Loading...
HomeMy Public PortalAboutPRR 16-2436RECORDS REQUEST (the "Request") Date of Request: 12/13/2016 Requestor's Request IDA: 1361 REQUESTEE: Custodian of Records Sweetapple, Broeker & Varkas Custodian of Records Jones, Foster. Johnston & Stubbs Custodian of Records Town of Gulf Stream Custodian of Records Richman Greer, P.A. Custodian of Records Cole Scott & Kissane Custodian of Records Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. REQUESTOR: Martin E. O'Boyle REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com Fax: 954-360-0807 or Contact Records Custodian at records(a4commerce-group.com; Phone: 954-360-7713; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442 REQUEST: 1. Provide conies of all records including, without limitation, all billings, all invoices, all statements (the "Invoices") and all payments made in connection with or on account of any such Invoices applicable to the law firm of Sweetapple, Broeker & Varkas. P.L. (including Robert Sweetapple singularly) (the "Sweetapple Firm") for the billing periods November. 2015. through November. 2016 (the `Billings"). 2. Provide all time records, time sheets and other records including, without limitation, all communications, memos and other writings relative to all Invoices applicable to the Sweetaoole Firm (as defined in Paragraph 1 above). 3. Provide copies of all records including, without limitation, all communications, memos, emails, letters and other writings between the Sweetapple Firm (as defined in Paragraph 1 above) and the Town of Gulf Stream (as defined below). ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its Commissioners, its Manager, its employees, its officers, its staff, its Police Department, its Police Officers: including, without limitation, the attorneys, employees and partners of the following law firms: Sweetaoole. Broeker & Varkas: Richman Greer, PA: Jones, Foster. Johnston & Stubbs: Cole. Scott & Kissane. P.A.: and Johnson Anselmo Murdoch Burke PIDer & Hochman. P.A. THIS REQUEST IS MADE PURSUANT TO ARTICLE I, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119, FLORIDA STATUTES IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED. SEE 1�19.01(21(F). FLORIDA STATUTES IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (21 ALSO PLEASE TAKE NOTE OF Q119.07H1(H) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT -IF A CIVIL ACTION IS INSTITUTED WITHIN THE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECT TO THE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OFT] IE RECORD EXCEPT BY ORDER OF A COURT OF COMPETENT.JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES." ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY E-MAIL DELIVERY. PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE. It will be required that the Requester approve of any costs, asserted by the Agency (as defined in Florida Statute, Chapter 119.01 (Definitions)), in advance of any costs Imposed to the Requestor by the Agency. "BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES". I/PMP/FLRR 11.04.2016 TowN of GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 16, 2016 Martin E. O'Boyle [mail to: records(o),commerce-grouo.com] Re: GS #2436 (PRR 1361) 1. Provide copies of all records including, without limitation, all billings, all invoices, all statements (the "Invoices') and all payments made in connection with or on account of any such Invoices applicable to the law firm of Sweetapple, Broeker & varkas, P.L. (including Robert Sweetapple singularly) (the "Sweetapple Firm) for the billing periods November, 2015, through November, 2016 (the "Billings'). 2. Provide all time records, time sheets and other records including, without limitation, all communications, memos and other writings relative to all Invoices applicable to the Sweetapple Firm (as defined in Paragraph 1 above). 3. Provide copies of all records including, without limitation, all communications, memos, emails, letters and other writings between the Sweetapple Firm (as defined in Paragraph 1 above) and the Town of Gulf Stream (as defined below). Dear Martin E. O'Boyle [mail to: records@commerce-group.coml: The Town of Gulf Stream has received your public records request dated December 13, 2016. The original public records request can be found at the following link: hgp://www2. gulf -stream. orp,/weblink/0/doc/ 104091 /Page l . asRx 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, Rte Raw" >V" As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 18, 2017 Martin E. O'Boyle [mail to: records(a)commerce-eroup.coml Re: GS #2436 (PRR 1361) 1. Provide copies ofall records including, without limitation, all billings, all invoices, all statements (the "Invoices') and all payments made in connection with or on account of any such Invoices applicable to the lawfirm ofSweetapple, Broeker & Farkas, P.L. (including Robert &veetapple singularly) (the "Sweetapple Firm') for the billing periods November, 2015, through November, 2016 (the "Billings'). 2. Provide all time records, time sheets and other records including, without limitation, all communications, memos and other writings relative to all Invoices applicable to the Sweetapple Firm (as defined in Paragraph 1 above). 3. Provide copies ofall records including, without limitation, all communications, memos, emails, letters and other writings between the Sweetapple Firm (as defined in Paragraph I above) and the Town of Gulf Stream (as defined below). Dear Martin E. O'Boyle [mail to: records(a,commerce-groun.coml: The Town of Gulf Stream received your public records request on December 13, 2016. You should be able to view your request and partial response at the following link: http://www2.j.-ulf-stream.org/weblink/O/doc/104091/Pai!el.asDx We are reading your above request to mean November 2015 through November 2016 on all counts. If this is not correct, please clarify. The Town has spent at least 15 minutes on your request and now estimates that to respond to (1.) of your request above will require approximately one and a half hours of paralegal time at $125.00 per hour and a half hour of Attorney time at $350.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). For (2.) above, you have failed to identify with sufficient particularity the records you seek. The Town requests clarification of records "relative to all Invoices." Once we receive your clarification, the Town will provide you with responsive records or an estimated cost to respond. For (3.) above, we are giving you a partial production at the above link and estimate approximately one hour of paralegal time at $125.00 per hour, one hour of Attorney time at $350.00 per hour and a half hour of administrative support at $37.34 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § 119.07(4)(d). In an abundance of caution to make sure we are responding fully to your request for "all records" we estimate a half hour of IT support at $95.00 per hour, the labor cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). If the costs of producing these documents will exceed your deposit, the Town will provide you with an initial production of responsive records and an estimate for the production of any additional responsive records. If the costs of production are less than the deposit, the Town will provide you with the responsive records and a refund. (Two and % hour @ $125.00 = $312.50) + (One and '% hour @ $350.00 = $525.00) + (1/2 hour @ $37.34) + (1/2 hour @ $95.00) = Deposit Due: $903.67 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, A� jz" Raw" D►�uc As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent: Tuesday, January 19, 2016 8:11 PM To: Cercatore della Verita Cc: Rita Taylor, Scott Morgan; scottmorgan75@gmail.com; publicrecordsrequest@mydelraybeach.com; Sandy Brandt; Beau Delafield; lalexander@jonesfoster.com; grichman@richmangreer.com Subject: Re: Request to Inspect a Public Record. I.D. Number 0012 I have deleted this as spam. Don't know if it is a person or contains virus. Regards, Bob Sweetapple On Jan 19, 2016, at 6:03 PM, Cercatore della Verita <archiverecordbuilder(@grnail.com> wrote: Public Record Request Date Request First Made: Jan 19, 2015 Request I.D.Number: 0012 REQUESTEE: Town of Gulf Stream et al. REQUESTOR: Cercatore della Verita REQUESTOR'S CONTACT INFORMATION: Direct all responses and communication to Cercatore della Verita at email address: archiverecordbuilder([),email.com REQUEST: Please provide for my inspection the public records which are: The three most recent Town checks received by Jones, Foster, Johnston & Stubbs P.A., The three most recent Town checks received by Sweetapple Broeker & Varkas P.L,., The three most recent Town checks received by Richman Greer, P.A. ADDITIONAL INFORMATION OF REQUEST: *Town of Gulf Stream is a tern used herein for convenience and expedience. The collective meaning of the term Town of Gulf Stream includes all of each of the Town of Gulf Stream, Jones, Foster, Johnston & Stubbs P.A., Sweetapple Stucker & Varkas P.L., Richman Greer, P.A., and others including but not limited to other entities substantially similar to those entities named in addition to all employees, partners, owners, appointees and elected members of those entities (collectively, the REQUESTEE). REQUESTOR seeks to inspect the aforementioned public records as soon as possible and therefore notifies all or most all of the above referenced known REQUESTEE by copy of this email and asks that theyjointly and severally act to produce all records responsive to this request. This request for public records is intended to be made to the Custodian of Public Records or the person having custody of public records or his or her designee for each and every member of that collective group. If you are not that person then I ask that you forward this request to that person. If the Custodian of Public Records or the person having custody of public records designates another person to permit the inspection or copying of public records by fulfilling this request please provide the identity of the designee as per FS 119.07(1)(b). I ask that you acknowledge this request promptly and make a good faith effort to respond including making reasonable efforts to determine from others the existence and location of all responsive records as per 119.07(1)(c). Refer to FS 119.011(12) for the legislative definition of public records that maybe responsive to this request I request that records be produced in the original electronic format in which they were created or received if the records sought in this request are maintained by you in electronic format. Any costs authorized by statute you expect to incur in the process of fulfilling this request (if any) must be approved by me in advance of you incurring that cost. No obligation to pay such costs will be agreed to by REQUESTOR unless written approval to incur that cost is first granted by REQUESTOR. By providing records to me it will be assumed that you have provided ALL records responsive to my request unless you indicate that your response is limited to only a partial production of responsive records. By fulfilling this record request, you acknowledge that the responsive documents you provide are "public records" as defined and described by Florida Statutes Chapter 119. Records containing permanently or temporarily exempt information must be carefully redacted so as not to redact any portion of the record which is not exempt and is therefore subject to disclosure (please refer to (FS 119.011(13) and 119.07(I)(d). State the basis for the exemption as per FS I19.07(lXe). I request that the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential as per FS 119.07(1)(f). If you claim a record does not exist, it will be assumed that the record never existed unless you indicate that the record once existed but no longer exists. In all cases if a record that would otherwise be responsive to this request no longer exists but once existed, then provide the record of its disposition. The disposition record, as required by FS 119.021(2) and FS 257.36 must include a retention schedule number, item number, record series title, inclusive dates, volume (if required), disposition action and date. Please identify all responses to this request with the Request I.D. Number which is assigned to this request and noted at the top of this page. This request is made pursuant to Article 1, Section 24 of the State of Florida Constitution and Florida Statutes Chapter 119. Refer to the entire Florida Statute Chapter 119 for information about all your obligations when responding to this request. I specifically request you adhere to all provisions of Chapter 119 when responding to this request. REQUESTOR reserves his rights to inspect public records, granted by the Florida Constitution and Florida State Statutes, considers those rights to be of utmost importance and is dedicated to defending and protecting those rights. REQUESTOR herein notices REQUESTEE that, when appropriate, REQUESTOR may petition a court of competent jurisdiction to enforce those rights and seek reasonable costs of enforcement including reasonable attorney fees as per FS 119.12. Renee Basel From: Cynthia Miller <cmiller@sweetapplelaw.com> Sent: Thursday, February 18, 2016 12:09 PM To: scottmorgan75@gmail.com; Rita Taylor, Bill Thrasher Cc: Robert Sweetapple; OConnor, Joanne M. (JOConnor@jonesfoster.com) Subject: Report re: ongoing Gulf Stream litigation Attachments: 2.18.16 - RAS letter report to Town re pending claims.pdf Good afternoon, Please see attached correspondence from Bob Sweetapple. Thank you. CYNTHIA J. MILLER Certified Paralegal/Florida Certified Paralegal/Florida Registered Paralegal Sweetapple, Broeker & Varkas, P.L. 20 SE 3rd Street Boca Raton, FL 33432 (561) 392-1230(t) x. 305 (561) 394-6102(f) cmiller@sweetaoDlelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. LAW OFFICES OF SWEETAPPLES BROEKER & VARKAS3 P.L. DOUGLAS C BROEKER, P.A. 44 West Flag er Sired Sit ISM M'twni, Florida 3313"17 Telephone; (305) 374-5623 Paaltnik: (305)3SE-1023 ROBERT A. SWEETAPPLE'," DOUGLAS C. BROEKER ALEXANDER D. VARKAS, IR. KADISHAD.PHELPS ALEXANDER D. VARKAS, III ASHLEIGH M. GREENE BERKLEY SWEETAPPLE VITAL.E • nwwcenrneocsueasunwrsrarmasar •• aoaaa caarawoaw.nuu.,sravuxe February 18, 2016 VIA EMAIL Scott W. Morgan, Mayor. - Town of Gulf Stream Commission 100 Sea Road Gulf Stream, Florida 33483 SWEETAPPLE d: VARKAS, P.A. 20 S.E. 30 Street Boca Raton, Florida 33432-6914 Telephone: (361) 392-1230 Facsimile'. (361) 394-610-'' Plcmlkply Ta: BacaRatan rswectapple@—etapplelaw.com maricas sweetappieiaw.eom ejvarins¢jswattapgclaw.wm bvitak@rweetapplelow.com obailey@sweetapplclaw.mm dcmith@3%cctapplelaw.com Re: Martin O'Boyle, Jonathan 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 I. Loneaort, 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 Longport, New Jersey in 2007, when he was cited for a zoning violation. Mr. O'Boyle is reported to have filed 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 E O'Boyle v. Peterlsen, 2014 WL 340104 (NJ. Super. A.D.) (a defamation case that Mr. O'Boyle brought and lost) the Superior Court of New Jersey, Appellate Division, noted: From September 2007 through early July 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. 47:1 A-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 want to the emergency room because of the stress she attributed to the flood of OPRA requests. And, in February 2006, the Mayor Scutt Morgan February 18, 2016 Town 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 governmental 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. II. Tennessee In state court litigation in Tennessee, in the case of New Midland Plaza Associates, et. al. v. Wachovia, et. al., Case Number &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 .... ile_defendants.... The purpose and strategy manifested itself in O'Boyle's repeatedly making arguments and taking positions—irrespective of their merits—that would maximize the inconvenience and costs to defendants. More than seven years of 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, which motions "served dual improper purposes of attempting to 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. III. The Palm Beach County State Attorne 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 191 Judicial Circuit State Attomey Bruce Colton... that included 874 requests to Bruce Colton, State Attorney on the Treasure Coast, and 454 requests to Dave Arenberg, 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 2013, alter 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 OmCPS OF S W EEEAPP" BRUM.1t & VARKAS, 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 he sought 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'Hare began inundating the Town with public records requests. From late August 2013, when the Town began keeping detailed logs until the end of the year, Mr. O'Hare 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 dozen 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 alfiliatedwith them continued to make hundreds of public records requests to the Town over the past 2 Y: years. Ultimately, they have made approximately 2,000 public records requests. These have included numerous requests by Mr. O'Hare using pseudonyms mocking Town officials such as: Gonna White, Groan Orthwein, Billy Trasher and Bobby Gangrene. Requests have also been routinely made by email in high volumes and outside of regular business hours, making itnearly impossible for Town staff to keep up. This includes 40 requests made in a 4 hour period on a Sunday. V. Citizens Awareness Foundation, Inc. During July of 2014 I received an unsolicited email from Joel Chandler, a former Director of Citizens Awareness Foundation, Inc, ("CAFPJ, an alleged Florida not-for-profit Company. Mr. Chandler advised and swore in an affidavit that CAN 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 collect 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 entails attached as composite Exhibit "A'). As a result of these alleged activities, Mr. Chandler quit his job and stated that he was notifying victims of this conduct. He 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 CAFI without Mr. Chandler's knowledge or approval. Public records reveal that on behalf of CAFI as of one year ago, the O'Boyle Law Firm, has filed more than 100 lawsuits against various government entities, government contractors and not-for-profit LAW OMC13OF SW EErAPPLC BROLKER& VARRAS. P.L. Mayor Scott Morgan February 19, 2016 Town of Gulf Stream 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. Pendine Litieation Currently pending against the Town arenearly 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 public 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, Bill Thrasher, Special Magistrate Lara Donlon, Chief Ward and Marry Minor with Urban Design Kilday for alleged Federal and Stale 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 was just affirmed on appeal by the Federal Appeals Court and resulted in a favorable fee award against Mr. O'Boyle for his frivolous filing. None 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 firm 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. Ethics 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 Palm 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, Conclusion 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 kw Omcu OF SWEFTAPPLL BaOEKEa h VARKA5, P.L Mayor Scott Morgan February 18.2016 Town of Gulf Stream Commission page 15 government. It is clear to me that the O'Boyles and Mr. O'Hare 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 Low OmcFs or SWEETAPPLr. BROECER h VAaw.P.L 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. I 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. 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 CAFI, 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" 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 CAP 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 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 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 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 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 CAFI 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, 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 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 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 CAFI, had filed lawsuits, without my knowledge or authorization. 26. 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 1 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 4 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 CAF]. 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 tum -off the spigot of money". 35. Jonathan O'Boyle advised me that he was not a member of the Florida Bur 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. CAR 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, CAR 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 CAR 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 1 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. Afler 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 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. 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, CAFI and the O'Boyle Law Firm, t 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 CAFFs 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 firths 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 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 will be used by opponents of open goverrunent as an excuse to limit the public's right to know. FURTHER AFFIANT SAYETII NAUGH . JOELfAANDLER SWORN TO AND SUBSCRIBED before me this' day of October, 2014. �y'fi: AMBER COLSON KELLY Notary Puelic . Stale of Florida ° 1 z My Comm. Expires May 31, 2015 eemmlSSIGn M EE 166909 Personalty known Produced Identification Identification produced: Fi_ 11 C, NOTARY PUBLIC M� ku.i 1 - Printed Name of Notary My Commissions Expires:y 31,2p 1s Page I of 1 From: 'Ryan Witmer" <rwiuner(@commcrcc-group.com> Date: Tuesday, January 14, 2014 6:27 PM To: "Joel Chandler" <joel.chandlra(alfogwateh.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 [mailto joel.chandler@fogwatch.org) Sent: Sunday, January 12, 2014 4:08 PM To: Ryan Witmer Subject: New case 1 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.chandier@foowatch.org www.FogWatch.org Page 1 of 3 From: "Ryan Witmer" <rwitmer@eommcrce-goup.cum> Date: Wednesday, January 15, 2014 9:59 AM To: "Joel Chandler" <joel.chandler(a fogwatch,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 Imailtojoel.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 isjust to pay the filing fees and go for the throat and get paid 7/1(MMA Pagc 2 of 3 quickly. Joel Chandler (863) 660-4244 ioel.chandier@fogwatch.org www.Fog-Watch.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 [mailto joel.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 > joel.chandler@fogwatch.org > www.FogWatch.org 7/16/MIA Page 3 of 3 7/16/2014 Renee Basel From: Christine Knadle <cknadle@sweetapplelaw.com> Sent: Tuesday, May 3, 2016 12:16 PM To: 'JOConnor@jonesfoster.com' Cc: Robert Sweetapple; Cynthia Miller; Bill Thrasher Subject: Letter from William Thrasher Attachments: 4.19.16 -Thrasher Itr. re Furnishing Information for Audit.pdf Good afternoon. Please see the attached letter from William Thrasher dated 4/19/16. Bob requests that it would probably be more appropriate if you respond to the auditors. Thank you. CHRISTINE KNADLE Administrative Assistant Sweetapple, Broeker & Varkas, P.L 20 SE 3rd Street Boca Raton, FL 33432 (561) 392-1230(t) x. 306 (561) 394-6102(f) cknadle(aDsweetaoolelaw.com www.sweetapplebroeker.com TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS SCOTT W. MORGAN, Mayar ROBERT W. GANGER, VIe Mayor JOAN k ORTHWEIN THOMAS M. STANLEY DONNAS. WHITE Sweetapple, Broeker, Varkas, P.L. 20 South East 3ie. Street Boca Raton, FL 33432 F� s� k. - C'C ` April 19, 2016 Our auditors, Nowlen, Holt & Miner, P.A., 515 North Flagler Drive, Suite 1700, West Palm Beach, Florida 33401, are conducting an audit of our financial statements at September 30, 2015 and for the year then ended. This letter will serve as our consent for you to famish to our auditors all the information requested herein. Accordingly, please provide to them the information requested below involving matters with respect to which you have been engaged and to which you have devoted substantive attention on behalf of the Town of Gulf Stream, Florida in the form of legal consultation or representation. Pending or Threatened Litigation (excluding unasserted claims and assessments) Please prepare a description of all material pending or threatened litigation, claims, and assessments (excluding unasserted claims and assessments). Materiality for purposes of this letter includes items involving amounts exceeding $5,000 individually or in the aggregate. The description of each case should include: a. the nature of the litigation; b. the progress of the case to date; C. how management of the Town of Gulf Stream is responding or intends to respond to the litigation; e.g., to contest the case vigorously or to seek an out-of-court settlement; and d. an evaluation of the likelihood of an unfavorable outcome and an estimate, if one can be made, of the amount or range of potential loss. Also, please identify any pending or threatened litigation, claims, and assessments with respect to which you have been engaged but as to which you have not devoted substantive attention. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Telephone (561)176-5116 Fn (561)737-0188 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Our auditors, Nowlen, Holt & Miner, P.A., 515 North Flagler Drive, Suite 1700, West Palm Beach, Florida 33401, are conducting an audit of our financial statements at September 30, 2015 and for the year then ended. This letter will serve as our consent for you to famish to our auditors all the information requested herein. Accordingly, please provide to them the information requested below involving matters with respect to which you have been engaged and to which you have devoted substantive attention on behalf of the Town of Gulf Stream, Florida in the form of legal consultation or representation. Pending or Threatened Litigation (excluding unasserted claims and assessments) Please prepare a description of all material pending or threatened litigation, claims, and assessments (excluding unasserted claims and assessments). Materiality for purposes of this letter includes items involving amounts exceeding $5,000 individually or in the aggregate. The description of each case should include: a. the nature of the litigation; b. the progress of the case to date; C. how management of the Town of Gulf Stream is responding or intends to respond to the litigation; e.g., to contest the case vigorously or to seek an out-of-court settlement; and d. an evaluation of the likelihood of an unfavorable outcome and an estimate, if one can be made, of the amount or range of potential loss. Also, please identify any pending or threatened litigation, claims, and assessments with respect to which you have been engaged but as to which you have not devoted substantive attention. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 Unasserted Claims and Assessments We have represented to our auditors that there are no unasserted possible claims or assessments that you have advised us are probable of assertion and must be disclosed in accordance with FASB Accounting Standards Codification 450, Contingencies. We understand that, whenever, in the course of performing legal services for us with respect to a matter recognized to involve an unasserted possible claim or assessment that may call for financial statement disclosure, if you have formed a professional conclusion that we should disclose or consider disclosure concerning such possible claim or assessment, as a matter of professional responsibility to us, you will so advise us and will consult with us concerning the question of such disclosure and the applicable requirements of FASB Accounting Standards Codification 450, Contingencies (excerpts of which can be found in the ABA's Auditor's Letter Handbook). Please specifically confirm to our auditors that our understanding is correct. Response Your response should include matters that existed as of September 30, 2015, and during the period from that date to the effective date of your response. Please specify the date of your response if it is other than the date of reply. Please specifically identify the nature of, and any reasons for, any limitations on your response. Other Matters Please also indicate the amount we were indebted to you for services and expenses on September 30, 2015. Sincerely, William H. Thrasher Town Manager Renee Basel From: Bill Thrasher Sent: Tuesday, May 3, 2016 12:26 PM To: Christine Knadle Subject: RE: Letter from William Thrasher Christine, Unfortunately the auditors will not accept the Town's positional document or certification on this matter. It must come from Mr. Sweetapple and thus representing an independent and unbiased declaration. if From: Christine Knadle [mailto:cknadle@sweetapplelaw.com] Sent: Tuesday, May 3, 2016 12:16 PM To: 'JOConnor@jonesfoster.com' <JOConnor@jonesfoster.com> Cc: Robert Sweetapple <rsweetapple@sweetapplelaw.com>; Cynthia Miller <cmiller@sweetapplelaw.com>; Bill Thrasher <bthrasher@gulf-stream.org> Subject: Letter from William Thrasher Good afternoon. Please see the attached letter from William Thrasher dated 4/19/16. Bob requests that it would probably be more appropriate if you respond to the auditors. Thank you. CHRISTINE KNADLE Administrative Assistant Sweetapple, Broeker & Varkas, P.L 20 SE 3`d Street Boca Raton, FL 33432 (561) 392-1230(t) x. 306 (561) 394-6102(f) cknadle PsweetaDDlelaw.com www.sweetapplebroeker.com Renee Basel From: Robert Sweetapple <rweetapple@sweetapplelaw.com> Sent: Tuesday, May 3, 2016 1:47 PM To: Christine Knadle Cc: JOConnor@jonesfoster.com; Cynthia Miller; Bill Thrasher Subject: Re: Letter from William Thrasher Bill I was suggesting Joanne prepare the response. If you need me to I'm happy to oblige. Regards, Bob Sweetapple > On May 3, 2016, at 12:16 PM, Christine Knadle <cknadle@sweetapplelaw.com> wrote: > Good afternoon. Please see the attached letter from William Thrasher dated 4/19/16. Bob requests that it would probably be more appropriate if you respond to the auditors. Thank you. > CHRISTINE KNADLE > Administrative Assistant > Sweetapple, Broeker & Varkas, P.L. > 20 SE 3rd Street > Boca Raton, FL 33432 > (561) 392-1230(t) x. 306 > (561) 394-6102(f) > cknadle@sweetapplelaw.com<mailto:cknadle@sweetapplelaw.com> > www.sweetapplebroeker.com<http://www.sweetapplebroeker.com> > <4.19.16 -Thrasher Itr. re Furnishing Information forAudit.pdf> 1 Renee Basel From: Bill Thrasher Sent: Tuesday, May 3, 2016 2:50 PM To: Robert Sweetapple Subject: RE: Letter from William Thrasher It is my understanding that you provided one last year. This may save some time. Joanne may call you also with a suggestion. -----Original Message ----- From: Robert Sweetapple [mailto:rsweetapple@sweetapplelaw.com] Sent: Tuesday, May 3, 2016 1:47 PM To: Christine Knadle <cknadle@sweetapplelaw.com> Cc: JOConnor@jonesfoster.com; Cynthia Miller <cmiller@sweetapplelaw.com>; Bill Thrasher <bthrasher@gulf- stream.org> Subject: Re: Letter from William Thrasher Bill I was suggesting Joanne prepare the response. If you need me to I'm happy to oblige. Regards, Bob Sweetapple > On May 3, 2016, at 12:16 PM, Christine Knadle <cknadle@sweetapplelaw.com> wrote: > Good afternoon. Please see the attached letter from William Thrasher dated 4/19/16. Bob requests that it would probably be more appropriate if you respond to the auditors. Thank you. > CHRISTINE KNADLE > Administrative Assistant > Sweetapple, Broeker & Varkas, P.L. > 20 SE 3rd Street > Boca Raton, FL 33432 > (561) 392-1230(t) x. 306 > (561) 394-6102(f) > cknadle@sweetapplelaw.com<mailto:cknadle@sweetapplelaw.com> > www.sweetapplebroeker.com<http://www.sweetapplebroeker.com> > <4.19.16 -Thrasher Itr. re Furnishing Information for Audit.pdf> Renee Basel From: Robert Sweetapple <rweetapple@sweetapplelaw.com> Sent: Tuesday, June 28, 2016 7:46 PM To: Bill Thrasher, Rita Taylor Subject: Court Sanctions re Martin O'Boyle Conduct today Attachments: Order - Order denying Plaintiff's Motion to Compel & Request for Order to Show Cause DE 114 & Granting Candace Friis' Motion for Protective Order DE 138 - [DE 157].pdf, ATT00001.txt Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Civil No. 14-cv-81250-MARRA/MATTHEWMAN MARTIN O'BOYLE, Plaintiff, V. I FILED by ROBERT A. SWEETAPPLE and JUN 2 8 2016 TOWN OF GULF STREAM, STEVENld. LARIAIQRE CLERK U °. OIST. CT. Defendants. s o. of FLA. - vV ee. ORDER DENYING PLAINTIFF'S MOTION TO COMPEL AND REQUEST FOR ORDER TO SHOW CAUSE [DE 1141 AND GRANTING CANDACE FRITS' MOTION FOR PROTECTIVE ORDER WE 1381 THIS CAUSE is before the Court upon Plaintiff, Martin E. O'Boyle's ("Plaintiff') Motion to Compel Compliance with Subpoena for Videotaped Deposition and Request for Order to Show Cause Why Non-party Candice Friis Should Not be Held in Contempt [DE 114] and Memorandum [DE 115], as well as Non -Party Candice Friis' Motion for Protective Order [DE 138]. These matters were referred to the undersigned by United States District Judge Kenneth A. Marra. See DE 17. The Court has carefully reviewed the motions, Plaintiffs Response in Opposition to Candace Friis' Motion for Protective Order [DE 137], and Defendant, Town of Gulf Stream's Response to Motion for Protective Order Filed by Non -Party Candace Friis [DE 139], as well the entire docket in this case. The matter is now ripe for review. The Court finds as follows: L Background Plaintiff, who is proceeding pro se in this case, endeavored to subpoena a non-party, Candace Friis, for a videotaped deposition in this case. The subpoena was served on Ms. Friis on Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 2 of 9 May 31, 2016 for a June 6, 2016 deposition. The discovery cut-off in this case was June 8, 2016. Plaintiff failed to tender a check to Ms. Friis for witness and mileage expenses at the time of service of the subpoena. Upon receipt of the deposition subpoena, Ms. Friis promptly advised Plaintiff on June 1, 2016, that she would be out of the country on June 6, 2016, and could not attend the deposition. [DE 115, p. 9, Ex. 'B"]. However, Plaintiff asserts that "...Candace Friis has willfully defied this Court's subpoena power in not appearing for her deposition and seeking relief from her obligation to do so." [DE 115,T 21. Plaintiff argues that Ms. Friis' failure to appear for the deposition was without adequate excuse "and constitutes grounds for a finding of contempt...." Id. at 118. He alleges that Ms. Friis' "willful defiance of a subpoena is contemptuous", and he additionally seeks "monetary sanctions" including an award of attorney's fees and costs. Id, at ¶ 22. Plaintiff seeks to compel Ms. Friis' deposition and urges a finding by the Court that any objections of Ms. Friis have been waived. Although Ms. Friis promptly advised Plaintiff on June 1, 2016, that she would be out of the country on June 6, 2016, Plaintiff nonetheless went forward with the deposition scheduled for June 6, 2016. [DE 115, p. 12, Ex. "D"]. In attendance at that deposition were Plaintiff, his assistant Doug Stacey, counsel Joshua A. Goldstein, Esq. (by phone), for Defendant Sweetapple, and counsel Hudson Gill, Esq., for Defendant Morgan. Id. at pp. 12-16. At the start of the deposition, Plaintiff stated, "[clurrently, it is 9:15 a.m, and we have not heard from the witness, Ms. Friis, nor has she shown up at the deposition...." Id. at p. 14, lines 14-16. Plaintiff further stated: "Itis 9:35 a.m. Myself and Mr. Gill and Mr. Stacey and, of course, the court reporter, have been sitting here. Ms. Candace Friis has not shown up for the deposition. 1 point out that she 2 Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 3 of 9 also did not email me with any type of message, nor has she called me with any type of message." Id at p. 15, lines 3-9. However, despite the above statements made by Plaintiff on the record at the June 6a' deposition, Ms. Friis had, in fact, emailed Plaintiff on June 1, 2016, stating that she would be out of the country on June 6`h. [DE 115, p. 9, Ex. `B"]. Ms. Friis had even provided Plaintiff with a copy of the boarding pass for her flight. Ms. Friis subsequently contacted an attorney to communicate directly with Plaintiff, and that attorney, Damon E. Glasser, Esq., wrote to Plaintiff on June 10, 2016, and demanded that Plaintiff withdraw his Motion to Compel against Ms. Friis by June 13, 2016. [DE 137, pp. 9-10, Ex. "C"]. Plaintiff has refused to withdraw his motion and continues to pursue it before this Court. Ms. Friis also filed her prose letter to the Court on June 22, 2016 [DE 138], which this Court deems to be a Motion for Protective Order. Plaintiff's Reply asserts, inter alia, that Ms. Friis fled the jurisdiction of the Court "to evade being deposed." [DE 137, pp. 3-5]. II. Plaintiffs Failure to Attach a Copy of the Friis Subpoena In all of his filings with this Court regarding the Candace Friis deposition, Plaintiff has failed to attach a copy of the alleged subpoena to Ms. Friis. The Court cannot, therefore, determine whether the subpoena was properly issued or signed. Thus, Plaintiff has failed to establish the basic element that Ms. Friis had been served with a lawfully and properly issued subpoena.[ As noted later in this Order, however, the Court is requesting that Ms. Friis File a copy of the subpoena served upon her by Plaintiff so that this Court can review it to determine whether Plaintiff improperly issued that subpoena utilizing the name of an attorney who no longer represented him. 3 Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 4 of 9 III. Plaintiffs Return of Service Is Partially Inaccurate The Court notes that the return of service filed by Plaintiff [DE 115, p. 6, Ex. "A"] falsely states that attorney Daniel DeSouza is the attorney who issued the subpoena on Plaintiffs behalf. However, Mr. DeSouza withdrew from this case on May 10, 2016 [DE 100], whereas the subpoena was served on May 31, 2016. Therefore, Mr. DeSouza could not have possibly issued the subpoena since he was not counsel of record in this case on May 31, 2016. Plaintiff, who is proceeding pro se, has therefore filed a return of service with this Court that incorrectly states that his attorney, Mr. DeSouza, who was no longer involved in this case on May 31, 2016, issued the subpoena. The Court has not been presented with a copy of the subpoena to Ms. Friis, so the Court does not yet know at this juncture if Plaintiff falsely used Mr. DeSouza's name to have the subpoena issued and served to Ms. Friis. Regardless, in light of the inaccurate return of service, Plaintiff is hereby ordered to cease and desist from using the name of any attorney who does not represent him in this case on any subpoenas, notices, or other litigation -related documents issued, served or filed in relation to this case. IV. Failure to Pay Witness and Mileage Fees When the Subpoena Was Served As noted above, Plaintiff failed to pay Ms. Friis the requisite witness and mileage fees at the time the subpoena was served, as required by Federal Rule of Civil Procedure 45(b). This requirement was simply ignored by Plaintiff at the time the subpoena was served upon Ms. Friis. Such defect renders the subpoena unenforceable. Plaintiff is not permitted to issue any subpoenas to any third party without providing the requisite mileage and witness fee at the time of service and without complying with all other requirements of the law. r Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 5 of 9 V. Plaintiffs Non -Compliance with Local Rules Furthermore, Plaintiff failed to comply with Southern District of Florida Local Rule 26.1(h), which requires that the deponent (and opposing counsel) receive at least seven days' notice of the deposition. Service on Ms. His was apparently effectuated at 4:15 p.m. on May 31, 2016 for a deposition scheduled for 9 a.m. on June 6, 2016. Thus, Plaintiff failed to provide seven full days' notice to the deponent.2 Additionally, the notice of taking deposition was served on opposing counsel on June 2, 2016, so opposing counsel did not receive seven days' notice. As stated in Local Rule 26.1(h), Plaintiff s failure to comply with the rule obviates the need for a protective order. VI. Plaintiffs Frivolous Allegation that Ms. Friis Fled the Jurisdiction The Court also finds Plaintiffs allegation that Ms. His fled the jurisdiction to avoid her deposition to be without merit. In fact, it is frivolous. Ms. Friis attached documents to her Motion for Protective Order which evidence that her flight was booked well before she was served with a subpoena. See DE 138. Moreover, Ms. Friis told Plaintiff on June], 2016, that she would be out of the country on June 6, 2016, but he improvidently decided to move forward with the deposition and his Motion to Compel any way.3 VII. Plaintiffs False Statements on the Record at the June 6th Deposition Ms. His emailed Plaintiff on June 1, 2016, stating that she would be out of the country on June 6th. [DE 115, p. 9, Ex. `B"]. At the June 6, 2016 deposition, however, Plaintiff stated, r Federal Rule of Civil Procedure 6(a)(1)(A) clearly states that, when computing time, the day of the event that triggers the period is excluded, despite Plaintiff's frivolous argument to the contrary in his Reply [DE 137, p.3, ¶ 11]. 3 The Court notes that the parties to this case appear to have a longstanding history of disputes, litigation, and animosity. This likely has helped to foster the extensive motion practice in this case. However, Ms. Friis is not a party to this case. Rather, she is an innocent third party who has now been dragged into this case by Plaintiff. Ms. Friis does not deserve the false allegations made against her by Plaintiff nor the abuse she has been subjected to by Plaintiff. 5 Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 6 of 9 "[c]urrently, it is 9:15 a.m, and we have not heard from the witness, Ms. Friis, nor has she shown up at the deposition...." [DE 115, p. 14, lines 14-16]. Plaintiff further stated: "It is 9:35 a.m. Myself and Mr. Gill and Mr. Stacey and, of course, the court reporter, have been sitting here. Ms. Candace Friis has not shown up for the deposition. I point out that she also did not email me with any type of message, nor has she called me with any type of message." Id. at p. 15, lines 3-9. The Court finds that Plaintiff made false statements at the June 6h deposition regarding Ms. Friis. Specifically, Plaintiff falsely stated "we have not heard from the witness" when, in fact, he had been previously contacted by Ms. Friis and told that she would be out of the country on June 6`h. Further, Plaintiff falsely stated "she also did not email me with any type of message" when, in fact, Ms. Friis had previously emailed Plaintiff with the message that she would be out of the country on June 6°i and could not appear at the deposition. Plaintiff proceeded with the charade of Ms. Friis' deposition, made false statements, and wasted the time of defense counsel Goldstein and Gill. VIII. Conclusion Accordingly, the subpoena to Ms. Friis is QUASHED per Local Rule 26.1(h), Federal Rule of Civil Procedure 45(d)(3)(i), the inherent jurisdiction of this Court, and based upon the facts described above. Further, Plaintiffs Motion [DE 114] is DENIED. The Motion for Protective Order filed by Ms. Friis [DE 1381 is GRANTED. In light of the bad faith conduct of Plaintiff as described above, the Court is imposing sanctions against Plaintiff pursuant to Federal Rule of Civil Procedure 37(a)(5)(A) and the inherent power of this Court. First, the Court orders that Plaintiff shall pay Candace Friis any and all attorney's fees or costs that she incurred in responding to Plaintiffs subpoena, including but not limited to any attorney's fees she paid or owes to Mr. Glasser or his firm in light of the June 10, 2016 correspondence that Mr. Glasser drafted to Plaintiff. [DE 137, pp. 9-10, Ex. "C"]. 6 Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 7 of 9 Although Ms. Friis filed her Motion for Protective Order on a pro se basis, it is clear from the record that she was required to contact counsel Glasser to attempt to fend off Plaintiffs abusive conduct. To the extent she incurred any attorney's fees or costs, Plaintiff shall pay them. Second, Plaintiff shall pay the reasonable costs and attorney's fees incurred by Hudson Gill, Esq., and his law firm on behalf of the Defendant Town of Gulfstream, and Joshua Goldstein, Esq., and his law firm on behalf of Defendant Robert Sweetapple, for their attendance at and preparation for the June 6, 2016 deposition of Ms. Friis. Their attendance at and preparation for that deposition was wholly unnecessary and a waste of time occasioned by Plaintiffs misconduct as Plaintiff went forward with a deposition when he knew well in advance that Ms. Friis was out of the country and would not appear. Ms. Friis or Mr. Glasser on her behalf and Mr. Gill and Mr. Goldstein shall have ten (10) days from the date of this Order to file documents supporting counsel's time expended, the reasonable hourly rate charged, and attorney's fees and costs incurred. Plaintiff shall have seven (7) days from the filing of those documents to file any objection to the amount of attorney's fees and costs sought. The Court will then decide the amount to be paid by Plaintiff to Ms. Friis or her counsel Mr. Glasser, to Mr. Gill, his law firm, and Defendant Town of Gulf Stream, and to Mr. Goldstein, his law firm, and Defendant Robert Sweetapple. In imposing sanctions against Plaintiff, the Court finds that Plaintiff has frivolously pursued his motion against Ms. Friis, refused to withdraw his motion when requested to do so by Ms. Friis' attorney, made false statements, and wasted the time of this Court, Ms. Friis, and defense counsel. The Court will not tolerate such conduct by any party to this case. FA Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 8 of 9 Further, the Court requests that Ms. Friis file with this Court a true and correct copy of the subpoena served upon her by Plaintiff at her earliest opportunity. Upon receipt, the Court will review the subpoena to determine whether Plaintiff falsely stated that the subpoena was issued by an attorney for Plaintiff. The Court will subsequently determine whether a contempt proceeding should be initiated against Plaintiff. Based on the foregoing, it is hereby ORDERED AND ADJUDGED as follows: 1. Plaintiffs Motion to Compel Compliance with Subpoena for Videotaped Deposition and Request for Order to Show Cause Why Non-party Candice Friis Should Not be Held in Contempt [DE 114] is DENIED. 2. Candace Friis' Motion for Protective Order [DE 138] is GRANTED. 3. The Clerk of Court shall mail a copy of this Order to Candace Friis, 4001 North Ocean Condo, Unit B, Gulf Stream, FL 33483. The Clerk of Court shall also mail a copy of this Order to Damon E. Glasser, Esq., Simon and Sigalos, LLP, 3839 N.W. Boca Raton Blvd., Suite 100, Boca Raton, FL 33431. 4. Plaintiff shall not be permitted to depose Ms. Friis in this case. There are two reasons for this. First, the discovery period in this case closed on June 8, 2016. Therefore, as the discovery process is now closed to Plaintiff, he cannot and shall not attempt to re -depose Ms. Friis. Second, Plaintiff has blatantly failed to comply with the Federal Rules of Civil Procedure and Local Rules, has made unsupported allegations against a non-party in this case, and has engaged in other misconduct as described above. Given Plaintiffs misconduct and, as a further sanction against Plaintiff, the Court would not and shall not permit him to depose Ms. Friis--even if the discovery period were still open. 8 Case 9:14-cv-81250-KAM Document 157 Entered on FLSD Docket 06/28/2016 Page 9 of 9 5. The Court further imposes sanctions including costs and attorney's fees against Plaintiff to be paid to Ms. His and her attorney, Mr. Glasser, Mr. Gill, his law firm, and Defendant Town of Gulf Stream, and Mr. Goldstein, his law firm, and Defendant Robert Sweetapple. By this Order, the Court has determined entitlement to an award of attorney's fees and costs against Plaintiff by Ms. Friis and her counsel and Defendants and their counsel. The Court shall determine the amount of sanctions to be paid by Plaintiff once the additional filings are made as ordered above. 6. The Court reserves jurisdiction to determine whether a contempt proceeding should be instituted against Plaintiff. DONE and ORDERED in Chambers at West Palm Beach, Palm Beach County, Florida, this a8day of June, 2016. WILLIAM MA�TIHEWMAN United States Magistrate Judge E Regards, Bob Sweetapple ATT00001.txt Page 1 Renee Basel From: Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent: Wednesday, August 3, 2016 11:53 AM To: Renee Basel Cc: Cynthia Miller; Ifreire@richmangreer.com; cfeld@richmangreer.com Subject: Re: Records Request #1275 Nor do we. Regards, Bob Sweetapple On Aug 3, 2016, at 10:53 AM, Renee Basel <RBaselCoDzulf-stream.ore> wrote: Good morning, y'all! Just a follow-up to this request that I am trying to get out today. Thanks in advance for your response. Have a GRAND day! R'tl�d >R"" 944d Public Records Clerk Town of Gulf Stream 100 Sea Road Gulf Stream FL 33483 561.276.5116 ext. 202 RBasel@gulf-stream.org From: OConnor, Joanne M. [mailto:JOConnor(aDionesfoster.coml Sent: Monday, July 25, 2016 4:45 PM To: Renee Basel <RBasel CcDeulf-stream.ora> Cc: Jeff Hochman <hochman@iambg.com>; Robert Sweetapple<rsweetapple(asweetapplelaw.com>; Ifreire@richmanereer.com; Randolph, John C. <JRandolphCclionesfoster.com> Subject: FW: Records Request #1275 Renee — This firm has made no claim for insurance coverage from the Florida League of Cities or its affiliates on any Gulf Stream matter and, therefore, has no claims responsive to the attached public records request. By copy to counsel at Johnson Anselmo, Sweetapple, Broeker & Varkas and Richman Greer, I would ask them to respond and advise you if they possess any responsive public records of the Town of Gulf Stream or confirm that there are none. Thanks, Joanne Joanne M. O'Connor Attorney Telephone: 561.650.0498 1 Fax: 561.650.5300 1 Ioconnor@ionesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Flagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.ionesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. From: Records [mailto:records@commerce-eroup.coml Sent: Friday, July 22, 2016 2:03 PM To: rsweetapple@sweetapplelaw.com; OConnor, Joanne M.;'rtaylor@gulf-stream.Org'; ,postman @csklegal.com';'ioshua.goldstein@csklegal.com'; 'hochman@iambg.com'; cfeld@richmangreer.com; Ifreire@richmangreer.com Subject: Records Request #1275 This message originated from outside your organization Renee Basel From: Cynthia Miller <cmiller@sweetapplelaw.com> Sent: Thursday, August 18, 2016 11:40 AM To: scottmorgan75@gmail.com; Bill Thrasher Cc: Robert Sweetapple Subject: Town of GS Attachments: 8.18.16 - Morgan.Thrasher.Comm.letter report.pdf Gentlemen: Please see attached letter report from Bob Sweetapple. Thank you. CYNTHIA J. MILLER Certified Paralegal/Florida Certified Paralegal/Florida Registered Paralegal Sweetapple, Broeker & Varkas, P.L. 20 SE 3rd Street Boca Raton, FL 33432 (561) 392-1230(t) x. 305 (561) 394-6102(f) cmiller(alsweetapplelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. LAW OFFICES OF SWEETAPPLE, BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Flag]" Street, Ste. 1500 Miami, Florida 33130-6817 Telephone: (305) 374.5623 Facsimile: (305) 358-1023 ROBERT A. SWEETAPPLE ! •• DOUGLAS C. BROEKER KADISHA D. PHELPS ALEXANDER D. VARKAS, IB ASHLEIGH M. GREENE BERKLEY S. VITALE • aOAaaCaRIV1®BUpNFS9 LIIInATaIN ATtea!@V •• BOAPO (.TIT®CIVILTPtAL ATmRNEY 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. 3id Street Boca Raton, Florida 33432-4914 Telephone: (561) 392-1230 Facsimile: (561) 394.6102 Please Reply To: Boca Raton rsweetapplc@sweetapplelaw.com aimkas@s tapplelaw.com bvimlC@sweetapplelaw.com cbailcy@swectapplelaw.eom dsmidi@meetapplehaw.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 2,280 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 Firm, 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)ravel 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 CAFI'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 after 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 chanty/entity that has either applied for, obtained, or had 501(c)(3) status revoked so it is uncertain whether CAM 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 OPricrior S W MAPPLE, BROEKER & VARKAS, 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. CAFI's 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. Il, 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. II, 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 18, 2016 Page 13 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 Finn 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 OFFICESOF SW EZTAPPLE, BROEKER & VARRAS, P.L. Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission Page 14 component of O'Boyle's business strategy was for O'Boyle 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 Q. 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? 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 0' 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 CAR is attached hereto as (Exhibit G). ' According to Mr. Chandler, this plan continued despite his protest and is one of the many reasons for his eventual resignation. LAW OFnCESOF SW EEFAPPLE, BROEEER & VARRAS, P.L. Mayor Scott Morgan August 18, 2016 Gulf Stream Town Commission Page 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 1). 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 CAFI, 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'Boyle 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 OFFICES or S W Er..TAPPLE, aROEKER & VARRAS, P.L 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 A. SWEETAPPLE LAW Omcmor SWEETAPPLE, BROEKER&VARKAS, RL LAW OFFICES OF SWEETAPPLE,r BRORKER & VARKASa P.L, DOUGLAS C BROEKER, P.A. 44 West Flo&Sue-,Sm 1500 Miami, Florida 33130-6817 Telephow. (305)374-5623 Faesltnile: (305)355.1023 ROBERT A. SWEETAPPLE 1,41 DOUGLAS C. BROEKER ALEXANDER D. VARKAS, JR. KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASIILI°.IGH M. GREENE nBRKLFY M13TAPPL13% VITALS MaaV eWITPRD b',aLw:Yf unoAtMn�TlaWIY „ ia)AaD eG0.TVlea<'IYaIR]AL aT:r4hTT February 18, 2016 VIA EMAIL Scott W. Morgan, Mayor Town of Gulf Stream Commission 100 Sea Road Gulf Stream, Florida 33483 S WEETAPPLF dt VARKAS, P.A 20 S.E. 3" Si=i Dxa Ralmr. Florida 334324914 Talophonc:(561) 392-1230 Fewimlle: (561) 394.6102 Pierce Reply To: Baeallaton rrwa-apple@mtewpplelaw. rn avarka;&weetappleiaw.com gjVarkas*wcetapplelaw.com bviwte(v'sweewpplelaw.eom obaley@swectappleluw, cum dsmilli&%compplelaw.com Re: (Martin O'Boyle, ovathan 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 L LunM)ort, N,J. I believe it is important for you to understand that the Town's current disputes are not atypical for Martin O'Boyle. A New Jersey Law Journal reports that Mr. O'Boyle entered into a conflict with the Town of Longport, New Jersey in 2007, when he was cited for a zoning violation. Mr. O'Boyle is reported to have filed 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 Marlin F_ O'Boyle it Peter Isen, 2014 WL 340104 (N.J. Super. A.D.) (a defamation case that Mr. O'Boyle brought and lost) the Superior Court ol'Arew Jersey, Appellate Division, noted: From September 2007 through cwlyJuly 2008, plaintiff [MartinO'Boylc] and members of his family filed multiple requests pursuant to the Open Public Records Act (OPRA), N.J.S.A. 47:1 A-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 C7 Mayor Scun Morgan February 18, 2016 Town of Gulf Stream Commission page 2 Borough's solicitor notified plaintiff that it would not accept any additional OPRA requests he filed, explaining that the numerous requests were substantially disrupting governmental 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. IT. Tennessee In state court litigation in Tennessee, in the case of New Midland Plaza Associates, et. al. v. Wachovia, el. al., Case Number E-18053 in die 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 --irrespective of their merits—that would maximize the inconvenience and costs to defendants. More than seven years of 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, which motions "served dual improper purposes of attempting to 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 Plaintiff's] on two occasions in an amount totaling a quarter of a million dollars and twice held them in contempt. Ili, The Palm Beach County State AttorneV The Palm Beach Post reports that in one month, O'Boyle's company, Sweet Aron Boy Blimp Co., LLC, submitted 1,328 request to Aronberg and the Office of the 191a Judicial Circuit State Attorney Bruce Colton... that included 874 requests to Bruce Colton, StatcAttomey on the Treasure Coast, and 454 requests to Dave Aronberg, Palm Beach County State Attorney. Marc 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 2013, 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 LAWOM SOF SWELPAPPrt BROOK CR a VAWOA 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, permittingthe 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 after the settlement, Mr. Christopher O'Ilare began inundating the Town with public records requests. From late August 2013, when the Town began keeping detailed logs until the end of the year, Mr. O'I lare averaged in excess of 100 requests per month. By October 2013, just three months after the Town settled with Mr. O'Boyle, Mr. ('Hare had filed his first public records suit. More than one dozen 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 afliliatedwith them continued to make hundreds ofpublic records requests to the Town over the past 2 %years. Ultimately, they have made approximately 2,000 public records requests. These have included numerous requests by Mr. O'Hare using pseudonyms mocking Town officials such as: Gonna White, Groan Onhwein, Billy Trasher and Bobby Gangrene. Requests have also been routinely made by email in high volumes and outside of regular business hours, making itnearly impossible for Town staff to keep up. *lNs 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, ("CAFr% an alleged Florida not-for-profit Company. Mr. Chandler advised and swore in an affidavit that CAM and The O'Boyle Law Finn 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 collect 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'�, As a result of these alleged activities, Mr. Chandler quit hisjob and stated that he was notifying victims of this conduct. Ila 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 beludf of CAR without Mr. Chandler's knowledge or approval. Public records reveal that on behalf of CAFI as of one yearago, the O'Boyle Law Firm, has filed more than 100 lawsuits against various government entities, government contractors and not-for-profit :AW OFFICESOF SWu, rAPPM aROEKER& VARKAS. PL Mayor Scott Morgmi February 18, 2016 Town of Gulf Stream 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 aro 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 public 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, BUI Thrasher, Special Magistrate Lara Donlon, Chief Ward and Marty :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 was just affirmed on appeal bythe Federal Appeals Court and resulted in a favorable fee award against Mr. O'Boyle for his frivolous filing. None 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 firm or me personally and a lawsuit against Joanne O'Connor and Skip Randolph. Particularly frustraftng 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. Rthics Complaints have been brought against me, Mr. Randolph and Mayor Morgan. These have all been dismissed. Mr. O'Bayle has repeatedly flown planes towing banters over West Palm Beach and Gulf Stream denigrating the Town's attorneys and officials. More recently, the attempts to particulurly target the attorneys defending thepublic 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, Conclusion 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 tAW OnSCOOr SWLTIAPPLL BNOUEE k VAHT.AS, RL Mayor ScottMorgan February 18, 2016 Town of GulfSncam Commission Page 15 government. It is clear to me that the O'Boyles and Mr. 0111arc 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, /�r:,-e ROBERT A. 5 W E ETAPPLE LAW OrMESOr 5WEETAPPLE, HAMMER & VARRAS, T.J. 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. 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 "CAF]"), 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, I was solicited by Martin O'Boyle to lead a not-for-profit corporation that was, he said, intended to promote open govemment. 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 Marin O'Boyle, wherein he sought to hire me to serve as the leader of CAR, we explicitly agreed that CAFE 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. SCHIBIT 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 CAF[ 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. Twee[ and to me that he was going to loan all necessary monies to fund CAF[ 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 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 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 then Martin O'Boyle. 16. Al 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 CAF[ for approximately five (5) months, through the end of June 2014. 19. 1 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 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 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 Firm. 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 CAFI, conducted these aw firm meetings. During these meetings, and in my presence, many pending 4 cases were discussed. These discussions included the details of cases to which neither CAM not 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 CAFI. He also ordered that lawsuits be filed by CAM 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 CAF[. 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. CAR 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 CAR 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 CAR 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 1 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 1 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 1 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. 1 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 CAN, 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. 1 sent my email to Robert Swectapple 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 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 ofmy 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 attomeys. 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 CAM 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, CAF1 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 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 Swcetapple 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 lite 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 . �4"2,�_ JOIPAANDLER SWORN TO AND SUBSCRIBED before me this day of October, 2014. La AMBER COLSatI KELLY avlary Public • Stela vl Florida NOTARY PUBU = My comm. Expires May 31.2015 'Mfr ."` Cvmmisa[vn k EE 166909 Printed NNNa--///m444e of t My Commissions Personally known Produced ldentification ry Identification produced: �_ JJ� 11 " 31,2D 15 Page ] of) From: 'Ryan Witmer" <rwianer@commercc-group.com> Date: Tuesday, January 14, 2014 6:27 PM To: "Joel Chandler" <jeal.chandler@fogwawh.mS> 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 (mailtoJoel.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 Pd 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@foawatch.org www.FogWatch.org Page I of 3 From: "Ryan Witmer"<rwltmeracommerce-group,com.� Date: Wednesday, January 15, 2014 9:59 AM To: "Joel Chandler" <joel.chandlcr@fogwatch.nrg> 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-oroup.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 'n Ff,)nt d Pagc 2 of 3 quickly. Joel Chandler (863) 660-4244 joel.chandler@fogwatch.org www.Fo Wq atch.org On Jan 14,203-4, 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 [mailtojoel.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 wasjust 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 7/1617111d Page 3 of 7/162!114 MEMORANDUM [MEO1863.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)? C;_L�e�teed�,to'get business card's; for eaeh)arty, 6 µjWeneedfo obtain stationery: 'This was setup electronically on the evening of January 24, 2014 by Marrett Hanna. Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 2 7. 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/PIPR/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 don't 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 5016 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 Iine 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. Tt>at is a Denisg.issiie P/NPR/L/A/CAR bar Memorandum to Robert G. Tweel, Esquire January 28, 2014 Page 4 18. The registered agent is Christine Defilippis3 - Marrett 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 "Ioose" 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. This'filia;Den{Qe!sue? 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. 'We will likely change the Registered Agent P/NPR/L/A/CAF7 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 be 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 Quonun. 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 Meeh, 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 Reianatio sn. 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 Secret . 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, shall 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 in 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 Qualifications. 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 Chair of the Board of Directors or the President shall serve as Chair of the Executive Committee. 9.4 Meetings. 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 Telenhone. 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 ACTIVITIES. The Corporation has been formed for the purpose of fulfilling the mission statement described in Article II 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 6 r e 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, Ff. 33442 Direct Dial: 954-570-3505 Fax: 954-360-0807 Cell: 561 213 3486 E-mail: moboyl@j& mmerce-grou cam Web Page: www.co me ce-groua.com From: Joel Chandler[malito:joelchandler@dtixensawarenessfoundadon.org 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 Gaetr. regarding various open government issues. My wife Debbie and I meet will, 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 CAFI. 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 CAFI Page 1 oft One idea that I am considering is offering to help with the hot-line. As it stands several dozen folks each month contact the FAF looking for a referral to an attorney in an open government matter, Barbara has expressed frustration 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. I'm 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 Jonathanjoin 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 find 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 CAFI 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 Ioe1C dler@iti ens&w ren SFoundation e 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 on your 3/23/14 spreadsheet. Jonathan O'Boyle, Esq. The O'Boyle Law Firm, P.C. Pennsylvania Oire 1001 Broad St. Johnstown, PA 15906 Tel: 561-758-1223 Fax: 21S-893-3641 loboylg0oboylelawfirm cam Florida Office 1286 {Nest Newport Center Drive Deerfield Beach, FL 33442 Office: 954-570-3533 Fax: 954-360-0807 iobovl a Roboyl a fawfi rm. com Page i of 1 July 21, 2056 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: 954-574-6885 Celle 717-201-3097 Fax: 954-360-0807 EWitmerPr-ommerre-group tom ---Original Message_ From: Joel Chandler mailtr'ael.chandler6dfop�ch,o Sent: Tuesday, January 14, 2014 9:14 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 hew- 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 quickly Joel Chandler (863)660-4244 ioel chandlerPfoewatch org www.FogWatch.org On Ian 14, 2014, at 6:27 PM, Ryan Witmer <rwitmerrmcommerce aro > wrote: Joel- regarding your second question below, " how many cases are yourguys able to take where you're payingthe filing fees?" - what do you have in mind? Ryan L Witmer, Esq. MID West Newport Center Drive Page 1 of 2 Deerfield Beach, FL33442 Office: 954-574-6885 Cell: 717-2013097 Fax: 954-360-0807 RWltmerncommerce-group com --Original Message— - From:Joel Chandlerailt :' i.chander fQgyWdtCil,orj Sent: Sunday, January 12, 20144:08 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 1oel.Lh1ndlP[2foawatch org www.FogWatch.org Page 2 of 2 Tuesday, July 26, 2016 at 11:09:39 AM Eastern Daylight Time Subject: RE: CAR 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 ourconversation 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@oboylelawfirm.com From: Joel Chandler[mailto:joelchandler@citizensawarenessfoundadon.orgJ 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 ourtelephone 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 Law 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 of Deerfield Beach, Florida 33442 (888) 830-3769 (Media Hotline) (863) 660-4244 (Cell) Www.Cidze nsAwa renesfou ndation.ora JoelChandier DCltizensAwarenessFoundation.ore Page 2 of 2 Name Style of Case, Case # & Name of County 1 3M Electronic Monitoring [Inc.] CAR v. 3M Electronic Monitoring 512014CA003265CAAXWS 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-A001 HC 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. CAR v. Atkins North America, Inc. 292014CA007736-AO01 HC Hillsborough 11 Avart Ammann & Whitney, CAR v. Avart Ammann & Whitney, Inc. Inc. 2014-18549-CA-01 Miami-Dade 12 Barnes and Noble College CAR v. Barnes and Noble College Booksellers, Booksellers, LLC LLC 292014CA007086-AO01 HC 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 CAM v. Boro Building and Property Maintenance, Inc. Maintenance, Inc. 2014CA005254 NC Sarasota 16 Brannon & Gillespie, LLC CAR v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA0061 12XXXXMBAG Palm Beach 17 Cape Leisure Corp. CAR v. Cape Leisure Corp. 05 2014 CA 038359 Brevard 18 Charter Schools Associates, CAR v. Charter Schools Associates, Inc. Inc. CACE14007518 Broward 19 Charter Schools USA, Inc. CAR 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 CAFI 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. 502014 CA006655XXXXM BAH Palm Beach 27 Family Preservation Services CAR v. Family Preservation Services of of Florida, Inc. Florida, Inc. 562014CA001771 OCXXXX 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. 482014CA008210A001OX 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-A001HC 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, CAR v. Robertson Consulting Group, Inc. Inc. 2014CA003252 NC Sarasota 43. Royalaire Mechanical CAR v. Royalaire Mechanical Services, Inc. Services, Inc. 522014CA006645-XXCICI Pinellas 44. Silver Seas Hotel, Inc. d/b/a CAR v. Silver Seas Hotel, Inc. d/b/a Lighthouse Lighthouse Point Yacht & Point Yacht & Racquet Club Racquet Club CACE14014228 Broward 45. Stantec Consulting, Inc. CAR v. Stantec Consulting, Inc. 2014-27013-CA-01 Miami-Dade 46. Sweetapple, Broeker & CAR v. Sweetapple, Broeker & Varkas, P.L. Varkas, P.L. 502014CA011941XXXXMBAH Palm Beach 47 Wantman Group, Inc. CAR v. Wantman Group, Inc. 502014CA005771XXXXMBAF Palm Beach Name Style of Case, Case # & Name of County 1 Academie Da Unci 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, CAR v. Alpha Charter of Excellence, Inc. Inc. 2014 -12272 -CA -01 Miami -Dade 4 Area Agency on Aging of CAFI v. Area Agency on Aging of Central Central Florida, Inc. Florida, Inc. 482014CA005307A001OX 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 CAFI 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 CAFI v. Expressions Learning Arts Academy, 14. Expressions Learning Arts Academy, Inc. Inc. 01 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 CAFI 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 CAR v. Homeless Coalition of Palm Beach Beach County, Inc. County, Inc. 502014CA006665XXXXM BAH Palm Beach 21 Human Services Associates, CAR v. Human Services Associates, Inc. Inc. 482014CA007601 A001 OX Orange 22 Learning Gate Community CAR 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 CAR v. Manatee Glens Corporation 41 -2014 -CA -004589 -AX Manatee 25 Marco Island Academy, a CAR 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, CAR v. New Beginnings High School, Inc. Inc. 2014CA001523-0000-00 Polk 29 Northeast Florida Area CAR v. Northeast Florida Area Agency Agency Foundation, Inc. Foundation, Inc. 16-2014-CA-003503-XXXX-MA Duval 30. Nova Southeastern CARv. 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, CAM 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 522014CA006858-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 CAFE v. City of Florida City 2014 -3016 -CA -01 Miami -Dade 9 City of Madeira Beach CAR v. City of Madeira Beach 522014CA005249-XXCIC I Pinellas 10 CAR v. City of Miami 7CitYofmi 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-A001HC 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 CAR 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 CAR v. South Florida Water Management Management District District 502014 CA001392XXXXM 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 502014CA003396XXXXM BAB Palm Beach CAR v. Town of Gulfstream; and Brannon & Gillespie, LLC 502014CA006112XXXXMBAG Palm Beach CAR v. Town of Gulfstream 502014CA00636OXXXXM BAN Palm Beach 28 Town of Lake Park CAR v. Town of Lake Park 502014CA008117XXXXMBAD Palm Beach CAR v. Town of Lake Park 502014CA009099XXXXMBAB 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 t IN THE CIRCUIT FOhWrH =term CIsCUIT, is AND P011 I TABLE OF CONTENTS mvhrcruNrx, ewalDA. 5 case ND.: solo-ca-am z 3 PAGEass JEFFREY MARCUS GRAY 4 5 4 SRFFNNT GARY, 5 Direct Examination 4 6 Plaintiff, 6 by Mr. Wells I vs. 7 - - - e PRAcrrw, Ao INaCIC =TUaAL 8 EXHIBITS 9 eDDGTION crerint Fat GiRts• INC., 9 10 Defend.at. 10 Defendant's Exhibit No. I - Complaint 100 I I I I Defendant's Exhibit No. 2 - Cert of ins. 101 12 12 Defendant's Exhibit A - Settlement Offer 103 13 DEPOSITION OF . PPRRT MARCUS DRAY 13 14 Taken on Behalf of the Uefootane 14 CERTIFIED QUESTIONS 1s GATE TAKEN: August e, 2014 15 16 TIME: 2,00 PN - 4:45 PN 16 Certified Question No. 1 19 17 PLACR, alevaebinson. P.A. 17 Certified Question No. 2 31 IB sec"onvlile, nra osift 33302100 18 Certified Question No. 3 44 19 19 _ _ - 20 20 21 anewination of the witness taken before: 21 22 Cynthia silvarberg, court Reporter, 22 23 23 24 . - _ 24 25 25 Page 2 Page 4 1 2 APPEARANCES 1 JEFFREY MARCUS GRAY, 3 2 having been produced and first duly swam as a witness NICK TAYLOR, ESQUIRE 3 on behalf ofthe Defendant herein, was examined and 4 THE O'BOYLE LAW FIRM, P.C. 4 testified as follows: 5 1286 West Newport Center Drive 5 DIRECT EXAMINATION 6 Deerfield Beach, Fladds 33442 6 BY NM WELLS: Appearing on behalrofPldntiH 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 ]e[ircy Marcus Gray. S. GRIER WELLS, ESQUIRE 10 Q And how do you spell Marcus? 10 GRAYROBINSON, P.A. I1 A M -a -r -c -U -s. I 1 50 Noah Lean Strost, Suite I too 12 Q Okay. And Jeffrey is J -e -f -f -r -e -y? Jacksonville, Flodda32202 13 A Correct. 12 Appearing on behalfefDefendant 14 Q Grey, G -r -e -y? 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 Man 18 Q Put sure you've had an opportunity to talk 17 19 with Mr. Taylor, but I'm 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 25 25 time. But, again, unless he instructs you not to Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 9 10 12 13 14 Is 16 17 Ig 19 20 21 22 23 24 25 9 10 1 12 13 14 15 16 17 is 19 Page 5 answer, you should answer all the questions. If you would, let me finish asking my questions before you begin your answer and rll try to let you finish your answer before I begin my next question. A Understood. Q Give a verbal msponse to my questions es opposed to nods or shakes of the had or huh-uhs and uh-hubs. Those aro kind of hard for the court reporter to interpret, so yes, no or some other type of verbal answer. A Understood. Q If at any time you need to take a break, lot me know. This is not an endurance contest and generally I'll probably take a break on the how. And we'll try to go roughly an hour end take a break and then reconvene. A Okay. Q If you don't know the answer to a question, obviously say you don't know. I'm not asking for speculation. Them my be occasions when you may say, I don't know, and I may ask you foryour guess or something, but ifs unlikely in the context of this no. AE right? A Understood. Q I know drat you met briefly,just a few page 6 minutes ago, with Mr. Taylor. Other than that meeting, have you done anything else to prepare for this deposition? A Other than just phone calls with Mr. Taylor, no. Q Okay. Did you review any documents? A No. I reviewed a video, a video of his. Q You reviewed a video. what video did you review? A I reviewed a video where I submitted the public records request to PACE. Q Mr. Taylor has provided me with a video. I have not really looked at it. So I may ask you from time to time questions about that video. Other than that video, are there any other materials that you reviewed? A Other than that video, no. Q Did you review the complaint in this case? A I believe Mr. Taylor sent mean email and I made a quick review of that Q When would that have been? A Are you speaking of the complaint; are you talking about the complaint that was made against PACE; is thatwhat you're speaking off Q I'm talking about the lawsuit that was filed Page 2 (Pages 5-8) page 7 I against PACE. 2 A I do not recall reviewing the complaint, no. 3 Q Them 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. 9 Q what is your understanding of who that 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. 13 Q You'll needto speak up so the court t4 reporter can hear 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 I made the request, so it's been a long time 24 since Ne seen it. 25 Q whatever contract them may be, that's the Page a I one you believe you reviewed? 2 A Yes, yes. 3 Q when did you review that? 4 A Ifs 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 mquest7 s A No, sir. 9 Q Okay. Other then Mr. Taylor, have you 10 spoken to anyone else about this deposition? I 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 -n -n -t. is Q Jut like the covenant Moses had with the 19 children of Israel? 20 A Yea, air. 21 Q Is Mr. Covenant— you said he's your 22 friend. fs 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 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 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. 12 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. Is Q Are you known by any name other than by 19 Jeffrey Marcus Gray? 20 A Any other name? I am also know as Honor 21 Your Oath. I do have a YouTube 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 I A Page le 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? So you both use both of those email 5 A A blog site. It's a YouTube 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? to 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 tgray9937Qhotmail.com. 15 Q T -g -a -r -y? 16 A G -r -a -y. 17 Q G -r -a -y. What does the T stand for? 1s A Teresa 19 Q That's your wife's name? 10 A Yes, sir. 21 Q Okay. Do you use any other email address or 22 any other email site? 23 A Them's also tgmy9937Qcomcast.net. That's 24 my two emails. 25 Q Does your wife also use those emails? Page 3 (Pages 9-12) Page 11 I A Yes. 2 Q Does she use them in any way 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 Arc those the only email addresses that you 9 use? 10 A Yes. 1I 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 — 20 how long? 21 A I can'trecall how long rve had that. I'm 22 not sum. 23 Q Since all of 20147 24 A Yes. 25 Q All of2013? Page 12 I A I can't answer that. I'm not sure. 2 Q Has AT&T been your carder the entire time 3 you've had that particular phone number? 4 A Yea. 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 Wem you in SL 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. Is Q Where were you prior to that? 19 A I was io 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. I'm not precisely sure 24 what dates and times I've lived in either one, but 25 rve lived in the St. Augustine area since probably Georgia Winegeart & Associates 301 West Hay Street, Suite 1450, Jacksonville, Florida 32202 Page 13 1 '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 Soshe - 8 A Correct that We've been married since 9 1998. 10 Q It's a good thing you corrected that. I l A We had our fust sort in'99. 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. 19 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 I employed? 2 A I worked at Winn-Dixie as a truck driver 3 from 1995 trtil 2013. 1 believe I left Winn-Dixie in 4 October of 2013. 5 Q Why did you leave Wim -Dixie? 6 A To pursue ajournalism activism career. 7 Q Okay. So you've not had —strike that. 8 After leaving Wim -Dixie in -- you said October of 9 2013- 10 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 Wim -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 -y7 21 A T -u -r -n -e -y, yes. 22 Q Were you employed as a track driver the 23 entire time fiom'95 to 2013? 24 A I was. 25 Q Now when you say you left to pursue Page 4 (Pages 13-16) Page 15 1 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 Calledwhat? 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. 11 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,jmt stuff happening on the 16 street, specifically events where police officers are 17 behaving badly. 18 Q How do you come amass these circumstances 19 of police officers behaving badly? 20 A Just you can -- youjust get your 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 yen know where to go to find them? 24 A I dont know. I just stumble across them. 25 Q Just random? Page 16 I A Yeah, yeah. If you see a cop stop somebody, 2 I 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 ell ofyour contribudms m Phomgmphy 16 Is Not A Crime relate to video of police officers 17 behaving badly? 18 A Police officers, public officials, other 19 public officials; notjust 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 I 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 I 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? 8 A The principles? Carlos Miller is the 9 principle. 10 Q Carlos Miller? I 1 A Yes, sir. 12 Q Is Photography Not A Crime incorporated? 13 A Is Photography Not A Crime incorporated? 14 I'm not sure. You would have to ask Carlos about 15 that. I'm not sure if it's incorporated or - 16 Q Where does Carlos Miller live? 17 A Miami. 18 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 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 18 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? 11 A I do. 12 Q Do you get paid for those contributions? 13 A No. 14 MR. TAYLOR: Objection. IS BY MR WELLS: 16 Q You also indicated that you are involved in 17 activism related to transparency in government. 18 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'm 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 are upholding our right to access public records, our Page 5 (Pages 17-20) Page 19 I 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 journalistic events with Photography Is Not A Crime, 6 or your mission ufTransparency In Government? 7 MR TAYLOR Objection. Irrelevant 8 BY MR WELLS: 9 Q You can answer. 10 A I believe that is irrelevant. I 1 Q With all 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— Is 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 I've been involved 22 in. 23 MR. WELLS: Certify the question. 24 And be advised that ifthojudge overrules 25 the objection one of you will pay the cost of Page 20 I this deposition, Okay? 2 MR TAYLOR: That's not necessarily — the 3 judge makes that determination. Carry on. 4 BY MR WELLS: 5 Q Have you tiled income tax returns for the 6 last — since 2000? 7 A Yes. 8 Q Is yaw wife employed outside the home? 9 MR TAYLOR: Objection. Irrelevant. to THE W"ESS: I believe that's irrelevant. 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 is 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. 18 MR WELLS: Are you instructing him not to 19 answer? 20 MR TAYLOR: I [Wade my objection and he's 21 made his call on that; he's chosen not to 22 answer. I can't make him give you the answer 23 that you went. If you'ro 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 suggestion that you call one of your partners and ask them if the way you're proceeding is the appropriate way to proceed? I don't want to disrupt the deposition. I don't want to terminate it, but I'm not going to go through the deposition and have you all answer it's not relevant. MR- TAYLOR: I'm simply making an objection for the record. MR. WELLS: You need to instruct your client to answer the question unless you're instructing him not to. MR. TAYLOR: He's answered your question. I can't — I don't know what you want me to do. MR. WELLS: I want you to tell him to give the factual information that I'm asking unless you tell him not to answer. MR. TAYLOR: I'm not telling him not to answer. He's answered your question. I can't make him give you the answer that you want him to give you. I can't do that. That would essentially be me testifying. Pm not the one being deposed here. I mean, if you disagree, you're free to go to Court and get a motion, you know, to compel, but — I mean, I'm perplexed at Page 22 what you want me to do. I can't make him give you the answer that you want lie's answered the question the way he's answered iL MR. WELLS: For the record, we are attempting to reach Judge Norton to obtain a rating on the declination of Mr. Gray to answer certain questions. (Phone call was placed to Judge Norton.) THE COURT: Hello. MR- WELLS: Judge Norton. THE COURT: How are you? MR. WELLS: I'm fine. Thank you. How are you? THE COURT: I'm good. I have Mr. Wells and Mr. Taylor on the phone? MR. WELLS: Yes, you do. THE COURT: Just to let you all know, I pulled the case up and read — skimmed super fast the complaint and the answer. I guess this is a public records case or a Chapter 119? MR. TAYLOR: That's correct. MR. WELLS: That's correct, Your Honor. THE COURT: Are y'all in the deposition, I understand, right now? MR. TAYLOR: Yes, ma'am. Page 6 (Pages 21-24) Page 23 1 MR WELLS: We ate. Your Honor, on behalf 2 of the Defendant, Practice Academic Cultural 7 Education Center for Girls -- we call PACE —1 4 nm deposing the Plaintiff, Mr. Gray. 5 We really havejust gotten started and I 6 started asking questions about his sources of 7 income or whether he has received income from 8 certain sources. And I also asked a question 9 about whether his wife is employed outside the to home. And Mr. Taylor objected on the basis of I I relevance, not on 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 18 we — before I go much farther and encounter 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 be? 23 MR. TAYLOR: My response, You Honor, is 1 24 made my objection based an relevance. As you 25 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. Us a 6 constitutional right. It's 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, 11 I can't instruct him to give a certain answer if 12 there is an objection. He does have to answer, 13 yes. ft's undisputed, Your Honor. But I can't 14 instruct him to give a specific answer; I 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 18 it essentially would be my testimony instead of 19 his. So that's 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 answer a 23 question in a certain way because obviously, you 24 know, discovery is a seek for the truth, to 25 obtain information So I have absolutely no Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 25 interest in instructing Mr. Gray to answer — and I'm having a hard time hearing you too, sir, but I just want to let you know by no means am I planning to tell Mr. Gray, Hey, you have to answer this question in a certain way. And that's why I'm a little confused, sir, by your response. MR. TAYLOR: By — I'm song. By my response, Your Honor? THE COURT: You seem to be under the impression -- I mean, obviously them's a differece between saying to Mr. Gray, Please answer the question for Mr. Wells versus — maybe I'm not understanding you, but you went into this dissertation about how I can't control what the witness says. And that's where Pm confused because I don't think anyone is trying to get you to tell Mr. Gray what to say. I think the issue is: Does Mr. Gray have to truthfully answer the question? I'mjust a little confused, sir, by what you're saying. MR. TAYLOR: What I'm essentially saying, Your Honor— and I'm sorry for the confusion — THE COURT: That's okay. MR. TAYLOR: -- but what I'm saying is that Page 7 (Pages 25-28) Page 27 1 make the determination may not be appropriate to 2 be admitted in front ofeither myself or a bench 3 trial or in front of s jury at some point. 4 Now I an a little concemed 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 part of this dialogue so 9 he'll 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 hem. 14 THE COURT: Oh, I didn't know he was there. 15 Hi, Mr. Gray. I didn't know you were there. I'm 16 Judge Norma. 1 hope you're having a good day. 17 THE WITNESS: Hi, Judge. How are you? I'm Is having a good day. 19 THE COURT: I'm good; I'm good. So what 1 20 just need to do, Mr. Gray, you've heard my 21 ruling. I'm glad you were in there. And I 22 just — from what-- you know, ifat some 23 point —1'm going to be here all afternoon — if 24 at some point there's another Hue of questioning 25 that you find inappropriate, I'm happy to talk to Page 26 Page 29 1 1 made my objection and— I objected and I everyone. But right now, those are fair 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 he7 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 I choose not to answer that question. And I s THE COURT: IT be hem all afternoon. 9 guess the issue hem is whether that is an 9 This is my job, to handle things like this, so 10 appropriate response by Mr. Gray under the 10 give me a call if you need me. Okay? 11 circumstances. 11 THEWITNESS: Okay. Thankyou. 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: [lave a great day. I'm going to 15 THE COURT: And you are 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 I look Is Q Mr. Gray, given Judge Norton's rulings, let 19 at discovery. I think that Mr. Wells has —1 19 me pose the question one more time. From your 20 would agree with him on this issue of televanry 20 activities with Photography Is Not A Crime and your 21 at this point. Obviously, IT 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 be 23 A I have not derived any income from 24 admissible at trial because obviously things that 24 Photography Is Not A Crime. 1 have derived income 25 can be 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 ruords? 7 A Have I derived any income from — no, 8 Q Your YouTube site, Honor Your Oath -- 9 A Yes, air. 10 Q — how do you derive income from that? I I A Through monetization of the videos. 12 Q Do you sell those; do people access them; do 13 they pay a fee? 14 A When you monetize a video on YouTubc, 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 than 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 morning 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. Ira a certain 2 percentage — I'm 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. I've been doing that— I cant 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 20132 12 A My sole source of income since October of 13 20137 No. 14 Q What other sources of income bave 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, is through public records requests, I do receive 19 settlements. 20 Q You receive settlements? 21 A Yes. Page 8 (Pages 29-32) Page 31 I Q Are the settlements paid to you, or ere they 2 paid to your attorneys and then from the attorneys to 3 you? 4 A They are 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 altomey/client privilege. So I have to instruct 12 him -- 13 MR. WELLS: You're seeking attomeys' fees 14 in this case, so it's not privileged. t5 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 there was a 18 settlement in the past and the pementage that — 19 MR. WELLS: No. Pm 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 (The following question was certified.) 23 BY MR. WELLS: 24 Q Do the —the complaint that you filed in 25 this case against PACE does not seek damages; it only Page 32 I seeks attomeys' fees. Do you gel — in these 2 lawsuits that you filed, do you get a portion of the 3 attomeys' 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. That's 6 attomey/client privilege. 7 MR. WELLS: Are you instructing him on that 8 one? 9 MR. TAYLOR I am on that one. Yes. l0 MR. WELLS: Certify the question, if you II would. 12 BY MR. WELLS: 13 Q I bad also asked you if your wife was 14 employed outside the home. 15 A Are you saying is she employed outside the 16 home? 17 Q Yes. 18 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 Q From whom? I22 no. 23 A Whatever vendor that I sue. 23 Q Okay. Is she involved in any way in your 24 Q Whatever vendor you sue? 24 contributions to Photography Is Not A Crime or your 25 A Yes. 25 Transparency In Government activities? Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 33 I A No. Other than just being my wife and 2 supporting me, no. 3 Q Does she ever accompany you on any trip you 4 make to request public records? 5 A Not that 1 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 Government? 10 A I'm not sure what you mean by that. I1 Q Did you have any issues an thejob, any 12 issues with your supervisor, any complaints about your 13 work at Winn-Dixie? 14 A No. I left on good terms. 15 Q Sir? 16 A I left on good terms. 17 Q Again, my question is: Did you have any 18 issues at work? You may have left on good terms, but 19 did you have problems on thejob 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 Where? Page 34 1 A I was arrested in Brevard County and I was 2 arrested in Bradford County. I believe that's where 3 Lawtey 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 attests in Brevard County and in 10 Lawtey related to your filming 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 YouTube, And 15 if Carlos Miller is interested in the videos, he'll 16 contact me and ask me if he can publish them on 17 Photography Is Not A Crime, so hejust gets the link is offtheYouTube. 19 Q Do you know Mr. Miller's address? 20 A I don't know his address offthe top of my 21 head 22 Q Do you know an email address for him off the 23 top of your head? 24 A No. I have it on my phone. I can get it 25 offmyphone. Page 9 (Pages 33-36) Page 35 1 Q Ifyou don't mind. 2 A It is carlosmiller — all one word — 3 c-a-r-I-o-s-m-i-14-e-r@magiccity. It's 4 @magiccitymedia. 5 Q Magiccity@magiccitymedin? 6 A Yes. 7 Q Thank you. Okay. Mr. Gray, in addition to 8 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 I'm 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 form. 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 l Q Can you give an estimate somewhere; is it 2 10,20,30,40? 3 A An estimate, 30. 4 Q Okay. Do you recall the date — approximate 5 date of the fust 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. a Q To your knowledge, have all of the 9 approximate 30 lawsuits that you have filed been filed 10 in calendar year 2014? 11 A Yes. 12 Q Can you tell me approximately how many you 13 have filed in Duval County? 14 A Approximately in Duval County? is Approximately eight. I don't have that information in 16 front of mc. 17 Q You reside in St. Johns County. Have you 18 filed any them? 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 bead. 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 Broward7 2 A Yes. 3 Q Do you know if you filed airy in Flagler 4 County immediately south of St. Johns? 5 A I'm not sum, rm not sura which ones I 6 filed. I would ban to access my information. I 7 don't have that with me, my fila. 8 Q Okay. Are the lawsuits that you have 9 riled — approximately 30, all in calendar year 10 2014— based on your personal visit to offices where I I requests for public records ma made? 12 A Yes. 13 Q So all of the lawsuits you filed involve 14 requests for public mcords7 15 A Yes. 16 Q Other than public records lawsuits, have you 17 filed any other lawsuits in the calendaryear 20147 18 A Not that I recall, no. 19 Q Have you been involved in any lawsuits at 20 any time in the lest ten years other than the public 21 records lawsuits thatyou've identified? 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 Youte speaking agencies, the state 9 agencies? 10 Q Yes. I I A I filed with agencies of FOOT, Departmentof 12 Children and Families, Department of Health. 13 Q Okay. 14 A That's the ours I can think arright now 15 that I filed. 16 Q Okay. Let me go back a moment Yom 17 decision to leave Winn-Dixie and to gel 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 m? 23 A No. Just the passion that I have for the 24 activism that Pro pursuing, the acwunmbilityof 25 government Page 10 (Pages 37-40) Page 39 1 Q Okay. It's just something that just 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 another way m 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 Io a full-time basis? I I MR TAYLOR Objection. Asked and answered. 12 THE WITNESS: [4n 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'sjust general — you 17 know, the right to know what's going on in 18 government, the right to film government 19 officials doing their jobs 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 Wirer-Duie7 25 A Yes. Page 40 1 Q For haw long? 2 A I started my YouTube channel in 2011. And 3 that's about how long, since about 2011, so ray 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 11 your interest in government responsibility? 12 MIL TAYLOR:* Again, objection. Asked and 13 answered 14 THE WITNESS: Yes. 15 BY MR WELLS: 16 Q Pardon me? 17 A Yeah. Just general. is Q rve asked you about a number of lawsuits. 19 Is M. Gray — W. Taylor's firm repremming you in 20 all of those lawsuits? 21 A No. 22 Q Of the approximately 30 that you think you 23 may have filed, how many is his law fuer involved in? 24 A Approximately —approximately 25 to 30. 25 Q How many other law frons are representing Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 41 I you in your public records litigation? 2 A One other low firm is representing me. 3 Q And who would that bel 4 A That would the Abraham Shakfeh Law Firm. 5 Q Where is he located, or that law firm — 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? II A Correct. 12 Q Can you spell Shakfeh for this lady? 13 A Just a second. Shakvech (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 there anybody in the O'Boyle Law Firm that is working 19 with you on any of these cases? 20 A Yes. 21 Q Who would that he? 22 A Giovanni Mason. 23 Q Did you approach the OBoyle 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 Lew 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 government, open 9 records transparency. 10 Q I apologize. Did you give me the name of 1 I somebody else in the O'Boyle law Firm? 12 A Giovanni Mason. 13 Q Okay. You did. I'm sorry. Do you know, 14 between Mr. Taylor and Mr. Mason, how many lawsuits 15 they arc 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. I 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 Ring? 2 A Rayne. Ion not sure how to spell his last 3 name. Bill Rayne. 4 Q Anyone else? 5 A There are, but I can't recall their names. 6 Q Have you been to the offices of the O'Boyle 7 Law Firm? 8 A I have. 9 Q How many times? 10 A Three, maybe four times. 11 Q In your lawsuit that you filed against PACE, 12 one of the claims you're making 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 attomeys' fees? 18 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 sun which ones; ran 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 Yes, yes. You maintain that file in St. Augustine? I do. 4 Q And so you believe that in that isle 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? 11 A I have a written fee agreement with Shakfch 12 and t do with — yes — O'Boyle. 13 Q Is that for each lawsuit, oris thatjust a 14 standard fee agreement? 15 A It is a standard fee agreement 16 Q So you don't have approximately 30 different 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 MR. TAYLOR: I would object to that. 24 Whether it is or not, that's attomey/client 25 privilege. It has to do with our fee agreement Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 45 I with Mr. Gray. 2 MR. WELLS: Mr. Taylor, you're seeking 3 attorneys' fees in this case. And in order to 4 prove any attomeys' fees, you're going to have 5 w 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 Filen object to your seeking 8 attorneys' fees in the unlikely event you prevail 9 in this case. t0 MR. TAYLOR: The attorneys' 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 attomey/client privilege. Is MR. WELLS: Okay. Would you certify that 16 question? 17 BY MR. WELLS: 18 Q In connection with — stoke 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 So 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 O£the approximately 30 cases that have been 4 tiled on yaw behalf, can you tell me approximately 5 how many of them have settted? 6 A Approximately how many of them settled? 7 Approximately -- I'd 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 Filed 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 anomcys' fees to the firm? 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 attorneys' fees? 21 A rm 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 attorneys' fees? Page 12 (Pages 45-48) Page 47 I 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 get mileage or airfare — 8 A No. 9 Q — or anything like that? How arethe 10 payments that you gel fare the settlements — stoke I I that How do you document payments you get from these 12 settlements? 13 A Haw do I document? 14 Q Yes, sir. Do you have Quickbooks; do you 15 have any kind of ajouaal; do you have a ledger that 16 you maintain records ofwhatever you receive? 17 A My recordkeeping is pretty sloppy, to be 18 honest with you. I have a folder at home where I keep 19 the check and Ijust write down which vendor settled 20 and I put it in a folder. 21 Q Okay. Are your activities in seeking public 22 records from different agencies — and I think you 23 used the word vendors — do you work with someone7 24 You mentioned Mr. Covenant. Is there anybody else 25 other than Mr. Covenant that you worked with when Page 48 I you — 2 A What you domean by workwith? 3 Q When you gain an agency or to a vendor, are 4 you 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 pereenlage? I would say the majority of 9 the cases that I've been involved in sommae is 10 usually with me. II Q Okay. Of those in whichyou have been 12 accompanied, how many of those have been Mr. Covenant? 13 A I don't know. I 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 address? 17 A It's one of those things I knew where he 18 lives, but I don't know his street address. No, sir, 19 1 do not 20 Q Is there anyone in the Jacksonville arta, 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 1 25 recall. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 10 12 13 14 15 16 17 18 19 Page 49 Q Canyon give me the time of anyone else in any other area who has accompanied you on your trips for requests for public records? A In any other area? Joel Chandler, Carlos Miller. Q Okay. Where does Mr. Chandler five? A Mr. Chandler lives in Lakeland, Florida. Q To your knowledge, do individuals like Mister — strike that. On any of the public records requests that you have been on, has the interaction with the government agency or vendor been by you primarily, or are there occasions in which Mr. Covenant or Mr. Chandler or Mr. Miller has actually made some public records requests? A The majority of the time, it is usually myself or Joel Chandler. I believe Mr. Covenant has requested records — I'm not sure how many times but its usually Mr. Chandler or me that does the public records request Q Has Mr. Chandler been involved in any public records requests in Duval County? A Yes. Q Which one? A I'm not for sure. You mean with me? Q Yes,withyou. - Page 50 A Which one? I would have to access my records to see which ones. He was not with me with PACE. Q What kind of records do you maintain that would show you whether Mr. Chandler was with you on any given occasion, or Mr. Covenant, or Mr. Miller? A Well, die videos show whether he was with me 8 ornot. 9 Q Videos, multiple? 0 A Yes. I Q Do you video each request you make? 2 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. Miller's name regarding public records 25 specifically? Page 13 (Pages 49-52) Page 52 Citizens Awareness, Q What did be resign from; was he employed by Citizens Awareness or — A I believe he was employed, yes. Q Do you know where the offices of Citizens Awareness is? A Ido not. Q Sir? A Somewhere in Miami, I believe, Deerfield or 10 Miami. 11 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 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 cases 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, are you familiar 8 with the Citizens Awareness Foundation? 9 A Yes. to Q Okay. Do you play any role in the Citizens it Awareness Foundation? 12 A No. 13 Q You're not employed by the Citizens 14 Awareaess Fuundation7 15 A No. 16 Q You're not on the board of directors? 17 A No. 18 Q Youte 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 Citizens Awareness, Q What did be resign from; was he employed by Citizens Awareness or — A I believe he was employed, yes. Q Do you know where the offices of Citizens Awareness is? A Ido not. Q Sir? A Somewhere in Miami, I believe, Deerfield or 10 Miami. 11 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 1 have not been to Citizens Awareness 18 offices as in as I know unless... 19 Q But you have been to the offices of the 20 O'Boyle Law Firm? 21 A Right. 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 the Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 53 1 board of directors of Citizens Awareness? 2 A Do I know anybody who serves on the board of 3 directors of Citizens Awareness? I 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. li 8 Q Have you ever had any type of agreement or 9 formal relationship with Citizens Awareness? 10 A No. 11 MR. WELLS: We'll take about 10 -minute 12 break. 13 (Brief break.) 14 BY MR. WELLS: 15 Q I meant to ask 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 t met at Firehouse Subs and had lunch. 2 Q When? 3 A When? About— I'mjust not sum 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 government — 9 A No. 10 Q — as full-time -- 11 A No. 12 Q Did Mr. Chandler introduce you to 13 Mr. Abraham Shakfeh? 14 A Yes. 15 Q Do you know if them's any type of 16 relationship or arrangement that you're aware of 17 between Mr. Shakfeh and the O'Boyle Firm? 18 A No. 19 Q You indicated that Mr. Chandler had resigned 20 from Citizens Awareness. 21 A Correct. 22 Q I tray have asked you — if I did, I 23 apologize — do you know where! 24 A Do 1 know when? 25 Q Yes, sir. Page 14 (Pages 53-56) Page 55 1 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 il. 7 Q On FOG Watch? 8 A Yes sir. 9 Q F -o -g W -a -t -c -h? 10 A ft's an acronym for Florida Open Government I 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 them was differences, irreconcilable differences, I 15 believe, was what it was in the goals that were set 16 But other than that, Pro not really sure. 17 Q Irreconcilable differences in the goals that 18 were set? 19 A Yes. 20 Q Have you bad 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 Mr. 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? 10 A Yes. i 1 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 any specifics about it or anything lite that. 15 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. I'm 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 15 (Pages 57-60) Georgia Winegeart & Associates 301 West Hay Street, Suite 1450, Jacksonville, Florida 32202 Page 57 Page 59 I Q And Mr. Chandler lives in Lakeland? I A No. 2 A Correct. 2 Q Tell me how you do a search. Haw did you 3 Q Did he go to the offices of Citizens 3 find the contract involving PACE? 4 Awareness to work, or do you know? 4 A The contract involving PACE, Thomas found 5 A I believe he traveled, yes, between his home 5 it — Thomas Covenant found it. He sent it to me by 6 and Miami. 6 email. And we looked at it and it was in 7 Q Okay. Is Mr. Chandler, to your knowledge, 7 Jacksonville, so it was close by. Thomas found it for 8 still involved in public records requests? 8 me. 9 A Ym, he is. 9 Q And he sent it to you by email? 10 Q Do you know if he is represented in any way 10 A Correa 11 currently by the O'Boyle Firm? 11 Q Other than Mr. Covenant, has anyone else 12 A Ido not know. 12 ever assisted you in locating a contract with a state 13 Q Do you know if he's represented currently by 13 agency or the vendor? 14 Mr. Shakfeh? 14 A Joel Chandler. 15 A I do not know. 15 Q Anyone else? 16 Q From reading the complaint in this case 16 A Not that I recall. Just Thomas and Joel. 17 involving PACE, i have gleaned from that that you 17 Q It's your testimony today that nobody in the 18 visit agencies or vendors, as you call them. Do you 18 O'Boyle Firm has assisted you in finding contracts 19 consider PACE a vendor? 19 with the State of Florida? 20 A Yes. 20 A Nobody in the O'Boyle Firm has ever assisted 21 Q Okay. When you visit an agency or a vendor, 21 me in finding contracts in the State of Florida. 22 you generally have a contract -- 22 Q Has say attorney ever assisted you? 23 A Yes, 23 A No. 24 Q — of some sort that either the agency has 24 Q Nobody other than Mr. Covenant and 25 or the vendor has with an agency; is that correct? 25 Mr. Chandler and you have been involved in identifying Page 59 Page 60 1 A That's correct. 1 and downloading contracts with state agencies? 2 Q Where do you get the contract? 2 A What do you mean by that? I mean, I don't 3 A I get the contract offline from the 3 know if anybody else has done it. 4 government website. 4 Q That you bave utilized in your efforts? 5 Q Which government website? 5 A That's correct. Just me, Thomas and Joel. 6 A Man, I can't think of is right now. I'm so 6 Q Okay. Did anybody tell you how to do that? 7 bad about this. Pm sorry. The CFO website, the 7 A Did anybody tell me how to do it? No. e government website where this all — you get it fern 8 Q Okay. Itsjust something you kind of 9 the Attorney General website and the CFO website, just 9 learned on your own? to go on there as a public record, to A Yeah. 11 Q Du you gel those, or does somebody get them 11 Q When you locate a contract with a government 12 for you? 12 agency, how do you determine what records are involved 13 A I get them and sometimes Thomas gets them 13 in the contract? 14 for me. 14 A How do we determine what rewrds are IS Q Sometimes who? 15 involved in the contract? Specifically, with the 16 A Thomas. 16 example of PACE, I look at the contract onlinq sce if 17 Q Thomas? 17 the contract is active. We look for the public 18 A Covenant. 18 records language in the contract And if it says in 19 Q So either you or Mr. Covenant does a search 19 the public records language — if it says in the 20 online for government contracts — 20 public records language in the contract, if it says 21 A Uh-huh. 21 that the vendor, as I call them, is subject to public 22 Q — through various government agencies; is 22 records, we decide to go do a public records request 23 that correct? 23 Q Is it not your experience, in looking at 24 A Through various government — yes, yes. 24 contracts with state agencies or any government 25 Q No one provides you with those contracts? 25 agency, that there's language in there requiring the Georgia Winegeart & Associates 301 West Hay Street, Suite 1450, Jacksonville, Florida 32202 Page 16 (Pages 61-64) Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 61 page 63 1 agency or the entity to comply with public records I whether We subject to Chapter 119 or not. And the 2 law? 2 contract don't necessarily, you know, help me 3 A Yes. It is — in the contract, it 3 determine which record I want because it's whatever 4 specifically does state that they arc required to 4 falls under the definition of public records is what 5 comply with the records language, if the 119 language 5 I'll ask for. 6 is there. 6 MR. WELLS: Ms. Silverberg, would you read 7 Q So how do you determine what document you 7 that last question and response back? 8 want to request? a (no last question and answer was read back) 9 A How do 1 determine what document? Just 9 BY MR. WELLS: 10 whether it's public record or not, if its a part of 10 Q I'm not sum I understand that, Mr. Gray. 11 the contract, if it falls under the definition of 11 You get a contract that a vendor has with a government 12 public retards. 12 agency; you download it? 13 Q Okay. Does anyone assist you in determining 13 A Uh-huh. 14 what document to request that may be part of a 14 Q You get a hard copy? 15 contract that you bavc reviewed? 15 A Correct 16 A Does anyone assist me? No. I made that 16 Q And you review the contract to make sure — 17 determination myself. 17 or to determine if there is a public records 18 Q So can you tell me how many government 18 compliance requirement in the contract? 19 contracts you have reviewed in calendar year 2014? 19 A Correct 20 A Calendaryear — 20 Q Then you take that contract to a vendor? 21 Q I'm not limiting it to state — any 21 A If I'm determined to go to the vendor, yes; 22 governmental entity whatsoever. 22 typically, I will have the contract. I like to have 23 A So you're talking about contracts between 23 the contract in my hand. 24 the government — any agency and a vendor? 24 Q So you make a determination that you're 25 Q Well, its my understanding you don't limit 25 going to go visit ABC vendor? Page 62 Page 64 1 your public records request to vendors. I A Yes. 2 A Right 2 Q And you ask far what when you go tm ABC 3 Q You go to government agencies and make 3 vendor? 4 requests? 4 A Just whatever comes in my mind when I'm 5 A Ycah. But the government agencies don't 5 going in there, whatever is in relation — whatever 6 have contracts. 6 documents are created and are received in relation to 7 Q But they have documents? 7 that contract that they have with the State. So it 8 A Yeah, they have documents. I wam't sure a could be anything from the signatory page of the 9 what you mean. 9 contract itself, if the contract requires — which 10 Q For right now, we'll limit it. How many 10 they all do — they all require that there be adequate 11 contracts have you reviewed that any government agency 11 liability insurance, I'll ask to inspect and 12 has with a vendor, such as PACE, in calendar year 12 photograph a copy of the liability insurance 13 20147 13 certificate, Sometimes I'll ask for the most recent 14 A I would say approximately 50. 14 invoice. Just whatever records are created or 15 Q And of that approximate 50, you filed suit 15 received in conjunction with the specific contract 16 on approximately 307 w that I'm visiting the vendor with. 17 A Approximately 30. 17 Q Do you know anyone who uses the email name, 18 Q Okay. And you review --you have reviewed IS a -n -o -n -a -m -a, Anemone? 19 all 50 of these contracts approximately to determine 19 A Not that I recall, no. 20 if they're subject to Chapter 1197 20 Q Okay. 21 A Correct 21 A What is it again, A -n -- 22 Q And you have reviewed approximately a1150 22 Q A -n -o -n -a -m -a. Two words. 23 contracts in order to determine what documents to 23 A No. 24 request? 24 Q The answer to my preceding question was kind 25 A No. Im reviewing the contract just — 15 of what 1 was looking for earlier. When you have Georgia Winegeart & Associates 301 West Bay 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 far? 4 A Uh-hub. 5 Q How do you make the determination what to 6 ask for? 7 A How do I nmke the determination what to ask 8 for? Since I'm doing an in-person public retards 9 request, what I typically do is I'll ask for the to absolutely easiest thing for the vendor to comply with I t 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'ttake a lot of effort on their par and I ask 'I 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 whetter or not there's any redactabie information on 22 it that's required by Florida Statute 119, you know, 23 things lice 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 How do I know wbal's accessible? Based on 2 if it's created or received in minion to the 3 contract, the vendor contract. It's the public 4 records law. 5 Q How many of the 50 contacts — 6 approximately 50 contracts that you downloaded have 7 you actually visited an agency or vendor to request 8 documents from? 9 A Lice I said, I believe there's been 30 to 40 10 that I've visited this year. I 1 Q And of the — and you said you sued 12 approximately 30? 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, yes. A 18 little more than halt, 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 With m problem. Some of them just comply 23 when you go in and ask for records, 24 Q Of the 30 or 40 that you have visited of 25 your appmximate 50 contracts you have downloaded, how Page 17 (Pages 65-68) Page 67 1 many of those requests have been for some type of 2 proof of insurance? 3 A I would say the majority of them we for 4 proof of insurance. When I go in, that's the document 5 I typically ask for is the proof of liability 6 insurance. I like to check and see if they have the 7 insurance required by the contract. 8 Q Of those approximately 30 to 40 vendors — 9 of the 30 to 40 you've mentioned, am they all vendors to like PACE? I l 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 I'm going 24 to visit? Well, like I said earlier, I look at the 25 contract. I determine whether the contract is Page 69 I active. And then if it's a vendor that Pm 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? 8 A Any particular vendor? Nothingreally 9 specific. There's nothing that snakes me interested in 10 any one vendor over any other. I just want to go see 11 if the records are them. 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 dont 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 Bmwwd 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 69 1 you? 2 A No. . 3 Q Okay. Do you know if there are vmdom or 4 state contracts in your home county? 5 A I'm sure there ate, but I haven't reviewed 6 any contracts that I can remember. 7 Q You haven't viewed any contracts between a 8 vendor and a sate agency in St. Johns County; is that 9 correct? 10 A That's correct. 11 Q You've indicated that you have a file with 12 all the complaints that have bean filed in your name? 13 A (Nods head.) 14 Q Isthatayes? 15 A I don't have all of them, no. I don't 16 have --because some of them, just quite frankly, have 17 not been sent to me. 18 Q They quite frankly what? 19 A They haven't been sent tome. 1 don't have 20 all of them, all of the complaints, 21 Q Okay. Do you maintain a log of each visit 22 you make to a vendor? 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 1 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 public records. 8 A I have. 9 Q So I assume then, from your immediately 10 prior statement, that you got a contract with each I1 video for all the visits you've made. 12 A Yeah. But I don't save all my videos and I 13 don't save all my contracts. 14 Q Okay. 15 MR. WELLS: For the record, I would like 16 this to stand as a request for the preservation 17 of all evidence, specifically including videos, 18 that are still currently in existence or 19 obtainable. 20 BY MP- 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 1 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 YouTube. 5 But other videos whem I've gone into vendors and they 6 complied or they scheduled me to come back, I don't 7 keep every video that I record. 8 Q Scheduled yen to come back. So them are 9 some vendors that have asked you to come back? 10 A Yes. I1 Q And do you do that? 12 A I have sometimes come 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 there that has the contract, or the 16 person that's designated as the contract — the person 17 that's designated as the contact person. 18 Q Okay. So there we circumstances where the 19 person who might be in charge of the contract is not 20 available? 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 of prior commitments, given the fact yen Page 72 1 haven't given notice of your intent to visit? 2 A Yes, 3 Q In those situations, do you go back when the 4 person is available? 5 A Asa matter of fact, with PACE, I went 6 back. I went there and 1 requested it. They said 7 that the person was not available; Can you come back 8 later? I said, What time can you expect the contact 9 person to be there? And they said, Well, come back 10 later this aftemoon. I can't remember exactly when I I it was. So I came back later that afternoon. 12 Q Did you video both visits? 13 A I don't recall if I videoed both visits or 14 not. I don'trecall. IS Q Mc Taylor has provided me, I think — I 16 really haven't looked at it — I think it's just one 17 episode, if I undersand it 18 A Uh-huh. 19 Q Is drat a yes? 20 A Is that a yes about what? 21 Q There's only one episode? 22 A Yeah. 23 Q You only videoed one encounter, if you will, 24 at PACE? 25 A That'a correct Yes. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 9 to 12 13 14 16 17 18 20 21 22 23 24 25 9 10 Page 73 Q Do you know if the video you made at PACE was of the fust visit or the second visit? A Imes the second visit. Q The second visit? A Yes, Q Okay. When you visit a vendor, do you ask for anyone in particular when you get there? A Usually I tryto ask fora person, if it's what's listed on the contract, I try to ask for the contact person that says the contact person where the administrative records are stored is and it will give a name. And I'll typically try to ask for that person, or the public records coordinator, or whoever you guys have to handle public records requests. Q Did you do that with PACE? A I don't recall specifically if I did. I would have to review the video again. I don't recall. Q Why do you video what you're doing? A Why do I video? To document the public records request. Q We refer to video. In whatever filming you do, do you also include audio? A Yes. Q So what Mr.Taylor sent me is not only a video of your encounter with the folks at PACE, but it Page 74 also includes audio? THE WITNESS: Is that what you sent him? MR. TAYLOR: It was my understanding that it's both. I'm saying it was — I'm showing what we sent you was video and audio. If you didn't get either one, we can certainly — MR. WELLS: I have intentionally not —I mean, I opened — I saw the bit about what it was and then I shut it down because I wanted this to be — I I MR. TAYLOR: Okay. Understood. 12 THE WITNESS: It's always — whenever I do 13 video, it's audio and video. 14 BY MR. WELLS: 15 Q Okay. And Mr. Covenant was with you? 16 A Yes. 17 Q Is he shown on the video that you make? to 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 21 video? 22 A 1 use a Canon ECS camera because that's the 23 one that I also use to take a photo of the documenL 24 Q A Canon EOS, that has — and I'm totally z5 illiterate, okay — a Canon EOS has video and audio Page 19 (Pages 73-76) Page 75 1 capability? 2 A CormcL It looks like a still photo 3 camera, but it has — because that's what I use it 4 mainly for, is to photograph the documents also, and 5 it also has audio and video capability, yes. 6 Q Okay. Do you ever use any type of iPad, 7 mini pad, any kind of tablet kind of thing? 8 A 1 will occasionally use rry iPad, yes, if 9 it's got— sometimes I don't have the contract 10 printed out and I'll just have the basic information I I about the contract: The contract, the 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 make a request for a document, 15 pursuant to public records request and you aro 16 videoing with audio, do you notify whoever it is that 17 you're doing that? 18 A No. 19 Q Do you obtain their consent to do that? 20 A No, 21 Q Is theca a reason why you do not? 22 A No. 23 Q I know you're represented by counsel, but 24 have you ever considered the legality of obtaining 25 video and audio of someone without obtaining their Page 76 I consent? 2 A The legality of ill I know the public — 3 Pm not an attorney or 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 are 7 standing in the shoes of the State and the public s officials have no expectation of privacy while 9 performing their official public duties. 10 Q So it's your interpretation of whatever I I provision youjust read 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, sir. 19 A I'm not sure f understand what you mean. 20 Q Have you ever sought advice of counsel as to 21 whether your interpretation is correct? 22 A Outside of advice of counsel? No. 23 Q Sir? 24 A No. 25 Q Has anyone ever objected to your using 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 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 mquest activities? 13 Q Yes. 14 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, orjust the 19 agency? 20 Q What objection may have been made, who made 21 it? 22 A Let's see. Members of the Jacksonville 23 Sheriffs Once have objected. The Jacksonville 24 Agriculmml Department has objected. The videos am 25 all on my YouTube channel. I would have to look at page 76 1 them to see which ones specifically objected because 2 there are 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 ton 6 objection? Pursuant to an objection, what do you 7 mean? 8 Q If anybody ever made an objection to 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 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 requmL 18 A I don't understand the question. 19 Q Okay. 10s 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 correct? 23 A Tbafs coaccL 24 Q Has anyone ever objected to your having 25 videoed your request of that person in your making 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 took? 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 CorrmcL 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 are 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 they just 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, I'm hem to 9 make a public records request. 10 Q You don't give them you time 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 Ion looking for 16 when I make a public records request? I tell the 17 person that pm speaking to — usually I'll have the 18 contract in my hand; I've printed iL I tell them 19 what the contract number is. I tell them it's the 20 contract between whatever veador it is and whatever 21 agency they have the contract with Like I said, I 22 give them the contract number. And I simply say, I'm 23 making a public records request; I would like to 24 inspect and photograph whichever document Pm asking 25 to inspect and photograph. Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page al I Q Okay. Assuming that — without regard to 2 PACE, but just generally speaking, you go to a vendor, 3 you make a request, for whatever reason you don't get 4 the documents you requested, I believe you indicated 5 there are times when you go back 6 A Uh-huh. 7 8 10 11 12 14 15 16 17 IB l9 20 21 22 23 9 10 12 is 16 17 ]a 19 20 21 22 24 25 Q Is that a yes? A Yes. Q Am there times when you don't go back? A Yes. Q What dictates those limes when you don't go back? A Opportunity, time, distance, how busy 1 am. Q Have you ever left your name and contact information with any vendor when you were unable to get the documents you requested — A No. Q — upon your initial visit? A No. Q Is them a reason for that? A Because I have a right to remain anonymous when I make my public records request Q You have a right to remain anonymous? A Yes. Q Is that why you filed 30 lawsuits'? Page 82 A Is that why I filed 30 lawsuits? Q Yeah. A I filed 30 lawsuits because my rights have been violated and they violate my right to access public records. Q How long after you leave a vendor's office, when you don't get whatever it is you're asking for, do you notify either the O'Boyle Firm or Mr. Shakfeh? A I have no set period of time. Q How do you do that, by phone? A By phone, by email, whichever. Q Do you usually use your mobile phone when you make phone calls? A Yes. Q Okay. I'm going to ask you specifically some questions now about PACE and some of these will — probably your responses earlier will apply. I'm going to assume that you somehow downloaded a contract that PACE had with the agency that you believed they had a contract with. A Right Q Was that just a random downloading from the agency, or how did you locate that contract? A With PACE, I was contacted by Thomas and he said, you know, there's a contract here in Page 21 (Pages 81-84) Page 93 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 10 complaint? 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 Idon'trecall. 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[ 21 decided, I believe I asked for the 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 1 Q Did you ask for anybody specifically? 2 A I can't remember if I asked for anybody 3 specifically. I would have to watch the video again. 4 Q Okay. You indicated earlier that sometimes 5 you ask for whoever is in charge of the contracts. 6 Did you do that at PACE? 7 A That's what I just said; I don't recall if I s did. 9 Q When did you and Mr. Covenant make a Io decision that you were going to go visit PACE? 11 A I don't recall. 12 Q Do you recall the date you went to visit 13 PACE? 14 A I don't recall. 15 Q Do you recall the month you visited PACE? 16 A No. 17 Q Do you recall the PACE address? 18 A No. 19 Q Do you recall whether you visited any other 20 agency or vendor in the same day you visited PACE? 21 A We did visit other vendors in Jacksonville 22 that day. I don't recall which ones they were 23 specifically, but we did visit other vendors that day. 24 Q When you and Mr. Covenant or Chandler or 25 Miller, whoever, visit vendors, do you usually do Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 95 several in one day? A Usually, yes. Q Is thele a particular period of time in 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 offices ofPACE7 9 A Can I describe what I observed? Opening the 10 door, there was a receptionist I think she called a 11 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 lady who came out and 16 I explained to her why I was there and that was to 17 make a public records request. 19 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 I 22 asked. 23 Q Do you recall whether you asked the ones, 24 or did the person volunteer their name, or what? 25 A I can't recall. Page 89 1 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 there anybody else in the vicinity when 9 you first walked in? 10 A Thomas walked in with me. I l Q Other than you and Mr. 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 don't recall. 15 Tbere was a — I don't recall. I think there were 16 people moving about, but I don't recall anybody else 17 in there. 18 Q Okay. Were you able to observe whether 19 them were any people there who you could distinguish 20 m clients of PACE as opposed to employees of PACE? 21 A I wouldn'tknow 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 Uh-huh. Page 22 (Pages 85-88) Page 87 I Q Could you tell how old she was? 2 A No. 3 Q Can you describe her? 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? 8 A Female. 9 Q Can you describe her? 10 A Brown hair, Caucasian, I think. That's I I about — brown hair, white female, really nice, real 12 polite. 13 Q Do you recall anything about how old she was 14 approximately? Is A Sheseemedtobe35to30-30to35, 16 somewhere around there. 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 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 area in there. Page 88 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 them were glass 4 doors. As you enter, there's a receptionist'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 to female that I just described came out. I I Q Okay. Atter you spoke to the second person, 12 what happened? 13 A After 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 09 I Q The same receptionist you spoke with later? 2 A I believe so, yes. 1 explained I wen 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 Correct. 10 Q And then you came back and that's when you 11 spoke to the amend person? 12 A Correct. 13 Q On your first visit, the only person you 14 spoke with was the receptionist? 15 A If I remember correctly, yes. 16 Q Did you film and audio that encounter with 17 the receptionist on the first visit? 18 A I don't recall if I did or noL I don't 19 remember if the camem was recording. I had the 20 camera to take the photograph, but I can't recall if 21 die camem was recording or not I can't remember. 22 Q when you had your fust encounter with the 23 receptionist, if you videoed it, hes that been 24 provided to Mr. Taylor? 25 A If I videoed it? Page 90 1 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 think I did. Like] said, I don't 9 remember if I recorded it or not. I don't think 10 there's a video of the first 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 mquesL 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. Taylot7 Page 23 (Pages 89-92) Page 91 I A Comet. 2 Q The second visit, the receptionist gets 3 another person. You've now got 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 over7 9 A I believe so. 10 Q Do you advise the second person, the white I[ female with dark brown hair, what you want? 12 A Comet. 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 I said, I would say, rm 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 certificate of liability insurance, 20 basically a 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 sure 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 am 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 Sir? 12 A I f nand it 13 Q What page? 14 A Page 10 of 36. 15 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 Comet. 22 Q — is that comet? 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 Pm 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 8 Q So exactly what were you asking for? 9 A I was asking for the certificate of 10 liability insurance that's required by the document — I I by the contract 12 Q Where is a certificate of liability 13 insurance required to be maintained, on Page 107 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 1 of 36. Page 94 1 Q Public records access. Now where on Page 1 2 does 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 ofall 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 ofttansmission, made or I I received pursuant to law or ordinance in connection 12 with the transaction o£official business by any 13 agency m 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 arc 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 liability 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 dolt dispute that 25 A Okay. Page 24 (Pages 93-96) Page 95 I Q You didn't ask for proof of insurance; 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 it's your testimony that whatever video 8 you took will show that you requested them to provide 9 you with proof of insurance? t0 A Yes. 11 Q Does that contract require them to maintain 12 proof of insurance? 13 A Proof ofinsinnce. 14 Q My question is: Is your reading of the 15 contract, since you're the one who downloaded it, or 16 Mr. Covenant downloaded it, but you reviewed it and 17 you made the determination that you're going to go ask 18 them for pmol of insurance, where in the contract 19 does it require them to maintain that they have 20 insurance or have proof that they have insumnce7 21 A In the contract? Well, typically, if you 22 have insurance, you have documentation showing that 23 you have insurance. 24 Q But wherein 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 contmcL 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 18 insurance or proof of insurance, whatever it is you 19 said, did you speak with anyone after that? 20 A No. I 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 I 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 you ask for the pemon responsible for 9 maintaining the insurance contract? 10 A No. it Q Did yen ask for anyone else in particular 12 other than, I simply want proof of insurance? 13 A I announced that I was there to make a 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 When I arrived, f can't remember if I asked 20 for what's listed as the contact person in the 21 contract I don't remember if I 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 9a I A Correct. 2 Q Does that suggest to you that whoever she 3 spoke to was not there 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 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 11 my name and address. I think she told me that I 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 toga 16 ahead and access the records now; I would like to take 17 a photograph and inspect the records now. Ie Q Do you have any 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 1 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. 8 Q Do you know if a certificate of liability 9 insurance, as you've described it, was in the office to that day? II 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? 18 A No. 19 Q Have you ever made a request to go back to 20 PACE — 21 A No. 22 Q —after er 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 tan 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 proof, what is that? 6 I'm not sure 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 am 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 m 19 Defendant's Exhibit I to the deposition. 20 (Defendant's Exhibit No. 1 was marked for 21 identification.) 22 BY MR. 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 in 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't mcall if I had been 9 advised if I could go back theca. to Q Do you know somebody named Thresa Giles or I1 Giles? 12 A No. 13 Q Do you know Yessica Cancel? 14 A No. 15 Q I had asked you, Mr. Gary, if you had ever, 16 since your first visit, seen the proof of insurance 17 you're asking for or a certificate of liability IS 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 you? 24 A No, sir. Not from PACE, 25 MR. WELL: rll have this marked as Page 102 1 Defendant's Exhibit 2. 2 (Defoudanfs Exhibit No. 2 was marked for 3 identification.) 4 BY MR. WELLS: 5 Q You aren't, by chance, in some way 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? I A No, 12 Q Okay. 13 MR WELLS: Let's take a ten-minute break, 14 if we can. I'm almost through. 15 (Brief break.) 16 BY MR. WELLS: 17 Q lust no that Nit clear, it's your testimony 18 you made two visits to PACE on the same day - 19 A Yes. 20 Q —about three boors apart? And the first 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 I would be there. When I asked for who would do the 2 public records type of deal, she said to come back 3 when that person is there, so I came back about than 4 hours later. 5 Q Okay. When you came back about throe hours 6 later, you spoke only to the same receptionist? 7 A As far as I remember, yes. 8 Q And than a second person that was — 9 A Yes. t0 Q — about 35, brown hair, Caucasian? I I A A white female, Caucasian. 12 Q So those am 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 friead, just there 4longjust 22 to be them 23 Q But could you see what he was physically 24 doing; was he just standing beside you or - 25 A Yeah. He was just kind standing over to the Page la4 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 he 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 read all that you want to, 10 but have you ever seen that before? 11 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 is (Defendant's Exhibit A was marked for 16 identification.) 17 BY MR. WELLS: [a Q I would like you to keep thaL 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 nay information as to the 24 ramifications of that document? 25 A Indications of ramifications of that Georgia Winegeart & Associates 301 West Bay Street, Suite 1450, Jacksonville, Florida 32202 Page 105 1 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. 8 Q Okay. Did you show her or point to anything 9 in the contract that you were looking fol? 10 A I believe did, yes. I pointed to it and I I I showed her the certificate of liability from the other 12 place, like, This is what I'm looking for; it's quick 13 and easy; just let me take a look at it and I'll leave 14 here. 15 Q And did you let her have either of those 16 documents, either the contact or the certificate you 17 had from the other source, for her to use to go back 18 to whoever she had to talk to? 19 A I think I may have given it m her, or she 20 may have taken it. I'm not sure. I would have to 21 watch the video again. But — I mean, if she would 22 have wanted to take it, I would let her have it. 23 Q But do you recall, one way or the other, 24 whether she took possession of either of those 25 documents? Page 106 1 A I 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 8 writing, by email, the request needs to be made in 9 writing. 10 I believe it was at that point when I said, I I Well — I showed her the certificate of liability 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, thank you, and I Ieft 16 Q Did she say anything about whether the 17 documents you were asking for was even in the office 18 at PACE? 19 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 said— like 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 what 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 reference, 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 2? 7 A Correct I mean, I didn't have that 8 particular document in my possession. It was one from 9 another— lo Q Asample? 11 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 to anyone? 16 A Requested to go back to anyone? No. 17 Q Let me rephrase that That wasn't clear. 18 Have you ever requested of anyone to go back to PACE 19 so you could attempt to photograph and inspect 20 whatever record it was you were seeking on the fist 21 visit? 22 A No. 23 Q Is it your understanding, Mr. Gray, that the 24 O'Boyle firm and Mr. Taylor, in specific, is 25 representingjusl you in this litigation? Page 108 I A In this, with PACE? 2 Q Yes, sir. 3 A Yes. 4 MR. WELLS: I am through. 5 Mr. Gray, you have the right to read and 6 sign, if it's transcribed, or you can waive that 7 right If I ask Car it to be transcribed, she's a going to type up everything that was said today, 9 assuming she beard you. Once she gets it typed 10 up, you have the right to mad it, to make sure I I she's done it correctly. W. Taylor can advise 12 you as to whether you need to read and sign it or 13 not. You can't make changes to it, but you can 14 make a notation of errors in her transcription. I5 THE WITNESS: Okay. 16 MR WELLS: So you need to let her know 17 whether you will waive the right to read it, or 18 whether you want to read it if it's transcribed 19 THE WITNESS: I would like to read it if 20 it's transcribed. 21 MR. WELLS: Very good. 22 ('The 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 STATE OF FLORIDA) 3 COUNTY OF DUVAL ) 4 1, Cynthia Silverberg, Shorthand Reporter 5 and Notary Public, Stam of Florida at Large, do 6 hereby certify that I was authimind to and did 7 stenographically report the deposition of 8 JEFFREY MARCUS GRAY; that a review of the transcript 9 was requested; and that the foregoing transcript, 10 pages I through 108, is a true and complete mord of 11 my stenographic notes. 12 I further certify that I am not a relative, 13 employee, attorney or counsel of any of the panics, 14 nor am I a relative or employee of my of the parties, 15 attorney or counsel connected with the action, not 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 Page 110 I CERTIFICATE OF OATH 2 STATE OF FLORIDA ) 3 COUNTY OFDUVAL ) 4 1, the undersigned authority, certify drat 5 JEFFREY MARCUS GRAY personally appeared before me and 6 was duly swam. 7 WITNESS my hand and official seed this 24th S day of]am ary, 2015. 9 10 11 12 CYNTHIA SILVERBERG. Notary Public 13 Notary Public -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: 1. 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 "CAF!"), 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 "CAFL" 8. During my discussions with Martin O'Boyle, wherein he sought to hire me to serve as the leader of CAFL, 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 govemment litigation on behalf of CAR, and; subject only to the independent Board of Directors, I would have the authority to select and retain taw fines 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" 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 CAM 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 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 CAFI were with Martin O'Boyle. At no time did 1 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 I 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 rive (5) months, through the end of June 2014, I8. I 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, 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 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 Firm. 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 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 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 leamed 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 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 Low 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 CAF1 cases and I was to file as many cases as possible. 44. When I asked Marlin O'Boyle to quantify how many cases he was willing to finance he said it was virtually unlimited. When 1 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 times that I was going to resign and that 1 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 fold members of the firm that 1 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 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 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 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 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 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 voluntaryswom video statement concerning my involvement with Martin O'Boyle, Jonathan O'Boyle, CAF[ 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, CAN 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 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, CAF) 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 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 SAXFTH NAUGA . JO ANDLER SWORN TO AND SUBSCRIBED before me thisc�7-7 day of October, 2014. AMBER COLSON BELLY 3 =_ Nolary Pub11C • Sta10 0l norida My Comm. Expires May 31, 2015 Commission M EE 165909 Personalty known Produced Identification Identification produced: Fi_�t 11 w qv C. ARY PUBLIC My Commissions Expires: Renee Basel From: Robert Sweetapple <rsweetapple@sweetapplelaw.com> Sent: Sunday, October 16, 2016 5:49 PM To: OConnor, Joanne M.; Bill Thrasher, scottmorgan75@gmail.com Cc: Trey Nazzaro; Macfarlane, Mary; Randolph, John C. Subject: Re: O'Boyle v. Gulf Stream - 4th DCA Denial of Rehearing, Our Case No. 13147.62 Great result. Regards, ROBERT A. SWEETAPPLE, ESQUIRE Board Certified - Civil Trial Board Certified — Business Litigation Sweetapple, Broeker & Varkas, P.L. 20 SE 3`d Street Boca Raton, FL 33432 (561) 392-1230(t) (561) 394-6102(f) rsweetapple@sweetapplelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. From: OConnor, Joanne M. <JOConnor@jonesfoster.com> Sent: Sunday, October 16, 2016 11:48 AM To: Bill Thrasher; scottmorgan75@gmail.com Cc: Robert Sweetapple; TNAZZARO@GULF-STREAM.ORG; Macfarlane, Mary; Randolph, John C. Subject: O'Boyle v. Gulf Stream - 4th DCA Denial of Rehearing, Our Case No. 13147.62 I am pleased to attach an Order received from the Fourth District Court of Appeal denying the motion for clarification, rehearing, rehearing en banc and/or certification filed by Martin O'Boyle in this action by which the Fourth District had affirmed the Trial Court's judgment finding the Town properly assessed copy costs for public records. The Fourth District's affirmance is attached as well for your information. This case has now been finally and successfully concluded in the Town's favor. Please do not hesitate to contact me with any questions. Regards, Joanne JONES -FOSTER Joanne M. O'Connor Florida Bar Board Certified Business Litigation Attorney Telephone: 561.650.0498 1 Fax: 561.650.5300 1 joconnor@jonesfoster.com Jones, Foster, Johnston & Stubbs, P.A. Flagler Center Tower, 505 South Plagler Drive, Suite 1100, West Palm Beach, Florida 33401 561-659-3000 1 www.jonesfoster.com Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged and confidential. If you are not the intended recipient, you received this in error. If so, anv review, dissemination, or copying of this email is prohibited. Please immediately notify us by email and delete the original message. Renee Basel From: Sent: To: Subject: Attachments: Renee, Please see attached. Thank you. Cynthia Miller <cmiller@sweetapplelaw.com> Monday, November 7, 2016 3:20 PM Renee Basel GS Fee letters SKMBT_C36016110715122.pdf, SKMBT C36016110715120.pdf, SKMBT C36016110715121.pdf CYNTHIA J. MILLER Certified Paralegal/Florida Certified Paralegal/Florida Registered Paralegal Sweetapple, Broeker & Varkas, P.L. 20 SE 3rd Street Boca Raton, FL 33432 (561) 392-1230(t) x. 305 (561) 394-6102(f) cmiller@sweeta pplelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. LAW OFFICES OF SWEETAPPLE9 BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Hagler Street, Ste.1500 Miami, Florida33130-6817 Telephone: (30S) 374-5623 Facsimile: (305)358-1023 ROBERT A. SWEEFAPPLE ! •• DOUGLAS C. BROEKER KADISHA D. PHELPS ALEXANDER D. VARKAS, iR ASHLEIGH M. GREENE BERKLEY S. VITALE ' BdUa l9lTli®BUANLESLrnOATIfIN ATRMNEY •• BONN CaITInBa CIVaTX1ALATRNIlY November 7, 2016 VIA EMAIL—RBasel@gulf-stream.org Renee Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 SWEErAPPLE 8: VARKAS, P.A. 20 S.E. 34 Street Boca Raton, Florida 334324914 Telephone: (561) 392.1230 Facsimile: (561) 394.6102 Please Reply To: Baca Raton rsweetapplea@sw tapplelaw.com sivarka r@sweetapplelaw, com bvitale@swectappielaw.com cmiller@swntapplelaw.com dsmith@swectapplelaw.com Re: Public Records Request No. 2223 made to the Town of Gulf Stream Dear Ms. Basel: Thank you for your email requesting the records described in Public Records Request No. 2223, which are purported to be public records. As you are aware, we have dozens of banker's boxes of closed and open files, in addition to years of electronic records regarding numerous litigation matters undertaken on behalf of the Town of Gulf Stream. In order to process this request we require payment of a deposit for two hours of paralegal time in the amount of $250.00. In the event our paralegal is able to locate responsive documents within this time, they will be provided. In the event our two hour search reveals that additional time will be required, an additional estimate will be provided prior to continuing our search. Should attorney time be necessary with regard to any issues such as privilege or redaction, these will be billed at the rate of the attorney involved in this matter and will be set forth in the subsequent estimate, after the preliminary search is completed. Obviously, any unused portion of any deposit will be refunded. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjm LAW OFFICES OF SWEETAPPLE9 BROEKER & VARKAS, P.L. DOUGLAS C. BROEKER, P.A. 44 West Miller Street, Ste. 1500 Miam4 Florida 33130-6617 Telephone: (305) 374-5623 Facsimile: (305) 356.1023 ROBERT A. S WEETAPPLE ! •• DOUGLASC. BROEKER KADISHA D. PHELPS ALEXANDER D. VARKAS, III ASHLEIGH M. GREENE BERKLEY S. VITALE • aO.Rn bRTm®aunnars LnlGATpNATNaNEY " BOARD rEaTff®C1wLlA1N.ATreM'aY November 7, 2016 VIA EMAIL—RBasel@gulf-stream.org Rene€ Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 SWEEfAPPLE & VARKAS, P.A. 20 S.E. V Street Boca Raton, Florida 334324914 Telephone: (561) 392.1230 Facsimile: (561) 394-6102 Please Reply To: Boca Ratan rsweetapple0a sweetapplelaw.mm ajvuku@sweetapplelaw.com bvitale(a@sweetapplelaw.mm cmiller@swmtapplelaw.com dsmith@sweetapplclaw.mm Re: Public Records Request No. 2331 made to the Town of Gulf Stream Dear Ms. Basel: Thank you for your email requesting the records described in Public Records Request No. 2331, which are purported to be public records. As you are aware, we have dozens of banker's boxes of closed and open files, in addition to years'of electronic records regarding numerous litigation matters undertaken on behalf of the Town of Gulf Stream. This request requires the mental impressions of numerous people. As such, we will look for references to the documents requested. In order to process this request we require payment of a deposit for two hours of paralegal time in the amount of $250.00. In the event our paralegal is able to locate responsive documents within this time, they will be provided. In the event our two hour search reveals that additional time will be required, an additional estimate will be provided prior to continuing our search. Should attorney time be necessary with regard to any issues such as privilege or redaction, these will be billed at the rate of the attorney involved in this matter and will be set forth in the subsequent estimate, after the preliminary search is completed. Obviously, any unused portion of any deposit will be refunded. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjm LAW OFFICES OF SWEETAPPLE9 BROEKER & VARKA89 P.L. DOUGLAS C. BROEKER, PA 44 West Flagler Street, Ste. 1500 Miami, Florida 33130.6817 Telephone: (305) 374-5623 Facsimile: (305)358-1023 ROBERT A. S WEETAPPLE •,•" DOUGLASC.BROEKER KADISHA D. PHELPS ALEXANDER D. VAAKAS, III ASHLEIGH M. GREENE BERKLEY S. VITALE • wraa rmmeoauswesstmanon ATInANEV •• BOAAO CFaIaBa CIVILnUAL AT1faltaiY November 7, 2016 VIA EMAIL — RBasel@gulf-stream.org Rene6 Rowan Basel Executive Administrative Assistant Town of Gulf Stream 100 Sea Road Gulf Stream, Florida 33483 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 nrwectapplc@s%TctaPpIclaW.com ajvarkas(a)sweetapplclaw. cum bvitale©sweetapplelaw.com cmiller®sweetapplelaw.com dsmith®sweetapplelaw. com Re: Public Records Request No. 2224 made to the Town of Gulf Stream Dear Ms. Basel: Thank you for your email requesting the records described in Public Records Request No. 2224, which are purported to be public records. As you are aware, we have dozens of banker's boxes of closed and open files, in addition to years of electronic records regarding numerous litigation matters undertaken on behalf of the Town of Gulf Stream. In order to process this request we require payment of a deposit for two hours of paralegal time in the amount of $250.00. In the event our paralegal is able to locate responsive documents within this time, they will be provided. In the event our two hour search reveals that additional time will be required, an additional estimate will be provided prior to continuing our search. Should attorney time be necessary with regard to any issues such as privilege or redaction, these will he billed at the rate of the attorney involved in this matter and will be set forth in the subsequent estimate, after the preliminary search is completed. Obviously, any unused portion of any deposit will be refunded. Very truly yours, ROBERT A. SWEETAPPLE RAS:cjm Renee Basel From: Christine Knadle <cknadle@sweetapplelaw.com> Sent: Monday, November 14, 2016 11:26 AM To: Rebecca Tew; Bill Thrasher Cc: Cynthia Miller Subject: Daughters Reporting Invoice #301763 Attachments: 11.14.16 -Daughters Reporting Invoice & Check Returned.pdf Good morning. The attached invoice from Daughters Reporting and our check are attached along with a note from them stating that the invoice had already been paid by Jones, Foster, Johnston & Stubbs PA. Our check #1022 has been credited back to your trust account which we now show as having a balance of $2,449.85. Any questions please call the office. Thankyou. CHRISTINE KNADLE Administrative Assistant Sweetapple, Broeker & Varkas, P.L 20 SE 31d Street Boca Raton, FL 33432 (561) 392-1230(t) x. 306 (561) 394-6102(f) cknadleCdsweetaoolelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. oaqhtai b Reporting, Inc. 934 N. University Drive, #224 - Coral Springs, Florida 33071 Office 954.755.6401 - Fax 954.827.7778 daughtersreporting@gmail.com - daughtersreporling.com INVOICE JONES FOSTER JOHNSTON & STUBBS, P.A. Invoice Number. 301763 ATTN: Joanne O'Connor, Esq. Invoice Date: 09/27/2016 505 South Flagler Drive Suite 1100 West Palm Beach, FL 33401 In RE: Martin O'Boyle vs. Town of Gulf Stream Case Number..502014CA000834 Witness(s): Judge Lisa Small Attendance Date: 09/20/2016, 10:00am Reporter: Felecia Curren, Inc. Location: PALM BEACH COUNTY COURTHOUSE - 205 North Dixie Highway - West Palm Beach, FL 33301 - Courtroom 11C NO Trial before the Honorable Lisa Small Original & One Copy - 214 pages - Volumes 1 & 2 Three-day delivery Postage & Handling 9/27/16 Transcript(s) emailed on 9/27/16 Payment Information 10/11/2016 - Check#: 23863 THANK YOU FOR YOUR BUSINESS! WE ACCEPT VISA/MASTERCARD. INVOICE DUE WITHIN 30 DAYS. Tax ID: 46-4642885 Ext 1883.20 li[a0111] Invoice Total: 1901.20 Payments: 0 Total Amount Due: Tf 0.00 ��✓ o S� Pcctc( Jc t=o1+F-r o�,_ J'olrt�io 1 t' Ok-��p�1 t J Qa N_ tU n CtclvL� � n`S - U CE rC o SWEETAPPLE BROEKER & VARKAS PL PARADISE BANK IOTA TRUST ACCOUNT 2420 N. Federal Highway 20 BE 3RD STREET Boo Raton, FL 33431 BOCA RATON, FL 33432 e3-1570/070 PH. 561392-1230 IYTO THE Nineteen Hundred One Dollars & 20/100 aDER OF 10-27-2016 Daughters Reporting, Inc. 934 N. University Drive, #224 Coral Springs, Florida 33071 ?MO emo: Invoice No. 301763; Matter No. 1679 .10A_ AUTRGR¢ED SIGNATURE 1111001,022112 1:067015795i: 0i2&o&L.088ue 1022 F. m m o` a` $1,901.21bOLLARS 8 _.. _.. _ W E a Renee Basel From: Christine Knadle <cknadle@sweetapplelaw.com> Sent: Tuesday, November 22, 2016 3:49 PM To: Rebecca Tew; Bill Thrasher Cc: Cynthia Miller Subject: 4th DCA Filing Fee Attachments: 11.21.16 -FILING FEE RECEIPT.pdf Good afternoon. Please see the attached receipt for 4'h DCA Filing Fees. This cost of $300 was deducted from your Trust Acct. The receipt is for your records. Thank you. CHRISTINE KNADLE Administrative Assistant Sweetapple, Broeker & Varkas, P.L 20 SE 3rd Street Boca Raton, FL 33432 (561) 392-1230(t) x. 306 (561)394-6102(f) cknadle0sweeta DDlelaw.com www.sweetapplebroeker.com STATEMENT OF CONFIDENTIALITY The information in this e-mail is confidential and may be legally privileged. If you are not the named addressee, or if this message has been addressed to you in error, you are directed not to read, disclose, reproduce, distribute, disseminate, maintain, save or otherwise use this email. Please contact the sender at the above number immediately. Delivery of this message to any person other than the intended recipient(s) is not intended in any way to waive privilege or confidentiality. THE FOURTH DISTRICT COURT OF APPEAL 1525 Palm Beach Lakes Boulevard West Palm Beach, FL 33401 (561)242-2000 Receipt Number: R2016-1033465 Foran ojPayment: Check Check Number. 1031 Lower Tribunal Case Numbers. 5020I4CA004474)CCXX IB Note: Service Type Case Number Case Style Filing Fee $300 4DI6-3634 TOWN OF GULF STREAM vs MARTIN E.O'BOYLE Page 1 of 1 ******************* RECEIPT ******************* Issue Dale: 11/21/2016 Name. ROBERT A. SWEETAPPLE Sweetapple, Broeker & Varkas, P.L. 20 SE 3rd Street Boca Raton, FL 33432 Amount $300.00 Total: $300.00