this to 10 be— I l MR. TAYLOR: Okay. Understood 12 THE WITNESS: It's always — whenever? do 13 video, it's audio and video. 14 BY MR. WELLS: is Q Okay. And I& Covenant was with you? 16 A Yes. 17 Q Is he shown on the video that you make7 19 A He may or may not be. If he walks in front 19 of the camera. 20 Q What kind of camera do you use when you zi video? 22 A I use a Conan EOS cunera because that's the 23 one that I also use to take a photo of the document. 24 Q A Canon EOS, that has — and I'm totally 25 Illiterate, okay — a Canon EOS has video and audio Page 19 (Pages 73-76) Page 75 I capability? 2 A Carmct. It looks like a still photo 3 Camara, but it has — because that's what I use it 4 mainly for, is to photograph the documents ebur, and 5 it also has audio and video capability, yes. 6 Q Okay. Do you ever use any type oriPad. 7 mini pad, any kind of tablet kind of thing? e A I will occasionally use my iPad, yes, if 9 it's gut — sometimes I don't have the contract 10 printed out and III just have the basic information I I about the contract: The contract, die vendor— the 12 contract number, the vendor, who the vendor has the 13 contract with. And so that's what I use the iPad for. 14 Q When you IDake a request for a ilticu hent, 15 pursuant to public records request and you are 16 videoing with audio, do you notify whoever it is that 17 you're doing drat? Ia A No. 19 Q Do you obtain their consent to do that? 20 A No. 21 Q Is there a reason why you do not? 22 A No. 23 Q I know you're represented by counsel, but 24 have you era considered the legality of'obtaining 25 video and audio of someone without obtaining their Page 76 I consent? 2 A The legality of ir? l kamv the public — 3 Fin not an attorney ar anything, but I know the public 4 records law has a statute about the right to 5 photograph the records. And it says that the person, 6 when they are fulfilling a public request, they am 7 standing in the shoes of the State and the public 8 officials have no expectation of privacy while 9 performing their official public duties. m Q So it's your inletpretation of whatever 11 provision you just mad that that gives you the right 12 to obtain audio from that person without obtaining 13 consent, without providing notification? 14 A Yes. That's my interpretation. 15 Q Have you ever tested the validity of that 16 interpretation anywhere? 17 A Tested the validity of it? 18 Q Yes, 9r. 19 A rm not sure I understand what you mean. 20 Q Have you ever sought advice of counsel as to 21 whethwyoar interpretation is correct? 22 A Outside of advice of counseh7 No. 23 Q Sir? 24 A Na. 25 Q Has anyone ever objected to your ming audio Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 77 1 in your videos? 2 A No. 3 Q Has anyone ever objected to your using 4 either audio or vidco7 5 A No. You're speaking—videos, you'= 6 Calling about all of my videos? 7 Q I'm Wkiag about has any paniadu 8 individual that is Shown to any of your videos 9 objected to being displayed in your video — well 10 Stan with video —in your public records request II activities? 12 A In my public records request activides7 13 Q Yes 14 A Wiibvcndom no. With public agencies. 15 yes. 16 Q Can you identify anypublic agency—public 17 agencies or public agency employees who have objected? 18 A Identify the individual, arjust the 19 agency? 20 Q Whet objection may have hem rude, who made 21 it? 22 A Let§ see. Members of the ye ek mmille 23 Sheriff a Office have objected. The 7acksonvdle 24 Agricultural Department has objected. The videos are 25 all on my Yau7Wx channel. I would have to look at Page 76 1 them to sae which ones specifically objected because 2 there are to many ofthcra 3 Q Have you everdeleted any videosaraudio 4 pursuant to an objection by anyone? 5 A Deleted any videos or audio pursuant to an 6 objection? Puravaotmanobjection,whatdoyou 7 mean? a Q If anybody ever made an objection W the 9 video or audio, did you delete it when they made that 10 objection? II A No. 12 Q Under what circumstances have you delated 13 say video or audio? 14 A Under what circumstances have l everddeted 15 anyandio or video of - 16 Q Ofanyoue in which you hadbeenmakioge 17 public records request. Is A I don't understand the question. 19 Q Olay. Ifs my understtuding, Mr. Gray, that 20 every time you make a public records request you video 21 that request and that video is accompanied by audio; 22 is that enuect? 23 A That's correct 24 Q Has anyone ever objected to your having 25 videoed your request of that prion in yam making a Page 20 (Pages 77-80) Page 79 1 public records request? 2 A Some public agency —people who work for 3 public agencies, yes, they have. 4 Q Okay. And as a result of those objections, 5 have you deleted any of those video or audio films 6 that you took? 7 A No. H Q You have not? 9 A No, not because somebody objected to them. 10 Q You have deleted saute, but not became of 11 the objections? 12 A Correct, 13 Q And did i understand you earlier, the ones 14 you have deleted have been from the Jacksonville I5 Sheriffs Office and the Jacksonville Agricultural 16 something or other? 17 A Yeah — no. Those aren't the ones I to deleted Those ere the ones that objected. 19 Q They objected, but you did not delete them? 20 A They objected — rve done so many videos. 21 I've deleted some and I've published some. I don't 22 know specifically which Gum I've deleted and 1 Z3 haven't deleted I know that I've never deleted a 24 video specifically because someone objected to me 25 videotaping. Page ao I Q Well, to ire extent you may have deleted 2 some, why would you have deleted them? 3 A Maybe Wry just waen9 interesting enough 4 to be published on Youilube. 5 Q Okay. When you go into a vendor accompanied 6 by Mr. Coveoeat m Mr. MOI,,m 7 Mr.Chandler, howdo you identify yourself? a A I don't identify myself. I say, rm here to 9 make a public records request. 10 Q You don't give them your name or anything 11 like that? 12 A No. 13 Q Okay. How do you identify what it is you're 14 looking for when you make a public cords request? 15 A How do I identify what it is ran Inaking for 16 when I make a public records request? I tell the 17 person that Pm speaking Io —usually Pit have the 1 B contract in my band; No printed it. I tell them 19 what tho contact number is i tell deem it's the 20 contact between whatever vendor it is and wbatevm 21 agency they have the contract with. Like J said,1 22 give them the cWtmct lumber. And I simply say, I'm 23 mating a public =cards request; i would h7m to 24 inspect and photograph whichever document Itn asking Z5 to inspect and photograph. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 21 (Pages 81-84) Page 81 Page 83 1 Q Okay. Assuming that — without regard to I Jacksonville; we may want to go check and am if 2 PACE, but just generally speakin& you go to a vendor, 2 they're in compliance with Public records basically. 3 YOU make a request, for whatever reason you dont get 3 Q if they were in compliance with public 4 the documents you requested, I believe you indicated 4 records? 5 them are times when you go back 5 A Yeah. If they're going to comply with 6 A Uh-huh. 6 public records access and to we if we could — 7 Q Is that a yes? 7 Q Okay. Who reviewed the complaint to 8 A Yes, a determine what to ask? 9 Q Are there times when you don4 go back? 9 A i did. You mean — who reviewed the 10 A Yes. in complaint? I I Q What dictates those times when you don't go I I Q Excuse me. Who reviewed the ca mma — 12 back? 12 A The contract. Okay. 13 A Opportunity, time, distance, how busy I am. 13 Q —that PACE had with whatever state agency 14 Q Have you ever left your name and coutact 14 to determine what to ask for? Is Information with any vendor when you were unable to t5 A I did. 16 get We documents you requested — 16 Q When did you do that? 17 A No. 17 A I don't recall 18 Q — upon your initial visit? 19 Q Was it the day you went; tuns it sometime 19 A No. 19 prima that? 20 Q Is there a reason for that? 20 A I don'trecall; i dou'trecall when I 21 A Because I have a right to remain anonymous 21 decided. I believe I asked for the certificate of 22 when I make my public records request 22 insurance. 23 Q You have a right to remain anoaymous7 23 Q Who did you ask for when you went there? 24 A Yes. 24 You said earlier you don't know. 25 Q Is that why you filed 30lawsuila7 25 A Who did I — Page 87 Page 84 1 A Is that why I filed 30 lawsuits? I Q Did you ask for anybody specifically? 2 Q Yeah. 2 A I can't remember if f asked far anybody 3 A I film 30 lawsuits because my rights have 3 specifically. I would have to watch the video again. 4 been violated and they violate my right to access 4 Q Okay. You indicated earlier that sometimes 5 public records. 5 you ask for whoever is in charge of the connects. 6 Q How long afteryou leave a vendor's office, 6 Did you do that at PACE? 7 when you dont get whatever it is yoWm asking for, 7 A That's what I just said; I don't recall if] 8 do you notify either the O'Boyle Phm ar Mr. Shakfeh7 a did. 9 A I bave no eat period of time. 9 Q When didyou and Mr. Covenant make a 10 Q How do yon do that, by phone? to decision that you were going to go visit PACE? I I A By phone, by email, whiehevc. 11 A I don't recall, 12 Q Do you usually use your mobile phone when 12 Q Do you recall the date you went to visit 13 you rake phone calls? 13 PACE? 14 A Yes. 14 A I don't recall. Is Q Okay. Pm going to askym specifically 15 Q Do yes recall the month you visited PACE? 16 some questions now about PACE and some of dense 16 A No. 17 will — probably your responses earlier will apply, 17 Q Do you recall the PACE address? 18 Pm going m assume that you somehow downloaded a 18 A No, 19 contract dist PACE had with the agency that yen 19 Q Do you recall whether you visited any other 20 believed they had a contract with. 20 agency or vendor in the same day you visited PACE? 21 A Right 21 A We did visit othervendars in Jacksonville 22 Q Was that just a random downloading from the 22 that day. I don't recall which ones they were 23 agency, or how did you locate than contract? 23 specifically, but we did visit other vendors that day. 24 A With PACE, I was contacted by Thomas and he 24 Q When you and Mr. Covenaat or Chadler or 25 said, you know, there's a contract here in 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page a5 1 several in One day? 2 A Usually, yes. 3 Q Is them a particular period of time m 4 between Wes days that you visit vendor; that you 5 don'17 6 A No. 7 Q Can you describe whatyou obswed as you 8 entered the offices of PACE? 9 A Can I describe what I observed? Opening the 10 door, Were was a receptionist. I think she called a I t young lady up. I think I may have explained to the 12 receptionist— i would have to watch the video again 13 to be specific — but I explained to the receptionist 14 why I was there, to make a public records request 15 She contacted another — a young Indy who came out and 16 1 explained m her why I was there and that was to 17 make a public records request. 18 Q Did you get the names of any of thme 19 individuals you spoke with? 20 A I believe I did. I can't Mull what dee 21 ramns were. I believe they an on the video, when 1 22 asked. 23 Q Doyou mall whetberyouaskedthe namm, 24 or did the person vuluntam theirname, or what? 25 A I an't recall. Page 86 1 Q Do you remember either of the names of arty 2 of the people you spoke with at PACE? 3 A No. 4 Q So you spoke to a receptionist who than 5 called someone else up? 6 A If l remember correctly, yes, yes. A young 7 lady came out. 8 Q Was them anybody else in the vicinity wban 9 you first walked in? 10 A Thomas walked in with me. I I Q Other than you and W. Covenant and perhaps 12 the initial receptionist who you spoke to, were there 13 any other people in the immediate vicinity? 14 A In the lobby area, no. I dco't Mull. 15 There erns a— I dont mall. i think there was 16 people moving about, but I don'trecall anybody else 17 in them. is Q Okay. Were you able to observe whether 19 them were any people there who you could distinguish 20 as clients of PACE as opposed to employees of PACE? 21 A I wouldn't know who was clients and who was 22 employees. 23 Q The first young lady — I assume the first 24 receptionist you spoke to was female. 25 A I1h-huh. Page 22 (Pages 85-88) page 99 I Q Could you tell how old she was? 2 A No. 3 Q Canyoudesaibeheft 4 A 1 moa, I cant Matcmba. No. The 5 receptionist, no. 6 Q The second person that came up who was 7 called by the receptionist, male a female? 8 A Female. 9 Q Canyoudescribeher? 10 A Brown hair, Caucasian, l Wink That's 11 about — brown hair, white female, molly nice, atal 12 polite. 13 Q Do you recall anything abort how old she was 14 approaimatnly? IS A Sheseemedmbe35to30-30to35, 16 somewhere areimd them. 17 Q Other than those two individuals, did you 18 speak with anybody else at PACE — 19 A Not that I recall. 20 Q — you and Mr. Covenant? 21 A Not that I recall. No, sir. 22 Q Did ymt see auy othapcople who appearedto 23 be employees of PACE while you were there? 24 A I saw people moving about, yes, moving about 25 the office, the area in there. Page a6 I Q When ycu went imo PACE, did you go to a 2 desk, or did you go to a counts or what? 3 A Went through — I think time were glass 4 doors. As you enter, there's a receptionist's desk 5 and there vias some chairs on the w,E. I spoke W the 6 receptionist, I believe. Exphdned to her that I was 7 them for a public records inquest, if I'm remembering e cormcdy. She told me that she would contact 9 somebody. So I sat down in the char and the young 10 female that I Jost desmbed came out 11 Q Okay. After you spoke to the second person, 12 what happened? 13 A After I spoke to the second person, what 14 happened? I5 Q Let me mesh soreI understand something 16 tors. When you Spoke to the receptionist and then 17 spoke to the second person, was that on this fast or 19 what you believe to be the second visit? 19 A Second visit. 20 Q Second visit lets go back to the first 21 visit When did that occuo Z2 A I think that occurred about three hours 23 before the second visit. 14 Q Who did you speak with thm? s A I believe h was the mr aptionist Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 page 89 1 Q The servo receptionist you Voltz with Intrel 2 A I believe $e, yes. I explained I was them 3 for a public records request They recotrunended for me 4 to cane back later. 5 Q So the firstraceptionistyou spolre with 6 said come back later! 7 A Yes. 8 Q Okay. Then you and Mr. Covenant lett7 9 A Correct 10 Q And then you came back and that's when you 1 I spoke to the second person, X12 A Correct 13 Q On your first visit, the only person you 14 spoke with was the receptionist? 15 A Iflremembercemec0y,yu. 16 Q Did you film and audio that cncountnr with 17 the receptionist on the first visit? 18 A I dont recall if I did or out I don't 19 remember if the carnem was recording. I had the 20 camera to take the photograph, but I can't recall if 21 the camera was recording or noL I can't remember, 22 Q When you had your first encounter with the 23 receptionist, if you vidmed it. has that been 24 provided to Mr. Taylnrl 25 A If I videoed it? Page 9a I Q If you videoed it with audio — let me be 2 precise — 3 A No. 4 Q —You would not have provided it to 5 Mr. Taylor? 6 A No. 7 Q Why? 8 A I don4 thick I did. Like I said, 1 don't 9 remember if I recorded it or not. I don't think 10 there's a video of the first encounter, I dou% think I I them is a video of the first encounter. No. 12 Q Okay. But you have Previously tested 13 that you video all encounters — 14 A Yes. 15 Q — so you can document you request. 16 A Yes. 17 Q And when you first walked in the door and 18 spoke to the receptionist, you did not know what 19 response she was going to make? 20 A CotrecL 21 Q But you didn't have you video on? 22 A I don't rememberifI had iton ornot. 23 Q Okay. So you may have had it on, you may 24 not have, but in any event nothing has been provided 25 to Mr. Taylor! Page 23 (Pages 89-92) page 91 I A Correct. 2 Q The second visit, the receptionist gets 3 anotherperaon. You'venowilayourvidecgoingwith 4 audio? 5 A Yes. 6 Q Did you video and audio the portion with the 7 receptionist before she called this second person 8 over? 9 A I believe so. 10 Q Do you advise the second person, the white 11 female with dark brown hair, what you want? 12 A Correct 13 Q How did you identify for her what documents '.14 you wanted? 15 A I believe I had the contract is my hand. 16 like I said, I would ray, I'm here to make a public 17 records request. I tell them the contract number. 28 And I told her that I would like to inspect and 19 photograph the certificate of liability insurance, 20 basically proof of insurance that's required by the 21 contract 22 I believe I had a sample from where I had 23 photographed or gotten a copy of a certificate of 24 liability insurance from another vendor --I m not 25 sue which vendor it was — as an neample, lust to Page 92 I ahow her what I was specifically looking for, to he 2 specifeaboutit. 3 Q Mr. Gray, lb going m had you s copy of 4 the complaint that has been filed in this matter and 5 puryerts to have a copy of the contract upon which you 6 are basing your lawsuit And I would ask you, if you 7 would, to tum to the contract and find for me is the 8 contract where it requires or addresses the documents 9 you've requested. 10 A I have found iL It Q Sir? 12 A I found iL 13 Q Whetpage7 14 A Page 10 of 36. 1s Q Okay. Now you asked fm—you showed them 16 a certificate Of insurance that you had received from 17 somewhere else? 18 A Correa. 19 Q And you asked them to produce that document 20 that they maintained — 21 A Correct, 22 Q — is that correct? 23 A t.1 -huh. 74 Q Okay. Where on Page 10 does it require PACE 25 to maintain that document? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 93 1 A On Page 10 where does it require it? 2 Nowhere that I could tell. On Page 10, where docs it 3 require that they maintain the document? 4 Q I'm trying to figure Out - 5 A On Page 10, it does at. I don't see any 6 language that says that it's required that they 7 maintain that document a Q So cactly wbat wereyou asking for? 9 A I was asking for the ceftificare of 10 liability insurance that's required by the document— it by the contract 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 10? 14 A It says right here, The insuratimprovider 15 shall maintain, if applicable, the following types of 16 insurance listed: Commarcial,general liability. 17 That's what I was asking for. 19 Q Okay. That requires them to maintain to 19 insurance? 20 A Uh-huh. 11 Q Is there anyplace in this contact that 22 you're aware of that requires PACE to maintain a 23 certificate of liability insurance? 24 A Written in the wntract? The public records 25 access right here oo Page 1 of 36. Page 94 I Q Public records access. Now whereon Page 1 2 does it say that public records access comm that they 3 have to maintain a certficato of liability insum=7 4 A It says, All documents created and 5 received — let's see. Tne provideragrees to allow 6 access and review ofall documents, papers, letea, 7 maps, books, apes, photographs, film, sound 8 recordings, data processing, software and other 9 material, regardless of physical form or 10 characteristics, or means of transmission, made I I received pursuant to law or ordinance in connection 12 with the transaction ofafficial business by any 13 agency as defined in Section 119. All documents made 14 or received by the provider in conjunction with this 15 contract shall be trade available except far these 16 public records which are rads confidential by law. 17 Q Okay. Now what does that paragraph have to 18 do with the certificate of liability insurance? 19 A The certificate of liability inswerim is 20 required by the cantact 21 Q Where? 22 A Well, its required that they have liability 23 irs9urance. 24 Q I don't dispute that. 25 A Okay. Page 24 (Pages 93-96) Page 95 I Q You didn't ask for pmofofinsurance; 2 you asked for a certificate of liability insurance. 3 A Something that proves that they have 4 insurance. 5 Q Is that what you requested? 6 A Yeah. 7 Q And its your testimony that whatevervideo 8 you took will show that you requested them to provide 9 you with proof of insurance? 10 A Yes. 11 Q Docs that contract require them to maintain 12 proof of insurance? 13 A Proof of insurance. 14 Q My question ds: Isyourmading of the 15 contact, since you're the one who downloaded it, or 16 Mr. Covenant dowaloaded i4 but you avieweditand 17 you made the determination that you've going to go ask 18 them for proof of insurance, where in the contact 19 does it require them to maintain that they have 20 insurance or have proof that they have insurance? 21 A In the contract? Well, typically, ifyou 22 have insurance, you hove documentation showing that 23 you have insurance. 24 Q But where in this contract that you used 25 does that say that PACE has to do that? page 96 I A It doesn't say specifically insurance. It 2 says that they have to maintain records regarding the 3 contract 4 Q Okay. So you're saying because Paragraph 5 1 — excuse me — Paragraph BA -2 on Page I requires 6 them to Maintain their records, that requires them to 7 maintain proof of htsurance that they're required to 8 provide to the State? 9 A Yes. 10 Q Did you speak to anyone else after this 11 young lady with the brown hair that day? x.12 A You mean at PACE? 13 Q At PACE. 14 A I may have said goad -bye to the 15 receptionist, have a nice day, as we were leaving. 16 Q Okay. When you told the lady with the brown 17 hair that you wanted a certificate of liability 18 insurance or proof of insuraoco, whatever it is you 19 said, did you speak with anyone after that? 20 A No. i deal recall. We left 21 Q And what did the young lady with the brown 22 hair all you with regard to the document you 23 requested? 24 A She said that the person that she spoke to 25 ou the phom — I can't recall who it was right now -- Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 97 1 but the person she spoke to On the phone said that it 2 needed to be in writing, that it should be emeAed and 3 made in writing — the request should be emailed and 4 made in writing. 5 Q Do you know who st PACL• wa responsible for 6 meintaioing thc insurance contract? 7 A Maintaining, no. 8 Q Did you ask for the person responsible for 9 maintaining the insurance contrset? 10 A No. it Q Did you ask for anyone else in particular 12 other then, I simply want proof ofinsumace? 13 A I announced that i was tbere m make a 14 public records request 15 Q My qunlioa, Mr. Cray, is very simple: Did 16 you make a request for anyone in particular with 17 respect to your request for whatever insurance 18 fi fotmadon you were seeking? 19 A When I arrived, I rang remember if Inked 20 for what's listed as the connect person in the 21 contact I don't rmamber if I asked for that persou 22 or not, but I did announce that I was there to make a 23 public records request 24 Q Okay. And you said that this young lady IS came back and had spoken to somebody an the phone? Page 93 I A Correct 2 Q Does that suggest to you that whoever she 3 spoke to was not them in the office? 4 A Yes. 5 Q Okay. After she came back to you and told 6 you that she had spoken to someone on the phone and 7 that in order to get the document you need to leave 8 your neme and address, did you respond to ber in any 9 way? to A 1 dont think alio told me 1 needed to leave 11 my tame and address. I think she told me that 1 12 needed to make it in writing via email. I think 13 that's what she said. 14 Q Okay. What response did you make to that? I5 A I believe I told her that t would Idce to go 16 ahead and access the records now; I would lice to take 17 a photograph and inspect the records now. is Q Do you have soy information, from any 19 source, that PACE had their hnsmance polity itself in 20 the office that day? 21 A No. 22 Q Do you have any information that PACE had 23 any type of documentation in the once ptaving they 24 had insurance that day? 25 A Other than what it says ami the reason we Page 25 (Pages 97-100) Page 99 I went there is because, in the contract, it says that 2 is the place where the administrative record was 3 stored and the contact person, that is the address, so 4 that's why we went there, 5 Q But my question is: Do you know if they had 6 it in the office that day? 7 A No. That's—no. B Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office to that day? 11 A No. 12 Q Have you subsequent to that day ever 13 received a certificate of liability instuance or any 14 other type afproofof insurance as to PACE'1 15 A PACE, no. 16 Q Okay. You did not go back to PACE after 17 that first day? 18 A No. 19 Q Have you ever made a requeat to go back to 20 PACE — 21 A No. 22 Q — atter that fiat day? 23 A No. 24 Q Has anybody ever advised you of your right 25 to go back to PACE and photograph or inspect some page 100 I record? 2 A No, 3 Q And You've never been provided by anyone 4 with proof of insurance that PACE maintained? 5 A Provided with anyone pmef, what is that? 6 Pm not sum what you mean. 7 Q Wbateverdocmnentsyouw a ,questing, 8 whatever proof you were requesting when you went to 9 PACE, You never received that? 10 A No. Other than locking at the contact and I l seeing that they are required to maintain — 12 Q Insurance? 13 A —insurance. 14 Q Okay. You didn't ask to we the insurance 15 polity? 16 A No. 17 MR WELLS: I would like to have the 18 complaint and the attached contact marked as 19 Defendant's Exhibit I to the deposition. 20 (Defendant's Exhibit No. 1 was marked for 21 identification.) 22 BY Mui. WELLS: 23 Q Mc Crray, do you know of any mason why — 24 strike that. lost to melte sure I5n clear, since your 25 initial visit to PACE, not only have you not received Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 101 1 the information you were mquesdng but you've never 2 been advised of your right to go back there, that you 3 were invited to go back them to phonograph and 4 inspect whatever it is you were requesting; is that 5 comet? 6 A (No respouse.) 7 Q Pardon me? a A rut thinking. I don'trecall if I had been 9 advised if I could go beck them. TO Q Do you know somebody named Thresa Giles or n Giles? 12 A No. 13 Q Do you know Yessia Cancel? 14 A No. 15 Q I had asked you, Mr. Gray, if you had ever, 16 since your first visit, seen the proof of insurance 17 youh asking for or a certificate of liability 18 insurance. Let me show you this document I'll 19 represent to you that that is a certificate of 20 liability insurance on PACE — 21 A Okay. 22 Q --pursuant to their contract with the state 23 agency. You've never seen that before, have yoo? 24 A No, sir. Not from PACE. 25 MR. WELL, Pit have this marked as Page 102 1 Defendant's Exhibit 2. 2 (Defendant's Exhibit No. 2 was marked for 3 Identification.) 4 BY MR- WELLS: 5 Q You aren't, by chance, in someway 6 incorporated, arc you? 7 A No. a Q So none of Honor Your Oath, or Photography 9 is not a crime, or anything like that, you're not to incorporated in any respect:7 I i A Na. 12 Q Okay. 13 MR. WELLS: Let's take a ten-minute bra* 14 if we an. I'm almost through. 15 (Brief break.) 16 BY MR. WELLS: 17 Q Just so that No clear, it's yam testimony 18 y0u made two visits to PACE on the same day — 19 A Yes. 20 Q — about Uurx hours apart? And dee first 21 visit, you spoke only to a receptionist? 22 A That's what I remit. Yes. 23 Q And she advised you to carne back. Why? 24 A She said that the contact person or the 25 person that—the supervisor orwhoevor the CEO was Page 26 (Pages 101-104) page 103 I would be there. When I asked far who would do the 2 Public records We of deal, she said to came back 3 when that Person is thee, so I came back about three 4 horns later. 5 Q Okay. Whenyou cameback abortthree hoots 6 lata, you spoke only to the same remptianist? 7 A As farm 1 remember, y¢ a Q And then a wand person that was — 9 A Yes. 10 Q -- about 35, brown heir, Caucasian? I A A white fanale, Caucasian. 12 Q So those am the only two people you've ever 13 spoken to at PACE other than wbalavc acknowledgment 14 you rmy have merle to Ms. Marx today? 15 A Yes. 16 Q Afteryou left PACE thatday, you never went 17 back and asked for the record son? IT A Na 19 Q Mule you wen them whet was Mr. Covenant 20 doing? 21 A Hewesjuaimyfriad,justthorcaiongjust 22 to be there. 23 Q But could you see what he was physically 24 doing; was he just standing beside you or - 25 A Yeah. He wee just kind stmtling aver m the Page 104 1 left afore, from what I recall. 2 Q Okay. Other than standing ova to the left 3 ofyou, YOU have no specific recollection ofwhat he 4 was daing7 5 A No. Howasjusttherewithma, 6 Q Take a look at that document, if you would, 7 Mr. Gray. a A Okay. 9 Q You4e welcome to toad all that you want tO, 10 but have you ever seen that before? I I A No, sir. 12 MR- WELLS: I would like to have this marked 13 for identification purposes only, waw not 14 attaching it as an exhibit is (Defendant's Exhibit A was marked for 16 identification.) 17 BY MIL WELLS: 1a Q I would like yon to keep that. It's not 19 going to be an exhibit to the complaint — to the 20 deposition. Not having aces that before, do you know 21 if you've ever dism=Bd dee coatants of that before? 22 A No. 23 Q Okay. Do you have any information asm the 24 ramifications of bet document? 25 A Indications of ramifiadoos of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 I document? 2 Q Yes, sir. 3 A No. 4 Q When you made the request of the second 5 person at PACE, brown hair, 35ish, Caucasian, you had 6 a copy of the contract with you? 7 A I believe I did. Yes. 6 Q Okay. Did you show bar or point to anything 9 in the contract that you were looking for? 10 A I believe did, yes. r pointed to it and I I 1 showed her the scam of liability from the other 12 place, like, Tbis Is what I'm looking for, ifs quick 13 and easy. just let me take a look at it and I'll leave 14 berg. 15 Q And didyou let her have eitherofthose 16 documents, either the contract or the certificate: you 17 had fano the other sauree, for her to use to go back 16 to whoever she had to talk to? 19 A I think l may have given it m her, or she 20 may have takma it Ion not note. 1 would have to 21 watch the video again. But — I mean if aha would 22 have wanted to take it, I would let her have it 23 Q But do you recall, am way or the other, 24 whether she took possession of either of those 25 docurm nts? Page 106 I A 1 don't recall; I don't recall. 2 Q And when she came back to you to say that 3 you needed to put it in writing, can you tell me 4 precisely what she said to you? 5 A She said — precisely, I can't recall, but 6 she said — she spoke to the person on the phone The 7 person on the phone said that it needs to be made in s writing, by email, the request needs to be made in 9 writing. 10 I believe it was at that point when I said, t I Welt —1 showed bar the certificate of Eability from 12 the other place and said, This is easy, and I handed 13 her the contract And she said, Per what I've been 14 told on the phone, it needs to be made in writing. I 15 said, Okay, flunk you, and I left 16 Q Did she say anything about wbetber the 17 docurmms you were asking for was event in the ofee 19 at PACE? t9 A No, i don't think she did. I don't recall 20 that she did. 21 Q Okay. But you showed her a document that 22 mid — Re this Exhibit 2, certificate of liability 23 insurance? 24 A Yes, I did, from another vendor. 25 Q And you told her that this is whet you were Page 27 (Pages 105-108) Page 107 I looking for? 2 A Yeah. That's what it looked like, so she 3 could have a Point of mfereorr, so she would know 4 what I'm looking for. 5 Q And by this, were referring to 6 Plaintiffs — excuse me— Defendant's Exhibit 27 7 A Comet I mean, I didn't have that s Particulardocumentinmypowearion. Itwasoncfrom 9 another — 10 Q Asemple7 I I A A sample, yes. 12 Q You indicated that you had not been back to 13 PACE and you indicated that you had never been advised 14 that you could go back. Have you ever requested to go 15 back m anyone? 16 A Requested to go bark to auyone7 No. 17 Q Let me rephrase that That wasn't clear. Is Have you ever requested ofanyone to go back to PACE 19 so you could attempt to photograph and itupem 20 whatever record it was you were seeking on the Ent 21 visit? 72 A No. 23 Q ht it your undemmding, Mr. Gray, that the 24 O'Boyle firm and W. Taylor, in specific, is 25 representing just You in this litigation? Page 106 1 A In this, with PACE? 2 Q Yes, sir. 3 A Yes. 4 MR WELLS: Ism through 5 Mr. Gray, You have the right to read and 6 sign, if its transcribed, or you can waive that 7 right if I ask for it to be transcribed, she's a going to type up everything that was said today, 9 assuming she heard you. Once she gets it typed I 0 up, you have the right to read it, to make we I she's done it correctly. Mr. Taylor can advise 12 you as to whether ycu need to read and sip it or 13 not. You can't make changes to iS but you can 14 wake a notation of errors in her transcription. i5 THE WITNESS: Okay. 16 ' MIL WELLS: So you need to let her know 17 whether you will waive the right to read it, or Is whetheryou want to toad it if it's transcribed_ 19 THE WITNESS: I would like to read it if 20 its transcribed. 21 MR. WELLS: Very good 22 (rhe deposition was concluded at 4:45 p.m.) 23 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 28 (Pages 109-110) Page 109 1 CERTIFICATE 2 STATEOFFLORIDA) 3 COUNTY OF DUVAL) 4 1. Cynthia Silverben, Shorthand Reporter 5 and Notary Public, State of Florida at Large, do 6 hereby certify that I was authorized to and did 7 stenographically report the deposition of S JEFFREY MARCUS GRAY; that a review of the oanacript 9 was requested; and that the foregoing oansedpt, 10 pages I through 109, is a am and complete record of I1 my stenographic notes. 12 I farther certify that I am not a relative, 13 employee, attamey or counsol of any afthe parties, 14 nor am I a mlative or employe: of any of the partite 15 attorney err conn¢I connemed with the action, nor an, 16 1 f nmucielly interested in the action. 17 Dated this 24th day ofhnuwy, AD., 201 S. 18 19 20 21 22 CYNTHIA SILVERBERG, Notary Public 23 24 25 Page 110 1 CERTIFICATE OF OATH 2 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 1, the undersigned authodN, catify that 5 JEFFREY MARCUS GRAY personally appeared before ole and 6 con duty sw 7 WJINE,SS my hand and official col this 24th 9 day orianuary, 2015. 9 10 11 12 CYNTHIA SJLVERBFRG, Notary Public 13 Notary PuhlicState of Florida My Commission Expire¢: 14 15 16 17 18 19 20 21 22 23 24 25 Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 THE OYBOYLE LAW FUM P.C. lcmavnA O'BeYh-Advar46PA xY'mawwar-AdabcdbFL civil: sma: r,.nmwab.Ym,,,gm, � WHsav-AarvnNIv FL Ohad afw-AddxfhA Em&p4e�15ybarw�y February 12, 2014 VIA BMAIL: tkray9937()Jwtmai] com RE: Fee Agreement for Jeffrcv Gray Matters: Gray v. MCNA Dental (14 -PR -00109); Gray v. Positive Healthcare (14 -PR -00110); Gray v. Preferred Cele Partners (14 -PR -00111); and Gmy v. Simply Better (Simply Heahhcare7) (14 -PR -00112) Dear Mr, gray Enclosed is my Fee Agreement. Please carefully review the Fee Agreement If you have questions, let us know. If acceptable, please email a signed copy m me at rwitmvCa�obovlalawfr n mm Again, we look forward to working with you on this matter. Sincerely, Ryan Witmer, Esq. Supervising Attorney —Florida Branch The O'Boyle Law Fmo, 1286 West Newport Center Drive Deerfield Beach, FL 33442 Direct: 954-574-6885 1286 Wed Newport orAs W" Phase 9S+-57+MS 2146 EastH DmrW Beady fi 33442 MX 954360-0807 F" unt�n Street 211' -1771 PMadelpMa, PA 19175 fax 215.893-3641 Exhibit D February 12, 2014 RE: Fee Agreement for. Jeffrey Gray (the "Clicnt'9 Matters: MCNA Dental, Positive Healthcare, Preferred Care Partners, and SimplyBetter Matter Nos.: 14 -?R -00109,14 -PR -00110, 14 -PR -00111,14 -PR -00112 Dear Mr. Gray. Below please find our proposal (the "Engagement Letter") to represent you in the captioned matters (the "Mstter'l and such other matters wherein you request our representation and we agree to represent you (the "Legal Matters'. Please carefully read the below, and feel free to ask questions. I. OUR OBLIGATIONS TO YOU: We promise to honor this Agreement. This Matter and any other Legal Matters are important to you and us. We offer professional legal services. We will keep you generally informed, and make available to you copies of written dor:uments and correspondence in electronic and\or tangible format as we have them available. Also, as you know, the Firm is a multi -state law firm with a main office in Pennsylvania and a branch office in Florida. Attorney's cannot and will not violate any ethical obligations or engage in the .unauthorized practice of law. 2. YOUR OBLIGATIONS TO US: You promise to honor this Agreement If your address or telephone number changes, you must keep us informed. You will promptly comply with all reasonable requests, including, without limitation, requests for documents and other information, You must truthfully disclose all facts to us (whether good or bad), and cooperate with me with regard to this Matter and my other Legal Matters. 3. THE FIRM'S TERMINATION OF THIS AGREEMENT: (a) We can (at any time) withdraw from representing you, and stop working on your matters for any reason, including, without limitation: () if you misrepresent or fail to disclose material facts; (ii) if you make it hard to represent you; (ii) if you do not pay on time; (iv) if we have ethical concerns; or (v) if you fail to keep any other promise in this Agreement. (b) YOUR TERMINATION OF THIS AGREEMENT: You may terminate our services for any reason. You will still be responsible for paying any outstanding fees and costs 4. ES: We will make available to you for copying the files regarding all Legal Matters. Of course our work files are and shall remain our files. 5. ENGAGEMENT LETTERS: From time to time, Engagement Letters with clients are misplaced by the client. If you should misplace any Engagement Letter (or Letters) between you and the Firm, we will provide you with a copy promptly upon request 6. HOW FEES AND EXPENSES ARE DBTERnrttW: As explained, you will pay for professional services (time) and expenses (costs and disbursements). We cannot predictthe ultimate amount of Fees or expenses for this Matter, for reasons including the nature and scope of the Matter. A. Fees: The Firm hourly billing rates (the "Fees") depend upon the attorney and will be invoiced in .I hour intervals for all time expended on or in connection with each Legal Matter. The current rates range from MO -375 for attorneys (depending on who is performing work on the Matter), $150 for law clerks, and S90 for paralegal and are subject to change upon written notice as consistent with all applicable ethical rules: B. public Records Modified Contingency The Firm has experience with the Florida Public Records Act and has a modified fee agreement For Public Records cases, the remedy is production of the document and statutorily -awarded attorney's fees. However, some cases do result in settlement and the following paragraphs outline how fees and settlements are handled by the Firm If the Matter is a Florida public records case stemming from Chapter 119 of the Florida Statutes, the Firm, upon deliberation and determination of merit, will stay collection of fees and costs until the Matter is resolved or the representation is terminated. If the Matter is resolved by settlement the Firm will be entitled to the greater of (a) all costs as well as 40% of the remaining monies (40% of the net recovery after costs are collected from the gross recovery), or (b) all costs and attomeys' fees. Any remaining amounts will be dispersed to the Client. If the Matter is resolved unfavorably by either the Florida or U.S. Court systems, the Firm will waive all fees and costs associated with prosecution. For appeals, the Firer will assess the likelihood of success on appeal and may offer the Client waiver of fees and costs. ii. la the event that the representation is terminated by the Client; all fees and costs for which collection has been stayed shall immediately become due and owing to the Firm. iii. In the event that the representation is terminated by the Firm, all fees and costs for which collection has been stayed shall be considered waived iv. If the Firm agrees to accept this Matter on the above described Modified Contingency basis, the app mvin attorney will 'gn on the space below: f� r Approving Attorney. C. ns s: You will also pay for expenses, such as court fees, filing fees, search costs, messenger and delivery services, copies (at $.05 per page), postage (excluding normal postage), special mail handling, third party consultants and experts, and other customary charges. 7. RETAINERS: TRUST ACCOUNT: All billings for all Legal Matters will be submitted monthly (a separate invoice will be submitted for each Matter) in detail regarding time and expenses. Additionally, all monies from settlementwi0 be deposited in the Finn's Trust Account and will be dispersed by the attorney. 8. LPiYGATTON: You usually cannot recover attorneys fees from your opponent (even if you win), unless there isa specific statute (law) or contract for that. However, we cannot guarantee the outcome of say particular Legal Matter. Also, you may need to spend more money attempting to collect, where you still may not have success in collecting all or part of any judgment. 9. DUE DATE OF INVOICES: invoices shall be duo and payable within 10 days of receipt. You will pay 1-1/2% monthly interest for Invoices over 30 days due. If we sue to colleut our Invoices, you will also pay collection costs (such as attorneys fees and court costs). 10. EFFECT OF DELAY: Whether you use me or another lawyer, if you intend to prosecute the Matter, you should proceed with doing so promptly. 11. SUMMARY: We are happy to discuss this Engagement Letter with you, at any time. If you have questions, please ask. We want you to discuss any concerns you have. 12. ACCEPTANCE: If you agree, please sign the ®closed, extra original of this letter and return it via electronic format (preferred) to twitmer(a).obovlelawiimi com or by mail to 2146 East Huntingdon Street, Philadelphia, PA 19125 (For Pennsylvania Matters) or 12 6 West Newport Center Drive, Deerfield Beach, FL 33442 (For Florida Matters) within 10 days. [SPACE INTENTIONALLY LEFT BLANK) Of course, until such time as this Engagement Letter is executed by the Client, neither party shall have any obligations in connection with same. Further, until executed by Client, we must reserve the right to withdraw the offer contained therein. We look forward to working with you. Sincerely ESQ. Supervising Attc mey Florida Branch THE O'BoyLE LAw Futmr, P.C. WE AGREE TO THE AFOREMENTIONED TERMS Signature- _ Printed Name: Address: City/State/Zip: Phone: Email: Date: Fling A 21082147 Electroaieally Filed 12/01/2014 02:42:17 PM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO.: 2014-CA4647-XXXX DIVISION: CV -E JEFFREY MARCUS GRAY Plaintiff, V. LUTHERAN SOCIAL SERVICES OF NORTHEAST FLORIDA, INC. Defendant FINAL ORDER DENYING RELIEF UNDER PUBLIC RECORDS ACT This cause came to be heard on the Initial Complaint filed by Plaintiff, Jeffrey Marcus Gray [hereinafter "Gray"], requesting that the court declare Defendant Lutheran Social Services of Northeast Florida, Inc. [hereinafter "LSS"] to be in violation of Chapter 119, Florida Statutes [hereinafter "the Act"], and award attorneys' fees and costs pursuant to the Act. From the evidence the court finds: 1. Gray is a self -described "civil rights activist" who earns part of his livelihood by [Waking public records requests for unwanted documents on unsuspecting private entities which are agents of public agencies, and potentially subject to the requirements of the Act. 2. LSS is a nonprofit corporation whose mission is to assist people in need. LSS helps people that are vulnerable due to illness or poverty. Their beneficiaries include refugees, children of refugees, people afflicted with AIDS, the Page 1 of 8 Exhibit E homeless, and those suffering from mental illness. It provides social services, mental health case management services, youth services, and other vitally important services to people in need within the community. 3. Gray and others have teamed up to make public record demands for unwanted documents on numerous private entities which contract with various government agencies generally to provide specific services. To date, Gray is or has been a plaintiff in 18 separate 2014 lawsuits involving public records requests in Duval County. The means utilized by Gray and those associated with him to make these public records requests follow a similar pattern. The means used in the instant case to make a request of LSS is representative of that pattern. 4, Abraham Shakfeh [hereinafter "Shakfeh'l is one of the lawyers that files these suits on behalf of Gray. In Duval County in the year, 2014, Shakfeh has filed approximately 13 lawsuits seeking public records on behalf of Gray. Shakfeh lists his home office in Tampa, Florida. 5. Joel Chandler [hereinafter "Chandler] identified himself as Shakfeh's paralegal and sat at counsel table next to Shakfeh at hearing. Chandler picked up Gray and drove him to LSS and several other places that day for the sole purpose of making public record requests. According to Gray, Chandler is a resident of Lakeland, Florida. 6. Thomas Covenant [hereinafter "Covenant!] was with Gray when Gmy entered the offices of LSS on June 16, 2014. He testified the purpose of his presence at LSS was to provide witness testimony in future legal proceedings. Page 2 of 8 7. Either Chandler or Covenant regularly reviews the "Chief Financial Officer's Website" to scan posted contracts executed between private entities and government agencies. The results of the search are supplied to Gray. The contracts are printed and Gray, Chandler, and Covenant drive to various private entities and request unwanted documents under the Public Records Act. They often visit more than one place in a day. 8. Thirteen of the eighteen cases that Gray has filed this year in Duval County were filed by Sbakfeh. In ten of these cases, which appear to be separate and unrelated to each other, Shakfeh and Gray allege dates of public records requests between June 16, 2014, and June 19, 2014. In case 2014 -CA -4544, Gray alleges he sought public records on June 16, 2014 [the same date as the instant action], from an entity named Eisman and Russo Inc. 9. Neither Gray, nor any of his associates, made any effort to inform or advise anyone associated with LSS that they were coming to request documents under the Act. The failure to provide advance notice or written notice of any kind to LSS was intentional and designed to catch LSS off -guard to obtain an initial rejection of Gray's unneeded request. 10. Shakfeh pays Gray when he recovers attorneys' fees in these cases. Gray testified and Shakfch argued that payments to Gray in the past were from "settlement proceeds." However, the relief available under the Act is production of the requested documents, costs, and attorneys' fees. There is not a basis for an award for monetary damages. Shakfeh claimed during argument that the "settlement proceeds" are generated in exchange for Page 3 of 8 dismissing claims for "declaratory relief." This, too, would not give rise to an award for monetary damages. The court concludes that any payment to Gray in the past in other cases is merely a fee -splitting arrangement between Gray and Shakfeh. The use of the term "settlement proceeds" is simply an effort to mislabel any monetary distribution between them. 11. Based on this agreement, Gray has a financial interest in assuring that his requests for public records are refused. The circumstances surrounding his request in the instant case leave no doubt that his utterances to representatives of ISS regarding potential public records were a baiting gesture meant to achieve personal financial gain; not a legitimate request for public records. 12. Before Gray entered the offices of LSS, he strapped a video camera around his neck and surreptitiously filmed and recorded conversations between himself and representatives of LSS. He purposely refrained from touching the camera with his hands to avoid attention to it. It is apparent from the video that those engaged in conversations with Gray had no idea they were being recorded. 13. Before entering the office, Gray marked the time of his arrival by videotaping a clock in the automobile driven by Shakfeh's paralegal. Gray acknowledged this was done to present as evidence in subsequent legal proceedings. 14. The contract in question between Children and Family Services [the public agency] and LSS provides for youth services by LSS to refugees living in Duval County. The language of the contract states that "the Department is engaging the provider for the purpose of providing youth services to assist Page 4 of 8 eligible refugees/entrants to strengthen family stability and integration into the local community." 15. Initially, Gray asked Mr. Richard Mochowski ["Mochowski"] to inspect and photograph the general insurance policy of LSS. Although Gray had the contract in hand, he did not reference the contract when he made this request. Mochowski suggested that Gray speak with Jerome Crawford [hereinafter "Crawford"], the project manager on the contract. 16. Crawford immediately discussed the matter with Gray, When asked by Gray, Crawford acknowledged his belief that LSS was subject to the Act. Gray asked Crawford for proof of insurance required by the contract. This request was substantially different from the request made earlier to Mochowski and possibly created some confusion. Crawford acknowledged that LSS possessed proof of insurance at the office, but believed that the document was not subject to disclosure under the Act from LSS, and advised Gray that it was available from the Department of Children and Family Services. Gray and Covenant left the office without providing any contact information. When asked why he failed to provide such information, Gray testified he wanted "anonymity," despite being personally present at the office. Once Gray left, LSS had no way to contact him. 17. The next contact LSS had with Gray occurred when he filed the instant lawsuit on July 1, 2014. Oddly, Gray did not identify in his Initial Complaint the documents that he claimed were denied him. Notwithstanding the lack of clarity as to the documents in question, LSS promptly provided Gray Page 5 of 8 documents an July 31, 2014. At a preliminary hearing held September 1, 2014, Shakfeh, with Gray beside him, was unsure whether or not his client wanted more than what had already been provided to him. Nevertheless, LSS offered and the court ordered Shakfeh and Gray an opportunity to inspect documents. 18. The means to request public records under Chapter 119, Florida Statutes, utilized by Gray was unreasonable and a flagrant abuse of the statute. Gray in an effort to ambush LSS, purposely denied LSS any advanced or written notice of his demands, purposely failed to provide any contact information, and purposely appeared on a busy work day in hopes of manufacturing an attorneys' fee, to be shared with Gray. It was nothing more than a scam. 19. Notwithstanding the unreasonableness of the actions of Gray and his associates, Gray obtained the documents in a reasonable time. This was not accomplished by the filing of a lawsuit. The lawsuit served only to provide Gray's contact information to LSS. However, it was not necessary to file a lawsuit in order to merely provide an address or phone number. 20. The actions of Gray, Chandler, and Covenant prove beyond a reasonable doubt that they obtained exactly what they wanted, namely an initial denial of an unreasonable and bogus request. This was accomplished in a manncr purposely designed to prevent LSS from correcting any possible error. 21. Gray and his associates secretly and unlawfully recorded representatives of LSS in a room where those in need of housing or mental health services, or those suffering with AIDS, wait for assistance. The fact that these clients of Page 6 of 8 LSS use this room as a waiting area weighs heavily in favor of finding an expectation of privacy at the time representatives of LSS were secretly recorded. However, by agreement the parties consented to the introduction of the DVD which contained audio recordings. 22. Gray's lawsuits in Duval County prove that he schemes against many private agencies that contract with the state of Florida. These private entities may be subject to the requirements of the Act. In fact, the contract between LSS and the Department of Children and Family Services puts LSS on notice that it is subject to the Act. However, if this court and other courts are willing to condone or reward the type of abuse demonstrated here, private entities may not be as willing to contract with the state of Florida. If a private entity must pay an attorney's fee every time an agent denies a needless request, the cost to the state to provide important services by contracting with private entities will increase; or private entities might discontinue bidding on these contracts. The chilling effect could be disastrous to the State. Further, the Act was not designed to create a cottage industry for so-called "civil rights activists" or others who seek to abuse the Act for financial gain. CONCLUSION The means utilized by Gray to obtain public records was unreasonable. The filing of the lawsuit served nothing more than to provide Gray's address and/or phone number to LSS which could have easily been done by Gray without the necessity of a lawsuit Page 7 of 8 Nevertheless, Gray was provided all unwanted records to photograph and inspect in a reasonable time. Therefore, it is ordered and adjudged that: 1. The Initial Complaint seeking relief under Chapter 119 is denied. DONE AND ORDERED in ChambersJacksonville, Duval County, Florida, this Ist day of December, 2014. Jack M.SchMni Circuit Judge Copies furnished to: Abraham Shakfeh, Esquire Daniel K. Bean, Esquire Page 8 of 8 The Florida Bar v. Spann, 682 So.2d 1070 (1996) 21 Fla C WeeMy §330 -__ 682 Sold 1070 Supreme Court of Florida. THE FLORIDA BAR, Petitioner, V. Ronald T. SPANN, Respondent, Nos. 79345, 81632 and 83455• I duly 18, 2996. 1 Rehearing Denied Oct 17,1996. Disciplinary proceeding was brought. The Supreme Court held that authorization of forged signature on release form, to be signed by client, followed by notarization of signature, coupled with a number of other violations over extended period of time, and insistence that no wrongdoing had occurred, warrants disbarment. Disbarment ordered. West Headnotes (6) III Attornev and Client .I Review Referee's findings of fact regarding guilt, in attorney disciplinary proceeding, any presumption of correctness that should be upheld unless clearly eroneous or without support in record 20 Cases that cite this headnote 121 Attornev and Client Review Absent showing that referee's findings are clearly erroneous or lacking in evidentiary support in attorney disciplinary case, Supreme Court is precluded from reweigbing evidence and substituting its judgment for that of referee. 5 Cases that cite this headnote 131 Attorney and Client - Review Party contending that referee's findings of fact and conclusions as to guilt in attorney Nest disciplinary proceeding are erroneous carries burden of demonstrating that there is no evidence in record to support those findings or that record evidence clearly contradicts conclusions. 20 Cases that cite this headnote 141 Attorney and Client Disbarment; Revocation of License Disbarment is an appropriate punishment when multiple and serious disciplinary offenses have occurred. Cases that cite this headnote 151 Attorney and Client Disbarment; Revocation of License Authorizing forging of signature and subsequent notarization of signature, knowing it to be forgery, constitute "serious misconduct" for purposes of determining whether disbarment is appropriate. Cases that cite this headnote 161 Attornev and Client A Disbarment; Revocation of License Disbarment was appropriate sanction for authorizing forgery of client's nacre to release document, and subsequent notarization of signature, combined with number of other instances of misconduct, over "lengthy period of time," and insistence that no wrongdoing had occurred. West's F.S.A. Bar Rules 34.2 to 34.4, 4-1.2(a), 4-1.5(u, b), 4-I.6(a). (a)(3), 4-3.3(a)(1, 2), (b), 4-5.1(a. b). (c)(1), 4-5.3(a). (b)(1), (c)(I ), 4-5.5(b), 4 -8.4(a -c), 5-1.1. Cases that cite this headnote Attorneys and Law Firms *1070 John F. Harkness, Jr.. Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Kevin P. Tynan, Bar Counsel, Fort Lauderdale, for Complainant Fred Haddad, Fort Lauderdale, for Respondent. Exhibit F The Florida Bar v. Spann, 682 Sold 1070 (1996) 21 Fla. L Weekly 9330 Opinion PER CURIAM. We have for review the referee's report regarding alleged ethical breaches committed by Ronald T. Spann 1 in the course of representing five individual clients over a five-year period, 1988-1993. We have jurisdiction pursuant to article V. section 15 of the Florida Constitution. By agreement of the parties, these cases were consolidated below for purposes of review. We approve the referee's findings of fact and disbar Spam. GSE NUMBER 79,345 The record reflects that; in 1988, Ronald Spann represented Steven Amburgey in a workers' compensation case. Their retainer agreement authorized Spam to hold some of Amburgey's compensation benefits in trustand use it as a fund for compensation so long *1071 as the court approved all attorney's fees and costs. In November 1988, Spam withdrew over $1,000 in attorney's fees and over $100 in costs, but did not file an order with die court requesting approval of these disbursements until the following month. From February through June, 1989, Spam additionally withdrew approximately $400 in fees without court approval. Recognizing that his removal of fiords was improper, Spam opened a new trust account shortly thereafter. Although he deposited $1,491.82 into the new account to compensate for all but $171.14 of the funds which he previously had disbursed to himself without approval, he never returned the difference to the trust account or to Amburgey. Spann then petitioned the court to allow him to disburse the $1,491.82 in the trust account to himself, but failed to inform the court that he previously had withdrawn funds from Amburgey's trust account without approval. The referee concluded that Spann's failure to inform the court of his previous withdrawals was a misrepresentation to the court and also found that Spam committed numerous other ethical breaches while representing Amburgey, For instance, Spam notified Amburgey that he would receive no further compensation benefits until he signed a power of attorney or had his new attorney contact Spam; he failed to return Amburgey's persistent phone calls and letters; be delayed excessively in forwarding compensation funds to Amburgey; he failed to move to withdraw as Amburgey's counsel for Next more tlian two months after he was discharged; and finally, he failed to render competent legal services to Amburgey to his workers' compensation case. In light of these facts, the referee concluded that Spann violated twenty provisions of the Rules Regulating The Florida Bar.2 As to Spann's representation of Leonard Champagne, the record reflects that, in August 1988, Spann entered into settlement negotiations on Champagne's behalfwith Southern Bell's general counsel. Spann negotiated an agreement for Champagne and Southern Bell forwarded the appropriate release fomes to Space's office. However, when Spann could not locate Champagne to execute the releases, Ice instructed one of his nonlawyer employees to forge Champagne's signature on the forms. Spam then notarized the forged signatures as Champagne's. Champagne had not authorized Spann or my of his employees to accept the settlement on his behalf. When Southern Bell learned that the signatures on the release forms were not Champagne's, they demanded that Spann secure judicial approval for his actions. Accordingly, Spann filed a petition for an order to deposit funds into the corm registry, but did not inform the court that (1) he authorized *1072 his employee to sign Champagne's name on the releases and (2) he notarized the forgeries. no referee Pound these actions constituted a fraud upon the court. In addition, the referee found that when Champagne hired Spann, the parties entered into an improper retainer agreement. The agreement provided for, and Champagne paid, a $1,000 nonrefundable retainer fee. Additionally, its terms called for the payment of a forty percent contingent fee on my "award under $1 million after a lawsuit is tiled." Although no lawsuit was ever fled, Spann calculated his attomey's fees as forty percent of the pre-tax settlement with Southern Bell and took a total of $5,206 from Champagne's $7,62232 post -tax settlement. Spam also allowed several of his nonlawyer employees to sign letters "for the favi' which failed to disclose their nonlawyer status, and advertisements for legal services were placed in the phone book for one of his employees, even though the employee was not admitted to practice law in Florida. Finally, the referee noted that Spann was served with o grievance committee subpoena on May 24, 1990, but failed to comply with the notice to produce certain records, t The Florida Bar v. Spann, 682 So.2d 1070 (1996) 21 Fla. CASE NUMBER 81,631 In this case, the record reflects that, in 1991, Spam represented Edward Jenkins in a claim for benefits under his pension plan. Their contingent fee agreement provided that if Spam's services were terminated before reaching a settlement or final judgment, Jenkins would owe Spam for services rendered based on a specified hourly rate schedule. Based upon these facts, the referee found the agreement constituted a penalty clause in violation of rule 4-IS(s)(an attorney shall not charge or collect an illegal, prohibited or clearly excessive fee), because Jenkins would be forced to pay Spam immediately upon discharge even where the contingency had never been met, and that Spann also violated rule 4-5.3(a)(a partner shall make reasonable efforts to =um that a nonlawyer employee's conduct is compatible with the professional obligations of die lawyer).4 As to the Bat's complaint as to Spam's actions comeming Craig Reese, the record reflects that in November 1991, Reese met with Spann about a potential wrongful termination action. At the disciplinary hearing before the referee, Spam testified that Reese retained him, but was unable to produce a retainer agreement or testify about more than the initial consultation. Nevertheless, Spam performed legal services for Reese and not only charged him for die services plus interest, but also revealed confidential information about Reese's case to third parties, After Reese filed a bar grievance, Spann and his employees left messages on Reese's answering machine threatening to continue *1073 to attempt to collect an attorney's fee unless Reese withdraw his grievance. 5 The referee concluded that Reese had never retained Spann and that Spam violated rules 4.1.2(a)(a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the clie t as to the means by which they are to be pursued), 4-1.6(a)(a lawyer shall not reveal information relating to representation of a client unless the client consents after disclosure to the client or unless required), 34.3 (the commission by a lawyer of any act that is unlawful or contrary to honesty and justice may constitute a cause for discipline), 4-5.3(a)(a partner shall make reasonable efforts to ensure that a nonlawyer employee's condmt is compatible with the professional obligations of the lawyer), f\ksi and 4-8.4(d)(a lawyer shall not engage in conduct that is prejudicial to the administration ofjustice). CASE NUMBER 83,455 In this case, the record reflects that in August 1993, Spann notified his client, Star -Lite Pools, that he would no longer be representing Star -Lite in its collection matter. However, the notification letters, which also advised Star -Lite of the statute of limitations applicable to its claims, were authored by two of Spann's nonlawyer employees. Accordingly, the referee found that Spann violated rules 4-5.3(a) and (c) and 4-5.5(b) 6 by failing to adequately supervise his staffand assisting in the unauthorized practice of law because the letters authored by his nonlawyer employees contained legal advice that only a lawyer can give. GUILT 111 121 131 Spam contends that the referee's findings of fact as to all three cases are not supported by the evidence. A referee's findings of fact regarding guilt carry a presumption of correctness that should be upheld unless clearly erroneous or without support in the record Florida Bar v. Var+nim•, 498 So.2d 896,898 (Fla.) 986). Absent a showing that the referee's findings are clearly erroneous or lacking in evidentiary support, this Court is precluded from reweighing the evidence and substituting its judgment for that of the referee. Flarida Bar v. MacMillan. 600 So.2d 457, 459 (Fla. 1992). The party contending that the referee's findings of fact and conclusions as to guilt are erroneous carries the burden of demonstrating that there is no evidence in the record to support those findings or that the record evidence clearly contradicts the conclusions. Florida Bar r..4fiele, 605 So.2d 866, 868 (Fla. 1992). We find that the referee's findings of fact and recommendations conmming guilt as to all counts in all three cases are supported by evidence in the record. Spam has not carried his burden to demonstrate otherwise. DISCIPLINE Finally, we tum to the recommended discipline in this rase. In light of Spann's numerous ethical violations in each of these cases, the referee concluded that Spain's misconduct The Florida Bar v. Spann, 682So.2d 1070 (1996) 21 Fla. L WeeMy 5330 ... .. ... _. _ ... , "evidenced a total disregard for the Rules of Professional Conduct," and recommended that he be suspended for three Years on case number 79,345 and three years on case number 81,631 to run consecutively.? In addition, the referee found as aggravating factors under standard 9.1 of the Florida Standards for Imposing Lawyer Sanctions that (1) Spann had a prior diseiplinmyhistory, (2) his misconduct was motivated by selfishness, (3) he engaged in a pattern ofmiswnduct and multiple offenses, and (4) be had substantial experience in the practice of law. The Bar contends that the serious nature of some of Spar's actions and his pattern of *1074 misconduct over a number ofyeans warrant hispermanontdisbarment On the otherhand, Spann challenges the recommended discipline, contending that should this Court choose to impose any punishment az all, his activities deserve only a public reprimand because any misconduct was unintentional and his clients were not injured. Our review in this area is broad because it is we who bear the ultimate responsibility to order an appropriate sanction in attorney discipline cases. Flarlda Bar r. Anderson, 538 So.2d 852, 854 (F1a.1989). As we have repeatedly stated, discipline must serve three purposes: First, the judgment must be fair to society, body in terms of protecting the public from unethical conduct and at the same time not denying the public the services of a qualified lawyer as a result of undue harshness in imposing Penalty. Second, thejudgment must be fair to the respondent, being sufficient to punish a breach of ethics and at the same time encourage reformation and rehabilitation. Third, the judgment must be severe enough to deter others who might be prone or tempted to become involved in like violations. Flarida Bar r. Lord. 433 Sold 983.996 (Fla,1983)(emphasis omitted). (4) (5) (6) Disbarment is an appropriate where, as here, multiple and serious disciplinary offenses have occurred. Authorizing the forging of a signature and the subsequent notarization of the signature, knowing it to be a forgery, constitute serious misconduct. See Florida Bar r. Dubow, 636 So.2d 1287. 1269 (Fla.1994)(aaomey's notarization of forged signature led, in part, to disbarment); see also Flarida Bar r. de la Puente, 658 So.2d 65 (FIa.1995)(penally of disbarment appropriate when attorney has engaged in cumulative misconduct); Florida Bar r. Knnuler, 572 Sc.2d 1373 Vla.1991xattomcy's neglect and dishonesty constituted cumulative misconduct which warranted disbarment); Flarirlo Bar r. Gatrlen, 566 So.2d 1286 (Fla. 1990) (cumulative nature of attorney's misconduct warranted disbarment rather than two-year suspension recommended by referee); Florida Bar t: Nnvmmn. 513 So.2d 656 (Fla. 1987)(eumulative misconduct warrants disbarment); Florida Bar r. Gall 203 So.2d 324 (FIa1967)(disbannent appropriate where attorney, among other things, forged a document, notarized it, and used it for his own gain). Adding the severity and number of violations here and the lengthy period of time over which these violations occurred, we find the referee's,. recommendation of consecutive suspensions to be inadequate. We also note that Spann, who has close to twenty years of legal experience, continues to maintain that he has done nothing wrong. Thus, we conclude that disbarment is the most appropriate punishment Ronald T. Spar is hereby disbarred fora period of five years and thereatler for an indefinite period until he demonstrates fidl compliance with the rules and regulations governing the admission to the bar and pays the costs of the disciplinary proceedings. Respondent will also be required to demonstrate that he has made restitution as recommended in the referee's report before any petition for readmission to the Har may be granted. The disbarment will be effective thirty days from the filing of this opinion so that Spar can close out his practice and protect the interests of existing clients. After that date, Spar is enjoined and prohibited from the practice of law in this state. If Spar notifies this Court in writing that he is no longer practicing and does not need the thirty days to Protect existing clients, this Court will enter an order making the disbarment effective immediately. Spann shall accept no new business from the date this opinion is filed until the disbarment is completed. Judgment for costs in time amount of $6,020.07 is entered in favor of The Florida Bar and against Ronald T. Sparer, for which sum let execution issue. It is so ordered. punishment KOGAN, CJ., gad OVERTON, SHAW, GMMES, HARDING, WELLS and ANSTEAD, JJ., concur. The Florida Bar v, Spann, 682 So.2d 1070 (1996) -'_ _._ .. __.... .....__ .—_- -— ....-' 21 Flo. L WeekIyS33D •. _...-.. .... . . _ —_ Parallel Citations 21 Fla. L. Weekly S330 Footnotes I Spasm was admitted to practice in Florida in 1984. He was admitted to practice in New York and Washington, D,C. in 1977. He previously was sanctioned by this Court for negla r of a legal matter in 1987, and for charging a clearly tacesaive fee in 1993. Z Rules 34.2 (violation of the Rules of professional Conduct is cause for discipline), 343 (the commission by a lawyer of any act contrary to honesty and Justice may constitute a cause for discipline), 34.4 (the commission of criminal misconduct is cause for discipline), 4.1.5(x) (an attorney shall not charge or colloct an Illegal, prohibited Or clearly excessive fee), 4.1.15(a) (a lawyer shall hold finds in not separate firm the lawyees own property), 4-1.15(b) (a lawyer shall promptly deliver to his client any funis that the client is entitled to receive), 4-1,16(a)(3) (a lawyer shall withdraw if the lawyer is discharged), 4-3.3(x)(2) (a lawyer shall not knowingly fall to disclose a material toot to a tribunal), 4-33(b) (a lawyer has a continuing duty to inform the tribunal of false statements made to the mbunal), 4-5.1(a) (a partner in a law firm shall make reasonable efforts to emo m that all lawyers in the firm conform to the Rules of Professional Conduct), 4.5.1(b) (a lawyer having direct supervisory authority over another shall make reasonable efforts to ensure that the lawyer confotma to the Rules of Professional conduct),4-5.1(cxl) (a lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if the lawyer orders or ratifies the conduct), 4-53(a) (a partner shall make reasonable efforts to ensure that a nonlawyer employees conduct is compatible with the professional obligations of the _ lawyer), 4.53(b) (a Is"= having direst svpervisotp anthmity ofaonlawyer employees shall make reasonable efforts to eo oro that the nonlawyces conduct is compatible with the professional obligations ofthe lawyer), 4-5,3(e)(1) (a lawyer is responsible for a malawyer employee's conduct that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer), 4-8.4(a) (a lawyer shall not violate the Was of Professional Responsibility), 4-8.4(b) (a lawyer shall not commit a criminal act), 4-8.4(c) (a lawyer shall not engage in conduct involving dishonesty, feud, deceit, or misrepresentation), 4-8.4(d) (a lawyer shall not engage in conduct that is prejudicial to the administration of jusdee), and 5-1 .1 (money entrusted for a specific purpose is held in trust and must be applied only n that purpose). Thus, the mferee concluded that Spann violated rules 34.2 (violation of the Rules of Professional Conduct is cause for diacipline), 343 (the commission by a lawyer of any act contrary to honesty and justice may constitute a cause for discipline), 34.4 (the commission of criminal misconduct is cause for discipline), 4-1.5(s) (an attorney shall not charge or collect an illegal, prohibited or clearly excessive fee), 4-3.3(axl) (a lawyer shall not knowingly make a false sawmcm of material act ter law to a tribunal), 4-3.3(a)(2) (a lawyershall nocknowingtyail to disclose amaterial ftetto atribunal),4-5.3(a)(a parmersimn make ts, nablo efforts to ensure that a mrilawyer employees conduct is compatible with the professional obligations of the lawyer), 4-5.3(b) (a lawyer having direct supervisory authority ofnoulawyer employees shall make reasonable efforts to ensure that the nmlawyer's conduct is compatible with the professional obligations of the lawyer), 4-5.3(cx1) (a lawyer is responsible for a nonlawyer cmployee's conduct that would be a violation of the Rules of Professional Conduct Ifengaged in by a lawyer), 4-53(b) (a lawyer shall not assist a person who is not a member of the bar in the performance ofactivlty that constitirles the unlicensed practice of law), 4-8.4(a) (a lawyer shall not violate the Rules of Professional Responsibility), 4-8.4(b) (a lawyer shin not commit a crimival act), 4.8.4(c) (a lawyer shall not engage in conduct involving dishonesty, feud, deceit, or misrepresentation), and 4-8.4(d) (a lawyer shall not engage in conduct that is prejudicial to the administration of justice), The referee further noted that Spann also allowed one of his mnlaayer etttploycm to sign a letter concerning Jenkins' case "for the firm" without disclnsing his nonlawyer status. Once again, Spann allowed his nonlawyer employees to sign tetras "for the iron" without disclosing their nonlawyer status. Respectively. a partner shall make ressonable efforts to eosme that a nonlawyer employee's conduct is compatible with the professional obligations of the lawyer, a lawyer shall be responsible for conduct of nonlawyer employees that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer, and, a lawyer shall not assist a person who is not a number of the bar in the performance of activity that constitutes the unlicensed practice of law. The referee declined to recommend the imposition of any additional punishment for Span's ethical breaches incase number 83,455. End of Document ^A 2015 Thmnsun Reuters. No dame to Or,01nal 11 S Govmnnlenl Wicks